A lawsuit was filed against the representative of the Fraternal Order of Police, which represents the officers of the Cincinnati Police Department.
Kathy Harrell is being sued for $12,000, money she allegedly received in September 2009 from the former Cincinnati Organized and Dedicated Employees union president, Diana Frey.
Frey was convicted in July of stealing more than $750,000 in CODE money.
She claimed she also gave Harrell $12,000. Harrell said it was a personal loan that Frey could afford.
As it turns out some three years later, the money came out of CODE's bank account.
"It was written on a CODE account from Fifth Third Bank, so that's not in dispute," said Jonathan Saxton, the attorney for CODE. "There will be no question about that. The question is whether any of it has been repaid and whether it was repaid to CODE."
"She paid the overwhelming majority of it back, $10,000 of the $12,000 owed," says Mike Allen, Harrell's attorney."
Another issue in dispute is whether Harrell knew where the money actually came from.
"My client had no idea that money came from a CODE account," Allen insisted. "She was told by Frey that it was personal money. That's what she relied upon."
So, did Frey ever tell Harrell the money came from the union account?
"[We have] testimony from Diana Frey that Ms. Harrell was aware at the time that the check was obtained from the bank that it indeed came from our or the CODE bank account," says Saxton.
Allen doesn't think Frey's statement will hold much weight in court.
"That is the word of a union president against a convicted felon," said Allen. "If I were a jury, if I were a judge, I certainly know what person I would believe."
Saxton was less concerned about the interaction between the two woman, and more focused on the money itself.
"Our issue is that it was from our bank account. It was written from our account and that check was given to Ms. Harrell and hasn't been returned as of yet. None of it has come back to CODE."
Allen says Harrell has paid back about $10,000 of the $12,000 and he says she has receipts, but that she paid it to Frey, thinking she was paying back a personal loan.
Will that count? And, will it matter if she paid most of it back but to the wrong place? A civil court will decide.
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