By Jane Prendergast
Enquirer staff writer

The city of Cincinnati might not have to rehire one of the officers fired for lying after the death of Roger Owensby Jr. if a judge's Wednesday ruling stands.

The city won its request for Hamilton County Common Pleas Judge Fred Nelson to vacate an arbitrator's previous decision that ordered the city to rehire Victor Spellen. Spellen admitted he lied in 2001 while testifying about Owensby's 2000 asphyxiation death and was fired last year.

But an arbitrator ruled in December that Spellen should be reinstated and the termination reduced to a three-day, unpaid suspension. Spellen has remained off work pending the city's appeal.

Sgt. Harry Roberts, president of the Fraternal Order of Police, said Wednesday the union will appeal the judge's ruling to a court "that's not so much affected by local politics.''

The city argued that the arbitrator used "his own brand of industrial justice'' in reinstating Spellen and that it was "contrary to public policy favoring honest officers.''

Chief Tom Streicher has complained that his inability to fire a dishonest officer could hurt future criminal prosecutions if the officer testifying was portrayed on the stand as a liar.

The city plans also to appeal an arbitrator's order that fired Officer Patrick Caton be rehired. He was one of two officers prosecuted, but acquitted, in Owensby's death.

Caton was fired in 2003, but the arbitrator said in May he was owed 15 months of back pay and benefits. He failed to give first aid to Owensby, the arbitrator wrote, and failed to notify a supervisor of the use of force. But evidence was contradictory and insufficient to prove the other allegations, which included excessive force, she wrote.