A court hearing on whether to grant a special form of probation to a police officer accused of groping two women was postponed Wednesday, as the city, police union and the officer’s lawyer discuss a potential deal under which he would leave the force.
Officer Anthony Maio, 41, came to court with his wife and several colleagues who might have been called as character witnesses in the 13-year veteran’s application for accelerated rehabilitation, but at the last minute the hearing was postponed until May 26.
In the hallway afterward, Senior Assistant State’s Attorney Eugene Calistro explained that there were still some aspects of the case that needed to be examined. He also indicated that the two alleged victims, in conversations with him and the court victim advocate, had voiced conditions they wanted to have met before they would support accelerated rehabilitation — commonly referred to as A.R. — which would leave Maio without a criminal record if he successfully completes the probation.
“They have set a position, but because it’s a pending case I’m obligated not to disclose it,” said Calistro.
There was an implication, however, that the women’s concerns might be resolved by the ongoing discussions between the city and Maio.
Maoi’s defense attorney, Tim Pothin, said his client and the city are working on the framework of an agreement that he believes is in Maio’s best interest and would “put me in a better position to argue for A.R.”
Maio, of Durham, doesn’t have enough time on the job to retire. Under the union contract, an officer can receive an age annuity pension after 20 years on the force, although officers with as few as 15 years can trade in unused sick time to make up the difference. Maio remains about 1 1/2 years shy of the minimum threshold, but in one recent case involving another officer facing criminal charges, the city and union struck a deal for the detective to serve a one-year unpaid suspension so he could get a pension.
Craig Manemeit, the city’s director of labor relations, wouldn’t say whether the city was considering a similar deal for Maio, but did confirm that the city is “speaking with the union and Maio’s employment counsel and we are trying to come up with a resolution that’s best for all parties.”
Contacted Wednesday afternoon, Calistro said if a deal was struck that would remove Maio from the force, “it may address the conditions that the two young women were looking for.”
Maio is accused of leading the two women, both college students, upstairs while he was on duty and in uniform at an extra duty assignment at Bar, a nightclub at 245 Crown St., and groping them inside an employee bathroom. He faces two counts each of fourth-degree sexual assault and unlawful restraint.
Maio has denied the allegations and has remained on paid administrative leave from the department since his arrest last June.
The department has brought internal charges for departmental violations against Maio but, even if it wanted to, can’t move forward with a disciplinary hearing before the Board of Police Commissioners until the criminal case is adjudicated.
“I can’t hold a hearing,” said Manemeit, referring to Rule 16 of the department manual, which states that if an accused officer is a defendant in a directly related criminal case, the department “shall not hold a hearing to handle the civilian complaint” unless the accused officer agrees, which Maio has not.
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Officer Anthony Maio, 41, came to court with his wife and several colleagues who might have been called as character witnesses in the 13-year veteran’s application for accelerated rehabilitation, but at the last minute the hearing was postponed until May 26.
In the hallway afterward, Senior Assistant State’s Attorney Eugene Calistro explained that there were still some aspects of the case that needed to be examined. He also indicated that the two alleged victims, in conversations with him and the court victim advocate, had voiced conditions they wanted to have met before they would support accelerated rehabilitation — commonly referred to as A.R. — which would leave Maio without a criminal record if he successfully completes the probation.
“They have set a position, but because it’s a pending case I’m obligated not to disclose it,” said Calistro.
There was an implication, however, that the women’s concerns might be resolved by the ongoing discussions between the city and Maio.
Maoi’s defense attorney, Tim Pothin, said his client and the city are working on the framework of an agreement that he believes is in Maio’s best interest and would “put me in a better position to argue for A.R.”
Maio, of Durham, doesn’t have enough time on the job to retire. Under the union contract, an officer can receive an age annuity pension after 20 years on the force, although officers with as few as 15 years can trade in unused sick time to make up the difference. Maio remains about 1 1/2 years shy of the minimum threshold, but in one recent case involving another officer facing criminal charges, the city and union struck a deal for the detective to serve a one-year unpaid suspension so he could get a pension.
Craig Manemeit, the city’s director of labor relations, wouldn’t say whether the city was considering a similar deal for Maio, but did confirm that the city is “speaking with the union and Maio’s employment counsel and we are trying to come up with a resolution that’s best for all parties.”
Contacted Wednesday afternoon, Calistro said if a deal was struck that would remove Maio from the force, “it may address the conditions that the two young women were looking for.”
Maio is accused of leading the two women, both college students, upstairs while he was on duty and in uniform at an extra duty assignment at Bar, a nightclub at 245 Crown St., and groping them inside an employee bathroom. He faces two counts each of fourth-degree sexual assault and unlawful restraint.
Maio has denied the allegations and has remained on paid administrative leave from the department since his arrest last June.
The department has brought internal charges for departmental violations against Maio but, even if it wanted to, can’t move forward with a disciplinary hearing before the Board of Police Commissioners until the criminal case is adjudicated.
“I can’t hold a hearing,” said Manemeit, referring to Rule 16 of the department manual, which states that if an accused officer is a defendant in a directly related criminal case, the department “shall not hold a hearing to handle the civilian complaint” unless the accused officer agrees, which Maio has not.
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