Deliberations begin in ex-officer's trial

By David Waite
Advertiser Courts Writer

A former Maui police officer was the object of racial- and gender-based slurs and was sexually assaulted at least three times during her six years with the department, her lawyer told a federal court jury yesterday.

Shaun Luiz urged the jury to disregard defense claims that the former officer, Bonnie Burke, consented to having sex with former Maui Deputy Police Chief Lanny Tihada.

Luiz told the jury that the county knew of Tihada's problems with alcohol and inappropriate sexual behavior but did nothing to address those problems.

But Richard Rand, the attorney for Tihada and Maui County, told the jury during his closing argument that Maui police officials went out of their way to accommodate Burke's special needs after she began suffering from a blood disorder.

He said many of the same officers whom she accused of racial and sexual harassment donated their own leave time to help Burke during her prolonged illness.

Tihada's sexual encounters with Burke were consensual, Rand said.

The jury began deliberations in the civil case yesterday afternoon.

The trial is the second for Burke's lawsuit.

In May 1999, a federal jury rejected Burke's contention that she had suffered discrimination because she was a woman and Caucasian. But the 9th U.S. Circuit Court of Appeals later ruled that "highly prejudicial" testimony about Burke's sexual history should not have been introduced at trial, and ordered the new trial, which lasted about three weeks.

Burke was one of five female police officers to file such complaints. Four reached settlements with the county but Burke rejected a proposed settlement.