Fired cops file papers for appeal | [8/10/06]

Published 12:00 am Thursday, August 10, 2006

Two Vicksburg police officers fired three weeks ago after being accused of having sex with a 17-year-old girl in 2005 want a Civil Service Commission review, but hearing dates have not been set.

Chairman Joe Graham Jr. said in Wednesday’s commission meeting that commissioners will decide Sept. 15 whether to hear Anthony Lane’s appeal after determining whether he filed the appropriate paperwork on time. If so, a date would likely be set.

The commission did not schedule a date to hear Bobby Jones’ appeal because his attorney, Ramel Cotton, requested dates that were not available, Graham said.

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The commission is a three-person council appointed by the city board and charged with keeping politics out of hirings, firings, promotions and transfers in police and fire departments. If the panel decides any decision was not related to job performance, decisions of city officials may be modified or reversed.

Appeals from commission rulings are to Warren County Circuit Court.

Vicksburg’s Mayor and Board of Aldermen voted 2-1 on July 19 to deny reinstatement of Lane, 29, and Jones, 32, who were cleared of criminal conduct in the matter.

A jury of four men and eight women said Lane’s sexual relationship with the student while he was assigned to Vicksburg High School – a relationship she admitted during testimony during his trial – did not amount to sexual battery under state law.

District Attorney Gil Martin dropped the case against Jones, also indicted for involvement with the same teen, later that week. Jones was not assigned to school duties.

Mississippi law sets the age of consent for sex at 16, generally. However, a separate statute raises the age to 18 if the adult in the relationship is a &#8220person of trust or authority.” It lists 16 roles in that capacity, including teacher and coach, but doesn’t include &#8220police officer.”

A conviction could have resulted in a 30-year prison term.

Mayor Laurence Leyens and South Ward Aldermen Sid Beauman voted in favor of the terminations. North Ward Alderman Michael Mayfield dissented.

At Lane’s trial, Vicksburg Police Chief Tommy Moffett testified that, though he had suspended Lane for 20 days after hearing of the relationship, he did not believe state law defines people serving under him as &#8220persons of trust or authority.” Jones was not suspended.

Several officials, including Moffett, have suggested the Legislature, when it convenes in January, add the words &#8220police officer” to the list in the sexual battery statute.

In other business before the commission: