By Gregory Korte and Jane Prendergast
The Cincinnati Enquirer

WEST END - Internal investigators could not determine whether a Cincinnati police lieutenant used a racial slur in a videotaped interview five years ago, according to a report released Monday.

As a result, City Manager Valerie Lemmie will not discipline Lt. Jeff Butler. He was accused of asking another officer, "Can you get my gun so I can lock up some (disputed word)?"

Nonetheless, Lemmie said she would direct Police Chief Tom Streicher to add a new offense to the department's disciplinary policy: "Members of the department shall not express, verbally or in writing, any prejudice or offensive comments concerning race, religion, national origin, life-style or similar personal characteristics."

The new policy will be punishable by a five- to seven-day suspension on the first offense, seven to 11 days on the second offense and possible dismissal on the third offense.

Councilman Christopher Smitherman, who had made the alleged incident a key part of his campaign for "racial reconciliation," called the report "disappointing."

"This was an easy call. At least affirm that he said what he said, and then we can move on," said Smitherman, who paid for his own consultant to analyze the tape. "You don't need titles or a Ph.D. to hear this tape."

Two independent analysts said they heard Butler use a racial slur on the 1999 videotape, but neither could say with absolute certainty. Butler denied using a slur, and the three other officers on the videotape - including then-Fraternal Order of Police President Keith Fangman - also said he did not use a slur.

Even if the finding were sustained, Lemmie said, the city's contract with the police union forbids the city from bringing discipline for alleged misconduct more than three years old.

Sgt. Harry Roberts, current president of the police union, agreed with the addition of racial epithets to the discipline policy. It's better, he said, to have it formalized and spelled out.

But he said the case should be a lesson, too, in an officer's constitutional right to be innocent until proven guilty.

"When you cannot prove someone guilty, you should not crucify them. Everyone deserves due process," Roberts said.

Butler declined to comment Monday.

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E-mail gkorte@enquirer.com and jprendergast@enquirer.com