Hagee participated in a raid Jan. 5, 2007, at a home in the 1200 block of E. Federal St. There, according to charging documents, Hagee advised Burgess, 37, of his right to remain silent and then asked him whether there were any drugs or guns in the house. Burgess, according to charging documents, told Hagee that he had two guns in his bedroom closet.
Burgess denies making the statement.
"Whether this statement was actually made, the contents of the purported statement, and the circumstances surrounding the alleged statement will all be pivotal issues at trial," Fischer wrote in an argument to Judge Murdock. "The credibility of Detective Hagee on these issues and other issues with be critical in the jury's determination."
Murdock agreed and released parts of the Hagee's personnel file after declaring them "probative of the character of untruthfulness."
Hagee's encounter with the woman - the officer described her as a confidential informant and ex-girlfriend; she described him as her boyfriend - occurred Oct. 3, 2004, at a downtown apartment about 3:30 a.m.
Court records say the woman told Hagee over the phone that she did not want to see him, but he ignored her, driving in a police car to her apartment drunk and in uniform from his part-time job at a parking garage, according to the internal police charging documents. The woman told police that Hagee repeatedly banged on her door, ordered her to open it and threatened to hurt her.
"When the communications division of the Department dispatched the call, Detective Hagee responded, indicating that he was handling the call for service," Maria E. Korman, an attorney for the Police Department, wrote in court filings. The victim "called 911 again and indicated that she heard Detective Hagee speaking on the radio indicating that he was handling the call but that he was the one she was calling about."
Hagee never gained access to the apartment. He also denied a romantic relationship with the woman, Korman wrote. After internal affairs investigators were dispatched to the scene, police ordered Hagee to take a Breathalyzer test, which he failed. His blood-alcohol level was 0.12 - over the 0.08 legal limit.
But police did not follow the legal procedures required to admit the test results in court and did not interview anyone who had seen him at the wheel of the car, according to court records. He was never ticketed or charged. The responding police officer labeled the incident an "unfounded family disturbance."
