AURORA — A police detective accused of calling a public defender an “idiot” in court and then lying about it to a judge has lost his appeal of his termination.
The Aurora Civil Service Commission found that Detective Barry Maul violated two police policies: professional conduct and responsibility, and making a false or untruthful declaration.
According to the commission’s report, Maul was testifying at a March 29, 2010, hearing in a case that involved theft and other charges when, after a “heated or contentious” cross-examination by public defender John Moran, he left the stand.
As he walked back to the prosecution’s table, he said the word “idiot.” Moran asked Maul, “What was that, detective?” the report said.
Judge Nathan Feldman then confronted Maul. “Detective,” he said, “I am going to have to ask you, did you just use the word ‘idiot’?”
Maul replied he had not. An audio recording proved otherwise.
A deputy present in court also said he heard Maul use the word. Maul later said he was calling himself an idiot because he was unprepared and was rushed into court that afternoon because he thought the hearing was on another day. Maul’s attorney, Sean Olson, said they did not agree with the commission’s findings.
Civil Service Commission chairman Dave Williams said it didn’t matter whom Maul called an idiot.
“The bottom line is, you don’t lie to a judge. We had to take that into consideration,” Williams said.
Although a discipline review board recommended Maul be suspended, he was fired by Chief Dan Oates in January. This was the second time recently that Oates went against a discipline review board’s majority recommendation in a termination case. Five board members in Maul’s case recommended the detective be suspended for 240 hours. One member recommended a 10- to 40-hour suspension.
“I’m heartened that the commission had the same response to the evidence and the underlying principle in this case that I did,” Oates said.
In the other case, Officer James Waselkow, fired for using excessive force, was reinstated by the Civil Service Commission on Jan. 26. Police union president Don James said he could think of at least three similar cases in which officers were not fired.
