A Green Tree police officer facing a two-day suspension and psychological evaluation for an e-mail he sent his chief called the punishment "arbitrary, capricious and discriminatory."

Officer Charles Kern appeared before the borough's civil service commission last night to challenge the recommended discipline. He did not have a lawyer and instead represented himself.

The e-mail in question was sent in response to one that Green Tree police Chief Andrew Lisiecki wrote to all officers in his department following the May 1 death of former state Supreme Court Chief Justice Ralph Cappy at his home.

Chief Lisiecki was upset that information about the judge's death had reportedly leaked from his department.

The retired judge was found dead at his Green Tree home that evening by U.S. Magistrate Judge Lisa Pupo Lenihan, according to a Green Tree police report written by Officer Kern.

When police responded to the scene -- following Judge Lenihan's call to 911 -- she refused to provide her name or any identification, his report said.

Further, the officer's report continued, Judge Lenihan called him "a jerk" repeatedly and said she wanted to speak with the borough mayor -- and a friend of Justice Cappy's -- Vince Abbato, whom she had already called.

Mr. Abbato later arrived at the house and, at Judge Lenihan's request, called an attorney to the scene for her.

Justice Cappy died from coronary artery disease.

On May 4, Chief Lisiecki sent an e-mail to the officers and administrative staff reminding them that when they take reports, the information is to remain confidential and is not to be released to anyone without his permission.

He said at the hearing last night that the e-mail was prompted by a number of media calls and inquiries from the public about what happened at Justice Cappy's home on the night of his death.

Information had been leaked, he said, but he didn't know by whom. He was told the leak was in his department.

Two days after the e-mail was sent, Officer Kern responded with his own message saying that the mayor and his friends at the scene had made calls to various people.

"[Do] you really think that everyone of those people there kept their mouths shut as to the fact that [Judge Lenihan] found him? To tell the truth, I could care less [who] found him. I'd treat that incident the same for anyone," Officer Kern wrote. "If the mayor is trying to cover up to save face, then shame on him."

The chief said the e-mail was out of line and cited Officer Kern with eight departmental violations, including being insubordinate, insolent and disrespectful.

"I would expect the officer to address the issue and not go off on a tangent," Chief Lisiecki testified last night. "I believe the e-mail was inappropriate. I believe the tone was harsh. I believe it was derogatory toward me."

Officer Kern said that the e-mail was a confidential message sent from him only to his chief. He said Chief Lisiecki should not have shown it to the borough mayor and council members.

Officer Eric Diehl, who was called to testify by Officer Kern, said that he, too, was offended by what he called the "accusatory tone," of Chief Lisiecki's e-mail.

Instead of responding in a message, Officer Diehl went to the chief in person to discuss it.

"I felt the e-mail was directed to Officer Kern and myself," said Officer Diehl, who was not disciplined for responding to the chief's e-mail.

Throughout his hour of testimony, the chief said that Officer Kern had a history of using poor judgment and showing emotion in his work.

"A police officer has to be able to control his temper and his anger," said Chief Lisiecki, who was hired this past winter. He believes the psychological evaluation is necessary to reveal if the officer has any tendencies to be violent.

During his cross-examination of the chief, Officer Kern recounted an early meeting with the department when the chief told his officers that if ever an issue arises with an officer, it would first be handled verbally, and if it could not be resolved, a written disciplinary report would be issued.

"Why wasn't I ever afforded that opportunity?" Officer Kern asked.

"Because of your prior disciplinary record," the chief responded.

Officer Kern received a written reprimand in 2006 for speaking inappropriately to a lieutenant in the department.

The commission is not expected to reach a decision on the case for several weeks.

Officer Kern wanted to call witnesses from the evening of May 1 but commission members would not allow it, saying that it wasn't relevant.

About two dozen members of the community attended last night's hearing. During a break, Adele Bonassi, who ran for mayor in 2005, said she believed the hearing was not progressing fairly.

"He's being crucified," she said. Earlier, she called the hearing a "kangaroo court."