Superior Court Justice Raymond J. Brassard signed the decision, reaffirming the town and the Civil Service Commission's ruling to terminate Myers, who was video-taped working at his wife's pizzeria, Capone's in Pembroke.

"This Court decision represents a significant victory by the Town in its defense of its decision to terminate Officer Myers from his employment for abusing his sick leave," said Town Counsel Bob Troy.

Attempts to reach Myers and his attorney Douglas Louison before press time were unsuccessful. However, during a hearing before the Civil Service Commission in December 2004, Louison defended his client, saying that Myers had spoken to Police Chief Mark DeLuca in the past about the job at the pizzeria.

"Years earlier, the chief had given him permission to work outside [at the restaurant] and on previous occasions�he'd gotten permission through the department to get leaves of absences to do so," said Louison. "He acted accordingly to that permission."

During the hearing in 2004, Louison added that a doctor selected by the town said twice that Myers couldn't return to work, even for light duty, and that his client never claimed to be infirm or not able to walk, but merely unable to perform those duties.

"His own doctor said he had a bulging disk and the town doctor did as well," said Louison. "The fact that he is standing around at the restaurant doesn't [change] the issue. That videotape doesn't supercede a medical provider's opinion."

Myers brought the appeal before the Superior Court after the Civil Service Commission confirmed the town's actions to suspend him for three days from the force and eventually fired him in 2003.

Myers said he was injured after he and other officers responded to a house party in town on June 1, 2002. While on the scene, Myers said he suffered injuries as he tried to subdue an intoxicated individual.

According to court documents, X-rays showed a back injury and Myers' physician wrote a note to DeLuca stating that Myers would be unable to work until June 27.

Court documents showed that from the time period of July 1 and 15, Myers was scheduled for 10 shifts of which he never reported for duty. He instead took seven sick days and three vacation days.

DeLuca suspended the 20-year veteran for three days without pay for abuse of sick time, citing the July incident and also Myers' use of 12 sick days between Nov. 13, 2001 and March 26, 2002. Myers was also ordered to show a physician's note for any sick days thereafter.

Then on July 22, 2002, Myers used a recommendation from his physician to apply for a leave of absence due to his injury according to court documents. This request was granted the following day.

However in September, DeLuca was informed that Myers had been seen working at his wife's pizza parlor. DeLuca hired a private investigator, who produced video tape of Myers taking orders, serving customers and disposing of trash.

Court documents showed that Myers continued to work at Capone's, even though he had refused to return to the department to do light duty, like answering the phones. By working at Capone's, Myers violated a rule of the collective bargaining agreement that states officers on paid line-of-duty injury leave of absence are required to seek approval from the chief before participating in a private enterprise, according to the Court's decision.

The Court's decision also states that DeLuca asked the town's physician to evaluate Myers. Although, this doctor said Myers was not fit to return to the department even for light duty, Myers did not inform the physician to what extent he was working at Capone's, according to the decision.

It is estimated that Myers collected $43,000 in salary while on his yearlong sick leave. DeLuca contacted then town manager Rocco Longo. After a hearing and a review of Myers' personnel file, Longo ordered Myers be terminated from the force.