POSTED: 07/09/2014 01:18:06 PM MDT
A Denver police officer has appealed her firing after she allegedly struck a fellow officer with whom she had been having an affair while on duty and threatened to shoot herself with her own service gun.
Stephanie Southard, 26, was fired for sexual misconduct with fellow officer Nathan Sanchez in a patrol car while on duty as many as 30 times and for lying about it. Additionally, she was suspended for 15 days for an act of domestic violence and disorderly conduct.
Southard appealed her firing to the Denver Civil Service Commission. A hearing is scheduled to begin July 17. Sanchez resigned on April 9 while an investigation of his conduct was underway, said Daelene Mix, spokeswoman for the Denver Department of Safety.
Civil Service Hearing Officer Hazel E. Haley has ordered that Southard's hearing be closed to the public in part because the "salacious" nature of the case would trigger a "media circus."
But First Amendment attorney Steven D. Zansberg said he believes it would be illegal to close the hearing because such administrative meetings are presumptively open to the public.
"In large part, what the hearing officer has ruled is that the hearing should be closed for the very reason that this case has attracted media attention," Zansberg said.
Before such hearings can be closed Haley would have to cite a compelling governmental interest, he added.
Haley further explained in her written order that a public hearing would be harmful both to Southard and Sanchez' wife. She could not be reached for comment on Wednesday.
"There is more at stake here than (Southard's) career. There is more than an alleged volatile affair. There is petitioner's past and current mental state. There is the pain of Mrs. Sanchez," Haley wrote.
In an April 14 decision, the city fired Southard, saying she "used poor judgment when she began a relationship with Officer Sanchez. ... Her behavior became criminal in nature and alarming and concerning. She unholstered her gun and used it in a manner communicating to others that she was going to take her life."
Sanchez and Southard had sexual liaisons while on duty for about 1½ years before his wife discovered a text message between them. Sanchez called Southard the same day to end the relationship, which had already turned physical, according to a department disciplinary report.
Sanchez was on routine patrol in a marked squad car on June 20, 2013 when he saw Southard, who was also on duty, following him in her own marked cruiser.
The two officers pulled into a parking lot on the 4600 block of East Alameda Avenue, where Southard reached into Sanchez' car and struck him in the face. She later took her gun out of the holster, held the gun to her face and head as if she was going to shoot herself, the report said.
On Dec. 20, Southard pleaded guilty in Arapahoe County Court to harassment and domestic violence. She is serving an 18-month deferred judgment. Her judgment ordered her to relinquish all weapons and prohibited her from having a gun.
Kirk Mitchell: 303-954-1206, denverpost.com/coldcases or twitter.com/kirkmitchell
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