Lorain Police Lieutenant terminated, Chief under investigation following Lieutenant's discrimination complaints

LORAIN — The Lorain police chief is under investigation stemming from allegations made in a report that resulted in the termination of a lieutenant in his department. Lt. Corey Middlebrooks was terminated April 17 following a nearly yearlong investigation into discrimination allegations he made before and after his demotion from captain in July 2024. During the Office of Professional Standards' investigation into Middlebrooks' allegations, information was found that sparked another internal investigation into Chief Jim McCann for allegations including a comment he reportedly made to a subordinate officer that McCann wished he had a "dirty cop" to set someone up. McCann received notice of the internal investigation into his conduct on April 17. Mayor Jack Bradley said McCann is not on administrative leave during that investigation, and that it will be conducted by an outside investigator. The city released the Office of Professional Standards investigation into Middlebrooks on Monday, a nearly 400-page investigatory report completed by Lt. Kyle Gelenius under the supervision of Sandusky Police Chief Jared Oliver. The Chronicle-Telegram obtained the report and several supplemental documents, including a rebuttal from Middlebrooks filed April 10, via public records request. McCann allegations McCann is under an internal investigation regarding claims he threatened to go after former Safety/Service Director Sanford Washington and was looking for a "dirty cop" to set someone up. Part of Middlebrooks' complaint alleged McCann said when he was finished with Middlebrooks that he was "going after" Washington during a meeting on March 20, 2024. Middlebrooks told OPS he took the statement as a threat, something McCann rebutted in the report. McCann denied threatening Middlebrooks or Washington. Middlebrooks reportedly did not tell Carrion, who had replaced Washington as Safety/Service Director at the time. When OPS interviewed Washington, the former safety/service director said Middlebrooks never made any complaints of discrimination against McCann during his tenure with the city, but said Middlebrooks was someone the chief "had pause with" and "was not keen on." Washington reportedly had his own "file" on McCann, but OPS stated it had not seen that file. The "dirty cop" allegation stems from a conversation Detective Craig Payne reportedly had with McCann before a promotional ceremony. According to Payne, who said he was reluctant to testify for fear of retaliation, he and the chief were walking into the lobby for the ceremony and McCann looked at him and said "I wish you were a dirty cop." When Payne reportedly asked McCann what he meant by that, McCann said "I just need a dirty cop. I just wish you were a dirty cop." When Payne facetiously asked him how dirty he would have to be, McCann reportedly said "I need like Corey Earl dirty … I need someone taken care of." Cory Earl was an embattled Lorain Police officer in the late 2000s to early 2010s who faced a litany of suspensions and charges including violations of protection orders, harassment, tampering, forgery and passing bad checks during and after his time with the department. Middlebrooks also alleged McCann has a "documented history of unprofessional conduct," and included a claim that the chief used the N-word when shutting down a bar. Middlebrooks' claim was substantiated by Officer Abner Santiago, who initially declined to be interviewed for fear of retaliation. He was later compelled to provide testimony regarding conduct from nearly 26 years ago, which could not be substantiated. The alleged conduct happened in 1999 when Santiago worked security at a bar and a large fight broke out. When McCann, a sergeant at the time, arrived at the scene, he reportedly yelled "I'm tired of all these N------- and S---!" as he was walking into the bar. McCann then reportedly removed the bar's liquor license from the wall and smashed it with his baton. McCann, according to OPS' report, did not recall the incident and denied making racially insensitive comments. The chief acknowledged he has used the N-word in the past but would never use the term under today's societal standards. Included in OPS' investigation into Middlebrooks' claims was that the chief called Middlebrooks a "knuckle-dragger" during a meeting with the mayor. Mayor Jack Bradley, who declined to be interviewed for the OPS investigation, said on Monday that he had "no recollection" of McCann calling Middlebrooks a "knuckle-dragger." McCann alleged he used the term as a compliment, to mean Middlebrooks was a "knuckle-dragging cop that eventually rose to a level he couldn't function at." OPS stated, from an academic perspective, "knuckle-dragger" is a derogatory term used to describe someone as unintelligent, uncivilized or primitive. The report stated the remark could not be corroborated, but that the chief should be counseled to avoid using the term so other staff do not become offended. OPS noted McCann has a history of unprofessional conduct in the workplace that the city administration has historically ignored. OPS did not find any disciplinary documents in McCann's personnel file regarding discipline for unprofessional conduct. Gelenius alongside Officer Kyle Shawver filed a complaint against the chief in 2021 alleging McCann made derogatory jokes and remarks based on Gelenius' sexual orientation. An investigation by the consulting firm Clemans-Nelson cleared McCann of the bulk of the complaints, but found he had a history of using "loose" language with officers that could have fueled the complaints. Middlebrooks demotion Middlebrooks was demoted from captain to lieutenant in July following an external investigation conducted by attorney Jeremy Iosue and a recommendation made from the Employee Review Board regarding his reported performance in the position. Middlebrooks, a 26-year veteran of Lorain police, was promoted to captain from a standing civil service list following Capt. Roger Watkins' retirement in early 2023. Watkins retired while under investigation by OPS regarding his handling of a separate investigation into then-Lt. Tabitha Angello who resigned in lieu of termination from the department on Nov. 10, 2022. Middlebrooks was assigned to oversee the department's Patrol Operations division, which includes its traffic and uniformed patrol divisions, SWAT team and other specialized units. About a year into his tenure as captain, Middlebrooks received a reprimand in January 2024 from McCann for allegedly failing to adequately staff the road patrol for New Year's Eve until two weeks prior to the event — despite the Fraternal Order of Police Lodge No. 3's collective bargaining agreement requiring 30 days' notice for schedule adjustments — and allegedly failing to draft a patrol operations plan and schedule for the 2024 solar eclipse. The New Year's Eve shift was staffed via overtime, according to McCann's written reprimand included in Middlebrooks' personnel file. The department's plan for the solar eclipse had been a point of discussion since April 2023, according to McCann's written reprimand, and during a Jan. 9, 2024, meeting with command staff, Middlebrooks had reportedly not completed any planning for it. McCann's reprimand also alleged Middlebrooks failed to change the Patrol Impact Team's shifts to deal with fights and shots fired calls at the Mile Long Pier without being directed to by the chief himself. "You alone are responsible for your performance," McCann wrote. "No amount of additional training will fix the issues I have laid out in this written reprimand. … Any further violations will result in progressive discipline from suspension and demotion to termination." After the January reprimand, Middlebrooks was assigned to head the Support Services division, which oversees dispatch, records and the department's vehicle maintenance. As part of his new position, Middlebrooks was required to learn how to dispatch officers and handle records and was assigned to the Lorain County 911 dispatch center in Elyria three days a week. At the time Lorain police were dispatched by the county. They have since moved dispatch in-house. On April 5, 2024, McCann informed Middlebrooks of an administrative investigation into his performance as captain being done by Iosue, an attorney with Stefanik, Iosue and Associates in Cleveland. That investigation and subsequent report were given to McCann on May 31. Iosue's report alleged Middlebrooks was not suited to be a captain. It stated Middlebrooks had not learned how to dispatch or handle records and had refused to go to county 911 for training as often as McCann had decreed. The cost of the Iosue investigation was not immediately available on Monday. On June 6, 2024, Deputy Chief Michael Failing, at McCann's behest, tested Middlebrooks on records and radio tasks, which he reportedly failed. Ultimately, Safety/Service Director Rey Carrion demoted Middlebrooks to lieutenant on July, 19 2024, for incompetence, inefficiency, unsatisfactory performance, insubordination and violating department policies and procedures. Rebuttals and allegations Middlebrooks filed rebuttals and alleged discrimination and retaliation before and after his demotion. A Feb. 5, 2024, rebuttal to his January 2024 written reprimand from the chief disputed the reprimand's accuracy and alleged he was the subject of "targeted retaliation and unfair treatment stemming from my reporting of misconduct within the department." He stated his reports led to resignations, terminations and suspensions, but did not provide the names of officers allegedly affected by his reports. On June 12, 2024 Middlebrooks filed a retaliation complaint against McCann with Carrion. That retaliation complaint included allegations such as: McCann reportedly continuously interrupted Middlebrooks when he tried to speak on his own behalf during a Jan. 22, 2024, meeting with McCann, Chief of Staff Rick Soto, Carrion and Failing. During a private meeting with Soto and Carrion, Middlebrooks said he believed McCann had "nefarious intentions" against him. Middlebrooks was without a desktop computer when he was moved into support services. Officer Miguel Baez was shown Middlebrooks' written reprimand by McCann with Failing present. McCann allegedly told Middlebrooks to "file a complaint" if he had a problem with it and that McCann reportedly stated when he was finished with Middlebrooks he was "going after former (Safety/Service Director) Sanford Washington. Just before his demotion, Middlebrooks filed a discrimination complaint on July 16, 2024. That complaint's allegations included: Middlebrooks stated he has witnessed "numerous instances of racism and unjust behavior" in his 26 years on the department. (Middlebrooks is Black. McCann is white.) When McCann was a sergeant he falsely accused Middlebrooks of violating department policy while working a grant detail. Middlebrooks stated the reprimand occurred in then-Capt. John Reiber's office, where there were two Klu Klux Klan placards on the wall. McCann told Middlebrooks to "smile" when entering a dark room so that McCann could see him. McCann stated "Whites only" when Middlebrooks entered an office. McCann called Middlebrooks a "knuckle-dragger" during a meeting with the mayor. The N-word was written in a men's restroom in the police department. Middlebrooks was "a victim of 'driving while Black'" during a traffic stop initiated by a then-lieutenant. The Fraternal Order of Police was "weaponized" to fulfill the agenda of a few, and had previously attempted to expel Middlebrooks from the union. After his demotion, Middlebrooks also filed a complaint with the U.S. Equal Employment Opportunity Commission on Aug. 1, 2024. Middlebrooks reported to the EEOC that McCann had demoted him after subjecting him to "unfair" treatment based on his race, including that he was subject to testing other white officers were not. On Aug. 5 the EEOC issued a determination that it would not proceed with an investigation into Middlebrooks' claims. The EEOC gave his a letter that would have allowed him to sue over his discrimination claims, but no lawsuit was filed. Investigation Lt. Kyle Gelenius, then the head of OPS, investigated Middlebrooks' claims of discrimination, racism and misconduct within the department. That investigation spanned allegations dating to the mid-1990s, and included interviewing more than two dozen current and former Lorain police staff. The allegations of retaliation in part stem from Middlebrooks claiming to be a "whistleblower" regarding a domestic complaint involving then-Lt. Tabitha Angello and her long-term boyfriend, then-Sgt. Kenneth Zapolski, following a September 2022 incident at the Fraternal Order of Police Lodge No. 3 hall on Broadway. Middlebrooks alleged domestic disputes between the two officers were "covered up" and that during the department's internal investigation into Angello he felt pressure from his peers and claimed the chief was trying to "force him out." Angello was charged with tampering with evidence and unauthorized use of property after an internal investigation found she was having a sexual relationship with a subordinate officer (who was not Zapolski) and a convicted drug trafficker, on and off duty. Zapolski retired from the department before his pre-disciplinary hearing. According to OPS investigation, there was animosity between Angello and Middlebrooks throughout the pair's careers within the department. Middlebrooks claimed videos relating to a domestic incident between Angello and Zapolski at a bar were missing. He told Gelenius he discussed the allegedly missing videos with fellow Capt. Les Palmer but did not put a report in writing. Middlebrooks told Gelenius that whenever he saw misconduct throughout his 26 years in the department he informed a supervisor and "hoped" they would take it farther, but never put his concerns into writing. Middlebrooks said the chief "set him up" and that "everyone" knew it. Gelenius investigated other allegations from Middlebrooks, including a KKK placard in Reiber's office and that Lt. Robert Stack pulled him over for "driving while Black." The KKK placards was a story Middlebrooks reportedly told frequently, according to fellow officers' testimony to OPS. It was an incident during the late 1990s or early 2000s when McCann was a sergeant. Reportedly, Middlebrooks was accused of being out of uniform while working a street crimes detail alongside officers Rudy Arce, Miguel Baez and Dennis Monschien. There were conflicting reports of whether Middlebrooks was out of uniform while on the detail, but according to Middlebrooks, he, Arce and Baez were pulled into Reiber's office for a meeting about it. It was not clear if anyone was disciplined for being out of uniform. The report notes Arce and Baez are Hispanic, Monschein is white. There is some dispute of whether the meeting itself took place in Reiber's office. McCann stated it did not, as Reiber's office would have been locked. Reiber was not part of the meeting. OPS interviewed Reiber, who retired in 2001, and he admitted the placard was on the wall in his office from a rally detail in the late 1990s. He said he removed it after someone complained to then-Chief Cel Rivera, but he did not know who had complained about the sign. He said in hindsight it "was not wise for him to have put the sign in his office, especially in his position as a captain." Regarding Middlebrooks' allegation that Stack pulled him over for "driving while Black," he told Gelenius that the then-lieutenant pulled him over and then on approaching his vehicle questioned what he was doing "incognito" before walking away without explanation. He reportedly told his mentor and supervisor, Sgt. Davis, about the incident, who filed a report on his behalf. Davis told Gelenius he believed Stack was "fishing" and "caught something he didn't expect to" when he pulled Middlebrooks over. Stack retired in 2009 and died in 2023. Rivera died in 2022. Those allegations were listed as unfounded due to the time passing since it occurred. Similarly, OPS investigated the allegation that the N-word was written in a downstairs bathroom. Baez said it happened maybe 20 years ago and Davis concurred something like "N-word go home" was written on one of the mirrors, but Gelenius stated the allegations of wrongdoing are not timely. Middlebrooks also alleged that McCann showed his written reprimand from January to Baez during a March 2024 meeting. He alleged showing Baez the reprimand was a violation of the union's collective bargaining agreement and state law. McCann admitted he showed Baez the reprimand during a disciplinary meeting regarding issues Baez was having as a school resource officer. The chief said there was no rule against showing Baez the written reprimand, and that it had nothing to do with Middlebrooks' race. He called the meeting with Baez an "undocumented counseling session" regarding rumors he was allegedly spreading at Lorain Schools. Middlebrooks' rebuttal, termination OPS found the bulk of Middlebrooks' allegations unfounded or unable to be justified due to the passage of time between their alleged occurrence and Middlebrooks complaint. Middlebrooks denied the allegations against him by OPS in relation to the report, including that he made any false or misleading statements or withheld evidence. In his rebuttal, filed April 10, Middlebrooks wrote that the burden is on the city to prove he made knowingly false statements or omitted facts — something the city, according to him, did not do. He stated OPS' disagreement with the substance of his statements does not mean those statements were lies. "I spoke truthfully based on my direct experiences and understanding of events; documented interactions with department officials; (and) conversations with other employees and witnesses," he wrote. " (And) the hostile climate and pattern of retaliatory conduct I experienced, which impacted both my trust in the process and my willingness to disclose sensitive evidence before the appropriate protections were in place." He stated the city seeks to penalize him for raising concerns about potential misconduct by senior leadership, which are protected under the Civil Rights Act of 1964 and Ohio Revised Code. Information on Middlebrooks was also forwarded to the county prosecutor's office regarding his credibility as a witness and a potential addition to a Brady list. A Brady list is named as such for a U.S. Supreme Court decision in the 1963 case Brady v. Maryland, in which justices ruled the government cannot withhold evidence and doing so violates a defendant's right to due process. A Brady list may include officers whose prior conduct could call their truthfulness into question. Lorain County Prosecutor Tony Cillo stated his office has been in contact with local jurisdictions on creating a formal Brady list. Oliver wrote in a an April 15 letter to Cillo that Middlebrooks "has issues of credibility and dishonesty." Cillo said a formal Brady list does not exist at this time, but his administration is working to have something in place that would notify attorneys when a witness is entered into the court system that a prior incident may call their reliability into question. McCann and Middlebrooks declined to comment on the report and any subsequent investigation. Contact Carissa Woytach at (440) 329-7245 or cwoytach@chroniclet.com.