New trial ordered in BSO whistleblower case
Jeffrey Kogan says he was demoted after complaining about police dog unneccessarily being released on suspect
FORT LAUDERDALE, Fla. – A Broward County judge has ordered a new trial in a whistleblowers' case brought against Broward County Sheriff Scott 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.
BSO officials alleged that 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 March 12.
But a judge declared a mistrial Thursday because of juror misconduct.
"The court finds that Juror No. 3's nondisclosure of her son's prior arrests relevant and material to the jury service in the instant case, and that her nondisclosure was so substantial and important that if the facts were known, the defense may have been influenced to utilize a peremptory challenge or a challenge for cause," the judge's order read.
After winning his first trial, Kogan was awaiting his reinstatement as a detective and the BSO was responsible for Kogan's attorney's legal fees and costs, which was about $240,000.
Kogan will now have to fight for his job back for a second time.
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