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DISTINGUISHED DETECTIVE NOT GUILTY BECAUSE OF MEDICAL CONDITION

Once a rising star within the Department, Detective J.D. found herself in a horrible situation. She was diagnosed with a serious medical condition that affected her thoughts and behaviors. Through the assiduous support of family and friends, she was able to get the appropriate medical attention and was in a remissive state. Nonetheless, the Police Department, for which she had served commendably, sought her termination despite her medical condition. Det. J.D. was charged with multiple counts of insubordination and verbally mistreating a supervisor. At the hearing it was proven that she was unable to fully recognize and understand her actions due to her medical condition. Accordingly, she could not be legally responsible for her conduct. The Superintendent failed to prove a critical element of the charges: the mental state ("mens rea" Latin for "the intending mind"). It was shown that the decision to bring charges was inappropriate in this case as the Board concluded "this is a medical rather than a disciplinary matter." 14 PB 2872 (2015)

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