CHICAGO | A Cook County judge set a hearing for next month when she may rule on the fate of a former Lynwood police officer fighting to regain his law enforcement job.
Judge Mary L. Mikva conducted a brief hearing in her courtroom Monday, then scheduled the May 22 hearing and said she may issue her final ruling at that time.
Mikva is considering the fate of Joseph Marigliano, who was fired last year by the Lynwood Police Department because of a December 2012 incident in which his squad car was stolen, then wrecked, by a suspect.
Earlier this year, Mikva ruled the village’s Police and Fire Board did not have the authority to fire Marigliano, but could discipline him. However, the Police Board met last week and decided its original ruling to terminate Marigliano’s employment was correct.
“With all due respect, they voted to terminate him,” said attorney Timothy Lapp, who represents the Police Board, to Mikva during Monday’s court hearing.
Mikva has to decide whether she will accept that action, or whether she will issue another ruling against the village.
Lapp has said he would not be surprised if Mikva rules against the Police Board, causing the matter to go to the Illinois appellate courts for further review,
While Mikva said she thinks Marigliano could be disciplined, she said it is unlikely she would offer up a specific punishment for him.
“There is case law that tells me not to do that,” she said.
On Dec. 11, 2012, Marigliano was one of several officers helping a foot pursuit by police of a suspect. Marigliano got out of his squad car and joined in the chase, although he stopped at one point to help an injured officer.
Marigliano did not activate a lockout switch that makes it impossible for someone to drive the car away. The suspect managed to double back and get to Marigliano’s squad car, driving away for a short police chase that ended when the suspect crashed the car.