Orange County Fla April 29 2013 A former Orange County deputy who was fired after being accused of sexually abusing a boy — criminal charges that he was later cleared of — has filed a federal lawsuit seeking to get his job back.
Louis A. Mercado, who worked as a school-resource officer, was arrested in July 2008 after a man said the deputy sexually abused him when he was a child.
The Sheriff's Office suspended Mercado without pay and launched an internal investigation.
The man, then 24 years old, told authorities he met Mercado through a program for children with behavioral problems. The man said he slept at Mercado's apartment and vacationed with him.
He said Mercado sexually abused him when he was a child and teenager.
Mercado's attorney would not comment on the filing against Sheriff Jerry Demings, but according to the lawsuit, shortly after his arrest, a judge ordered Mercado avoid contact with the suspected victim and witnesses in the case.
One of the state's witnesses included sheriff's Cpl. Michael Ruggiero, who also was the detective assigned to handle the agency's internal investigation.
This put Mercado in an "undeniable conflicting situation," the lawsuit said.
Mercado argues the Sheriff's Office should not have placed him in a position of having to choose between exercising his Fifth Amendment rights while facing the consequence of being fired for allegedly not cooperating with an internal investigation.
In February 2009, Mercado and his attorneys met with Ruggiero as part of the Sheriff's Office internal investigation, and the school-resource officer made a statement.
Mercado said he denied violating Sheriff's Office policies and denied engaging in the criminal acts alleged against him.
"If this interview is rescheduled after my trial is concluded, which this agency should, respectfully, cooperate in so doing, I will respond completely and truthfully to all questions at that time."
Mercado maintains he was not refusing to cooperate with the investigation.
"Because of his pending criminal trial, former Deputy Mercado had no choice but to make a blanket denial as Mercado was justifiably concerned about making any statements prior to the upcoming criminal trial," the lawsuit said.
The Sheriff's Office — which would not discuss the matter because of the pending litigation — determined Mercado violated agency policies, including for failure to cooperate with an internal investigation.
Mercado's criminal case went to trial in Orange County in November 2011.
Mercado's defense attorney successfully argued he be acquitted of two of the three charges, and the final charge was disposed of when the judge granted a mistrial.
Six month later, in May 2012, another Orange County judge ordered that the case could not be retried because of that prosecutorial misconduct. The state is appealing that decision.
Mercado said the Sheriff's Office rushed to judgment "on allegations which have now been proven in a court of competent jurisdiction before a judge and jury of Mercado's peers to be without merit."
Mercado is seeking more than $75,000 in compensatory damages, is asking for back pay and benefits and wants a federal judge to order Demings to reinstate him as a deputy or to an equivalent position with equal pay and benefits.
But Robert Diemer, chairman of the criminal-justice department at Saint Leo University near Dade City, said if law-enforcement officers refuse to answer questions in an internal investigation, that is considered violation of agency policy — a policy they agreed to follow when they joined the force.
"The officer has no right not to talk," Diemer said.
Diemer said law-enforcement officers are held to a higher standard and agencies expect their officers will tell the truth.
"I'm not giving up any of my personal rights," he said. "If I take the oath of office, I am acknowledging the fact that at an administrative investigation, I will have to answer questions."
Source: Orlando Sentinel
Louis A. Mercado, who worked as a school-resource officer, was arrested in July 2008 after a man said the deputy sexually abused him when he was a child.
The Sheriff's Office suspended Mercado without pay and launched an internal investigation.
The man, then 24 years old, told authorities he met Mercado through a program for children with behavioral problems. The man said he slept at Mercado's apartment and vacationed with him.
He said Mercado sexually abused him when he was a child and teenager.
Mercado's attorney would not comment on the filing against Sheriff Jerry Demings, but according to the lawsuit, shortly after his arrest, a judge ordered Mercado avoid contact with the suspected victim and witnesses in the case.
One of the state's witnesses included sheriff's Cpl. Michael Ruggiero, who also was the detective assigned to handle the agency's internal investigation.
This put Mercado in an "undeniable conflicting situation," the lawsuit said.
Mercado argues the Sheriff's Office should not have placed him in a position of having to choose between exercising his Fifth Amendment rights while facing the consequence of being fired for allegedly not cooperating with an internal investigation.
In February 2009, Mercado and his attorneys met with Ruggiero as part of the Sheriff's Office internal investigation, and the school-resource officer made a statement.
Mercado said he denied violating Sheriff's Office policies and denied engaging in the criminal acts alleged against him.
"If this interview is rescheduled after my trial is concluded, which this agency should, respectfully, cooperate in so doing, I will respond completely and truthfully to all questions at that time."
Mercado maintains he was not refusing to cooperate with the investigation.
"Because of his pending criminal trial, former Deputy Mercado had no choice but to make a blanket denial as Mercado was justifiably concerned about making any statements prior to the upcoming criminal trial," the lawsuit said.
The Sheriff's Office — which would not discuss the matter because of the pending litigation — determined Mercado violated agency policies, including for failure to cooperate with an internal investigation.
Mercado's criminal case went to trial in Orange County in November 2011.
Mercado's defense attorney successfully argued he be acquitted of two of the three charges, and the final charge was disposed of when the judge granted a mistrial.
Six month later, in May 2012, another Orange County judge ordered that the case could not be retried because of that prosecutorial misconduct. The state is appealing that decision.
Mercado said the Sheriff's Office rushed to judgment "on allegations which have now been proven in a court of competent jurisdiction before a judge and jury of Mercado's peers to be without merit."
Mercado is seeking more than $75,000 in compensatory damages, is asking for back pay and benefits and wants a federal judge to order Demings to reinstate him as a deputy or to an equivalent position with equal pay and benefits.
But Robert Diemer, chairman of the criminal-justice department at Saint Leo University near Dade City, said if law-enforcement officers refuse to answer questions in an internal investigation, that is considered violation of agency policy — a policy they agreed to follow when they joined the force.
"The officer has no right not to talk," Diemer said.
Diemer said law-enforcement officers are held to a higher standard and agencies expect their officers will tell the truth.
"I'm not giving up any of my personal rights," he said. "If I take the oath of office, I am acknowledging the fact that at an administrative investigation, I will have to answer questions."
Source: Orlando Sentinel