The way that Former Fort Smith Police Department Sgt. Don Paul Bales’ department had it set up, cops would “prove” that they weren’t really police officers, by having sex with prostitutes. The cop who had just broken the law himself would then follow up by arresting the women.
Now, a lawsuit that was obtained by local KFSM, reveal that an officer was fired for exposing the twisted police work.
The suit was just filed in Arkansas’s Sebastian County Circuit Court. The officer in question says he just wants his job back, as he did nothing but expose criminal activity among fellow officers.
This all started when Bales received a photo of an affidavit that had been filed back in April of 2014. That affidavit stated that an undercover cop in the “Street Crimes Unit” had engaged in what it termed “misconduct.”
The undercover officer, who was identified as “J.B.”, met a woman he thought might be a prostitute through the website Backpage.com.
The cop then set up a meeting with the woman at a motel where he later got her to agree to a rate of $150 an hour.
But the affidavit says that the undercover cop got disrobed, engaged in a sex act, and then arrested the woman on suspicion of misdemeanor prostitution.
The cop said that it was absolutely essential for him to do this “because he believed that such action was necessary to gather the proof needed to convict the person for violating the prostitution statute.”
When Bales saw this, he reported the misconduct to his superiors. He turned over the photo of the affidavit to his lawyer “just in case.”
But after an investigation, carried out by Fort Smith Police Department Chief Kevin Lindsey, it was decided that Bales was the one to blame. He had, Chief Lindsey still maintains, “violated department policy” when he allowed the officer’s name on the affidavit.
But Bales has maintained that any communication between himself and his lawyer is protected by attorney-client privilege.
The attorney published the affidavit some time later, but he redacted it to conceal the identity of the officer in question. So this department policy, both the lawyer and Bales maintain, was never in fact violated.
Now, the department is saying that Bales violated a full eight rules. Among them, Chief Lindsey says Bales was guilty of: not being truthful, giving false testimony, revealing confidential information, releasing a confidential report and not respecting his superiors.
Here’s where it gets really crazy… Lindsey says that the undercover officer in question was “in accordance with department policy” when he engaged in sexual relations with the prostitute who he later arrested.
Even worse, and adding insult to injury, the termination of Sgt. Bales has been upheld on appeal by the Fort Smith Civil Service Commission… twice.