Posted on: Monday, January 14, 2002
Ex-Maui officer entitled to new trial
By Curtis Lum
Advertiser Staff Writer
A former police officer is entitled to a new trial on her sexual harassment and racial discrimination allegations against Maui County.
In 1999, a federal jury cleared the county of a lawsuit filed by Bonnie Burke asserting that the Maui Police Department created and maintained a hostile working environment for women officers, but the U.S. 9th Circuit Court of Appeals has thrown out the jury's verdict.
Burke contended she was sexually harassed by former Maui Deputy Police Chief Lanny Tihada and the department retaliated against her because of her complaints. Tihada has denied the charge.
Burke, who joined the Maui police force in 1991and left in 1997 on a stress disability, lives in California and is not employed, her attorney Michael Nauyokas said.
Burke sued the county for damages, but the jury found that Burke had not proved that she had suffered unwelcome sexual advances or racial discrimination.
The jury's verdict was appealed on the grounds that the testimony of another officer, Jamie Becraft, should not have been allowed. Becraft testified that Burke had told him and another officer of her sexual acts and fantasies.
Nauyokas objected, arguing that the law prohibits a plaintiff's sexual history from being introduced at trial. But his request for a mistrial was rejected by federal Judge Susan Oki Mollway.
In its ruling last week, the appeals court agreed with Burke and said Mollway should not have allowed Becraft's "highly prejudicial" testimony. The court threw out the jury's verdict and ordered a new trial.
"We're very pleased, and we think it's the right ruling," Nauyokas said.
He said he has not decided whether to attempt to negotiate a settlement with the county or go to trial.
"We're always interested in talking about settlement, but we talked about settlement before the last trial and were unsuccessful," he said.
Four other officers who filed similar complaints against the county have settled their cases.
