LYNWOOD | A Lynwood officer ordered reinstated to the ranks remains off the job, and attorneys say it may not be until the end of April before he returns.
Joseph Marigliano, dismissed from his police post last year, was ordered reinstated by Judge Mary Mikva. She issued her order in February and Lynwood officials had until March 31 to appeal Mikva’s ruling.
Timothy Lapp, an attorney hired by Lynwood to advise the village’s Police and Fire Board on the Marigliano case, said village officials did not file an appeal.
Lapp said Marigliano cannot return to his post until the Police and Fire Board votes to formally accept Mikva’s ruling. He said no date has yet been scheduled for such a meeting, although he said it likely would take place sometime near the end of April.
Christopher Cooper, an attorney for Marigliano provided by the Fraternal Order of Police, said he believes officials are trying to delay complying with Mikva’s order. He said her ruling Feb. 27 reinstated Marigliano to the Police Department, where he worked for six years.
As far as Lapp’s interpretation that Marigliano can’t return to the job now, Cooper said, “I respectfully disagree. He’s wrong.”
Marigliano was not immediately available to comment. Cooper said he has been supporting himself working part time in security.
Marigliano’s dismissal was due to a Dec. 11, 2012, incident in which he was among several officers on duty who responded to a call to assist in a chase.
Marigliano got out of his squad car to help in the chase, but did not trigger a lockout switch. As a result, a suspect was able to run back to the squad car and drive away in it, ultimately damaging it before being arrested.
Mikva wrote Marigliano could be punished with a suspension. Cooper said any suspension would not be more than 30 days long.
“I feel like I’m beating a dead horse,” he said. “How many times do I have to keep explaining this case? He’s entitled to have his job back.”