Officials seek details about Clark inquiry by Howard police

June 04, 2004|By Ryan Davis | Ryan Davis,SUN STAFF

Some city officials called yesterday for Mayor Martin O'Malley to release more details about the independent investigation of a domestic dispute between Police Commissioner Kevin P. Clark and his fiancee.

"It would be in the best interest of the citizens of Baltimore if the mayor released the report," said Councilman Kenneth N. Harris Sr. "The unfortunate part about the mayor not wanting to release the report is it will raise suspicion."

O'Malley announced Wednesday night that domestic assault allegations were "unsubstantiated" and that Clark, who had been on voluntary paid leave, would return to work. The mayor refused yesterday to release the investigative report on which he based his conclusion. It was written by Howard County police, who conducted the administrative investigation.

"It's private and confidential," said the mayor's spokeswoman, Raquel Guillory.

O'Malley and Guillory said the report is a personnel matter and an investigative record. Guillory said the report contains the conclusion that any domestic assault allegations are unfounded.

Clark declined to comment yesterday.

Howard County police spokeswoman Sherry Llewellyn refused yesterday to release the cost of the investigation. Guillory said Howard officials have not provided a cost.

O'Malley also announced yesterday that city police have begun an internal investigation into their initial handling of the case.

O'Malley asked Howard County police to conduct the administrative investigation into a May 15 domestic dispute Clark had with his fiancee, Blanca Gerena.

Police became involved in the dispute shortly before 4 a.m. that Saturday, when Gerena walked out of their North Baltimore apartment and asked police officers stationed in a car outside whether she could use a phone. Uniformed officers are regularly posted outside Clark's home for security.

The officers asked Gerena, 40, whether she was all right. A conversation ensued and both officers reported hearing her say in broken English, "He assault me." Neither reported seeing any sign of injury.

Several high-ranking officers responded, and Gerena left the scene with a friend, Leonor Trujillo. One police commander reported that Trujillo later called him to say Gerena had suffered neck and back injuries, and that Clark, 48, had assaulted her previously. Trujillo denied later that she had made such statements.

Howard officials agreed May 18 to take on the investigation, which was not a criminal one. They delivered a report Tuesday to the city solicitor's office, and it was passed on to O'Malley.

O'Malley said the conclusion does not necessarily mean officers' initial observations were untruthful.

The "vast majority" of officers, he said, "report things as they believe they are hearing. ... None of us is so infallible that all of our observations and conclusions always stand to be accurate."

Dan Fickus, president of the city police union, said yesterday that he doesn't expect the mayor to release the report because internal police investigations are not made public.

Councilman Keiffer J. Mitchell Jr. said the mayor should release at least a synopsis.

"We'd like to see that," he said. "We don't need to see the sensitive details on the relationship between the commissioner and his fiancee."

Sun staff writers Kelly Brewington, Laura Vozzella and Doug Donovan contributed to this article.

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