More than a year before a state inquiry uncovered evidence of misconduct within the Metro Gang Strike Force, a former Strike Force member informed his supervisors of improper evidence handling and illegal activity within the unit, but they ignored his pleas and then retaliated against him, he claims in a lawsuit.

Sgt. Kelly O'Rourke, who works for the Minneapolis Police Department, filed a whistle-blower lawsuit Monday against the city of Minneapolis. A decorated officer, he alleges he was removed from the Strike Force a few weeks after he went up the chain of command within the unit and the Minneapolis Police Department to inform supervisors of unprofessional handling of evidence and a failure to follow basic procedural safeguards.

In recent months, the Strike Force was disbanded after a state probe, and now the FBI is investigating possible criminal activity within the unit, including theft of seized evidence.

On Monday, O'Rourke also denied a recent news media report that he used an ice auger seized by Strike Force officers and then returned it to the unit. His attorney, Patrick Burns, said that somebody within the Police Department had leaked O'Rourke's name to WCCO-TV, again in retaliation for his whistle-blowing. Scott Libin, the station's news director, said the station has reviewed its report and stands by it.

O'Rourke, 34, has not been interviewed by officials conducting the state probe or by the FBI, Burns said.

He is now a member of the Minneapolis Police Department's Violent Offender Task Force. He was also lead investigator on a case credited two years ago with taking down one of Minneapolis' most notorious gangs, the Rolling 30s Bloods, when he was with the Strike Force.

O'Rourke has been with the Police Department since 1998 and has received the department's Award of Merit, Medal of Commendation and Medal of Valor. He also has been arrested for driving under the influence, and he hosted a party that led to the firing of two off-duty Minneapolis police officers after they shot their guns out of a vehicle and were driving drunk. O'Rourke wasn't disciplined in that case.

"Sgt. O'Rourke has no problem talking to the FBI, even though he's not part of the federal investigation," Burns said. "He has nothing to hide."

According to the suit filed in Hennepin County District Court, O'Rourke was assigned to the Strike Force in August 2006. Early on, he said he became concerned with the lack of professional handling of evidence and other basic procedural safeguards at the Strike Force, the suit claims. He talked to his Strike Force supervisor, who advised him to document case evidence in the same manner as the Minneapolis Police Department.

A change in supervisors

Then a new supervisor, Minneapolis Police Lt. James Heimerl, took over. Heimerl was less engaged in supervising Strike Force officers and less responsive to his concerns about evidence handling and other procedural safeguards, the suit claims. The remedies O'Rourke obtained in dealing with these issues under his previous supervisor "quickly began to unravel," the suit says.

O'Rourke was promoted to sergeant in August 2007 and supervised six Strike Force members. He started to give Heimerl regular oral reports about his continuing concerns with Strike Force policy, specifically how property was seized and accounted for, the suit says. He told Heimerl that Strike Force policy and procedures were violating state and federal law, according to the lawsuit.

In December 2007, O'Rourke says he confronted Heimerl after he transferred a Strike Force officer back to the Minneapolis Police Department even though O'Rourke had given the officer a high performance review. When O'Rourke repeated his concerns about illegal activity, Heimerl responded belligerently, the suit says.

Believing no action would be taken, O'Rourke contacted Minneapolis Police Capt. Otto Wagenpheil, Heimerl's direct supervisor in the department.

A campaign of retaliation?

Wagenpheil didn't return O'Rourke's telephone calls for a period of time, then responded with an e-mail that directed him to "follow the chain of command," the suit says. Approximately three days later, O'Rourke was told that he was being transferred back to the Police Department. No reason was given.

Heimerl and Wagenpheil didn't return a reporter's calls on Monday, and a city spokesman said neither of them could comment on pending litigation.

The suit also alleges that since his transfer back to the department, unnamed officers have carried out a campaign of retaliation, including the leaking of O'Rourke's name to the news media in connection with the auger.

The auger incident was highlighted in a report by Andy Luger, a former assistant U.S. attorney, who headed the state's recent investigation with retired FBI agent John Egelhof. No name was mentioned in their report, only the fact that the auger went missing from the Strike Force's evidence room. The officer in charge of the case threatened to obtain a search warrant for the home of the officer who took the auger, and it was anonymously returned to the Strike Force, Luger said.

"Any allegation against Sgt. O'Rourke is patently false," Burns said.

Some 10 or 12 Strike Force members in the 34-member unit engaged in criminal activity, including taking home seized property for personal use, Luger said two weeks ago in announcing the results of the state probe. That information has been turned over to the FBI, and Luger said he will inform local law enforcement agencies this week if any of their officers were involved in misconduct. Minnesota Legislative Auditor Jim Nobles, whose office also found similar misconduct during its investigation, said they had no knowledge that O'Rourke had expressed concerns to his superiors.

O'Rourke is now working undercover, which Burns said wouldn't be allowed if the Police Department had concerns about his police work.

David Chanen • 612-673-4465

By DAVID CHANEN dchanen@startribune.com More than a year before a state inquiry uncovered evidence of misconduct within the Metro Gang Strike Force, a former Strike Force member informed his supervisors of improper evidence handling and illegal activity within the unit, but they ignored his pleas and then retaliated against him, he claims in a lawsuit. Sgt. Kelly O'Rourke, who works for the Minneapolis Police Department, filed a whistle-blower lawsuit on Monday against the city of Minneapolis. A decorated officer, he alleges he was removed from the Strike Force a few weeks after he went up the chain of command within the unit and the Minneapolis Police Department to inform supervisors of unprofessional handling of evidence and a failure to follow basic procedural safeguards. In recent months a state probe has led to the disbanding of the Strike Force, and now the FBI is investigating possible criminal activity within the unit, including theft of seized evidence. O'Rourke on Monday also denied a recent media report that he used an ice auger seized by Strike Force officers and then returned it to the unit. His attorney, Patrick Burns, said that somebody within the police department had leaked O'Rourke's name to WCCO-TV, again in retaliation for his whistle-blowing. Scott Libin, the station's news director, said the station has reviewed its report and stands by it. O'Rourke, 34, has not been interviewed by officials conducting the state probe or by the FBI, Burns said. He is now a member of the Minneapolis Police Department's Violent Offender Task Force. He was also lead investigator on a case credited two years ago with taking down one of Minneapolis' most notorious gangs, the Rolling 30s Bloods, when he was with the Strike Force. O'Rourke has been with the Police Department since 1998 and has received the Department's Award of Merit, Medal of Commendation and Medal of Valor. He also has been arrested for driving under the influence, and he hosted a party that led to the firing of two off-duty Minneapolis police officers after they shot their guns out of a vehicle and were driving drunk. O'Rourke wasn't disciplined in that case. "Sgt. O'Rourke has no problem talking to the FBI, even though he's not part of the federal investigation," Burns said. "He has nothing to hide." According to the lawsuit filed in Hennepin County District Court, O'Rourke was assigned to the Strike Force in August 2006. Early on, he said he became concerned with the lack of professional handling of evidence and other basic procedural safeguards at the Strike Force, the suit claims. He talked to his Strike Force supervisor, who advised him to document case evidence in the same manner as the Minneapolis Police Department. A change in supervisors Then a new supervisor, Minneapolis Police Lt. James Heimerl, took over. Heimerl was less engaged in supervising Strike Force officers and less responsive to his concerns about evidence handling and other procedural safeguards, the lawsuit claims. The remedies O'Rourke obtained in dealing with these issues under his previous supervisor "quickly began to unravel," the lawsuit says. O'Rourke was promoted to sergeant in August 2007 and supervised six Strike Force members. He started to give Heimerl regular oral reports about his continuing concerns with Strike Force policy, specifically how property was seized and accounted for, the lawsuit says. He told Heimerl that Strike Force policy and procedures were violating state and federal law, according to the lawsuit. In December 2007, O'Rourke says he confronted Heimerl after he transferred a Strike Force officer back to the Minneapolis Police Department even though O'Rourke had given the officer a high performance review. When O'Rourke repeated his concerns about illegal activity, Heimerl responded belligerently, the lawsuit says. Believing no action would be taken, O'Rourke contacted Minneapolis Police Capt. Otto Wagenpheil , Heimerl's direct supervisor in the department. A campaign of retaliation? Wagenpheil didn't return O'Rourke's telephone calls for a period of time, then responded with an e-mail that directed him to "follow the chain of command," the lawsuit says. Approximately three days later, O'Rourke was informed he was being transferred back to the Police Department. No reason was given. Heimerl and Wagenpheil didn't return a reporter's calls on Monday, and a city spokesman said neither of them could comment on pending litigation. The lawsuit alleges that since his transfer back to the department, unnamed officers have carried out a campaign of retaliation, including the leaking of O'Rourke's name to the media in connection with the auger. The auger incident was highlighted in a report by Andy Luger, a former assistant U.S. attorney, who headed the state's investigation with retired FBI agent John Egelhof earlier this year. No name was mentioned in their report, only the fact that the auger went missing from the Strike Force's evidence room. The officer in charge of the case threatened to obtain a search warrant for the home of the officer who took the auger, and it was anonymously returned to the Strike Force, Luger said. "Any allegation against Sgt. O'Rourke is patently false," Burns said. Some 10 or 12 Strike Force members in the 34-member unit engaged in criminal activity, including taking home seized property for personal use, Luger said two weeks ago in announcing the results of the state probe. That information has been turned over to the FBI, and Luger said he will inform local law enforcement agencies this week if any of their officers were involved in misconduct. Minnesota Legislative Auditor Jim Nobles, whose office also found similar misconduct during its investigation, said they had no knowledge that O'Rourke had expressed concerns to his superiors. O'Rourke is now working undercover, which Burns said wouldn't be allowed if the Police Department had concerns about his police work. David Chanen • 612-673-4465