Harvey lawyers ask for empathy

When it comes down to it, what do Newport Beach Police Department officers, sergeants and civilian employees have to gain from taking the stand and tarnishing the organization’s reputation?

Attorney John Girardi said that should be the most important question jurors should ask themselves as they deliberate next week whether the department discriminated against Sgt. Neil Harvey and failed to promote him based on false rumors that he’s gay.

Attorneys presented their closing arguments Friday, with Harvey’s lawyers appealing for empathy from the seven-woman, five-man jury and the city’s attorneys pointing to a slew of testimony by lieutenants and others contradicting Harvey’s claims.

“Those who value loyalty to management over loyalty to the truth ought to be ashamed of themselves,” Girardi said of those who testified they had never heard rumors Harvey was gay or that he’d been called an expletive for homosexuals. “If anyone took the time to get beyond the slur, they’d find they had a real asset in Neil Harvey.”

Harvey, a 27-year veteran with the department, has been a sergeant for 18 years.

He’s put himself into the mix for a promotion at every opportunity since the mid-90s, and every time, he was shot down.

According to him, the rumors about his homosexuality undermined his respect among his superiors and compromised his ability to lead his subordinates.

One sergeant, a detective, officers and civilian employees testified rumors of Harvey’s sexuality were prevalent.

Lieutenants who rated Harvey and other candidates going for promotions testified they were not aware of the rumors, and scored him poorly for the position because he was too “nitpicky” with police reports and hesitated with big decisions.

“The issue isn’t whether Sgt. Harvey was a good sergeant. The issue is whether Sgt. Harvey would be a good lieutenant,” said defense attorney Jim McDonald. “He’s just not ready to be a lieutenant. He doesn’t have the leadership skills.”

The men in the highest ranks of the department were uniform in their criticisms of Harvey. McDonald wants jurors to consider that strength to his case, Girardi wants it to mean they’re just circling the wagons.

“They got nothing. We have a bunch of gossipy men getting together and saying we don’t want that guy, we want this [other] guy,” Girardi said. “You can look at the testimony of brave and courageous people who testified, or you can go the other way.”

He continued, “You can take a look at those people in the command staff who testified…who linked arms together and said what is more important is loyalty to management than loyalty to the truth.”

Current and former officers told jurors there is a culture of retaliation and an in-crowd and out-crowd in the department. One man equated it to being back in high school.

McDonald countered that even if there were a rumor mill in the department, it doesn’t discount lieutenants’ and captains’ criticisms of Harvey’s performance.

Between 1997 and 2006, Harvey tested to become a lieutenant five times. He was never among the top 50%.

Last year Harvey tested again and tied for first among the candidates. Department leaders have the right to promote any of the top three candidates and selected someone else.

Soon after, Harvey sued.

“What’s it like to go to work and do your best and not get respect? Not only not get respect, but be the object of scorn. What’s it like to come into work and have everyone think you’re different,” Girardi asked the jury.

He then alluded to the compensation Harvey is looking to be awarded and asked, “What is the value of respect in your life?”

Jurors will continue deliberating Monday.

Reporter JOSEPH SERNA may be reached at (714) 966-4619 or at [email protected].