Officer’s Suit Claims Testimony Damaged Career

CAPE MAY – It is yet another twist in the ongoing controversies that surround the Cape May Police Department. On July 20, Patrolman Douglas Henderson filed suit against the City of Cape May, Capt. Robert Sheehan, the County Prosecutor’s Office, County Prosecutor Robert Taylor, and First Assistant Prosecutor Robert Johnson, along with “John Does” one to 25.
The wide ranging suit claims Henderson, a major city witness in a 2016 administrative proceeding concerning firearms qualifications by Capt. Robert Sheehan, was subjected to career damaging actions as a result. The alleged violation occurred in 2009. At that point, Henderson was in charge of firearms qualification records.
Henderson’s complaint alleges that his testimony at that hearing, which was damaging to Sheehan, resulted in Henderson being subjected to harassment, losing opportunities for overtime pay and not being considered for promotions when they were available.
At heart in the filing is the fact that Henderson testified during the hearing that Sheehan, along with two then-retired command officers, failed to qualify with their firearms within the required time period specified by Attorney General Guidelines. 
Henderson also stated under oath that in 2010 he delivered to then chief of police Diane Sorantino a memo that stated, “Please be advised that the department has met the requirements for the qualifications for 2009 with the exception of Ptl. S.P.”
Henderson goes on to state that he did not make clear that three command officers, Sheehan, Sorantino herself, and Lt. Clarence Lear had not met the requirements of the Attorney General Guidelines because he feared for retaliation if he did so. In that testimony, he admitted to signing off on the memo even though he said he knew it was not complete.
What follows in his suit is a long list of incidents of what he described as harassment and loss of opportunity for promotion. He also says he was the subject of a subsequent criminal investigation.
Henderson notes that the state Attorney General removed the investigation from the Cape May County Prosecutor’s Office due to potential conflict of interest and placed it in the hands of the Gloucester County Prosecutor’s Office.
According to Henderson’s filing, he was notified in January 2017 that the results of that investigation found “criminal charges were not warranted.” Henderson’s filing did not speak to the issue of whether or not the Gloucester County Prosecutor’s findings addressed the fact that the memo he authored was not complete.
Henderson’s complaint states that the Cape May County Prosecutor’s Office issued a pre-Brady letter in April of 2016 followed by a full Brady letter in May 2017. An attempt by this reporter to access these letters through an Open Public Records Act (OPRA) request was denied by the city on the grounds of the ongoing litigation.
A Brady letter may be very detrimental to the career of a police officer. The court case Brady v. Maryland was a landmark Supreme Court case in 1963 that requires that prosecutors turn over exculpatory evidence in their possession to the defense in a criminal proceeding. A police officer’s credibility is fair game as Brady material.
Many prosecutors will not allow a police officer with a Brady letter on file to testify in criminal cases. The argument is that the earlier instance of untruth would have to be disclosed, and a defense attorney could use it to attack the credibility and testimony of the officer.
Many police departments consider an officer with a Brady letter compromised. Such an officer may be let go or placed on restricted duty.
A key element in Henderson’s case against the city and Prosecutor’s Office is his claim that the Brady letter is “bogus,” and he seeks to have it removed from his file.
Henderson also seeks a wide range of damages including compensatory damages, compensation for emotional distress, back pay, pension service credit, promotion and a number of other remedies.
The city has not yet answered this filing.
To contact Vince Conti, email vconti@cmcherald.com.