Mar 13, 2008 9:26 am US/Eastern
Judge To Timoney: Answer The Questions
Click Here to read the judge's order.
MIAMI (CBS4) ―
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Miami Police Chief John Timoney Comments on Great Britain Terror Arrests
CBS
A Miami-Dade judge has rejected an attempt by Miami police chief John Timoney to throw out a subpoena ordering him to appear before the city's Citizen Investigative Panel, telling the chief he must comply with the panel's subpoenas as it investigates his year-long free use of a pricey Lexus SUV.
Click Here to read the judge's order.
Timoney has been under investigation since August 2007, after
CBS4's Gary Nelson revealed the chief had been using, at no cost, a luxury Lexus SUV provided by Lexus of Kendall.
The chief characterized the use as an extended test drive, but later apologized for his actions and paid full list price for the then year-old vehicle.
The Citizens Investigative Panel, empowered by the city to investigate the Miami Police department, wanted to ask Timoney questions about his use of the vehicle, but Timoney refused to appear and ordered his lawyers to fight the subpoena
The chief's attorneys said the panel did not have the authority to subpoena the chief, and that even if they did, the chief was not actually a police officer, as defined under the law, and not subject to their review.
In Judge Victoria Sigler's order, she rejected that claim, saying that while the legislature made it clear that the position of a police chief was specifically exempted from the term 'law enforcement officer'', other portions of the Florida Statutes clearly state the law enforcement duties of a chief.
"Based on the definition of a law enforcement officer," the Judge's decision states, "it is apparent that Timoney, while Chief of Police, is also a law enforcement officer. Applying this definition, the Court finds that Timoney is within the reach of the investigative powers and duties of the CIP."
The chief's attorneys had also tried to block the subpoena on procedural matters, claiming the panel took too long to issue it and no longer had the ability to require him to appear.
Judge Sigler rejected that claim as well, saying "Under the facts of the case, Timoney caused the delay by his unavailability, effectively toiling the limitations period."
The judge said since the chief was responsible for the delay, he was prevented from "asserting an inconsistent position."
Judge Sigler, in dismissing Timoney's efforts to have the subpoena set aside, granted the CIP's petition to enforce the subpoena and Timoney was ordered to comply with the subpoenas served against him.
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
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