Jan. 16, 2006, 10:42PM
Ousted officer reinstated, attorney says
An arbitrator reverses the firing in the case of nude photos taken from a suspect's phone
By HARVEY RICE
Copyright 2006 Houston Chronicle
A Houston police officer fired for his involvement in the transfer of nude photos from a DWI suspect's camera phone has been reinstated, his attorney said Monday.
An arbitrator reversed the firing of Officer George Miller in an opinion released Friday, attorney Marc Hill said.
Hill said Miller was reinstated because he did not commit a firing offense.
"The city played it as a big embarrassment, and the only people who ought to be fired are the politicians, that is, the politically appointed chief of police and his assistant," Hill said.
A separate arbitrator hearing the case of Officer Christopher Green, the other officer fired by Chief Harold Hurtt, has not issued a decision, said Green's attorney, Rusty Hardin.
Police spokeswoman Johanna Abad said Hurtt stood by his decision to fire the two officers.
Ned Gill, attorney for the woman, said his client is disappointed with Miller's reinstatement. "She does think the officer, if he is going to be an officer, should get some sensitivity training," Gill said.
"She's putting this behind her and getting on with her life," he said.
Hurtt indefinitely suspended Green, 34, and Miller, 38, in May after a four-month investigation of the officers' Nov. 25, 2004, arrest of a female college student on a DWI charge.
Green was accused of transferring nude photos of the woman to his personal digital assistant and showing them to other law enforcement officers and courthouse personnel.
Hardin said Green transferred the photos by photographing them.
Miller was accused of leaving the woman a voice mail message suggesting that they meet at an Italian cafe.
Green said the photos were evidence of prostitution, and Miller said he was trying to help her get a lawyer.
The two appealed Hurtt's decision to an arbitrator agreed on by the officer's attorneys and the city, the attorneys said. The arbitrator decided that each appeal should be heard by a separate arbitrator.
The woman, then 26, is a native of China. She was convicted of drunken driving in a September jury trial.