A Green Tree police officer is facing a two-day suspension for insubordination after accusing the borough's mayor of interfering in the investigation of the May 1 death of retired state Supreme Court Chief Justice Ralph Cappy.

Officer Charles Kern was cited for an e-mail he sent to the police chief, in which he criticized both Mayor Vince Abbato and a federal magistrate judge for their behavior at Justice Cappy's home the night that he died.

The police chief recommended a suspension and psychological evaluation for Officer Kern, saying that his conduct was inappropriate and insubordinate.

But Officer Kern, a 12-year veteran of the department, has challenged the punishment. He was to have a public hearing before the Green Tree civil service commission last night, but the hearing was postponed to Aug. 27, and instead both sides held a pre-trial conference.

Officer Kern has attempted to subpoena as witnesses a number of people who were at Justice Cappy's home that night, including U.S. Magistrate Judge Lisa Pupo Lenihan. The borough has challenged that request, saying that what happened at the incident isn't relevant. The commission has not yet made a decision if the witnesses will be allowed.

Green Tree police were called at 7:09 p.m. on May 1 by a woman saying that she found a man unresponsive at his home. Officer Kern was sent to the scene. When he arrived, according to the police report, he found a woman he later learned was Judge Lenihan outside on her cell phone.

After determining that Justice Cappy was dead, Officer Kern asked the woman who she was. She said she was a friend of Justice Cappy, according to the report. Shortly after that exchange, the report said, Mr. Abbato called Justice Cappy's cell phone. Judge Lenihan told the police to answer it because she had called him. He later arrived on the scene.

In the meantime, Officer Kern again asked Judge Lenihan if she had her driver's license. She said, "No, I don't think so," according to the report, then said she wanted to speak to an attorney. Officer Kern told her he needed to document who found Justice Cappy, the report said, but she walked away toward her car.

"I followed and advised Lenihan that she needed to return to the living room. She then began to argue with me and called me a 'jerk' repeatedly." She then became "very angry," and said she would talk to the mayor when he arrived, according to the report.

The Allegheny County homicide unit was called and detectives arrived about 8:30 p.m.

Justice Cappy's death was caused by coronary artery disease, according to the Allegheny County medical examiner's office.

Three days after the incident, Green Tree Police Chief Andrew Lisiecki sent an e-mail to his officers, scolding them for spreading stories around the community.

"I have received calls from the media and citizens of the borough concerning the recent passing of one of its residents and the activities that had occurred at that location," the chief wrote.

He wrote that releasing information without permission was a violation of the department's rules and would not be tolerated.

Two days later Officer Kern e-mailed a response, saying that the mayor and others at Justice Cappy's house that night made multiple cell phone calls.

"If the mayor is trying to cover up to save face, then shame on him. What [upsets] me most is that a federal magistrate refuses to give a law enforcement officer her information, and a mayor shows up and tells her he'll call an attorney for her, and a chief of police is detoured from a much more important memorial service to what should have been a simple natural death report."

Nearly two weeks later, on May 19, Officer Kern received a disciplinary report listing eight violations of department policy, including his oath of office, code of ethics and his duties and responsibilities as a member.

The chief wrote that Officer Kern's language was "insubordinate, immoral and irrational," and that it could destroy the community's confidence in its patrolmen.

The chief specifically referred to events at Justice Cappy's home.

"The second part of your e-mail disturbs me in that you imply that the magistrate refused to give a law enforcement officer her information. In fact, neither I, Officer [Eric] Diehl, nor the Allegheny County homicide detectives had any problem getting any information off of her after we explained the need for it, and we were able to obtain this information without threatening to put her in cuffs and arrest her."

The chief noted Officer Kern had been disciplined in 2006 and 2007 and recommended the suspension and evaluation, which the borough council approved unanimously June 8.

Mayor Abbato said he couldn't talk about the situation.

"I recused myself from this incident," he said. "I'm totally out of it because of the deceased being one of my closest friends."

But at last night's meeting, Officer Kern accused the mayor of violating Green Tree policy.

"Under the borough charter, the mayor is in total and full control of the department," he said. "He violated our policy and procedure by getting a person of interest in a potential homicide investigation a lawyer."

Judge Lenihan did not return phone calls seeking comment.