Update: Judge Resets Spa Raid Sex Case to August 20

UPDATE: Judge Gary Sanderson has reset a hearing on a motion for an injunction filed by a Beaumont Police officer who was indefinitely suspended without pay for engaging in sex acts during an undercover investigation into prostitution.

The hearing was scheduled to begin Wednesday morning.  Judge Sanderson has reset the hearing for August 20.

In July, Detective Keith Breiner was suspended indefinitely without pay by Police Chief Frank Coffin.  He claims supervisors knew he was engaging in sex acts with the prostitutes and approved of his actions.  He's fighting his suspension in court.

Lieutenant David Kiker was also suspended indefinitely without pay. He has not spoken publicly about the allegations against him.

As KFDM News first reported in July, Ofc. Breiner claims supervisors knew he was engaging in sex acts with prostitutes at the Sun Spa and V.I.P Spa in west Beaumont and approved of his actions. He's fighting his suspension in court by seeking an injunction to prevent his termination. Breiner is seeking a trial by jury.

Lieutenant David Kiker was also suspended indefinitely. He has not spoken publicly about the allegations against him.

Documents released by the Police Department state the two officers were given city money for an undercover prostitution sting. In the documents, Chief Frank Coffin blasts the officers, saying their conduct was unprofessional and a discredit to the department.

In early May, Beaumont Police raided the Sun Spa on Old Dowlen Road and V.I.P. Spa on Calder.

It resulted in the arrests of two women and misdemeanor charges of prostitution against both.

One woman has already pleaded guilty and received probation.

Stay with KFDM News for the latest on the story.

(Previous story) 

KFDM News has learned a Beaumont police officer filed an injunction Thursday, contesting his indefinite suspension for having sex with a prostitution suspect during an undercover investigation, and in his first interview since the suspension, Detective Keith Breiner spoke with KFDM News about discussions he had with his wife prior to taking part in the investigation.

Lieutenant David Kiker was also suspended without pay for his role in the undercover operation.

In his first interview since his suspension, Breiner told KFDM News he was only doing the job he was asked to do by supervisors.

Breiner's attorney, Larry Watts of Houston, is seeking a temporary restraining order and temporary injunction to prevent his client's termination, and he's demanding a trial by jury.

Breiner says he had to take a deep look at his values, and talk about morality with his wife, before he agreed to take part in the undercover investigation.

But he also emphasizes this was not a regular case.

Breiner says after 16 years of service he would do anything that's asked of him.

And he says he was sought out by the Narcotics Division to help build a felony case against a prostitution ring.

In early May, Beaumont Police got search warrants for the VIP Massage Parlor and the Sun Spa in west Beaumont.

Breiner says supervisors spelled out the specifics of what they needed for the case, and he claims that included the possibility of engaging in sex acts with the suspects.

During part of the investigation, Breiner says he wore a microphone and says he documented everything for supervisors and the judge who signed the warrant.

In court documents filed Thursday, he claims supervisors gave him 60 dollars for a massage and $100 extra, knowing it would be needed to pay for sex, and Breiner said he was given more money and told to go back several times to help make the case.

The petition filed Thursday alleges Breiner was initially sent on April 8 to the Sun Spa, and was sent back on April 11, with $60 issued for a massage and $100 for a sex act.

The petition alleges it was decided on April 15, that the next step would require revisiting the massage parlors, secretly introducing tape recorders, and tape recording the sex acts. The petition also alleges it was decided that in order not to cause Breiner to be assigned to engage in multiple sex acts required to make a felony charge, a second officer would be enlisted. The petition alleges that led to the involvement of Lt. Kiker in the operations.

According to the petition, on April 15, both Breiner and Kiker were issued BPD funds for massages and sex acts, and with appropriate police cover, made the first team entry into Sun Spa, where each had a sexual encounter with a female employee, which each officer recorded. The petition alleges the officers were debriefed following the encounter and congratulated for not being identified.

The petition alleges the men were sent back to conduct the same type of operation, including a sex act in exchange for money, on April 23, April 29 and May 7.

According to the petition, detailed affidavits from Breiner and Kiker were presented to a District Judge in order to obtain search warrants, which were granted.

The petition alleges on May 12, a BPD Captain verified from Breiner that sex acts had been committed by Kiker and Breiner in making the criminal case, and that the Captain said she hadn't known about what transpired, and notified Breiner that the Chief of Police was upset and she might be compelled to file complaints against Breiner and Kiker.

The petition claims Breiner advised the Captain that supervisors had assured Breiner and Kiker that they hadn't violated the law.

According to the petition, on May 27, Breiner was notified that a complaint had been filed against him with BPD's Internal Affairs Division, alleging he'd acted unprofessionally in making the criminal charges against the prostitutes and the establishment.

The petition alleges on May 30, Breiner was denied his request to take a polygraph on the matter, specifically that he had been asked to perform the assignment and that he had been told that any sex acts performed by him as required to make the cases were expected, legal and permitted.

Breiner says supervisors told him he was the right person for the job because of his strong relationship with his wife.

However, he says the hardest part was telling his wife about the investigation.

"How do you tell her? You don't tell her, you ask her. And you explain what the situation is. I was dedicated to that department. I've always been dedicated to that department, my job, my career. There have been no tasks not completed that I've been asked to do. We sat and spoke about it, and came to a conclusion that our relationship is strong enough to be able to handle an undercover operation of what it is. It is what it is," says Detective Breiner.

The Beaumont Police Chief says he can't comment while the case is being appealed.

The Beaumont Police Department doesn't have specific written guidelines for undercover operations involving prostitutes.

There will be a hearing involving Breiner and the Beaumont Police Department on August 12 in Judge Gary Sanderson's courtroom.