Officer verbally reprimanded after man `humiliated' in custody
The disciplinary hearing for a Windsor police officer who allegedly “sexually demeaned” a male prisoner came to an abrupt halt Thursday after a behind-thescenes deal that saw her receive a verbal reprimand.
Sgt. Kathleen Henry also had to acknowledge that her treatment of Jonathan Perry, who complained about being “humiliated” after spending hours in custody with his genitals exposed through a torn jumpsuit, constitutes discreditable conduct.
Following a four-day public hearing — forced by an oversight agency after Windsor police ruled the complaint was not legitimate — the agreement, reprimand and acknowledgment of misconduct were all done behind closed doors.
But the Star has learned some of the details.
“Without civilian oversight of the police, my story would still be unsubstantiated,” Perry, who did not attend the hearing, said in a written statement.
“I hope that the Windsor police seriously considers a move towards body cameras for its officers.”
Perry was arrested March 15, 2019, for assault causing bodily harm after a confrontation with his father over money. Henry questioned him in an interview room at Windsor police headquarters the next day. The assault charge was withdrawn because Perry's father didn't want to continue with it.
Windsor police Chief Pam Mizuno initially ruled the complaint was unfounded after an investigation from the service's professional standards branch. But the Office of the Independent Police Review Director, a civilian oversight agency, overturned that decision and ordered police to issue a notice of hearing.
“It appears that the matter was taken seriously after the OIPRD directed that a hearing be conducted,” said Geoff Perry, Jonathan's father.
The hearing began Monday at city hall and ended Thursday with the surprise resolution.
“We were advised early on that a demotion or dismissal of Sgt. Henry was not on the table,” said Geoff Perry.
Mizuno told the Star Thursday that Windsor police “typically do not comment on any formal resolution process.”
“This came to a resolution which was agreed to by all and was done according to the provisions of the Police Services Act,” she said.
“I should add OIPRD certified and approved of the resolution.”
The start of proceedings was delayed a couple of hours Thursday as participants awaited the OIPRD'S approval of the agreement.
Prosecutor David Amyot said in the dying moments of the hearing that after the OIPRD approved the resolution, he was formally withdrawing the misconduct charge. He said the issue would be dealt with through an “informal disciplinary process.” No mention of the negotiations, Henry's admission of misconduct or disciplinary action were mentioned in the public hearing.
Amyot declined comment following the hearing.
Henry said “no comment” as she was leaving city hall on Thursday.
Her lawyer, Roland Schwalm, also wouldn't discuss the outcome except to say Windsor police were handling the discipline internally and Henry has been “sanctioned.” He also said Henry was never suspended over the incident and will be back to work on Monday.
Mayor Drew Dilkens, chair of the Windsor Police Services Board, declined comment as well.
“We would never comment on an ongoing legal proceeding,” chief of staff Andrew Teliszewsky said on behalf of the mayor. “Given the nature of the hearing, we would defer this to the prosecutor.”
OIPRD also wouldn't comment. “Due to the confidentiality provision in the Police Services Act, the Director cannot provide any information related to a complaint, including any agreement between the complainant and the subject officer,” the OIPRD said in an email.
Perry filed his complaint in October 2019, nine months after the incident. Despite surveillance video from headquarters showing Perry with his genitals exposed at several different times, including during the interrogation, Wind
We were advised early on that a demotion or dismissal of Sgt. Henry was not on the table
sor police investigators determined there was no evidence to support the allegations.
Perry appealed the decision to the OIPRD, insisting he asked repeatedly for a new suit.
Several videos were played at the hearing showing Perry wearing the ripped jumpsuit, though the audio didn't work on some of them.
“I still find it strange that some of the audio went missing, but thankfully there was enough video evidence preserved which could back up my story,” he said.
Henry can be heard on video telling Perry he's “got a big hole there” and she could “see everything.” She then proceeds to question him without offering him anything to cover up.
Perry said he spent hours wearing the torn suit as he was escorted through parts of police headquarters, passing by and interacting with several officers, and eventually interrogated.
Perry's lawyer, Antoine D'ailly, said the family has not ruled out a lawsuit.
“My clients are evaluating their options and will proceed accordingly,” he said.