They?ve been called drug dealers and corrupt police officers. But Wednesday, two members of the Baltimore Police Department?s former Southwestern District “Flex Squad” argued in Maryland?s highest court that those allegations are all just a pack of lies.
“We invited the city to put up or shut up,” Clarke Ahlers, the attorney for police officers Sgt. Robert L.D. Smith and Vicki Lynn Mengel, told the judges on the Maryland Court of Appeals. “We sued for defamation. … What?s incredible to me about this is: They don?t deny the facts of this. They basically say, ?We?re allowed to lie.? ”
In August, Baltimore City Police Department used a technical legal argument ? that applications for search warrants are immune from libel ? to win Smith and Mengel?s defamation suit without a hearing.
But the officers appealed the decision, which they say gives police carte blanche to make false statements on court documents and search anyone?s home based on lies.
Now, the Court of Appeals must decide whether a police officer is absolutely immune from libel claims in search warrants, even if he purposefully lies with malice in his heart. The ruling will affect every police department in the state of Maryland.
“What you?re asking for is absolute immunity for police officers to do anything?” asked Judge Lynne Battaglia.
“Oftentimes things that appear to be correct that are said in a warrant may turn out to be false later on,” argued Jordan Watts, assistant city solicitor.
Smith, Mengel ? and the rest of the Flex Squad ? were investigated by the police department after rape allegations against fellow squad member Jemini Jones surfaced. Jones has since been cleared of all rape charges.
Two police officers stated in a Dec. 29, 2005, document that they believed Smith was violating drug laws, and Mengel was planting drugs on citizens to make false arrests, but did not include evidence or specifics to support those claims.
Baltimore City Circuit Court Judge M. Brooke Murdock dismissed the $1.5 million defamation lawsuit last summer.
The suit claimed the officers were subject to “public ridicule, scorn, dishonor and embarrassment” because of false statements made by other officers investigating the squad that were released to the media.
Baltimore Police Sgt. Louis Hopson, who attended the hearing in support of Smith, whom he called a “good and honest” officer, worried about the ramifications of the decision.
“It?s very serious,” he said. “It?s not OK to lie in a search and seizure warrant. … This lying?s got to stop. They?re ruining good officers? careers.” Ahlers said he?s writing a letter to Baltimore Mayor Sheila Dixon to ask for Smith?s police powers to be reinstated.
The investigation into the Flex Squad is ongoing, police said.
