Uploaded by kmbctv on Jan 17, 2008
A retired Circuit Court judge issued an opinion Thursday recommending that a police officer fired after a controversial traffic stop should get her job back with back pay and allowances.
Judge William Mauer released his report in the case of Officer Melody Spencer.
Spencer and Officer Kevin Schnell were terminated last year for not calling an ambulance for a pregnant woman during a traffic stop in February 2006.
Sofia Salva was pulled over on suspicion of having a temporary tag in the back window of the car she was driving.
Salva told police she was three months pregnant and bleeding and that she wanted to go to a hospital, but only after allegedly lying to officers and refusing to provide personal identification, police said.
When Salva said she was bleeding, Spencer's response is heard on police dashcam video.
"Don't cop an attitude with me. It's called a menstrual cycle," Spencer said on the tape.
Schnell and Spencer said Salva had multiple outstanding warrants and that the officers saw Salva place a fake license tag on her vehicle.
Citing a lack of evidence, the officers didn't call an ambulance.
Salva was taken to jail, and 10 hours later, she prematurely delivered a baby boy who then died.
Both officers claimed they didn't know they were not allowed any discretion when an suspect requested medical help.
Mauer's opinion stated that the police department's policy wasn't made clear prior to the traffic stop.
Mauer called Spencer's actions on the tape appropriate and professional, and the judge said Salva was noncooperative and violated the law.
The police department is not bound by the judge's opinion, but the issue will likely go back to the Board of Police Commissioners.
Mauer is expected to issue an opinion in Schnell's case next week.
The former officers have both filed civil lawsuits against the police department for wrongful termination.
Salva is suing the department for the loss of her baby.
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