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Officer misconduct could come into question in criminal cases

HUTCHINSON, Kan. — The personnel matter involving the Hutchinson Police Department has given a black eye to the department that will take time to repair.

But, do the actions of those six officers who were involved in the protection and cover up of one of their fellow officers create other legal problems for the justice system?

The question was put to prominent defense attorney Charlie O’Hara. O’Hara says, unless the wrongdoing by the officer in question had a direct effect on a particular case, then efforts to file a civil motion in past criminal cases would see little chance of getting anywhere. Still, it is possible such a filing could occur.

O’Hara says that the integrity of the department could certainly come into question in future trials. He says the burden to make sure officers are on the up-and-up is on the District Attorney’s office. District Attorney Keith Schroeder was asked to investigate any possible criminal case against the officers, but deferred that investigation to the KBI.

Schroeder was asked to investigate what damage could be done in his ability to try cases where possible misconduct by an officer comes into question. He says it’s too early to tell if any current or future trials may be affected by the situation.

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