Trial reveals Focareta led divided Plum police force
PLUM: A federal trial into the firing of former Plum Police Chief Terry Focareta portrayed a department rife with division, favoritism and political intrigue.
Only one police officer took the witness stand during the five days of testimony before U.S. Judge Donetta Ambrose in Focareta's suit that challenged his firing.
A jury ruled in Focareta's favor Wednesday.
The sworn statements of Sgt. James A. Sims painted an unflattering portrait of Focareta's decade-long tenure.
"Morale was low," said Sims, a Plum officer for 23 years. "There was a feeling by police officers that there were the 'haves' and 'have-nots.'"
Focareta, who was with the department for 29 years, including 10 as chief, discounted Sims' statements. Focareta testified Sims was disgruntled over being demoted in 1998 from lieutenant to sergeant. Sims said he thought Focareta was behind the demotion.
Focareta portrayed himself at the trial as a strict disciplinarian. He said some officers did not appreciate his demand for personal neatness and well-written incident reports as necessary elements for a professional department.
The glimpse inside the Plum Police Department during Focareta's years as chief came during testimony in Focareta's federal suit against Mayor John Schmeck, council and Solicitor Bruce Dice. In suing the borough, Focareta claimed his January 2002 firing was retaliation for investigations of borough officials and their relatives. Plum officials say Focareta was fired because he falsely claimed a police candidate had failed a polygraph test.
Sims testified the morale problem in the police department was brought to light in a 1997 "peer-to-peer" study sponsored by the state Department of Community and Economic Development.
The report rated the mechanics of the department as excellent and the officers as technically competent but also found "haves" and "have-nots" split on the force.
Sims testified examples of the division included the department's legal defense fund being split into two because of the competing factions on the force, and the "have not" officers getting extra scrutiny from Focareta on everything from appearance to report writing.
Sims testified that the "have nots" received only the police training required by law while the 'haves' were sent for multiple courses in specialized training.
Sims also said the "have nots" were "put in the worst police cars that became known as the 'penalty box.'"
Focareta acknowledged assigning some officers to sloppy cars but insisted they brought it on themselves. Focareta said some officers repeatedly left cigarette butts, snuff, fast food containers and other trash in patrol cars.
"Memos to these officers to keep the vehicles clean went unheeded," Focareta testified. "I did not want to have officers who didn't do that stuff in (those) cars."
Sims cited an instance when Focareta directed him to rewrite a police report because of one grammatical error.
"I made several officers aware of their sloppy report writing," Focareta said.
Focareta also demanded that officers dress neatly.
"A neat appearance commands respect," Focareta said.
Sims testified that morale fell so low that he was "surprised a hockey brawl didn't break out."
Sims also detailed a contentious exchange he had with Focareta about five years ago when Plum Council had Sims conduct a background check on Focareta's son, Mark, when he applied to join Plum police.
Mark Focareta, who had been a police officer in Wilkinsburg, was hired by Plum in 1998. He currently is a patrolman.
Sims testified that after he began the background investigation, Terry Focareta summoned him to the chief's home on a Saturday and asked, "Why are you trying to (expletive) me and my son?"
Sims said he replied that he was trying to do a complete background check on Mark Focareta.
"I am coming after you with both guns," the chief allegedly told Sims.
Focareta denied those assertions, saying he only summoned Sims because of concerns about the way the check was being conducted. Even though the background investigation already had been completed, Focareta said, Sims contacted an off-duty Wilkinsburg police officer, asking to speak with him "off-the-record."
"I was upset with the way he handled it," Focareta said.
Sims said Focareta's departure in January 2002 signaled the beginning of a new era in the Plum Police Department.
"It became a whole new atmosphere," Sims testified. "Guys would stop in the hallway and talk with each other."
Sims said morale has improved so dramatically that in April all but a handful of the officers went out to dinner and took in a ball game -- something he said would never have happened while Focareta was chief.
