Mayor won't chair chief's hearing

New Haven, Conn. (WTNH) - East Haven Mayor April Capone says she will allow the court to decide who will oversee the disciplinary hearing for embattled Police Chief Leonard Gallo.

Gallo has been on paid administrative leave since April of 2010 after a Department of Justice investigation was launched following claims of racial profiling and police brutality. At a meeting last week, the East Haven Police Commissioners agreed that the chief should face discipline, but they decided to leave it up to Mayor Capone on how severe it should be. The mayor decided to hold a public hearing for June 23rd where Gallo would be allowed to defend himself.

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But lawyers for Gallo filed a motion in New Haven Superior Court to have an independent party to decide Gallo's punishment, not the mayor.  At today's court hearing, the mayor agreed to step aside.

"This is the proof that the chief did nothing wrong -- 477 pages," said Gallo's lawyer, Frank J. Kolb Jr.

The town attorney is trying to stop the chief from calling every police officer to testify, saying subpoenas to over 70 town workers is causing chaos.

A statement issued by Mayor Capone reads in part, "While I firmly believe that I can act in an independent manner as the Hearing Officer, I have elected to step aside to allow the Court to be the decision-maker in this process. It is clear to me, from the paperwork he has submitted that Mr. Gallo is intent on drawing this process out and unfairly shifting the emphasis over several months from the real issues that deserve to be tried, to me. That would not serve the taxpayers of the Town of East Haven."

A statement from Gallo reads in part, "April Capone, with the help of the legal system, continues a personal and political vendetta against me with the use of public funds. I want the people of East Haven to know I wish them no harm. All I want to do is go back to work. April Capone and her cronies continue to make false allegations against me and continue their abuse of power."

The hearing on June 23rd has been postponed until the court decides who will oversee the hearing.