Phillips’ attorney John LaRosa walked the chief through the charges, refuting them point-by-point. On the charge of improperly maintaining evidence, Phillips said he had vastly improved the system in place when Milton hired him. He testified he renovated an unused safe for storage, but efforts to improve the system were hamstrung by budget restraints.

LaRosa asked Phillips why he was unable to implement a computer-based evidence-tracking system, paid for by more than $2,000 in grant funds. Phillips said there was an unexpected incompatibility issue between the software and police computers – which he said he was trying to resolve when the town suspended him March 10.

When town attorney Tasha Marie Stevens cross-examined Phillips, she grilled the chief on his pistol qualifications and the documents he shredded hours prior to his suspension. Phillips said he was certified on both the Glock .40-caliber pistol and the Smith & Wesson 9 mm he used as sidearms. Stevens said the records kept by firearms officer Lt. John Cornwell, retrieved by private investigator Gordon Bowers, do not corroborate the chief’s claims.

“I’m sorry Bowers is not equipped to pull those out,” Philips responded pointedly. “Somewhere in that building is all that paperwork, yes ma’am.”

Stevens asked Phillips about the document shredding, mentioning surveillance camera footage that shows the chief and his wife feeding documents into a shredder and ferrying boxes of material to Phillips’ truck.

Phillips said the shredding was routine, and the materials he took from his office were personal records, not town property.

Many of Stevens’ questions were met with an “I don’t recall” or “I’m not sure how to answer that” from the chief. Concluding her cross-examination, Stevens said, “You haven’t been sure how to answer a lot of my questions, thank you.”

“Well, your questions have been pretty confusing, to be honest,” Phillips shot back.

The hearing lasted until 6:30 p.m., adjourning periodically. Milton residents crowded into the volunteer fire station, lugging coolers and boxed lunches. Most stayed for the entire hearing.

In a surprise move, Stevens called Town Manager George Dickerson to the stand. LaRosa protested, but Stevens proceeded with her examination.

Phillips has maintained that Dickerson holds a grudge against him. At the previous hearing, Phillips accused the town manager of sexual misconduct involving his secretary. Taking the stand, Dickerson denied the allegation and said he has little to do with police affairs.

“I don’t really know what goes on at the police department, other than budget issues,” he said. “Chiefs of police are very good at spending money – they’re not very good at saving money.”

Dickerson accused Councilwoman Rhonda Abraham and Vice Mayor Leah Betts of conducting an unauthorized investigation of the sexual misconduct rumor. He offered to take a lie-detector test.

“If you think this is true, I would take a polygraph at will. That offer is on the table today,” he said.

When Betts returned fire, Dickerson suggested polygraphs for the whole council.

“I’d like to,” Betts said, prompting applause from the audience.

During their closing arguments, both sides hung their cases on Vann v. Town of Cheswold, a 2008 Supreme Court case establishing just cause for terminating an employee. LaRosa said nothing in the 17 charges added up to just cause; Stevens said the witnesses called and evidence displayed clearly exhibited just cause.

“This is our chief of police,” Stevens said. “He not only has to be a person of integrity, he has to appear to be a person of integrity.”

Phillips’ suspicious behavior, she said, projects impropriety instead of integrity.

“If you can’t observe the most seemingly insignificant policies,” she said, “I can’t imagine you trusting this person to follow policy when it really counts.”

LaRosa insisted that nothing in the town’s charges, which he called trumped-up, constitutes just cause. He attacked the town for hiring Bowers, who LaRosa called a disgraced state policeman.

“You want to fire your chief of police?” LaRosa said. “I say you should fire your private investigator and have an internal investigator look into this at no taxpayer expense.”

In LaRosa’s denial of just cause lurked the threat of a lawsuit, should Milton choose to dismiss Phillips. LaRosa previously said a lawsuit ruling in Phillips’ favor could cost the town more than $500,000.

During the hearing, Councilwoman Joan Martin-Brown bluntly asked Phillips if he planned to sue Milton.

“I haven’t made any plans, no,” said Phillips.

Town officials are scheduled to meet at 4:30 p.m., Wednesday, Aug. 19, at the volunteer fire station. They will deliberate Phillips’ employment and might decide to either reinstate or fire the chief.