Wife Faults Screening of Hubbard : Litigation: In two claims filed against the city, the spouse of former officer convicted of rapes and attempted murders says police did not delve deep enough into his personality.

The wife of Henry Hubbard Jr., a former San Diego police officer convicted in August for a series of beach rapes and murder attempts, has accused the city and the Police Department of negligence for not screening Hubbard from police work.

“The city of San Diego, through its Police Department, officers and agents, did not properly evaluate Mr. Hubbard, did not take steps to prevent the potential danger to himself and others, and did not properly evaluate his progress, or terminate his employment prior to his commission of violent felonies,” the claims state.

By not discovering his problems and then hiring him as a police officer, the city placed Hubbard into an “environment of violent criminal activity which caused him to commit violent actions of his own,” according to the claims.

Two claims were filed a week ago on behalf of Karen Hubbard, Henry’s wife of eight years, and their 2-year-old daughter, Samantha. Karen Hubbard is asking for unspecified damages.

Henry Hubbard, who was sentenced last month to 56 years in prison, should have been weeded out of the department in October, 1986, the claim says, after tests showed an extremely high level of paranoia. Hubbard was hired in December, 1986.

Karen Hubbard discovered the unusual test scores last June, after testing by Richard Levak, a clinic psychologist in Del Mar who interviewed Hubbard at length following his arrest.

San Diego police officers must take two series of written tests: the 567-question Minnesota Multiphasic Personality Inventory that measures emotional stability and the California Psychological Inventory, a 460-question test that measures assertiveness and social skills.

They also must undergo a clinical interview that covers their life history. No psychological testing is done once an officer is hired.

“If you look at the results of Henry’s Hubbard’s October, 1986, testing, there are certain, let’s say, red flags that could have been brought to the attention of any pre-screening officer,” said attorney Jeffrey S. Schwartz, who is representing Karen and Samantha Hubbard. “There were areas that should have been discussed and followed through with.”

The claims against the city must be pursued before a lawsuit can be filed. The claims list the names of three police employees whom Karen Hubbard says may be responsible for allowing her husband to be hired.

Lt. Melvin Maxwell, who once was the chief investigative officer for pre-employment screening; Sgt. Harold Sutton, Hubbard’s supervisor at the northern patrol station, and Officer Donna Dormann, his supervisor at the police academy, were all named in the claim.

Police Chief Bob Burgreen and Asst. Chief Bob Thorburn, who is in charge of personnel matters, did not return calls for comment Tuesday.

Michael R. Mantell, who held the contract to do psychological testing at the time Hubbard was hired, also could not be reached for comment.

Russell Gold, who now holds the contract, said that, although he could not comment on the Hubbard case, “psychological screening and testing is not perfect.”

“We know we fail some people who would go on to be good police officers and pass some people who should not be officers,” Gold said. “There is no way to avoid the false negatives and the false positives.”

In the process, however, he said, many are screened out who do not belong in the department.

Since Hubbard was hired, the department has added a three-question essay test that deals with ethical situations.

Hubbard was sentenced last month to six years for each of eight violent sexual assaults that occurred on the beach last summer from La Jolla to Solana Beach. Wearing a ski mask, he often preyed on couples, tying up the men before raping the women.

At his sentencing, Levak testified that the 30-year-old Hubbard was a paranoid overachiever who punished his victims as a way to get back at his overbearing, alcoholic father, who physically abused Henry’s mother.

Hubbard’s paranoia could have been spotted through tests, Levak testified, but the problem is “easily missed. Had he been interviewed deeply about his jealousy and feeling of paranoia, he may have spilled the beans, and this terrible tragedy may have been avoided.”

Schwartz said there is significant case law that deals with negligent hiring practices, which he will use if the family decides to file a lawsuit.

“There was enough warning available through the supervision and hiring process,” Schwartz said. “Had that happened, the victims--including Karen and her daughter--would not have to live with this the rest of their lives.”