Detective's court date delayed
Judge rejects effort to postpone transfer
Megan Blaney, SB Sun Staff Writer...
SAN BERNARDINO - The former head of the city's homicide unit who is fighting his transfer to another detail might have to wait until September for the court to hear his plea for reinstatement.
After the attorney for the city and the attorney for Sgt. Mike Desrochers said in court on Monday that they could not be present at hearing dates in August, Superior Court Judge Bob Krug set the next hearing for Sept. 5.
The matter came before the court earlier this month after Police Chief Michael Billdt transferred Desrochers, formerly the sergeant in charge of homicide, to robbery detail on June 23. Billdt said in court filings that he had lost confidence in the 22-year veteran of the department after he displayed resistance to management oversight. Desrochers said the move is in retaliation for his filing a grievance against two supervisors and Billdt.
Desrochers wants the San Bernardino Superior Court to force Billdt to reinstate him. Krug rejected his request on July 3 for a temporary restraining order to delay the transfer.
Desrochers' attorney, Robert Krause of the Newport Beach-based law firm Castle, Petersen & Krause LLP, submitted an amended petition to temporarily reinstate him on Friday, but Krug said Monday it was filed incorrectly. The amended petition did not follow the court rules for amending a petition, Krug said. He did not clarify how it violated those rules.
Krause said he's not sure what was wrong with the petition but intends to follow up.
"I don't agree," he said. "But we'll have our people research it. We're not going to let it drop."
James Odlum of the San Bernardino-based law firm Mundell, Odlum & Haws LLP is representing the city, the Police Department, Billdt and Assistant Chief Frank Mankin. Odlum and Billdt declined to comment after Monday's status conference.
If Krause refiles the amended petition, the court could hear the request for a temporary restraining order before the Sept. 5 hearing date.
Desrochers hopes it's sooner rather than later. The transfer has cost him overtime money and his reputation, he said.
"I want to get back into homicide where I belong," he said. "I'm still looking forward to getting put back there and having the whole issue resolved."
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