"Carrying a firearm into a restricted area under false pretenses is against federal law, but Transportation Security officials declined to prosecute"

I Guess some animals are more equal than others.

http://www.nwaonline.net/articles/20...9rzmcclain.txt

ROGERS — A police officer is appealing his termination from the Rogers Police Department.

Patrolman Jonathon McClain was notified in writing July 29 by Chief Steve Hamilton he was being fired for violating several departmental policies and rules, according to a document contained in an internal investigation report.

No date for a hearing before the Rogers Civil Service Commission has been set.

McClain is accused of circumventing federal security procedures at the Northwest Arkansas Regional Airport then not being truthful about his actions, among other things, according to the report.

Hamilton said McClain was fired for being dishonest.

McClain was administered a polygraph by Gary Harp, an independent examiner, regarding what he told airport officials on July 17.

"It is the opinion of this examiner that Jonathon McClain was not truthful in his answers ...," Harp said in a report.

McClain went to the airport in uniform on July 17 to pick up his daughters. McClain had just gotten off duty and did not have time to change out of his uniform, according to the report.

McClain was waived through security to a desk in a "sterile area" where he spoke with Josh Collins, a Transportation Security Administration employee. Transportation Security is a division of the U.S. Department of Homeland Security.

McClain indicated he was there on official business to escort an inbound prisoner from California, according to a written statement by Collins.

Collins said he asked McClain if the prisoner was being escorted by an armed guard and McClain responded yes.

Security Supervisor Wayne Florer witnessed the exchange between Collins and McClain.

Officer Jerah Kern said she heard Collins ask McClain specific questions about his business at the airport, but did not hear his answers. Kern is a police officer with the Northwest Arkansas Regional Airport Police Department.

Kern was assigned to escort McClain through the secure area, during which time she asked McClain about the prisoner pickup.

Kern said McClain told her, "No, I'm here to pick up my daughters."

When McClain emerged from the secure area with his wife and daughters, Collins and Florer questioned Kern about the prisoner pickup.

Once it was determined McClain had misled security officials, Chief Gilbert Neil of the airport police was notified and a complaint was made to Hamilton.

Rogers Police Capt. James Baker argued against McClain's termination. Baker recommended in a memo McClain receive instruction regarding prisoner pickup procedures and be instructed not to wear his uniform to the airport.

Baker alluded to a hearing impairment or difficulty on McClain's part.

However, McClain never indicated any hearing impairment during the investigation, according to a report by Steve Mankin, professional standards coordinator for Rogers police.

McClain called Hamilton on Aug. 5, and left a message saying he would not appeal his termination if the department did not seek his decertification by the Commission of Law Enforcement Standards and Training, according to the report.

Hamilton told McClain the decision to decertify was the commission's but he would request McClain's decertification, according to a call transcript in the report.

Hamilton said Friday he would not comment on whether he will request McClain's decertification.

Carrying a firearm into a restricted area under false pretenses is against federal law, but Transportation Security officials declined to prosecute, Hamilton said.

McClain's termination could impact cases in Rogers and Benton County because of Brady v. Maryland, a 1963 U.S. Supreme Court decision requiring prosecutors to disclose exculpatory evidence to a defendant, said Ben Lipscomb, Rogers city attorney.

Lipscomb said the Brady decision would require him to notify the defense counsel McClain was discharged for being untruthful, if McClain was called as a witness in a case.

"We will evaluate each of his cases on a case-by-case basis and determine whether he is needed as a witness," Lipscomb said. "If he is needed as a witness, we will take the appropriate steps."

Van Stone, Benton County prosecutor, said his office is reviewing cases to determine if any steps need to be taken as a result of McClain's termination.

McClain's attorney, Chris Griffin with Keith, Miller, Butler and Schneider and Pollack, was in court Firday afternoon and could not be reached for comment.