Defense: Harvey nitpicked

Newport Beach police Sgt. Neil Harvey loved being right, and, it would seem to some, almost to a fault, one of his superiors testified in court Wednesday.

According to Lt. Tom Gazsi, often Harvey would be found in his office, municipal, penal and vehicle code books spread across the floor for reference as he reviewed his subordinates’ work looking for errors. Harvey wouldn’t aim to teach officers mistakes in their reports by pulling them aside and talking, Gazsi told officers. Instead, he went through formal procedures, which created the impression he was belittling them instead of helping them.

If that wasn’t enough, Gazsi testified, Harvey often sought reassurance that his choices were right from colleagues and lieutenants, which made him come off as lacking self confidence, which is vital to gaining a promotion in the department.

Gazsi’s statements were just a few among a long line of lieutenants and captains Newport Beach defense lawyers have paraded onto the stand in recent days, most of whom say Harvey is a good man, but not qualified to promote to lieutenant after 18 years in the position.

Harvey is suing Newport Beach and its former chief, Bob McDonell, claiming that false rumors of his sexuality over the years and its undermining of his leadership held his career back.

Defense attorneys wrapped up their case with possibly their strongest argument: testimony from an attorney who in 2006 investigated the very same claims Harvey is charging now.

Sergio Bent, tapped by the city in 2006 to investigate whether rumors of Harvey’s sexuality or reporting other officers’ misconduct had tainted his chances for promotion, concluded that Harvey’s concerns were unfounded.

Bent interviewed the police chief and various other officers in his investigation, and no one corroborated Harvey’s claims that people thought he was gay, Bent testified. He also questioned Harvey’s credibility, telling jurors that Harvey tended to take statements and actions out of context to support his own claim.

In an uncharacteristically heated cross-examination by Harvey’s attorney John Girardi, Bent tried to defend what Harvey and his lawyers considered to be an incomplete investigation.

Several people Bent interviewed for his investigation in 2006 were left out, including former Officer Rachel Hall, video producer Kendra Duerst and Sgt. John Hougan, who supported Harvey’s claim that rumors he was gay were prevalent.

Newport Beach Police Department employees named more than 20 officers and staff members they’ve heard refer to Harvey as gay over the years, they testified. Defense attorneys maintain that the rumor was not as prevalent as it seemed, and lieutenants considering Harvey for promotion based their reviews solely on his performance, not on rumor and innuendo.

Closing statements in the case are scheduled to begin Friday morning.

Reporter JOSEPH SERNA may be reached at (714) 966-4619 or at [email protected].