A Lake County police officer charged with rape had got his disciplinary proceedings delayed until 2018 on Thursday.
The Lake County Sheriff’s Police Merit Board agreed to put disciplinary proceedings against Officer Nicholas Medrano, 34, of Crown Point, on hold for 90 days, as he’s currently on duty in the armed services until Oct. 16. Medrano was indicted by a grand jury in June on charges of rape, attempted rape, criminal confinement and sexual battery, according to court documents.
Medrano was put on leave without pay by the Sheriff’s Department.
Attorney Christopher Cooper, who is representing Medrano, appealed to the board based on a federal statute.
“The board doesn’t have a choice on this,” Cooper said.
Federal law requires that the 90-day stay is given for men and women serving in the armed services, Cooper said. Cooper said Medrano cannot leave his duties to participate in the preparation of his defense.
A motion filed by the Sheriff’s Department initially contested the stay, according to Cooper.
“That motion is not favorable to the men and women who serve our country,” Cooper said.
Attorney John Bushemi, who represents the Sheriff’s Department, said if Medrano could show that he met the proper criteria to qualify for the stay under the federal statute, he would not object.
John Kopack, a Sheriff’s Department attorney, said Sheriff Oscar Martinez Jr. supports veterans and those who serve the United States and would not object to granting the stay under the federal law.
Medrano’s attorneys also sought to delay disciplinary proceedings until his criminal trial is resolved, but the board took that request under advisement.
“An indefinite stay is to nobody’s benefit,” Kopack said.
Attorney Ben Murphy, who is also representing Medrano, said the officer would not be able to take the stand in his own defense before the merit board if that hearing is set before his criminal trial. Medrano’s trial is tentatively set to start Dec. 18, according to Murphy.
“I don’t think it would be an undue burden,” Murphy said.
Bushemi said the length of stay for criminal proceedings to end could last years, and it’s in the interests of the Sheriff’s Department and Lake County taxpayers to have the disciplinary proceedings resolved. Bushemi said taxpayers are now paying for a position where no one is doing any work.
Murphy said without Medrano’s testimony, the board would primarily make its decision based on the testimony of the victim in the criminal case.
“Officer Medrano needs to have an opportunity to testify on his behalf,” Murphy said.
Bushemi said the motion from Medrano’s attorneys said denying the request would violate his civil rights and would result in a lawsuit.
“You should not be intimidated by such a threat,” Bushemi said.
