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Second RCI officer's termination reversed

June 17, 2009|By ERIN JULIUS

HAGERSTOWN -- Another of the Roxbury Correctional Institution officers fired amid excessive-force allegations in March 2008 saw his termination reversed by an administrative law judge's decision, a spokeswoman for the American Federation of State, County and Municipal Employees (AFSCME) said Wednesday.

The date of the administrative law judge's decision was not known, AFSCME spokeswoman Maureen O'Connor said.

The officers who were fired in March 2008 were not named, therefore, The Herald-Mail is not naming the officer who was reinstated. The officer who was reinstated was investigated, but not charged criminally.

Nine former officers were charged with second-degree assault in connection with the alleged assault on inmate Kenneth Davis.

Charges against one of those officers were dropped Monday. Two others have pleaded guilty.

The trial for another officer, Scott Boozel, 28, of McConnellsburg, Pa., was declared a mistrial when the jury was unable to reach a unanimous verdict.

The remaining former officers facing criminal charges await hearings in Washington County Circuit Court.

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Boozel's attorney, D. Bruce Poole, told The Herald-Mail Tuesday his client's termination also was reversed in a June 4 decision by an administrative law judge at the Office of Administrative Hearings.

Records associated with the officers' Office of Administrative Hearings cases are not publicly available until and unless the appeals process takes the cases to a Circuit court for judicial review.

The state has 30 days to appeal the administrative law judge's decision.

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