Chief: Rumors not to blame

Newport Beach Police Sgt. Neil Harvey wasn’t teased more than anyone else and was refused promotion to lieutenant because of his failed leadership, not because of rumors he was gay, members of the department testified in his civil trial Friday.

Harvey has shown a pattern of “not being able to deliver a message or let things go,” Police Chief John Klein testified Friday.

The chief finds himself at the center of Harvey’s lawsuit claiming he was discriminated against because false rumors he was gay compromised his ability to lead and alienated his superiors.

Harvey’s attorneys claim Klein, among others, fostered a homophobic environment in the department and deliberately rated Harvey poorly during promotional exams with bogus criticisms of his leadership.

Klein testified for the defense Friday (the plaintiff rested its case earlier in the afternoon) that just because every helpful hint given to Harvey on how to work with his subordinates wasn’t in writing, “doesn’t mean it didn’t happen.”

The city’s defense attorney Jim McDonald reintroduced more negative comments on Harvey’s leadership for jurors, all of which were made every time Harvey was going for a promotion.

They included comments from lieutenants who said Harvey was a nitpicker who focused on tiny issues at the sake of the larger problem and struggled to make decisions.

The defense maintains that even if there were rumors of homosexuality, it didn’t necessarily lead to discrimination when Harvey sought promotion.

“So he was a bad sergeant?” Harvey’s attorney, John Girardi asked Klein.

“He did OK as a sergeant.”

“He was a tough grader [of police reports]?”

“He was picky.”

Det. Kirk Jacobi was also critical of how Harvey handled his officers’ police reports, which the defense claims alienated them.

“He was basically an English teacher. He focused on evaluating written reports,” Jacobi said. Jacobi told jurors how Harvey once kicked back his report five times because of one sentence.

Jacobi, however, testified during cross-examination, that some of Harvey’s criticisms made him a better officer. He also supported Harvey’s claim that Lt. Richard Long was “out to get him.”

Twice the lieutenant asked Harvey’s officers’ if they had anything to report on him even though they made it clear they would handle it themselves.

The defense also did its best to counter a growing theme of retaliation in the department, highlighted earlier this week with testimony from civilian employee Kendra Duerst. She testified that since giving a deposition in this case, she suddenly had her first performance review in five years.

Klein testified it was nothing personal, and Duerst was simply one of about 60 employees department officials plan on reviewing by December because they’re years behind.

Defense attorneys said they expect to wrap up their case next week.

Reporter JOSEPH SERNA may be reached at (714) 966-4619 or at joseph.serna@latimes.com.