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Former Sheriff Commander Secretly Recorded His Boss

DENVER (CBS4) - A former top administrator with the Denver Sheriff Department, Frank Gale, secretly recorded a phone call with his boss in which Interim Sheriff Elias Diggins told Gale he was fired "so they have a trophy they can hang on their wall. That's all they care about."

Elias Diggins
Elias Diggins (credit: Denver Sheriff's Department)

The recorded call was revealed Thursday morning during an appeals hearing for Gale. Gale was fired in January with the city saying he was fired for giving preferential treatment to a colleague who was arrested in a domestic violence case.

The Denver Manager of Safety's office accused Gale of providing favorable treatment and then lying about it.

In an exclusive interview with CBS4 in February following his termination, Gale said "They just said,'We need him gone, we'll figure out how to make it work later.'"

He claims city administrators wanted to fire him due to his leadership in a law enforcement union.

In testimony Thursday from interim sheriff Elias Diggins, Diggins said he had been friends with Gale for 20 years but had no idea he had been recorded.

Asked if he knew Gale was rolling tape, Diggins said "absolutely not."

He also testified that he recommended Gale be suspended for four days but safety officials overruled him and decided termination was the most appropriate course.

Diggins did not explain who the "they" were who wanted a "trophy they can hang on their wall." He went on to testify that he did not believe Gale was fired for his union involvement. However, Diggins said he was speaking the truth during the call where he was unknowingly recorded.

Gale told CBS4 he plans to file a federal lawsuit saying he was fired for exercising his First Amendment rights.

Records show the city fired Gale twice before -- once in 1991 for and again in 2000. In both cases he appealed and was reinstated.

The appeals hearing is scheduled to continue Thursday afternoon.

CBS4 Investigator Brian Maass has been with the station more than 30 years uncovering waste, fraud and corruption. Follow him on Twitter @Briancbs4.

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