A Clinton police officer accused of viewing pornography on his squad car computer is asking that evidence collected from the computer be barred from an upcoming disciplinary hearing because police officials are guilty of eavesdropping.
Patrolman Billy Hurst, 40, of Clinton will face the Clinton Police and Fire Commission on Aug. 13 on charges that he acted improperly by spending more than 23 hours watching pornography during working hours from Nov. 13, 2008, to Jan. 24. The charges filed in January initially sought a 30-day suspension for Hurst but were amended a month later by Clinton Police Chief Mike Reidy to ask that the officer be fired if found guilty by the three-member commission.
Hurst's attorney, Shane Voyles, with the Policemen's Benevolent labor committee, filed a civil complaint in May in DeWitt County court accusing Reidy of eavesdropping by monitoring Hurst's computer activities. Hurst did not consent to the city's installation of software put in place after viruses were detected on city computers, said Voyles.
Voyles is asking a judge to bar the computer information from Hurst's hearing. The defense attorney said Thursday that the police and fire board has declined to postpone the hearing until a ruling on the issue.
Agreed to follow agency's rules?
The commission and Reidy argued in response to the lawsuit that Hurst agreed when he was hired to follow agency rules, including a provision that "officers will not use the Mobile Data Terminals in any manner that would tend to discredit the Clinton Police Department."
Hurst was aware that any message sent to the computer was retrievable, said the response.
The officer also takes exception in his complaint to the release of information about the current disciplinary action and previous allegations lodged by the department against him. The specifics of the charges were released to the media under requests filed under the state Freedom of Information Act.
Voyles conceded Thursday that that portion of his complaint may be moot in light of a recent Illinois 4th District Appellate Court ruling that prohibits police agencies from withholding the results of internal investigations.
"I think the ruling is wrong but that's what the law is," said Voyles.
Hurst remains on duty, but he was moved to the night patrol shift after charges were filed. He also was removed from his post as juvenile officer. He has been with the department about 15 years.
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