A Beverly Hills police sergeant’s lawsuit against the city related to the death of singer Whitney Houston can move forward, a judge ruled today.
Sgt. Brian Weir alleged he was harassed and denied promotions for reporting a detective, Sgt. Terry Nutall, peeked at Houston’s nude body the night she died in a bathtub.
Los Angeles Superior Court Judge Gregory Alarcon rejected arguments by defense attorney Donald Samuels that Nutall never touched or disturbed the famed entertainer’s corpse at the Beverly Hilton Hotel, and that plaintiff Sgt. Brian Weir could not have believed he was witnessing a possible crime.
“There’s no indication that Sgt. Nutall moved the body from the place of death,” Samuels said.
Samuels said the only people who moved Houston’s body were the singer’s bodyguards and the paramedics.
But Weir’s lawyer, Christopher Brizzolara, scoffed at Samuel’s assertion. He said it is unlawful to disturb or move a decedent’s body without the coroner’s permission. He said that taking the sheet from her body was just as wrong as it would have been to take off her blouse.
“Any reasonable person would believe that what Sgt. Nutall did was illegal or should be illegal,” Brizzolara said.
Brizzolara said after the hearing that Weir was present at the scene because he was on a patrol that night and called to assist the first two officers to arrive.
Nutall, a forgery detective, had no business there, Brizzolara said.
Weir was on a fast ascent within the department’s promotional ladder before he reported Nutall’s alleged misconduct, Brizzolara said.
Houston, 48, was found submerged in a bathtub in her room at the Beverly Hilton on Feb. 11, 2012 — just before the Grammy Awards. The coroner’s office concluded she drowned accidentally, with heart disease and cocaine use listed as contributing factors.
Weir’s retaliation suit, filed March 10, alleges that Nutall knelt beside and leaned over Houston, removed the sheet covering her body and said, “Damn, she’s still looking good, huh?”
Nutall also made comments “to the effect and substance that (Houston) looked attractive for a woman her age and current state,” the lawsuit states.
Nutall’s alleged actions violated state or federal statutes that forbid disturbing or moving the body of a decedent without permission of the coroner and also presented potential DNA contamination issues, the lawsuit states.
In addition, Nutall “treated the dead body of the decedent in a way that Nutall knew would outrage ordinary family sensibilities,” according to the lawsuit.
The suit alleges that, after Weir came forward with his complaints about Nutall’s alleged conduct, he was removed from his positions with the SWAT and K-9 teams, removed from supervisory positions and denied promotions.
Weir also lost overtime opportunities, was denied training and was ostracized and harassed within the department, the suit states. Along with damages, Weir is asking to be restored to his SWAT and K-9 positions, which are considered coveted positions with the BHPD, the suit states.
Nutall has since been promoted to lieutenant, Weir’s suit states.
Trial of Weir’s case is scheduled July 20.
