The 3-0 vote of Miami Twp. Trustees Deborah Preston, Charles Lewis and Mike Nolan was announced at 2:30 p.m. in the township meeting room as Maj. DiPietro and his attorney watched. The resolution, effective immediately, found DiPietro guilty of four of the original six charges of misconduct found in an internal affairs report done by the Montgomery County Sheriff’s Office.
DiPietro left without comment and his attorney, Richard Lipowicz, only said that his client may file an administrative appeal of the decision. Wednesday’s action followed the fourth day of the disciplinary hearing that began last year.
Miami Twp. police Chief Chris Krug, reached by phone, said he would decline comment until after he returns to work. Krug had knee surgery last month and said Wednesday he is on pain killers and has been told not to do anything work related.
Jon Paul Rion, who represents the girl and her family, declined to comment Wednesday.
Last year, the Montgomery County Prosecutor’s Office declined to pursue criminal charges. Spokesman Greg Flanagan said then there was “insufficient evidence that any felony occurred. As far as we’re concerned, there are not going to be any criminal charges.”
DiPietro, who started with the Miami Twp. Police Department part-time in 1986 and became full-time in 1989, has been deputy chief for about 12 years. DiPietro has been the subject of other internal investigations and disciplinary action on his way to being named second-in-command with a salary above $84,000.
DiPietro survived a misdemeanor trespassing conviction and multiple acts of “inappropriate conduct” years earlier, but also was admonished more recently for throwing his Taser at a theft suspect. DiPietro was cautioned in late 2011 by Krug about the dangers of giving up his weapon.
On Oct. 19, Krug placed DiPietro on paid administrative leave — which was superceded by Family and Medical Leave Act time at the request of Lipowicz. That’s when Krug received a 57-page internal affairs report citing six inappropriate actions concerning DiPietro’s actions during the decontamination of the girl, including taking a photo of one of the girl’s tattoos and sending it to a friend, allowing the girl to undress during the decontamination and failing to submit proper reports until ordered to by Krug.
Trustees found him guilty of violating rules including addressing professional conduct and personal bearing, responsibilities and general conduct, protection of prisoners, their rights and their property and conduct unbecoming an employee in the public service.
The trustees basically found DiPietro guilty on the overall charge of incompetence, inefficiency, or neglect of duty, and terminated him, according to the resolution.
Specifically, trustees found that DiPietro violated rules against embarrassment, humiliation or shame of a person and a section that said, “No officer shall willfully mistreat or give inhumane treatment to any person held in custody.”
DiPietro, who has applied for a medical disability pension, had alleged a “conspiracy” and predicted he would be vindicated.
Before the disciplinary hearing resumed Wednesday DiPietro and his attorney said they were disappointed that township administrator Greg Hanahan would not be testifying.
“Since he has left the township, the attorney for the township said they would issue a subpoena for him — the township does have power subpoenas in these type of employment discipline matters,” Lipowicz said, though township officials said Hanahan was still technically an employee. “I was kind of chagrined to learn, only yesterday, that Mr. Hanahan will not be here again and the township reneged on its offer to issue a subpoena to him.”
Lipowicz would not elaborate on Hanahan’s connection to the case. Nolan has previously said Hanahan’s reported negotiated buyout was not connected to DiPietro’s situation.
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