LAPD BRASS UNDER INVESTIGATION; ATTORNEY SAYS 2 COMMAND OFFICERS BROKE RULES WHILE ON DISCIPLINARY BOARD.

Byline: Patrick McGreevy Daily News Staff Writer

The LAPD is investigating allegations that two command officers, including one being promoted to deputy chief, acted improperly as members of a police disciplinary board.

Some involved in the case are furious that Police Chief Bernard C. Parks is promoting one of the accused officials, Maurice Moore, before the internal investigation is finished.

They said the promotion reflects a double standard under Parks' administration of the department.

``I'm very disappointed,'' said Lawrence J. Hanna, the Sherman Oaks attorney who filed the complaint against Moore and Capt. Brad Merritt, chief investigator with the LAPD's Internal Affairs Division.

Cmdr. David Kalish, the department's chief spokesman, denied the presence of dual standards and said that although Parks announced Moore's promotion two weeks ago, it does not become official until Dec. 1.

``The chief is well aware of the situation,'' Kalish said. ``The chief believes that Maurice Moore is the most qualified candidate of those eligible for deputy chief.''

The allegations arose from a disciplinary hearing against Officer Briget Aviles, whom Hanna represents. According to the complaint, one of the accused officials tried to intimidate a witness and both talked privately about the case with the department prosecutor, which Hanna said would violate department policy if true.

LAPD Officer Don Lint, who is Aviles' department-assigned defense representative, also expressed disapproval of what he said appears to be a double standard.

``If there is an investigation,'' Lint said, ``you don't get promoted, you don't get transferred, your whole career is on hold. But if you are command staff the rules are different. They already promoted him, which says they don't take (the complaint) seriously.''

Moore, who was chairman of the three-member Board of Rights, declined comment. Merritt did not return calls for comment.

Hanna's allegations are under review but the chief does not believe they will result in misconduct charges,Kalish said.

``The investigation is continuing but the initial analysis of the review indicates that there is no alleged misconduct,'' Kalish said.

He said the LAPD sees the allegations are not wrongdoing but procedural issues raised as part of a Board of Rights hearing. They will likely be addressed as part of any appeal Hanna might file after a board ruling, Kalish said.

Lint said his suspicions of a whitewash became stronger when LAPD Inspector General Katherine Mader turned the investigation over to the Internal Affairs Division, even though the allegations involved the chief investigator with the Internal Affairs Division.

``They are going to investigate their own boss,'' Lint said. ``That doesn't make any sense. They are whitewashing the whole thing as if it doesn't matter.''

Moore has already taken over his new job as special assistant to the chief of police, and Parks has publicly announced that his promotion to deputy chief will take effect Dec. 1.

Aviles, the officer who was the subject of the Board of Rights hearing, was accused of sending threatening notes to herself to make it look like someone else was threatening her.

Hanna's complaint was put in formal form Aug. 18 by Police Commission Inspector General Katherine Mader, who wrote to Hanna that complaints can take a year to investigate.