A Los Angeles County Superior Court judge examines case a year after the initial hearings as part of an appeal filed by Dorner. Judge David P. Yaffe said he was “uncertain whether the training officer kicked the suspect or not” but nevertheless upheld the department’s decision to fire Dorner, according to court records reviewed by The Times.
LAPD records show that Dorner’s disciplinary panel heard from several witnesses who testified that they did not see the training officer kick the man. The panel found that the man did not have injuries consistent with having been kicked, nor was there evidence of having been kicked on his clothes. A key witness in Dorner’s defense was the man’s father, who testified that his son told him he had been kicked by police. The panel concluded that the father’s testimony “lacked credibility,” finding that his son was too mentally ill to give a reliable account.
Dorner claims he was railroaded by the LAPD and unjustly fired. His allegations have resonated among the public and some LAPD employees who have criticized the department’s disciplinary system, calling it capricious and retaliatory toward those who try to expose misconduct.