Source: San Diego Union Tribune, Los Angeles Times
SAN DIEGO – A judge declared a mistrial Monday in the case of four San Diego firefighters who claimed they were sexually harassed during the 2007 gay pride parade.
The jury of six men and six women deliberated for four days before telling Superior Court Judge Michael Anello that they were unable to reach a verdict in the case.
One juror told the judge that she felt the panel could have reached a verdict on the sexual harassment claim if given more time, but City Attorney Mike Aguirre, who was defending the city in the suit, wanted the panel to declare whether it was deadlocked.
Anello agreed with Aguirre, and when the jurors said that they were, in fact, deadlocked, Anello declared the mistrial.
A juror told reporters the jury was split 8-4 in favor of the firefighters, one vote short of the nine needed to decide a civil case, Los Angeles Times reports.
The firefighters "were put in a situation that went against their morals," said juror Helene Matthews, who voted in favor of the firefighters.
"For me, I believe it was a win because we stood up for what we believe in," said firefighter John Ghiotto. "It was never about any money from the city."
Ghiotto and three other firefighters -- engineer Jason Hewett and firefighters Chad Allison and Alex Kane – said they were ordered to ride on a truck as part in the parade, despite their objections.
They said they were then subject to sexual catcalls, simulated sex acts among men wearing nothing but briefs, and lewd comments and gestures during the parade, according to LiMandri.
After the event was over, the four complained about their experience to the San Diego Fire-Rescue Department, the Union Tribune reports.
Their lawsuit asked for unspecified damages, but lawyer Charles LiMandri, who represented the firefighters in the suit, told jurors in his closing argument that each firefighter deserves between $500,000 and $1 million.
Aguirre said the four deserve nothing because they failed to prove they suffered any lasting damage. After the lawsuit was filed, Fire Chief Tracy Jarman changed the department policy to make participation in parades voluntary.
Anello set Jan. 16 for a possible retrial, Los Angeles Times reports. "I believe we will ultimately prevail," LiMandri said after Anello declared a mistrial.
Although unable to decide on the sexual harassment claim, the jury did reject by an 11-1 vote a claim by one of the firefighters, Jason Hewitt, that he received a negative job review in retaliation for the lawsuit, LA Times reports.
Source: Mistrial declared in firefighters' gay-pride parade suit | San Diego Union Tribune
Mistrial declared in San Diego firefighters' harassment suit | Los Angeles Times