New police detective has troubling past

The River Reporter, August 22, 1996

By TOM RUE

MONTICELLO - Despite the fact that controversial Monticello police officer Gerard P. Dietz -- who was recently given a pay boost and new title -- is suing the very municipality which employs him, and is the target numerous suits alleging brutality and racism, several officials support moving him to the police detective division.

With the assignment comes a $1,000 raise, bringing Dietz' salary to $37,500.

The village is facing a $550,000 lawsuit stemming from Dietz' and others' roles in the beating of James Tomlinson, 31, who went to the police station in July 1995 to pick up his daughter's bicycle. After an investigation by district attorney Stephen Lungen, Dietz and others were suspended without pay for five weeks. The whole department later underwent a one-day "cultural diversity" training, chief Michael Brennan noted.

Lungen concluded that Tomlinson's beating resulted from a personality conflict with Dietz, and was not racially motivated. Tomlinson is African-American. Brennan said last week that since this incident, Dietz has "done a one-eighty" and has "paid his debt." Tomlinson's attorney, Harold Ramsay of Poughkeepsie, declined to comment on any of the suits involving Dietz while Tomlinson's case remains in litigation.

Dietz is being sued in several other cases alleging brutality during 1994 and 1995 -- by Doreen DeBole of Valley Stream, Rita Roland of Brooklyn, and Dudley Fuller of Woodstock. Other complaints naming Dietz have been filed by Daniel Ortiz, now at Marcy Correctional Facility; and Bandu Fassento.

Attorney John Dupee of Goshen said DeBole, "is white, but was in the company of a Hispanic gentleman" when Dietz allegedly assaulted, verbally abused and spit on her in May 1995. "My feeling, and my client's feeling, is that she was treated the way she was because they're an inter-racial couple," said Dupee.

The DeBole case is scheduled for trial in November, Dupee said.

While being investigated by the DA's office, facing possible criminal charges for assaulting Tomlinson, three of the officers retained private attorney Henri Shawn, despite being offered free representation by then village attorney Martin Miller in an August 15, 1996 letter wherein Miller told the police officers that he had no conflict of interest.

A lawsuit served in March 1996 named Dietz and two other officers as the sole plaintiffs, vs. the village as a corporation and several elected officials. The papers were prepared by lawyer Loran Shlevin, "attorney for plaintiffs."

However, refusing to come to the phone, Shlevin's only comment, as a receptionist held the receiver, was, "I don't represent Gerry Dietz." She would not elaborate.

Police chief Michael Brennan said Dietz is suing the village "under the auspices of the PBA" -- the Monticello Police Benevolent Association.

Dietz referred questions to PBA president John Riegler. "I guess it's still pending," he said. Riegler could not be reached for comment at the police station or at home.

Trustee Gary Sommers said Davidoff told the board his position was, "we would not be paying any of their costs. We felt, as a village, that we had no obligation." Mayor James Kenny declined to comment on any of the lawsuits. The job assignment "has been controversial and I did ask questions, but I feel very comfortable with it," Kenny said.

Trustee Michael Levinson disagreed: "I think it should have been brought to the attention of the board of trustees, because of the problems Dietz has had in the past, including lawsuits."

Village manager George Panchyshyn expressed confidence Dietz "learned his lesson very well," after the Tomlinson beating. "It reminds me of the time that I borrowed my old man's bulldozer and, on purpose, I ran it into a tree and poked about 30 holes into the radiator. I never did that again," said Panchyshyn.