2 officers to appeal suspensions over search during traffic stop

Franklin doesn't have the authority to increase discipline, an attorney says.
& lt;a href=mailto:sinkovich@vindy.com & gt;By PEGGY SINKOVICH & lt;/a & gt;
VINDICATOR TRUMBULL STAFF
WARREN -- Two city police officers facing multiple-day suspensions plan to take their case to an arbitrator.
Atty. Randall Weltman, who represents Patrol Officers Ed Hetmanski and Joseph Kistler, said the city's safety-service director erred when upholding Hetmanski's five-day suspension and doubling Kistler's five-day suspension.
Safety-Service Director Doug Franklin declined to comment.
"We appealed the chief's decision to discipline these officers to the safety-service director," Weltman said. "We do not believe he has the authority to increase the discipline. We believe he has the authority to uphold or decrease" the discipline for Kistler.
Weltman noted that he also believes the five-day suspension for Hetmanski is too severe.
Police Chief John Mandopoulos and Franklin both found Kistler and Hetmanski guilty of administrative charges of conducting an unreasonable search Dec. 30 on Willie Summerlin of Second Street.
"They would have to prove that the officers knowingly violated the constitutional rights of Summerlin," Weltman said. "We don't think the city can show that they knowingly did this."
Background
The officers were taken off the streets last month after an internal investigation concluded they were performing unwarranted searches on people stopped for traffic violations.
A review of the videotape from the cruiser, which also includes sound, shows officers searching Summerlin and his vehicle. When officers returned to the cruiser, they can be heard arguing with Summerlin. The tape was shut off during the conversation between Summerlin and the officers.
Summerlin filed a lawsuit in U.S. District Court in Youngstown earlier this month against the city, Mandopoulos, Kistler and Hetmanski.
The suit states Hetmanski and Kistler violated Summerlin's constitutional rights during the traffic stop.
The search was done in front of the home of Summerlin's friend on Iowa Street and was videotaped by his friend's grandchildren.
& lt;a href=mailto:sinkovich@vindy.com & gt;sinkovich@vindy.com & lt;/a & gt;