Misuse of Power.
D E M I G O D
Albany-- Judicial panel looking into arrests following incident with Cheryl
Coleman
By BRENDAN LYONS, Staff writer
First published: Tuesday, May 20, 2003
http://www.timesunion.com/AspStories/
The state Commission on Judicial Conduct is investigating the arrests of
four Orange County women who got into an argument with City Court Judge
Cheryl Coleman during a rock concert at the Pepsi Arena.
Coleman flashed business cards showing her title as a city judge during the
altercation, and the women claimed they were brought to Albany County jail
despite being able to post bail.
The four women were seated near Coleman and her boyfriend, Larry Walley,
during a Bon Jovi concert March 1. They were arrested and charged with
harassment after Coleman complained to a police officer as the entire group
was being escorted from the arena by security officers.
City Court Judge William A. Carter arraigned the women the morning after the
concert and set bail for each at $1,000 cash or bond. Records filed in court
listed "Judge Cheryl Coleman" as the complainant and gave her address as
"Room 209, City Hall."
Criminal charges against the four -- Bonnie Alicea, Deborah and Kathleen
Pollard, all 32, and Jacqueline McDonough, 28 -- were dropped by prosecutors
on May 8.
Coleman paid them each $7,500 as part of an out-of-court civil settlement to
prevent future litigation. The judge also issued an apology after the
criminal charges were dropped, saying: "I realize now that identifying
myself as a judge to four highly agitated young women was not only unwise
but highly inappropriate. In doing so, I compromised not only my own dignity
but that of the office I hold, and for that I apologize."
But the women contend they were never "agitated" and that Coleman's
boyfriend initiated the confrontation when he allegedly pushed McDonough and
caused her to injure her ankle as she danced in an aisle and blocked their
view of the stage. As an argument ensued, one of McDonough's friends went to
get a security guard.
In a signed statement to detectives, Coleman explained why she took out her
card showing her title as a city judge.
"I ... took out a business card of mine and handed it to her and told her to
do herself a favor and read it and that she'd understand why she should stop
with her behavior," Coleman's statement says.
On May 9, a day after the criminal charges were dropped, investigators with
the state judicial commission interviewed the four women for several hours
in Albany. Commission investigators also visited City Court several weeks
ago asking questions about the case, court officials said.
According to the women, investigators asked them about the incident at the
concert, the circumstances of their arrest outside the arena and the series
of events that ended with them being driven in a police wagon to Albany
County jail the following morning. They spent several hours at the jail
before being released on bail.
The women said they told the judicial commission investigators how they were
jeered by city police officers while being kept in a holding cell and that
another officer said they were being taken to jail -- even though they were
able to post bail -- to "teach you a lesson."
"It was traumatic to me. I'm certainly not completely over it," said Alicea,
32, who lives with her husband and 4-year-old son in Middletown. "I
certainly hope that Cheryl has learned a lesson and that this will never
happen to four other girls. This incident has made me lose faith in the
justice system."
Kathleen Pollard, who is married and lives in Wallkill, said she and her
friends never initiated a civil lawsuit or asked for money and that the
monetary offer was made by Coleman's attorney, Larry Rosen. It includes
$7,500 for each of the women, plus $2,000 for McDonough, who was treated for
an ankle injury that night at Albany Medical Center Hospital.
"We were offered this money, an apology and a full dismissal if we would
waive our rights for a future lawsuit," Pollard said. "Our attorney advised
us that this was the best option, so reluctantly we did sign. The money
never played a role in our decision; the only motive in accepting the offer
was to secure our dismissal on the criminal charges."
It's not clear what action the judicial commission might take or whether the
investigation has been completed.
By law, the commission's proceedings are confidential unless it's determined
that a judge should be admonished, censured, removed or retired, or if the
judge has waived confidentiality. The commission has the authority to
initiate its own investigation on the conduct of a judge -- on or off the
bench. Under the state constitution, the commission may determine that a
judge be admonished, censured or removed from office under certain
circumstances, depending on the severity of the conduct.
Coleman did not return a telephone call Monday seeking comment.
A former defense attorney and Albany County prosecutor, Coleman was
appointed to a City Court judge vacancy in January 2002. Later that year,
she was elected to a full 10-year term in the post, which pays $113,900
annually.
--
This was your desire. And here I am now, always to be with you
as a worst nightmare. Because I will hold YOU to the contract of
your choice, which you coerced me to sign, but unwilling to keep.
DEMIGOD