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Former officer says retaliation claim not valid

February 12, 2003
(Page 2 of 2)

before the jury Tuesday, Halverson testified he threatened to have

Franke arrested in August for being in possession of other officers'

reports.

"If it's determined that constituted a criminal act, I will file

charges," he said in the deposition.

Under cross-examination by Irma Rodriguez Moisa, an attorney for

the city, Halverson said the poor performance evaluations were the

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result of poor techniques in the field and a lack of initiative. On

two occasions between June and November 2000, Franke shook with fear

and made poor decisions while responding to "man-with-a-gun" calls,

he said.

On one occasion, he said he observed Franke with her finger on the

trigger of her gun -- something officers are specifically told not to

do unless pointing the weapon at a dangerous suspect -- while

approaching a suspect without proper cover.

"Had there been a man there with a gun determined to do harm to

them, they were an easy mark," he said of Franke and the two officers

who were with her on the call.

Halverson also said Franke rarely pursued arrests other than for

minor traffic violations. Although she was assigned to an area with a

lot of drug activity, he said to his knowledge, Franke never made a

narcotics-related arrest. He also listed several officers he claimed

had complained to him about Franke's work in the field, including

Kerner.

Testimony is expected to continue today in the case.

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