Miami Herald - Sunday, December 17, 1995
Elaine De Valle, Herald Staff Writer

Only one of Peter Zecchini's assertions that fellow officers consistently failed to back him up while on patrol was substantiated. But investigators concluded that that officer did so unintentionally.

Officer Ken Matthews failed to respond to a call at 530 Meridian Ave. on Sept. 2, the report states, "But there is no indication of intent. He was interrupted by a tourist. He will be disciplined for his failure to respond to the call."

Zecchini resigned from the 288-officer department Dec. 1 after he was ordered to return to patrol after having been assigned desk shifts, he said. He had been taken off the streets and assigned to the front desk after he complained in October that other officers were failing to respond to his requests for help.

"They assumed that because Jose has AIDS, I have AIDS, too," Zecchini said, referring to his partner of 13 years, who was diagnosed with HIV in 1991.

Zecchini, who has been tested several times, said he has not contracted HIV. Nevertheless, he feels fellow officers have diagnosed him themselves and are hesitant to work with him. He said he was forced to resign because he was in danger while "alone" on patrol.

"It was like a death sentence," Zecchini said. "Without backup, I was unsafe out there."

Shortly after his resignation, Zecchini amended a prior complaint to the Equal Employment Opportunity Commission to include his allegations that fellow officers had left him in harm's way.

Police Chief Richard Baretto has denied Zecchini's accusations.

Zecchini started his law enforcement career 16 years ago with the Coast Guard. After serving with the South Miami Police Department for almost five years, he came to the Miami Beach force in 1989 for higher wages and the opportunity of advancement.

Zecchini's attorney, Loring Spolter, said he plans to sue the city for violating Zecchini's rights under the American With Disabilities Act.

"He is discriminated based on a perception that he has HIV, and he is discriminated based on his having a relationship with someone who has AIDS," Loring said.

The suit against the city would have to wait until Spolter receives a response from the EEOC, which could take up to six months, he said.

Spolter is working on a contingency basis, which means he will earn a percentage if Zecchini is awarded damages. Meanwhile, Zecchini is raising funds for filing fees, private investigators and other expenses.

At a fund-raiser at Warsaw Ballroom two weeks ago, Zecchini raised a little over $1,000.

Ambrose Sims -- another openly gay officer on the force who has served as a liaison to the gay, lesbian and bisexual community -- said he wasn't aware of the specifics of Zecchini's EEOC complaint, but that he wasn't surprised, either.

"There certainly has been enough training, but any institution has human beings as far as prejudice," Sims said. "Every institution has people who are prejudiced and homophobic. I feel there's prejudice everywhere."

CAPTION: PHOTO Peter Zecchini (a).
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