A panel of three officers, operating under a state law formerly called the Law Enforcement Officers’ Bill of Rights, voted 2 to 1 to reinstate Hanley to the Providence Police Department, giving him a 45-day suspension for excessive use of force, rather than firing him as the police chief had sought.
Mayor Brett Smiley’s administration appealed the decision to Superior Court. Stern granted the city a stay pending the final outcome of the appeal. He said the city had a “strong showing” that it would prevail in the appeal.
If Providence wins the appeal, Hanley will not be immediately fired; the case will revert back to the LEOBOR panel for a new hearing.
State law allows police officers to demand a hearing when they are issued certain punishments, leaving the decision up to the panel. The law was amended last year to include more civilians on the hearing committee, but Hanley’s case was heard under the old law.
If Stern overturns the LEOBOR panel’s decision, it will be based on a legal technicality: Hanley was not on the witness list for the LEOBOR hearing, as required by law, but testified anyway.
In that testimony, Hanley revealed a new piece of evidence that had not come up in his two criminal trials in this case: that police department leaders had offered him a 45-day suspension back when the assault first occurred.
That recommended punishment only changed to termination, Hanley claimed, after the murder of George Floyd by police officers in Minnesota, which prompted nationwide protests against police brutality.
That alleged offer of 45 days factored into the panel’s decision to reinstate Hanley.
Cranston Police Major Todd Patalano and retired Sergeant Robert Boehm voted to reinstate Hanley, while Providence Commander Timothy O’Hara dissented.
In his dissent, O’Hara called Hanley “a man prone to volatility, a man prone to violence, a man prone to vulgarity, a man prone to untruthfulness, and a man accustomed to lying.”
Colonel Oscar Perez, the Providence police chief since 2023, said outside court Wednesday he agrees with O’Hara’s description of Hanley.
“When you take an oath to protect and serve in a multicultural community, it comes with certain responsibilities,” Perez said, adding that the culture of the department under his tenure has focused on “professionalism, integrity, and ethics.”
Michael Colucci, Hanley’s attorney, said he was “disappointed” in the judge’s decision. He said Hanley, who is eligible for retirement, intends to continue fighting the case to get back on the police force.
“He would like to get reinstated and finish his career as a policeman,” Colucci said.
In court, Colucci argued other officers have received suspensions for similar crimes, rather than being fired.
“This department has improved a lot,” said Perez, who has been on the force for 32 years. “I can’t compare myself to a chief in 1994.”
“I consider myself to be fair and objective,” Perez continued. “I don’t make decisions based on popularity, but on what’s right.”