Inspector tells hearing man treated with dignity
A Windsor police investigator stuck to her guns Tuesday when asked if she still believes a fellow female officer did nothing wrong by interrogating a man whose genitals were hanging out of a torn jumpsuit.
Staff Sgt. Jennifer Crosby, with the Windsor police professional standards branch, did the initial investigation into complaints against Sgt. Kathleen Henry.
Crosby determined the complaint was unsubstantiated. The Office of the Independent Police Review Director overturned that decision.
“I stand by my decision that her conduct, in my opinion, doesn't reach the reasonable grounds to be misconduct,” Crosby said Tuesday under questioning from Henry's lawyer. “The OIPRD has a different opinion.”
Henry is charged with misconduct after allegedly “humiliating” Jonathan Perry, who had been arrested for assault causing bodily harm. Henry has pleaded not guilty.
Perry was arrested on March 15, 2019, after a confrontation with his father. The charge was eventually withdrawn because Perry's father didn't want to continue with it.
Months after the arrest, Perry filed a complaint with the Office of the Independent Police Review Director , an independent civilian oversight agency. He wrote in the complaint that he felt sexually demeaned and was denied “human compassion” after spending hours with his genitals exposed while being escorted through parts of police headquarters and even interrogated.
Video played Monday and Tuesday during a disciplinary hearing repeatedly showed Perry with a large tear in the blue jumpsuit he was given when police took his shorts. The video was shielded from the public gallery, but Crosby was asked to describe what was happening.
The interview with Henry happened on March 16, 2019.
“I don't want to embarrass you,” Henry told the prisoner before questioning him. “Just to let you know, I can see everything.”
During questioning from Perry's lawyer, Antoine d'ailly, Crosby acknowledged it was clear the suit was torn before the interview.
“His suit is all opened up,” a special constable told Henry, according to the video. “He blew out his blue suit. He's got no underwear on. He's all exposed.”
Henry's lawyer, Roland Schwalm, later put it to Crosby that there was no “explicit” denial of another suit to cover up. She agreed. Schwalm also asked if Henry can be heard on video specifically mentioning genitalia.
“The only word she says is `everything,' ” Crosby responded.
He also asked Crosby if Perry can be heard asking for “human compassion.”
“No,” Crosby answered. Prosecutor David Amyot later asked Crosby if it was unusual or worth noting that a prisoner was questioned while his genitals were exposed. She answered “yes.”
Despite agreeing Perry tried to cover up because he was likely embarrassed, and no effort was made to get him a new suit, Crosby said she believes he was treated with dignity.
“In this case I concluded the actions taken by Det. Henry prior to, and in that interview room, were done in an attempt to maintain his dignity,” she said.