The prosecution claims that when the first Pittsburgh police officer to respond to an alleged road rage incident in the city's West End two years ago learned that the suspect was a fellow officer, he tried to cover it up.
But Kaelen O'Connor's defense attorney said that his client did what he was supposed to do — refer the case to investigators to take it over.
Mr. O'Connor's trial on hindering and obstruction of justice charges began Tuesday before Allegheny County Common Pleas Judge Mark V. Tranquilli.
According to investigators, Jesse Smith called 911 May 3, 2017, just after 3 p.m. and reported that a man in a black Mercedes had pulled a gun on him as their cars traveled along Chartiers Avenue. Smith was able to provide a partial license plate number.
Mr. O'Connor, 32, was the first to respond. Using his on-board computer, he was able to match the partial plate to a black Mercedes registered to fellow Officer Robert Kramer, with whom he went to the police academy.
The car was registered to an address on Climax Street.
Other officers were dispatched there, but former Officer Raymond Toomey — who has since resigned following a controversial arrest in which he was accused of using excessive force — turned them away when they arrived. He told them the car wasn’t there, and neither was Officer Kramer, according to testimony Tuesday.
Mr. Toomey was also an academy classmate of both Mr. O’Connor and Officer Kramer.
Defense attorney William Difenderfer told the jury in his opening statement that Mr. O'Connor called Officer Kramer from the scene that afternoon and asked about the allegation.
Officer Kramer told him he was not involved and that he was far away at a Giant Eagle.
"His judgment call was 'I totally believe Kramer. He's not a suspect in this thing,'" Mr. Difenderfer said.
Based on what Officer Kramer told him, the attorney continued, Mr. O'Connor told Smith at the scene that the investigation would have to go to the detectives.
His client marked on the report "investigation to continue," Mr. Difenderfer said.
"There's no deep six."
But Assistant District Attorney Jon Pittman told the jury in his opening that when Mr. O'Connor submitted his initial report, he identified the suspect as an unknown white male, even though he knew it was Officer Kramer.
Mr. O'Connor also entered only a partial license plate from the incident, even though, by that point, he knew the full plate number from the black Mercedes involved, the prosecutor said.
The officer also didn't make any notation on the report for there to be a follow-up investigation.
"They know who the guy is, but he's a police officer, and they are going to cover it up," Mr. Pittman said. "So this case, from when the 911 call comes in and it's a big deal, it's a gun in a school zone, to when these officers clear and say this investigation is done, is less than a half hour.”
The officers didn’t do any follow-up work, the prosecutor continued, and it was only after Smith called a detective in the zone nearly a month later, that any movement was made on the case.
Mr. O’Connor was initially suspended without pay. He was later fired, according to Mr. Difenderfer.
Officer Kramer, who was fired but reinstated by an arbitrator, was charged with one count of simple assault, but a jury found him not guilty after deliberating for 45 minutes in September.
Last week, he sued the city, the mayor, the police chief and several officers, alleging slander, malicious prosecution, that he was cast in a false light, and that his due process and equal protection rights were violated.
Paula Reed Ward: pward@post-gazette.com, 412-263-2620 or on Twitter @PaulaReedWard.
First Published: May 14, 2019, 10:09 p.m.