Los Angeles Times

Trial begins for LAPD officer

The captain says he was unfairly passed over for promotions after going against Chief Beck’s wishes.

- By Kate Mather kate.mather@latimes.com Twitter: @katemather

The opposing attorneys used strikingly different words to describe Capt. Peter Whittingha­m’s career as they addressed jurors in a downtown L.A. courtroom Thursday.

Despite Whittingha­m’s work to reduce violence and improve the culture within the Los Angeles Police Department, his attorney said, the captain’s career “came to a grinding halt” after Charlie Beck became chief in 2009. Whittingha­m wasn’t promoted for five years, even as others who once worked for him rose through the ranks, his attorney said.

“He is where he is,” attorney Robert Stanford Brown said. “But not where he should be.”

Deputy City Atty. Jenna Galas disagreed, saying Whittingha­m was steadily promoted, working key assignment­s that complement­ed his skills. As a captain, she said, Whittingha­m ranks among the top of the department’s 10,000 officers.

“This is the type of level that most dream of,” she said.

The attorneys’ remarks marked the beginning of a civil trial, two years in the making, that is being watched inside and outside the LAPD. Several current and former high-ranking officers are expected to testify in the coming days, including Beck.

Whittingha­m, who joined the LAPD in 1988, sued the city in 2014, alleging retaliatio­n and discrimina­tion. The discrimina­tion claims have since been dropped.

On Thursday, Whittingha­m’s attorney told jurors that he was unfairly passed over for promotions after going against the chief’s wishes in a number of cases, including a 2012 disciplina­ry hearing.

Whittingha­m’s lawsuit contends that he and other command staff were told that when Beck sent officers to a three-person disciplina­ry panel — known as a board of rights hearing — the chief expected those officers to be fired.

But in August 2012, Whittingha­m served on one such hearing and voted to suspend an officer instead of fire him, according to the lawsuit. After that, Whittingha­m alleged, he was warned by Beck’s then-chief of staff that Beck considered a captain’s votes during those hearings when deciding on promotions.

Beck has drawn criticism in recent years over how he imposes discipline, which some say has been inconsiste­nt.

Whittingha­m, who heads the LAPD’s Criminal Gang Homicide Division, eventually received an upgrade in his position in June 2014 — after he filed his lawsuit, his attorney said. Brown described it as an “empty promotion” meant to “undercut” Whittingha­m’s case.

Galas, the deputy city attorney, told jurors that Whittingha­m was the best fit for the job and that the LAPD “has never shied away” from promoting him. She declined to comment further on the case outside of court.

Whittingha­m watched the proceeding­s from the second row of the small courtroom, scribbling notes in a yellow legal pad.

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