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CMPD officer involved in fellow officer’s discrimination case against department sues DA

CHARLOTTE — The Charlotte-Mecklenburg police officer who was involved in fellow officer Michael Tinsley’s discrimination case against the department is suing the district attorney.

In the lawsuit, Aimee Aquino said her constitutional rights were violated when the DA issued a Giglio letter against her “without procedural or substantive due process.” A Giglio letter means Aquino’s credibility is not reliable and therefore, she is unable to testify in court.

[PAST COVERAGE: Jury rules city discriminated against former CMPD officer based on sex]

Aquino argued that it is essential to her duties as a law enforcement officer to be able to testify in court. After Tinsley won his gender discrimination claim at trial, the lawsuit said Aquino had continued on with her career for the next two and a half years. Her duties included testifying in court. (The city of Charlotte later appealed the jury’s decision in Tinsley’s case and won.)

It was after that two and a half year period, in Nov. 2018, that the DA’s office issued the Giglio letter, the lawsuit said. As a result of that decision, she was cited for termination and eventually, was unemployed while she waited for her case to be brought before the Civil Service Board.

Aquino had her Civil Service Board hearing in July 2021. The board decided on a 90-day suspension instead of termination and reinstated her employment.

According to the lawsuit, the DA told Aquino he believed her testimony in the Tinsley case to be true. But despite that, the DA still has not rescinded the Giglio letter, a letter which Aquino argues has no proper basis. The letter makes her unemployable as a law enforcement officer, she said.

The lawsuit also said despite the DA’s decision to issue the letter, the office has not reviewed any prior cases resulting in convictions in which Aquino was a witness, even though her credibility has been called into question.

Channel 9 reached out to the DA’s office for comment. A representative said as of noon Monday, the office had not yet been served and even so, would not be able to comment at this time because the lawsuit is pending litigation.

Charlotte wins appeal in multi-million dollar discrimination lawsuit

In May 2021, the city of Charlotte won its appeal in Tinsley’s multi-million dollar discrimination lawsuit.

In 2019, a jury found that CMPD discriminated against former Officer Michael Tinsley based on his sex when he was fired after 16 years on the job.

[DOCUMENT: Tinsley’s original complaint and the city’s filing denying the claims]

A jury awarded him $125,000 and a judge said the city owed him $1.6 million in back pay and retirement.

The city was also set to pay thousands in attorney fees.

The city appealed the decision and that verdict was overturned, with the Court of Appeals vacating all damages.

Statement from City Attorney Patrick Baker:

“We are very pleased with the decision of the Fourth Circuit Court of Appeals to vacate the original judgment for the Plaintiff and further to remand the matter with instructions to enter judgment for the City of Charlotte. I would also like to thank attorney Lori Keeton for her outstanding advocacy on behalf of the City of Charlotte in this matter.”

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