BROWARD COUNTY, Fla. – Attorneys for Broward County Sheriff Scott Israel have filed a motion alleging juror misconduct. They are now asking for a mistrial in a successful whistleblowers' case brought against Israel by Jeffrey Kogan.
Kogan's demotion from homicide detective to road deputy was authorized by Israel after Kogan complained to a supervisor and prosecutor that he believed Fort Lauderdale police officers unnecessarily released a police dog on a homicide suspect.
Broward Sheriff's Office officials alleged Kogan broke the chain of command and other rules by going to the prosecutor, but Kogan said he was being punished simply for his attempt to do the right thing.
A jury found in Kogan's favor on March 12.
"It was our position, and the jury agreed, that Kogan was moved from homicide for speaking out against suspected misconduct by a fellow police officer," said Tonja Haddad, Kogan's attorney. "Deputy Kogan reported a Fort Lauderdale police officer. He didn't keep it in house. He took it outside. He told the agency that could investigate and prosecute if necessary. So it was out there in the public domain. It wasn't something they could keep behind the blue wall and sweep under the rug."
The BSO argued that in a motion filed last week, BSO's outside attorney, David Ferguson, alleged that juror Yvette Smith failed to disclose that a son of hers had been arrested for a DUI by Pembroke Pines police in 2007. In asking to throw out a jury trial that found in favor of Kogan earlier this month, Ferguson wrote that the omission is relevant to the case "because it may tie or relate to a negative experience with BSO or law enforcement in general."
But Haddad said the omission isn't relevant to the outcome of the trial, noting that two of the jurors were admitted to the jury after admitting that they had at a close relative who had been arrested.
Haddad said the motion has raised questions about the BSO's investigation of jurors. She requested that the BSO produce records related to its probe of jurors involving which databases they had used in the probe, including NCIC and DAVID, which are legally permitted to be used only in criminal cases.
"It's possible that perhaps some of these jurors were run through databases where [BSO] may have exceeded the permissible use," Haddad said. "I hope when I get my public records request I'm wrong. I don't want to accuse anyone of doing anything improper, but our public records searches have not come up with what they've come up with."
After winning at trial, Kogan is now awaiting being reinstated as a detective and the BSO is responsible for Haddad's legal fees and costs, which is about $240,000 at this point.
A public records request for the BSO's legal costs and fees in the case sent to the BSO last Thursday has yet to be answered by the agency, but those fees and costs are expected to be as much as Haddad's or more, which could bring the total to $500,000. Yet the case to-date involves only about $20,000 in back pay that Kogan lost when his pay was cut with the demotion, along with his reinstatement back to detective job status.
"Sadly, the only people who stand to make any money out of this ridiculous case are me and BSO's lawyers," Haddad said. "This case was never about making money. It was about clearing (Kogan's) name, sticking up for himself and everyone else who does what he or she thinks is the right thing and is wronged."
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