State police have not followed a court order to allow a trooper fired two weeks ago to return to patrol duties at the Benson barracks pending his appeal of the dismissal, the trooper's attorneys say.
Thetrooper, Jerry M. Scarborough, filed motions in Harford Circuit Court Friday asking the court to order the state police to show why he has not gone back on patrol following an order issued Tuesday instructing the agency to allow him to do so.
Scarborough's attorneys, Lester V. Jones and Carl Schlaich, of Bel Air, say in the motion that the state police ordered Scarborough toreturn his badge, weapon, vehicle and uniforms. The attorneys also say Scarborough has been assigned to administrative duties.
CircuitJudge Stephen M. Waldron on Tuesday issued an order requiring state police to return Scarborough to patrol until his appeal of the dismissal is resolved.
Assistant Attorney General Millicent Edwards Gordon, representing the state police, has filed an appeal of Waldron's order.
Scarborough, 37, of Dublin, was fired April 11 because he refused to answer questions from an internal affairs officer about a dispute with his neighbors in the 3700 block of Dublin Road.
Waldronordered the state police to reinstate Scarborough April 12 until a hearing is scheduled to decide whether the trooper can return to work permanently.
The trooper went back to court on April 15 asking to be returned to patrol duties.
Gordon argued at a hearing Tuesday that the police were correct in firing Scarborough because he refused to follow orders.
Schlaich said Scarborough used his constitutional right not to answer the questions to protect himself from self-incrimination.
Schlaich also argued that Scarborough is an asset to the state police, noting his s large number of drunken-driving arrests.Scarborough, a 14-year trooper, arrested 142 motorists who were charged with driving while intoxicated in 1989 and 1990.
Scarborough was named the 1989 Trooper of the Year.
Scarborough's dismissal came after a meeting with state police Superintendent Elmer H. Tippet following an internal affairs investigation of a June 20, 1990, confrontation Scarborough had with friends of his neighbors.
Scarborough was charged in a complaint filed by the mother of a 13-year-old boy, who claimed Scarborough struck him when the youth went into the trooper's yard to retrieve a ball.