Beaumont Police Officer Who Had Sex With Prostitute Reinstated

[bullets13]

A Beaumont police officer indefinitely suspended for his role in an undercover prostitution sting will be returned to his job in as little as two weeks after an arbitrator ruled he should be reinstated.

Arbitrator Milden J. Fox, who released his 79-page report on Wednesday, said that officer Keith Breiner should be suspended without pay for 90 days, receive back pay going to back to November and be placed in a position comparable to the one he had.

However, Fox stipulated that it should not be "one in which he will be acting as an undercover officer in any prostitution-related operation."

Breiner said Wednesday he hadn't had a chance to read the decision. He learned about the overall decision from attorney Mitch Adams, who represented him through the Combined Law Enforcement Association of Texas.

"I'm happy that it went in my direction," Breiner said. "I'm ecstatic that I am going back to work."

Breiner was required to notify the city within two weeks of his intent to return, and the city would have two weeks to reinstate him, according to the arbitrator's ruling.

Breiner said Adams notified the city of his intent to return and he said he would follow up today.

The Enterprise tried to contact City Manager Kyle Hayes, but an administrative aide in his office said that he was out of the office. Messages were left at his office and on his cell phone.

The Enterprise had no after-hours number for the police Chief Frank Coffin and could not reach him through other means.

Coffin testified that Breiner's behavior cast the department in a negative light and that he used poor judgment.

A message requesting comment was left on Mayor Becky Ames' cell phone.

Breiner was not the only one disciplined as a result of the sting.

Lt. David Kiker, who joined the sting after being asked several times, also received an indefinite suspension for engaging in sex acts during the investigation.

Sgt. Robert Roberts and Lt. Curtis Breaux each received a five-day suspension for failing to properly supervise the undercover operation.

Breaux, who then was the supervisor of the narcotics unit, did not handle the day-to-day operations of the investigation.

Fox made reference to the varying degrees of discipline meted out.

"It is known that Lt. Breaux recanted his (internal affairs division) affidavit position to the chief and eventually received his discipline," Fox wrote. "There is indication from (Coffin's) testimony that had (Breiner) recanted his (internal affairs division) affidavit position, his discipline could have been different.

"It is not known for certain why the other three officers received the discipline stated above. Simply put, there was discrimination between the actions the Chief took among the officers."

Roberts appealed his discipline; Breaux did not.

Officers Randall Moss and Scott Apple each received a letter of reprimand for their roles, which isn't considered a form of discipline under the collective bargaining agreement between the police union and the city.

Kiker, who was also suspended indefinitely, had been scheduled to have his case heard before arbitrator Raymond L. Britton. That hearing was postponed pending the outcome of Breiner's case.

There is no word yet on whether Kiker or Roberts will still face an arbitrator.

The investigation of possible prostitution at two Beaumont spas began in late April 2008 after the police department received anonymous information.

In the initial stages of the investigation, Officer Bryan Baker entered the establishment where a woman allegedly told him to disrobe and began hinting at engaging in sex acts that would cost an extra $100.

But the woman recognized boots he was wearing as those worn by officers, according to Fox's report.

Later, detective Randall Moss visited the VIP Spa for a massage.

Once there, a woman allegedly lifted her miniskirt, revealing that she wasn't wearing any panties. Several times she tried to climb on the officer, who eventually left, according to Fox's report.

When Breiner and Kiker were brought into the undercover investigation, they received manual stimulation, vaginal sex and oral sex on several trips to the spas from mid-April to early May, according to testimony.

Both Breiner and Kiker testified that they engaged in sex acts because they were told by the supervising officer Breaux that that was required to pursue a felony prostitution case that could lead to a human trafficking case.

Breaux denied in court testimony he told them that they had to have sex. But he said the two officers would have to do more than a normal prostitution sting to bring charges.

Officers Apple and Moss, both assigned to the Narcotics and Vice Unit, which handles undercover cases involving prostitution, testified they had refused to participate in additional activities that Breaux said would be necessary beyond a normal prostitution sting.

After the May raids, police arrested Su Jun Han, 45, and Li Zhao, 51.

Zhao was charged with misdemeanor prostitution and had yet to appear in court to face those charges, according to a December Enterprise report.

Han was arrested in Houston in October on a prostitution charge, a Houston police spokeswoman said Wednesday.

She had made a $5,000 bond which she has forfeited, according a Feb. 25 Enterprise report.

[Guest DickVitale]

If you dont want comments, just delete the thread!! :

[Guest DickVitale]

Do YOU think that it was a good move to re-insate this police officer, mr deletion guy?

[Bobcat1]

I am reading this right...An officer had sex with a prostitue? To get more proof?

[Lazeek]

Heck ya!!!  Give me that job......well if it were not for my wife and kid!!!!:)

[Guest DickVitale]

YES, and he gets to KEEP HIS JOB AS A COP!!!! AMAZING!!! Good ole boy system at its best! Headed to the rally in Silsbee....Time for MORE change!!! 8)

[Lazeek]

That is why the world is the way it is today..............simply because people think the way that you do.

[BLUEDOVE3]

That is why the world is the way it is today..............simply because people think the way that you do.

Well, QX does make a good point.

[tvc184]

YES, and he gets to KEEP HIS JOB AS A COP!!!! AMAZING!!! Good ole boy system at its best! Headed to the rally in Silsbee....Time for MORE change!!! 8)

Actually the Good Ol' Boy system did not work in his favor. Go back and try reading it this time.

The chief fired the officer. How much of a Good Ol' Boy system is that? An outside arbitrator was called in on appeal and heard the testimony of the incident. When it was discovered that his superior officers know of the sting and approved it, he was reinstated by the outside arbitrator, not the Good Ol' Boy chief.

To put it more bluntly, the officer got his day in court and won.

[westend1]

Doesn't sound too good, but, an independent arbitrator heard the evidence and thought he had been punished enough.  That's as good as you can expect in this situation.   

[Guest DickVitale]

Test 1,2,3..Is this mic on?  :....Why was my comment deleted? New Black Panthers have rights too!! 8)

[stang4life]

I have a feeling that everyone knew what was going on, especially the higher ups.  While I guess that I would be happy with the outcome of my day in court, I would think that he has to be on his best behaviors, because I wouldn't put it past the powers-that-be to scrutinize everything that he does looking for a reason to fire him.  This probably doesn't sit well with them.  As far as the good ole' boy system...we'll never know because the CYA system was priority.  Outside arbitrators or investigations are usually a good thing.

[tvc184]

I have a feeling that everyone knew what was going on, especially the higher ups.  While I guess that I would be happy with the outcome of my day in court, I would think that he has to be on his best behaviors, because I wouldn't put it past the powers-that-be to scrutinize everything that he does looking for a reason to fire him.  This probably doesn't sit well with them.  As far as the good ole' boy system...we'll never know because the CYA system was priority.  Outside arbitrators or investigations are usually a good thing.

Actually I think they would have a harder time firing him now. Once he beats them in an arbitration hearing, it will look like retaliation on their part. That is the good thing about Civil Service and a contract. The department has to be able to back up a firing in front of an outside arbitrator. They can fire him again if they wish but they lost this bid to get rid of him for what appears to be a pretty severe accusation. If they can't fire him for having sex with a prostitute, what will it take to uphold it in front of an arbitrator?

Now if he starts routinely showing up for work late, gets a lot of complaints for physical abuse, fails to turn in paperwork in a timely manner, etc., then he will make it easy on them and he will lose the next round. All that he has to do is show up and keep his nose clean and he will be almost untouchable.

[stang4life]

I have a feeling that everyone knew what was going on, especially the higher ups.  While I guess that I would be happy with the outcome of my day in court, I would think that he has to be on his best behaviors, because I wouldn't put it past the powers-that-be to scrutinize everything that he does looking for a reason to fire him.  This probably doesn't sit well with them.  As far as the good ole' boy system...we'll never know because the CYA system was priority.  Outside arbitrators or investigations are usually a good thing.

Actually I think they would have a harder time firing him now. Once he beats them in an arbitration hearing, it will look like retaliation on their part. That is the good thing about Civil Service and a contract. The department has to be able to back up a firing in front of an outside arbitrator. They can fire him again if they wish but they lost this bid to get rid of him for what appears to be a pretty severe accusation. If they can't fire him for having sex with a prostitute, what will it take to uphold it in front of an arbitrator?

Now if he starts routinely showing up for work late, gets a lot of complaints for physical abuse, fails to turn in paperwork in a timely manner, etc., then he will make it easy on them and he will lose the next round. All that he has to do is show up and keep his nose clean and he will be almost untouchable.

That was pretty much my point...he will have to cross his t's and dot his i's because I'm sure that someone will be dissecting his actions, paperwork, etc.  Of course they can't just retaliate or even look like they are retaliating... but, where there is a will, there is a way.

[Guest DickVitale]

Nothing makes a corrupt cop's day more bright......than waking up WHITE!!  :

-Chris Rock

Which means that he can have sex with prostitutes, admit it, NOT go to jail, AND keep his job....I am going get some bleaching cream TONIGHT! 8)

[tvc184]

Nothing makes a corrupt cop's day more bright......than waking up WHITE!!  :

-Chris Rock

Which means that he can have sex with prostitutes, admit it, NOT go to jail, AND keep his job....I am going get some bleaching cream TONIGHT! 8)

And get 7 months back pay.

[Guest DickVitale]

I told you, I need to get a hold of this being white thing!! There are benefits beyond belief!  :

[Gtj007]

Hey Dick, what does any of this have to do with RACE or being WHITE?

[Guest DickVitale]

Let me ask you a serious question? If this officer were black, do you HONESTLY think that they would have given him his job back? You dont have to answer, because this is strictly based on opinions...In my opinion, it would be a TOTALLY different outcome...Totally.

[tvc184]

Hey Dick, what does any of this have to do with RACE or being WHITE?

A chance to keep stirring the pot. Keep it stirring, it makes for an interesting evening.

[tvc184]

Let me ask you a serious question? If this officer were black, do you HONESTLY think that they would have given him his job back? You dont have to answer, because this is strictly based on opinions...In my opinion, it would be a TOTALLY different outcome...Totally.

Do you know who the outside arbitrator was? Was he white, black, Asian?

Remember, the white police chief fired the officer white office (Oops.. forgot that little fact did we?). The police department didn't give him his job back. He won it in a hearing from an outside person.

[BLUEDOVE3]

Hey Dick, what does any of this have to do with RACE or being WHITE?

A chance to keep stirring the pot. Keep it stirring, it makes for an interesting evening.

And most of you are in denial about the truth. Question, are udercover cops allowed to take drugs

on the job?

[tvc184]

Hey Dick, what does any of this have to do with RACE or being WHITE?

A chance to keep stirring the pot. Keep it stirring, it makes for an interesting evening.

And most of you are in denial about the truth. Question, are udercover cops allowed to take drugs

on the job?

Denial is an easy accusation as anyone can say it to anyone else and have the same meaning.... which means that they have no other argument of facts.

I have never heard where they can take dope while on duty but they can possess it, sell it or buy it. If you have evidence of an officer taking drugs, I suggest that you turn it in to internal affairs, the DA or another agency.

[stang4life]

Hey Dick, what does any of this have to do with RACE or being WHITE?

A chance to keep stirring the pot. Keep it stirring, it makes for an interesting evening.

And most of you are in denial about the truth. Question, are udercover cops allowed to take drugs

on the job?

I remember a "former undercover cop" who was in a drug treatment program because he had become addicted to crack (if I'm not mistaken).  He said that he was basically cut off when they found out that he was having addiction issues.  Don't get me wrong, I know that there are boundaries, but this guy was telling how in order for the sellers to believe that he was good and not a cop, he had to prove it by trying the drugs and then, I guess, things went downhill for him from there.  It's really a no-win situation, except for the law enforcement agencies who get convictions for these dealers.

[tvc184]

Yes, there are former officers that have or have had problems. That is why they are former officers. I have known officers to lose their careers over substance abuse but never with crack.