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Washington police reviewing incident involving officer at county jail

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Washington officials are reviewing an incident that occurred Memorial Day weekend when a city police officer allegedly handcuffed and attempted to arrest a female jail captain who refused to accept his prisoner because the prisoner had a medical condition.

The jail captain, Wendy Harris, Tuesday filed a writ of summons in Washington County Court indicating her intent to sue Officer Joseph Moore, the city and the police department, alleging police misconduct.

Alicia R. Nocera, one of Harris’ attorneys, declined to elaborate but said Wednesday, “Right now, we’re in the investigative stage. … If I could give you more information now, I would.”

Nocera said she could not confirm or deny details about a jail incident, but she said Harris is still on the job as a jail captain.

According to several sources, Harris refused to accept Benjamin Burgess, 34, of Washington, because he had a pre-existing medical condition.

According to court records from a previous case from late April, Burgess had been scheduled for brain surgery in mid-May to repair an aneurysm that resulted from a car accident.

Burgess was at the jail after his arrest at approximately 10:20 p.m. Sunday, May 27, for driving under the influence and other charges.

Moore disagreed with Harris’ requirement Burgess first see a doctor, so he placed her in handcuffs to arrest her, sources said.

It was unclear under what law Moore may have sought to charge Harris. No charges were filed.

Burgess did not return a call asking about his recollection of what occurred.

The Washington County Prison Board, which oversees the jail, held a closed session for “personnel” during its June 6 meeting.

When the board reconvened, it took no action. The next day, the Observer-Reporter filed a request with the county under the state’s Right-To-Know law for any video recording of the jail incident. Washington County Chief Clerk Cynthia Griffin responded Tuesday but invoked a 30-day extension, putting off a determination until July 12 at the latest.

“Washington County makes every effort to comply with the Right-to-Know law,” she wrote in an email.

Washington County Commission Chairman Larry Maggi, who also chairs the prison board, said Wednesday, “Because we understand there’s an investigation, I can’t say anything. My understanding is the city police are conducting an internal investigation.”

Warden Edward Strawn said Thursday he had no comment.

Washington police Chief Robert Wilson said Thursday Moore is still working and two city police detectives have been “assigned to review the incident.”

“We’re aware of the incident that occurred in the jail,” he said Wednesday. “I will await the findings of that review before I make any additional comments.”

Mayor Scott Putnam had a similar statement regarding the incident.

“The city of Washington takes all allegations of police misconduct seriously, and we are working with county officials to review the situation and the police procedures used the night of the incident,” he said. “I’m awaiting the police department’s review of the incident before making further comment.”

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