Former Haines Borough Police Department officer Kevin K. Kennedy on Aug. 15 was convicted of interfering with a constitutional right under color of law, a class A misdemeanor, reduced from an earlier charge of felony perjury.
Judge Thomas Nave in Juneau District Court sentenced Kennedy to pay $50 and complete 80 hours community work service and a year of probation.
Kennedy was charged with perjury following his June departure from the Haines department. He had been an officer in Haines since January 2009.
The perjury charge resulted from Kennedy’s November 2010 arrest of a 52-year-old Haines man for driving under the influence of alcohol and misconduct involving a weapon in the third and fourth degrees. All three charges eventually were dismissed.
The charging documents from Juneau District Court said Kennedy conducted a breath test on the man and then was obligated by Alaska Statute “to clearly and expressly inform the driver of his right to obtain an independent chemical test” but “forgot” until a few hours later.
Kennedy allegedly lied under oath during a January administrative hearing. He testified the driver initially declined an independent chemical test, and Kennedy said after the man reconsidered, the test was delayed due to the unavailability of an on-call physician.