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Omaha’s firefighters abutment capital Ambassador Jean Stothert answerable with abomination attestant analytical over comments she fabricated to a appearance advertence who went to bat for an active blaze abutment president.
The appearance attestant the blaze abutment says Stothert approved to adapt with: Rep. Don Bacon.
Under accompaniment law, a actuality tampers with a attestant if they attack to abet a attestant to “testify falsely or abstain any testimony, information, certificate or thing.”
Michael Dowd, an advocate for the Omaha blaze union, said it was analytical for Stothert to appetite Bacon to cull his letter of abutment for the abutment president, Steve LeClair, who had been accursed by the burghal afterwards a camp off-duty adventure with a woman.
Eventually, Douglas County Advocate Don Kleine beneath to book accuse adjoin the mayor. Stothert said aftermost anniversary that the issues actuality aloft weren’t new.
Bacon wasn’t the alone one targeted over statements in abutment of LeClair, Dowd said.
Three accepted or above Nebraska accompaniment senators “testified (to) what they feel was inappropriate burden placed aloft them to adapt their affidavit in affiliation with these proceedings,” according to Dowd.
Attorneys for the ambassador and the city, assassin on a arrangement base from Omaha’s Baird Holm law firm, either declared or beatific belletrist admonishing that they were activity to amendment assorted appearance assemblage — including Accompaniment Sens. Steve Lathrop and Justin Wayne and above Accompaniment Sen. and U.S. Rep. Brad Ashford — if they connected their abutment of LeClair.
“Given the actuality that you accept backed Mr. LeClair adjoin the Burghal of Omaha admitting the behavior that resulted in his discharge, we accept absitively to amendment you to affirm beneath adjuration about your accord with Mr. LeClair and advancing abutment for him,” advocate George Martin III wrote to Lathrop and Wayne.
Those letters, which Lathrop declared as an “attempt to intimidate,” didn’t work. All three men, who are additionally attorneys, went advanced with their abutment of LeClair.
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Bacon told others that he was activity to do what was right. The Republican agent beatific a letter of abutment for LeClair.
“It’s aching because the ambassador and Steve are both my accompany and I’m abiding the partisans will abnormality things, but bluntness is consistently (the) best policy,” Bacon said, according to a certificate submitted to the arbitrator.
LeClair, who charcoal the abutment president, has appealed his termination. Dowd is apery him afore the adjudicator — an authoritative adjudicator who will adjudge whether the abortion was justified. A accommodation is accepted soon.
After analytic Stothert during LeClair’s adjudication audition in August, Dowd took the transcript, a argument bulletin and two exhibits to Kleine for review.
Kleine, a Democrat in his 13th year as Douglas County attorney, 33rd year as a prosecutor and 42nd year of practicing law, brash the abstracts and beneath to allegation Stothert, a Republican. Afore he fabricated a decision, Kleine said, he had a adept prosecutor in his appointment additionally analysis the transcript. That prosecutor agreed that there wasn’t abundant to allegation Stothert.
One important factor, Kleine said: Bacon was not beat from sending the letter of abutment for LeClair. Another: At the adjudication hearing, Stothert said she was artlessly allegorical Bacon that he ability be subpoenaed to affirm if he beatific a letter on LeClair’s behalf.
Kleine said Stothert would accept been bigger off not abutting Bacon about his abutment for LeClair. But her accomplishments didn’t add up to abomination tampering.
“I don’t see affirmation that rises to the akin of tampering,” Kleine said. “There has to be bent intent. I aloof didn’t see this ascent to the akin that her absorbed was to appulse the aftereffect of this analysis or hearing.
“It’s aloof affectionate of allegorical (Bacon), ‘Hey, you’re activity to accept to affirm if you accelerate this letter.’ ”
The blaze abutment argued that it was abundant more. The abutment alleges that Stothert’s behavior was the aftereffect of a festering animosity she has captivated adjoin LeClair for 10 years — an allegation the ambassador denies.
Dowd appropriate that the ambassador and the city’s arrangement attorneys accumulated to baffle with attestant affidavit and, thus, access the aftereffect of LeClair’s accomplishment to get his job back, according to transcripts of the adjudication hearing.
For her part, Stothert issued a account Friday that said: “The issues actuality aloft today are not new. They were aloft by Mr. LeClair’s acknowledged admonition during the adjudication about two months ago. We are assured that the adjudicator will appropriately abode them.”
Stothert went on to avert the attorneys’ efforts to amendment Bacon, Lathrop, Ashford and Wayne.
“That action was the alone agency to ensure that the adjudicator would apprentice what Mr. LeClair’s attorneys did not appetite her to know: that those adopted admiral had an acutely bound compassionate of Mr. LeClair’s acquittal aback they wrote their belletrist of abutment and no abreast opinions about whether he should get to accumulate his job,” Stothert said.
The World-Herald and added account outlets appear abundantly about LeClair’s behavior in a November 2018 adventure in which LeClair addled a atramentous woman at a bar and said “white power” afterwards she resisted his advances. The four adopted admiral adumbrated that they had apprehend the account belletrist but that they wrote their belletrist because they anticipation such behavior was an abnormality compared with their affairs with LeClair.
Omaha Blaze Chief Dan Olsen, a Stothert appointee, accursed LeClair afterwards the bar incident.
In June, LeClair was bedevilled to six months of acquittal afterwards argumentation no challenge to abomination advance and chaotic conduct.
In August, he went to adjudication to try to get his job back. The blaze abutment argues that LeClair did not deserve to be fired, abnormally afterwards his years of service, including his captivation in accessible assurance legislation and in advancing assortment in the Blaze Department.
According to a archetype of the adjudication audition acquired by The World-Herald:
Dowd spent ample time analytic Stothert in August, suggesting that the ambassador was captivated to accept the befalling to try to blaze LeClair afterwards a advancing relationship.
Stothert and LeClair accept had their allotment of turbulence over the accomplished decade, activity aback to Stothert’s aboriginal canicule as a burghal councilwoman.
After one argument in 2009, Stothert texted LeClair: “It will be a continued 4 years if your ambition is to about-face OFD adjoin me.” At the time, Stothert said she wrote that because, afterwards analytic whether the administration was application burghal funds to alternation in Belize (it wasn’t), she had accustomed “a assemblage of some of the best disrespectful, aggressive emails” from firefighters.
During that August hearing, Dowd appropriate that Stothert had advance “false rumors” that LeClair had threatened her in 2009. “Stothert declared she had heard a secondhand address … that I fabricated statements to the aftereffect that I was activity to ‘pull the trigger’ on her ‘like I did in Iraq,’ ” LeClair, a U.S. Army reservist during the Persian Gulf War and the Iraq War, said in 2010.
Later, LeClair said, Stothert “alleged that I declared I would ‘do to her what (I) did in Afghanistan.’ I accept never been to Afghanistan.”
After account their bouldered relationship, Dowd focused on whether it was fair to blaze LeClair over an off-duty adventure aback addition Blaze Administration ambassador accustomed a two-day abeyance for racially answerable behavior.
Dowd acicular out that a Battalion Chief Joe Salcedo accustomed the abeyance afterwards he aggregate Facebook posts comparing Admiral Barack Obama and the Atramentous Lives Matter movement to agitator organizations. Salcedo was on assignment at the time he aggregate the posts.
“And the alone acumen amid he and Steve LeClair, at atomic in agreement of their employment, is that he is administration and Steve is a activity leader,” Dowd said at the hearing.
He again angry to Stothert’s exchanges with Bacon. The ambassador said that she and Bacon are accompany and that Bacon had gone about Omaha with her on National Night Out in aboriginal August. The abutting night, at Bacon’s request, she went with him and his wife to a boondocks anteroom the agent captivated in Waterloo. LeClair’s adjudication audition was set for the afterward week.
On Aug. 9, Stothert and Bacon batten by phone.
During questioning, Dowd told the ambassador that Bacon “has declared the acquaintance as accepting calefaction apropos the letter that he submitted in abutment of Steve LeClair.”
Stothert: “I would not say that that’s accurate.”
Dowd: “How would you characterize it?”
Stothert: “I was aggravating to — well, what I did is, approved to brainwash him because what he told me is that he submitted a appearance advertence letter because Steve LeClair declared him and asked him to do so. He had no abstraction … area it was activity to be acclimated or how it was activity to be used.”
Dowd: “So your chat with built-in agent Don Bacon was that you were educating him, you weren’t putting calefaction on him?”
Stothert: “No I wasn’t putting calefaction on him because I told him, I said, ‘This is a abortion arbitration.’ And he said, ‘I wasn’t acquainted of that.’ He said Steve aloof asked him to address a letter of — a appearance advertence letter for him.”
Dowd showed the ambassador a argument bulletin that Bacon beatific in which he said “the ambassador wants me to cull my letter but I won’t.”
Stothert: “That’s not accurate.”
Dowd: “You disagree with what Don Bacon has accounting in that regard?”
Stothert: “I do … he said, ‘I’m not activity to alike be in town, I’m activity to be on vacation (during the adjudication hearing) … And I said to him, ‘I’m not abiding you’ll accept a choice.’ And he asked the question, he said, ‘Well, I don’t — I don’t apperceive what to do, I’m not activity to be there.’ And I said I anticipate the alone affair you could do would be to abjure your letter to abstain the affidavit but I didn’t acquaint him to.”
Dowd: “You aloof appropriate that he do that?”
Stothert: “No I aloof told him that that would be a way that he would not accept to affirm because we are — I knew our attorneys were activity to amendment him and if he didn’t accept a appearance advertence letter, they weren’t activity to amendment him but I didn’t acquaint him to cull it at all.”
Stothert wasn’t the alone one accused of pressuring LeClair’s supporters.
George Martin III, a Baird Holm advocate assassin to represent the mayor, beatific Lathrop a amendment and a letter. The letter characterizes the advance at the bar, Tiger Tom’s. It describes LeClair’s “boorish advances” to a “female, African-American patron.” It goes on to say that afterwards actuality rebuffed, LeClair addled the woman in the aback with abundant force to “cause her to abatement of her barstool and bead her corpuscle phone.” Martin again writes that LeClair said “White Power! at atomic once.”
The abutting band says: “Given the actuality that you accept backed Mr. LeClair adjoin the Burghal of Omaha admitting the behavior that resulted in his discharge, we accept subpoenaed you to affirm beneath adjuration about your accord with Mr. LeClair and your advancing abutment of him.”
Lathrop, a Democrat and claimed abrasion advocate who already belted out Stothert for a accompaniment aldermanic seat, said he knows abounding attorneys he respects at Baird Holm.
“I’ve never apparent annihilation like (the letter) in my 40 years of practicing law,” he said.
The amendment from the burghal was unnecessary, Lathrop said, because he was already appointed to affirm on LeClair’s behalf.
“The amendment became a agent to accelerate the letter,” said Lathrop, administrator of the Legislature’s Judiciary Committee. “And the letter was an attack to alarm … as if I’ve never apparent a amendment before.
“It didn’t work. In fact, it angry into a appealing acceptable fizzle.”
Wayne, an advocate back 2005, said he had aloof planned to address a letter about LeClair’s captivation in his adolescence mentoring program. Again he got the aforementioned letter from Martin admonishing that he would accept a amendment “given the actuality that you accept backed Mr. LeClair adjoin the Burghal of Omaha.”
“I’ve never apparent a letter like that afore in my life,” Wayne said. “It was amazing because I wasn’t a actual attestant — I wasn’t there to affirm to what happened that night.”
Ashford, addition longtime attorney, said advocate Scott P. Moore of Baird Holm declared him alert to advance that he abjure his letter of abutment for LeClair. In one call, Moore asked Ashford if he capital to see the video from Tiger Tom’s.
Moore additionally asked him if he absolutely capital to abutment LeClair, suggesting that it could abuse wife Ann Ferlic Ashford’s run for Congress, Ashford said.
“I thought, ‘This can’t be happening,’ ” Ashford said. “Has the convenance of law absolutely gotten to this point in Omaha? I anticipation the accomplished affair was inappropriate.”
Martin and Moore did not acknowledgment buzz calls gluttonous comment.
At the hearing, Martin approved to comedy the surveillance video of LeClair’s accomplishments so that Ashford could watch it. Dowd objected. The arbitrator, Peggy McNeive of Kansas City, banned the city’s appeal to comedy the video.
McNeive acclaimed that Ashford had no ability of the Tiger Tom’s adventure and was there to artlessly affirm to his accepted impressions of LeClair, Ashford recalled. Ashford said LeClair had been annihilation but able aback he advocated at the Legislature — and had gone to abundant lengths to access assortment in the ranks of the Blaze Department.
Lathrop said addition Baird Holm advocate declared him and asked if Martin could altercate his affairs to testify. Lathrop beneath to booty Martin’s call.
While the adjudication audition was still activity on, an advocate for the U.S. House of Representatives beatific a letter advertence that Bacon would not testify.
Bacon himself beatific a argument that said: “The House attorneys told me my letter is acceptable and brash I angle by (my) letter and not accede with subpoena. A House affiliate doesn’t accept to accede with an Admin subpoena.
“The ambassador wants me to cull my letter but I won’t.”
Omaha Ambassador Jean Stothert
City population: 468,262
Council Bluffs Ambassador Matt Walsh
City population: 62,421
Papillion Ambassador David Black
City population: 20,530
Ralston Ambassador Don Groesser
City population: 7,296
Bellevue Ambassador Rusty Hike
Salary: $15,000; will access to $21,000 in December 2020
City population: 53,627
Gretna Ambassador Jim Timmerman
City population: 5,076
La Vista Ambassador Doug Kindig
City population: 17,163
Lincoln Ambassador Leirion Gaylor Baird
City population: 287,401
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