Openly gay LAPD cop gets a retrial

The LAPD's first openly gay police officer will get a new trial on his claims that he was the victim of retaliation and sexual orientation discrimination during his second tour of duty with the department, one of his lawyers said today.

Los Angeles Superior Court Judge James R. Dunn ruled that Mitchell Grobeson should have a new trial on grounds of misconduct by a juror who admitted pre-judging the case and eventually voted in favor of the city, attorney Theresa Traber said.

"We're very happy because we feel vindicated," Traber said. "We felt the verdict was a very unfair result when it came in."

When the female juror's admissions of bias are taken into account -- as well as the fact that the jury voted 9-3 in favor of the city on most of the issues when the verdict was reached four days before Christmas -- the unfairness to Grobeson was apparent, the lawyer said.

In civil trials, nine of the 12 members have to agree for a verdict to be reached.

The impartial juror had made her feelings known to a fellow panel member and later said the same thing to Laura L. Faer, an associate attorney of Traber, she said.

Grobeson had sought up to $4.4 million in damages, as well as reinstatement to the LAPD by Dunn. The judge denied the reinstatement motion before granting the new trial, but Traber said it is now likely that issue will have to be revisited.

By appearing at recruiting events and gay pride parades in uniform without permission, Grobeson gave the appearance he was a spokesman for the LAPD, which so angered his bosses that he was ordered out of his uniform at one parade, Frank said.

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