A Chatham-Kent police officer continues to fight for his job, but he's not getting much support from his employer or his police peers.
Thursday was day three of a Police Services Act disciplinary hearing for Constable Andrew Jaconelli. He pleaded guilty to seven counts of discreditable conduct last year stemming from a sexual assault at a Christmas party in 2017 and Chatham-Kent police want to dismiss him.
In their submissions, the prosecution of Ian Johnstone and Allison Johnstone are recommending dismissal, while the defence of Lucas O'Hara wants a demotion. Allison Johnstone told the hearing that Jaconelli's conduct is extremely serious and a significant sanction must be imposed, adding that the public has lost confidence in him.
Ian Johnstone also took exception to an apology read by Jaconelli at the hearing, saying it was disingenuous. Jaconelli apologized to his family, his colleagues, and the community for his actions, saying there was no excuse for them.
The prosecution is also puzzled that Jaconelli didn't tell his psychiatrist that he is currently facing criminal harassment charges based on allegations from another woman. Jaconelli allegedly forced his way into the woman's home, and the prosecution said it's another example of the ongoing pattern of sexual behaviour towards female peers and another embarrassment for the police service.
"How do you expect to be rehabilitated, if you don't even tell your doctor (about the latest charges)," said Ian Johnstone. "It's not only what somebody says, it's what they fail to say. How do you bring somebody back that's been evasive?”
The criminal harassment charges are still before the court and haven't been proven.
O'Hara said Jaconelli suffers from Post-Traumatic Stress Disorder (PTSD) after watching a man set himself on fire July 1, 2017 and is alcoholic, which is a disability. However, the prosecution told the hearing officer that PTSD shouldn't reduce the penalty and questioned if Jaconelli even has a disability because of his alcoholism, adding the defence hasn't proven it. The prosecution also pointed out that incidents in 2011 and 2014 involving Jaconelli and alcohol were well before the incidents in 2017.
The prosecution asked the hearing officer to consider the long term effects on Jaconelli's co-workers, if he was allowed to return to work.
"It's unfair to the female victims and his co-workers if Jaconelli was to continue working as a police officer," said Ian Johnstone. "There's no evidence the pattern wouldn't repeat itself."
The hearing also heard a letter of support from Jaconelli's current wife written in 2020. The prosecution said the letter is outdated, noting that she hasn't attended his hearings for a year. The hearing was later told he and his wife have been separated since last fall.
The prosecution said Jaconelli is beyond saving and is of no use to Chatham-Kent police, saying he has promised to get counselling and be better before. According to the prosecutors, officers are worried about their own safety and public safety if Jaconelli returns to work.
The prosecution was also surprised to learn that Jaconelli had a relapse last year after spending time in rehab and that he is at risk of abusing opiates.
Audio of police questioning retired officer Pat Stone about the Christmas party was played at the hearing. Stone said Jaconelli's wife showed up at the party later and tried to get him to go home, but he refused and she left. Jaconelli was asked to leave the party later.
"Jaconelli was a little clingy. He was already lit by the time we got there. He was sloppy drunk," said Stone.
Jaconelli told Stone he couldn't get the image of the man setting himself on fire out of his head.
Meanwhile, the defence said the sexual assault at the Christmas party was an isolated incident because Jaconelli had a "momentary lapse" over a short period of time, adding it was out of character for him because of the alcohol.
The prosecution also said Jaconelli has not shown remorse for his actions, but O'Hara said the apology was sign of remorse.
O'Hara also said Jaconelli has been sober for a year and that he's been in counselling for five years. The hearing was told that at one point Jaconelli was drinking 8-10 beers and two bottles of wine a day to cope with PTSD.
O'Hara maintains that Jaconelli is still useful as an officer and every attempt should be made to rehab and reform him, adding dismissal will take away his benefits and hurt his rehabilitation efforts. The defence also noted that public trust could be restored with a demotion.
Jaconelli told the hearing he feels remorse and that corrective punishment should prevail, not punitive action. He admits that he has a long road to recovery, adding he has tried taking his own life. He said he has better coping skills now and doesn't need alcohol to solve his problems anymore.
"Given the opportunity I feel I could flourish," said Jaconelli.
The defence also called no witnesses during the three days and the prosecution jumped on the fact that he only had the president of the police union previously come forward on his behalf.
The disciplinary hearing officer Greg Walton hopes to have a ruling on Jaconelli's future by mid-November, but acknowledges upcoming police disciplinary hearings on his schedule may push the decision to mid-December.
