Police Chief Frank Coffin testified that he does not believe the story of the officers that they were told to have sex by superiors and strongly contests that such sex is needed to make the case — the latter point is certainly proven by other jurisdictions that regularly prosecute without prostituting officers.
If he thought that sex was needed to prosecute, Breiner certainly gave it his all. He admitted to engaging in manual stimulation, oral sex and vaginal penetration with women at two spas.
When Assistant City Attorney Joseph Sanders asked Breiner if he enjoyed having sex with the women, Breiner first shrugged and then responded “If you are asking if I had an orgasm, yes. It was a job, sir, I didn’t have pleasure doing this. I was paid to do it.” Well, that would make two people paid to do it.
Notably, Breiner insisted that he has remained faithful to his wife despite having sex with prostitutes:
“I am true to my wife, period.”
Remarkably, his wife agrees here.
Now, that is one understanding spouse.
The suspension case will address the long-standing issue of the duty of an officer to decline an order to engage in illegal conduct. Even if true, Breiner’s superiors generally do not have authority to order an officer to engage in prostitution service any more than they could approve illegal drug use or an unlawful shooting. There are some who insist that drug use can be approved in some circumstances. However, the majority rule appears to limit such use to situations where drug use is needed to protect the life of an undercover agent. The prostitution bust is not nearly as dire a circumstance.
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