- Schenectady Informants Are Vital -
ofr...@hotmail.com
Date: Sep 18 2000 08:14:53 EDT
From: "ofr...@hotmail.com" <ofr...@hotmail.com>
Subject:
- Schenectady Informants Are Vital -
SNITCHES COME WITH A PRICE
Police Say They Can't Fight Drug War Without Them
Wearing a hooded jacket so his face was obscured, the 34-year-old man
slid into the back seat of the patrol car and laid down on the floor
so he couldn't be seen from the street.
Police Sgt. Michael Hamilton pulled away from the curb and drove
through darkened downtown streets as the man, still lying in the back
of the car, reeled off addresses of suspected drug houses. Hamilton
jotted down the information before stopping in front of the
informant's home to let him out.
"You need us,'' the man reminded the cop as he climbed out of the back
seat. "You need us, Michael.''
He's right.
In fact, prosecutors and police have become dependent -- addicted,
some critics say -- to confidential informants, those shadowy figures
who snitch on their criminal colleagues, mostly in return for cash or
leniency. As the war on drugs has escalated in recent years, so has
the use of confidential informants. In some cases, police are using
testimony from confidential informants as a shortcut to a conviction.
It's easier than the painstaking process of collecting other evidence.
But this dependence is making the criminal justice system vulnerable
to challenge from defense attorneys. A panel of federal judges ruled
recently that providing leniency for testimony amounted to bribery,
giving defense attorneys a potent weapon in challenging cases based on
confidential informants.
"Many (police) departments are getting more calls than they can deal
with,'' said E. Michael McCann, district attorney in Milwaukee County,
Wis., and former chairman of the American Bar Association's Criminal
Justice Section. "So you inevitably resort to as efficient a system as
possible.'' That means snitches.
The use of these confidential informants isn't new. What is new is the
frequency with which they are used. Credit the war on drugs and
stronger forfeiture laws -- which help pay snitches -- for the
expansion.
In Albany City Court, for example, 93 percent of the search warrants
in drug cases this year are based on information from snitches. That
was up from 1988, when CIs provided information in 35 of 44 search
warrants for drug cases, or 80 percent.
Law enforcement agencies throughout the Capital Region will give these
shadowy figures at least $60,000 this year in return for information
about drug dealing and other crimes. Nationally, the payroll for
informants nearly quadrupled between 1985, when it stood at $25
million, and 1993, when it had reached $97 million, according to a
1995 National Law Journal series.
The Albany office of the U.S. Drug Enforcement Administration paid
$12,530 to CIs for information and services in the year ending Sept.
30, 1992. That amount is more than double this year.
"Big money has prostituted the process,'' said Hugo A. Rodriguez, a
Miami-based federal public defender and former FBI agent. "The result
is we have a system where we've made everyone a Judas.''
Defense attorneys have long argued that many of these informants are
criminals who will say anything for cash or leniency, raising
questions about the credibility of their information. And to keep
confidential informants on the front lines police sometimes give their
favorite snitches a break when they get in trouble with the law.
"In many instances, you are dealing with a reptile in sheep's
clothing,'' said Terence L. Kindlon, an Albany defense attorney.
But lots of cops and prosecutors swear by confidential informants,
saying the war on drugs couldn't be waged without them. Dealers have
little problem identifying cops no matter how well disguised they are.
So police have no choice but to turn to unsavory characters in their
efforts to combat drugs.
"The Mormon Tabernacle Choir was a little too busy to come out and
make buys for us,'' Albany Detective Timothy J. Murphy deadpanned.
And, police and prosecutors insist, they are careful to verify the
information snitches give them. Any informer who they suspect is
continuing a life of crime, authorities say, is dropped.
Schenectady officials noted that in 1996 and 1997, working with the
DEA, they snared 150 defendants on drug and drug-related violence
charges. Confidential informants helped in about half of those cases.
In fact, the man lying on the back seat of Hamilton's car made
undercover buys and provided information leading to about 30 of those
arrests -- good information, police said, with 90 percent of the cases
so far resulting in guilty pleas.
But a recent federal court decision in Colorado is raising troubling
questions about how dependent prosecutors and cops had become on
informants. A three-judge panel ruled that offering leniency in
exchange for testimony amounts to bribery.
Albany Law School Professor Daniel G. Moriarty predicts the so-called
Singleton decision will be overturned. "It's unthinkable judges would,
out of the blue, turn the system on its ear,'' he said.
But, Moriarty said, "It does serve to focus society's consideration on
the problem of relying too heavily on untrustworthy witnesses.'' The
decision shook up the law enforcement community, he said, "because
everyone knows there's a glimmer of truth in what the judges are
saying.''
Police and prosecutors say the system generally works because there
are checks and balances to prevent abuses. "We never take anything as
gospel,'' Murphy said.
Police say they cross-reference information and check details. And if
an informant is going to buy drugs on behalf of the cops, police
perform a strip-search before and after the transaction, keep the
informant under surveillance, and send the informant in wearing some
sort of hidden recording device so the deal is done on tape.
Prosecutors' cases are threatened, legal experts say, if they don't
ensure that their cases are backed up with more than testimony from a
snitch.
"If all you had was a snitch testifying, you'd never get any
convictions,'' said Thomas J. Neidl, a defense attorney who used to
prosecute drug cases for the Albany County District Attorney's office.
"They build the case around that, corroborate that. I've never used
just a snitch, even in the old days.''
But the incentive for the informant is to provide useful information,
sometimes so a criminal can save his or her hide. "Leniency -- that's
the coin of the realm when you are a criminal,'' said McCann, the
Wisconsin prosecutor.
Rodriguez said the federal government instituted "Draconian'' drug
laws in 1987 that provide harsh sentences with one escape hatch -- "to
be a rat for the government.''
Kindlon said, "If you are looking at, say, five years in prison and
not as an abstract proposition but as being there and being someone's
girlfriend, and a police officer says, 'I'm looking for information on
X, and if you help me out, I'll help you out.' Well, then miracles
begin to happen.''
One of Hamilton's informants apparently received at least some
benefit. A woman who served as an informant in the past said she would
provide valuable information if Hamilton would help her out on a
charge of driving with a suspended license.
"It paid off in a big way,'' Hamilton said. Using information from
this informant, police charged three people with dealing drugs and
seized 200 bags of heroin, along with two ounces of cocaine. "She has
given me some nice arrests,'' Hamilton said.
In exchange, Hamilton talked to the district attorney's office about
the information the woman had provided. Department of Motor Vehicle
records show the informant had been convicted of aggravated unlicensed
driving three times. The first time, she was sentenced to seven days
in jail, the second time she was fined $275, and the third time she
was fined $200, records show.
She was later charged with selling drugs, when another law enforcement
agency grew suspicious of her activities. Hamilton dropped her as an
informant. "If they are helping us arrest drug dealers and they're
doing the same thing, they're on their own,'' Hamilton said.
Officers don't have the power to guarantee charges will be dropped,
but they can put in a good word with prosecutors, who will often put a
case on hold to see if an informant comes through with valuable
information.
Rodriguez contended that some cops and prosecutors are getting lazy.
Police can use undercover officers from other jurisdictions, so crooks
won't recognize them, he said, but they turn to informants because
it's easier.
"Before, they did it the old-fashioned way,'' Rodriguez said. "They
just went out there and hit the streets. You meet people, talk to
people and put in an undercover agent when necessary. Just watch (the
movie) 'Donnie Brasco' to see how they did it.''
But that kind of leg work takes time and effort, and many police
departments are already struggling to keep up with the drug trade in
their borders.
One case locally that raised questions about the way confidential
informants are handled is career thief Gary Evans, who twice worked as
a police informant before admitting earlier this year that he had
killed five people, including two before he was first signed up to
work as an informant.
Evans, who admitted to chopping up one man's body with a chain saw,
was already one of the area's most notorious criminals before he made
a dramatic escape from a prison van, leaped from a Hudson River bridge
and plunged to his death Aug. 14.
Critics claimed cops coddled Evans and questioned whether he would
have been in prison, rather than free committing murder, if he hadn't
helped police.
"Gary Evans is the poster boy for what's wrong with confidential
informants,'' Kindlon said.
Police say they never suspected Evans was a murderer when they used
him as an informant, and once he became a murder suspect, they hunted
him down and got him to confess to homicides that otherwise would have
gone unsolved.
"Hindsight is great,'' State Police Capt. John A. Byrne said. "On Dec.
7, did they know the Japanese would bomb Pearl Harbor?''
Evans received money for the tips he provided cops, police say. He
first worked as an informant in May 1991 when he contacted State
Police Investigator James D. Horton, who had arrested Evans before and
was then working on a regional drug task force. "He approached me out
of the blue,'' Horton said. "He wanted to see if he could make some
money.''
As part of a sting operation, Evans arranged to sell $36,000 worth of
marijuana to a man who was suspected of being a Troy drug dealer. The
man was never charged with a crime, but police seized a paper bag
containing $36,000, and Evans received $2,700 for his work, Horton
said.
Evans helped police again in 1994 when he volunteered to enter jail to
gather information that ultimately helped convict Jeffrey D. Williams
for the abduction and murder of Karolyn Lonczak. "Evans again
approached me and offered the scenario of going to jail,'' Horton
said. "He was against violence against women.''
Evans did not receive anything in exchange for testifying against
Williams, Horton said. "That was a freebie,'' he said. "We made up
charges and put him in a cell next to Williams and he got
admissions.''
Kindlon, who represented Williams, claims Evans was lying when he
testified about a supposed jailhouse confession by Williams, and he
questioned whether Evans did, in fact, cooperate as a "freebie.''
"He never did nothing for nothing,'' he said.
"I'm not holding police officers responsible for the murders, but
Evans couldn't have done the murders if he was locked up, and he
should have been locked up more,'' Kindlon said. "He wasn't in jail
because he could play the system like a fiddle. He was like the
supreme weasel.''
Byrne said police arrested Evans numerous times and he served time for
the charges. "If he does his time and is released, we can't control
that,'' he said.
After getting information on Williams and leaving jail, Evans stole a
rare leather-bound book of John James Audubon lithographs. He was
eventually sentenced to 27 months in federal prison for charges
related to the Audubon book, but before being sentenced, Evans
testified against Williams in May 1995.
Horton said Evans' testimony was not critical to Williams' conviction.
And
after finding out about the stolen lithographs, Horton said he told
Evans:
"We're done. You broke the rules. While you are working with us, you
can't
be involved in criminal activity.''
Three years later, Horton began to suspect Evans had murdered a
Saratoga Springs man, Timothy W. Rysedorph, who was last seen alive
with Evans.
"I had no idea, of course, he was involved in these murders,'' Horton
said. "I never would have used him if I had.''
It was those suspicions that prompted Horton and other police to track
down Evans and arrest him. His suicide leap came while he was in
custody after that arrest.
Police say informants are providing a service that most people
wouldn't want to have anything to do with. "Would you walk into a
hell-hole crack house to buy $25 worth of crack?'' Murphy asked.
"It's an unpalatable way of doing business,'' McCann acknowledged.
"People don't like to see guys get a break. But you make an assessment
that it's worth the trade-off to give a guy a break to get a higher-up
guy. Like any other judgment, there are going to be people who
disagree.''
-------------------------------------------------------------------
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- Outlaw Frog Raper -
Schenectady Copwatch
The schenectady copwatch mailing list contains archived
posts from anywhere regarding police abuse.
Read The Archives Online at:
http://www.listbot.com/archive/Schenectadycopwatch
To subscribe to the SchenectadyCopwatch mailing list:
http://Schenectadycopwatch.listbot.com/
(518) 356-4238
news:alt.thebird.copwatch
news:alt.law-enforcement
news:nyc.general
ofr...@hotmail.com
Date: Sep 19 2000 19:28:29 EDT
From: "ofr...@hotmail.com" <ofr...@hotmail.com>
Subject:
- Schenectady Cop Admits Guilt On Federal Charges -
Barnett pleads guilty, makes deal
Schenectady officer implicates former partner
"This is a classic way federal prosecutions work. They cut a deal with
someone in exchange for
cooperation."
Michael L. Koenig
Defense attorney for Michael J. Siler
By LAURA SUCHOWOLEC and MATTHEW ROY
Gazette Reporters
UTICA - A Schenectady police officer pleaded guilty to extortion and
drug charges Monday and
said that he and another officer took crack cocaine from a suspect and
gave it to an informant as a
reward.
Under the terms of his plea bargain, Police Officer Richard D. Barnett
has agreed to cooperate with
prosecutors in an ongoing federal investigation into the Schenectady
Police Department. But the
terms of Barnett's cooperation agreement were sealed by a judge Monday.
Barnett will lose his job based on the felony plea, according to the
city's legal counsel.
U.S. Attorney Daniel J. French said, "He [Barnett] admitted that on
Aug.
3 [1999] while in uniform
working as a Schenectady police officer, he approached an individual on
the street, obtained drugs
from that individual, did not arrest that individual nor turn those
drugs in to the Police Department.
He admitted that he took those drugs and supplied them to another drug
dealer as a reward for
helping provide information on drug dealers."
Barnett implicated a fellow officer, his former partner, Michael J.
Siler, in the events that led to their
federal indictments last month.
But Siler continues to maintain his innocence and does not intend to
cooperate with prosecutors,
according to his lawyer.
"I don't view today's plea by Richard Barnett as a crushing blow or
even
a minor blow. He did not
just plead guilty, he entered into a deal," said Albany attorney
Michael
L. Koenig, who represents
Siler. "We don't know the terms of the deal but they will be fully
questioned and explored during
cross examination."
"This is a classic way federal prosecutions work. They cut a deal with
someone in exchange for
cooperation," Koenig said. "The problem with every such deal is that
the
cooperation is at the
discretion of the government which means more often than not that the
witness will testify as the
government desires."
Barnett appeared in U.S. District Court in Utica Monday morning and
gave
a short account of what
happened. The court appearance was in Utica because that is where the
judge who is assigned to
the case, U.S. District Judge David N. Hurd, is based.
On Monday, Barnett admitted that he and Siler approached a suspected
drug dealer, "threw that
person against the police vehicle, instructed the person not to move
and
then proceeded to go
through the person's pockets where they recovered a chunk of
approximately 3.5 grams of crack
cocaine," federal prosecutors said.
"Barnett admitted that he drove the Schenectady police vehicle a short
distance then stopped on a
street nearby, at which time the co-defendant [Siler], who was seated
in
the passenger seat, gave
some crack cocaine to a person as a reward for providing information
about criminal activity in the
area," according to a press release issued by the U.S. attorney's
office.
Barnett addressed only the single transaction involving the 3.5 grams
of
crack cocaine. Prosecutors
would not discuss the scope of the investigation.
"I can't comment on that," French said. "There certainly is a larger
investigation into any credible
allegations of misconduct by Schenectady police officers."
The FBI, together with high-ranking members of the Police Department,
have been conducting an
investigation into the department since August 1999. The charges
against
Barnett and Siler are the
only ones so far from that investigation, which was sparked by
complaints that black residents were
being mistreated and abused by some officers.
Police Chief Gregory T. Kaczmarek said that some ranking officers in
the
department have been
unfairly derided by the police union for participating in the
investigation.
"This kind of supports the work of assistant chiefs [William] Grasso
and
[Michael] Seber and Lt.
[Jack] Falvo," he said. "They've been wrongly criticized and subjected
to feelings of ill will that were
unwarranted . . . Obviously, they were doing the right thing." He
added,
"I think this kind of sheds a
new light on things."
Mayor comments
"The bad news is a member of our Police Department pled guilty to these
felonies," said Mayor
Albert P. Jurczynski. "The good news is the investigation moves
forward,
and the truth is coming
out."
"Naturally, I want to see the investigation completed," he continued.
"But not until it's run its course.
The sooner it's run its course, the better. But we want to make sure
it's truthful."
Both Barnett and Siler, 32, are charged with extortion and possessing
with the intent to distribute
crack cocaine, both felonies.
Barnett, who pleaded guilty to both charges Monday, faces a maximum of
20 years in federal prison
on each count if convicted and fines of up to $1.2 million.
Prosecutors would not say what possible sentence Barnett, a 30-year-old
veteran of the force, is
likely to face under federal sentencing guidelines.
"We aren't prepared to talk about the potential guidelines range,"
French said. "A lot of it depends
on factors we are not willing to discuss at that point."
Generally, defendants get lighter sentences for accepting
responsibility
for their actions and for
cooperating with prosecutors. Barnett is scheduled to be sentenced Jan.
12 by Hurd.
Barnett, who has been suspended for a year - much of that paid - will
lose his job, Jurczynski said.
The city's labor attorney, Elayne Gold of Roemer Wallens & Mineaux,
LLP,
said convicted felons
cannot be police officers in New York. "My understanding of the Public
Officers Law is his position
is deemed vacated . . . which means he's fired," she said.
Siler and Barnett were suspended on disciplinary charges a year ago,
after allegations surfaced they
drove David Sampson from Hamilton Hill to a remote road in Glenville
and
left him with no shoes.
Sampson has sued the officers. He also has been convicted since of drug
dealing.
After 30 days of unpaid suspension, the officers returned to the city
payroll, but not to work.
Kaczmarek recently issued new unpaid 30-day suspensions, based on
indictments handed up
against both officers.
Stratton comments
City Councilman Brian Stratton, who chairs the Public Safety Committee,
said Monday was not a
good day for the city.
"Our worst fears have been confirmed," he said. "That one or more of
our
own police officers are
shaking down drug dealers and then putting those drugs back on the
street is unconscionable."
Stratton said more "scrutiny" of the department by the police
administration was needed.
"I would hope this is confined to the one or two officers in question,"
Stratton said. "But I think it's
going to continue. If it were going to be confined to these two, it'd
be
wrapped up."
Federal prosecutors indicated the investigation continues.
Schenectady County District Attorney Robert M. Carney said his office
experienced problems
prosecuting a few cases involving Siler and Barnett last year. In one
instance, a misdemeanor case
was dismissed from City Court after Siler, on suspension, refused to
testify.
In another, county Judge Michael C. Eidens dismissed a drug case
involving Gerald Tanner, the
nephew of City Council President Joseph Allen, after deciding he
couldn't "credit" Barnett's sworn
testimony that he saw Tanner toss drugs to the ground. During that
case,
Barnett admitted under
oath to striking a handcuffed Tanner in the police station, after a
violent altercation between Tanner
and officers on the street.
Tanner was convicted on unrelated counts.
A few felony-level defendants got better deals from Carney's office
than
they might have last year,
Carney said, because Barnett and Siler were involved.
"We had prosecution problems in the cases, and the defendants knew it,"
Carney said.
However, most, if not all, of the officers' cases have been disposed of
by now, Carney said.
Gazette reporter Mike Goodwin contributed to this article.
ofr...@hotmail.com
Date: Sep 18 2000 08:34:01 EDT
From: "ofr...@hotmail.com" <ofr...@hotmail.com>
Subject:
- Deputy Sheriff Charged With Molestation -
Deputy Sheriff Charged With Molestation
Foster Parent To 4 Children Suspected Of Touching Baby
Sitter
MEDINA, Ohio, Updated 6:41 p.m. EDT July 28, 2000 -- A Medina
County deputy sheriff is facing jail time for allegedly molesting a
12-year-old
baby sitter.
NewsChannel5 reports that
53-year-old James Crutchley of
Norton, Ohio, is suspected of the
molestation. He was arrested without
incident Wednesday.
Crutchley and his 40-year-old wife,
Melanie, are foster parents to four
children. They were recently honored
for their work as foster parents in Summit County, The Plain Dealer
reports.
Crutchley has been charged with three counts of gross sexual
imposition.
According to a police report, Crutchley admitted to touching the girl.
The girl's mother said that she learned about the alleged abuse late
one
night.
"She woke up screaming, and she told me about it," the girl's mother
told
The Plain Dealer. "He did this to my daughter, and she's terrified."
The Crutchleys have been licensed foster care parents for two years,
according to The Plain Dealer.
"He's an officer of the law, so it's probably the worst day he's been
involved
with," Crutchley's attorney, Salavatore Puglisi, said.
However, Medina County Sheriff Neil Hassinger had an opposite reaction.
"But if it's true, then it's a fact he's let down the people of this
county," he
said. "That's out trust in him and faith in him to do a job."
Crutchley has been put on administrative leave from the sheriff's
department.
He will be paid 150 hours of unused vacation time before being placed
on
unpaid leave.
ofr...@hotmail.com
Date: Sep 19 2000 19:19:42 EDT
From: "ofr...@hotmail.com" <ofr...@hotmail.com>
Subject:
- Assistant DAs in Albany resign -
Assistant DAs in Albany resign
By MARNIE EISENSTADT
Gazette Reporter
ALBANY - Those left behind by District Attorney Sol Greenberg's abrupt
resignation were forging
their own alliances Monday and sorting out their political futures,
stung by the belief they were shut
out by back room deals.
The only woman considered a front-runner for Greenberg's job resigned
Monday, as did one of her
supporters.
Another said he would not necessarily turn down a Republican
endorsement
for a November run
against the reported Democratic party choice - Assistant District
Attorney Paul Clyne.
Other aspirants for the position said they seriously were considering a
lawsuit against those involved
in the alleged deals to pick Greenberg's successor, as was the Albany
County GOP chairman, who
is courting the five Democrats who seem to have been passed over.
The grumblings began on Thursday when Greenberg announced his
resignation, making it effective
today and forcing an election.
If Greenberg had scheduled his departure for Sept. 20, instead of a day
earlier, the election of a
new district attorney would have been put off to November 2001, setting
up a year of jockeying
among would-be successors.
As it is, the election will take place this Nov. 7 - less than seven
weeks away - and party leaders
will decide who gets the nomination of the county's dominant Democratic
Party without risking a
primary.
In the meantime, Gov. George Pataki - a Republican - gets to pick who
will be interim district
attorney in Albany County until Dec. 31.
Greenberg's timing, along with allegations that there was a cross-party
alliance between Albany
Mayor Jerry Jennings and state Republican Chairman William Powers to
support Clyne, left some
of the five others interested in the office looking for ways to block
Clyne's run. The only two who
appear unruffled by Greenberg's resignation are Phillip Steck, an
attorney and Albany County
legislator, and Lawrence Wiest, the chief assistant district attorney.
"I plan to endure," Wiest said.
If the Republicans want to run a candidate, they have to notify the
Albany County Board of
Elections by the first week of October.
The Democrats will accept resumes from potential candidates until Sept.
25.
ofr...@hotmail.com
Date: Sep 19 2000 19:31:27 EDT
From: "ofr...@hotmail.com" <ofr...@hotmail.com>
Subject:
- Schenectady Cops to edge out porn shop -
Cops to edge out porn shop in Sch'dy
By Carl Strock
I must say I am amused by the idea of establishing a police substation
in a dumpy little house on
Lower Broadway of Schenectady just as word circulates that the house is
about to be turned into a
porn shop. Pretty neat.
Last summer Schenectady changed its zoning law to prohibit porn shops
in
areas where they now
exist, that is, State Street and Erie Boulevard, and restrict them to a
few limited industrial areas,
including the dismal block at the bottom of Broadway hill known as
Lower
Broadway, and now,
when it appears a porn business will accept the challenge - bam! Here
comes Nicki DiLeva and
here comes Bob Farley.
Nicki DiLeva is a county legislator whose family owns a couple of
businesses just up the hill from
Lower Broadway - a bait-and-tackle shop and a madonna shop - and Bob
Farley is the chairman
of the county Legislature. Their inspiration is to buy the building for
$60,000 ($5,000 more than it
sold for a few months ago) and let the city use it for police purposes.
If the new owner doesn't want
to sell, the county will exercise its right of eminent domain and buy
it
by force of law.
Exactly what police purposes a dilapidated little two-family house
might
be put to is not entirely
clear.
Mayor Al Jurczynski says he'd like to make it a "multipurpose law
enforcement facility," which
among others things would serve as a site for the Civilian Police
Academy instructing civilians in the
niceties of police work.
(In Schenectady, of course, that's a particularly delicious thought:
Civilians, here's how we shake
down drug dealers, here's how we throw eggs at cars.)
He says that right now the Civilian Police Academy is "vastly
under-utilized by the general public,"
an assessment that I don't believe anyone in Schenectady would argue
with, since the very existence
of such an academy is pretty much a secret.
Bob Farley denies that the purpose of buying the house is to block a
porn shop. "I don't mean to
say it's coincidental," he told me, "but that's not the purpose. The
purpose is to improve police
presence. Any ancillary benefits that it has, they're great."
Nicki DiLeva says the lack of police presence in Bellevue (her
neighborhood) and next-door Mont
Pleasant has been "a constant misfortune for all of us."
She says it sometimes takes officers three or four hours to respond to
calls in that part of the city,
though it's only a mile or two from police headquarters.
Of course there are those of us who believe that what Schenectady needs
for the greater safety of
its streets is not more but less police presence. We believe it would
be
best to lock the cops in their
headquarters building at the corner of Lafayette and Liberty streets
and
not let them out except for
family emergencies. But alas we have little say in discussions like the
present one.
No one asks us, what would be better for Lower Broadway, a police
station or a porn shop?
No one asks us, why not reopen the old police community center on
Albany
Street, either.
That little storefront operation was opened in the 1980s with great
hopes that it would reduce crime
in the surrounding Hamilton Hill neighborhood, but it's been out of
action for several years now, and
you don't hear anything more about it.
I wonder if the city would be moved to put it back in operation if the
impresario of some
disreputable attraction cast his eye on the site.
ofr...@hotmail.com
Date: Sep 19 2000 19:28:03 EDT
From: "ofr...@hotmail.com" <ofr...@hotmail.com>
Subject:
- Schenectady Wall Of Silence Has Fallen -
The wall of silence has fallen
Leave it to Schenectady Mayor Al Jurczynski to see a
bright ray of sunshine piercing one of the blackest days
ever for his police department.
While most of us were aghast that a working cop
pleaded guilty Monday to extorting drugs and using the
crack as a reward for informants, ever-the-optimist Al
observed, "Yeah, but at the same time, this puts us one
step closer to getting through it all.''
Al said he wasn't a bit surprised that Patrolman Richard
Barnett pleaded to two federal drug charges. "No, I've
been prepared for something like this ever since we
called in the FBI last summer.''
But mostly what Al was saying is how desperately he
wants the federal investigation of his cops to be
"thorough and truthful,'' but more than anything, become
history as soon as possible.
Because until the feds put the seal of approval on it,
nothing meaningful can be done with the Police
Department. Every cop will be under suspicion, the
force itself will remain dispirited, and the city can't help
but be underserved and vulnerable. What the cops are
watching unfold is a drama they are certainly familiar
with, since it's a strategy they regularly use themselves
against more conventional bad guys. Dangle the bait of a
reduced sentence before a gang sticking together and
keeping quiet, turn one, and then watch the others
tumble and accuse each other of every crime imaginable
down to jaywalking and stealing restaurant cutlery.
Textbook coppery.
Barnett has been "turned.'' He broke ranks with his
accused fellow officer and partner, Mike Siler. Which
suggests Barnett will not only testify against Siler if
there's a trial, but that Barnett will "cooperate'' with the
feds against unnamed others in the department.
Schenectady's Blue Wall of Silence has been shattered.
Remember, the mayor called in the FBI over serious
allegations of civil rights abuses by officers -- not over
drugs. So who knows what strangeness will yet come
boiling out of this investigation.
Appropriately, Barnett is getting special handling right
from the start. He pleaded guilty in Utica, far from local
television cameras or hostile fellow officers. Technically,
he still faces 40 years in the slammer, but it would be a
shocker if he serves more than a token few -- providing
he plays his part in the soon-to-unfold drama to the
satisfaction of those who turned him.
There's evidence he will. In the feds' announcement of
Barnett's guilty plea, Barnett not only admits his own
guilt but also accuses his partner of handing the crack to
an informant. In effect, Barnett has already testified
against Mike Siler. No doubt there are those who won't
see what Barnett has admitted to as even being a crime.
Shaking down a drug runner can't be so bad, right? Is
paying off an informant with the only thing the druggie
informant really cares about so terrible, since they're all
scum anyway?
Well, yes it is. Dealing drugs is illegal, for whatever end.
Besides, once cops become outlaws, they sink even
lower than the scum they're policing. Those cops carry
the precious badge and a sanctioned gun, and they
swore to uphold the law and protect the people. All the
people. Barnett's gambit violates all of that.
With Barnett's plea, we know for sure there's at least
one criminally rotten apple in the Schenectady Police
Department. Now the inevitable questions: How many
more will bob up, and who are they?
Have we heard all the names? Or, as long rumored, is
this a police department with a dark culture running
through it that's tainted more than a few?
Sadly enough, until the feds give us the answers, the
Schenectady Police Department will remain guilty until
proven innocent, and Mayor Al will have an increasingly
tough time finding those little rays of sunshine in all that
gloom. Contact Fred LeBrun at 454-5453.
ofr...@hotmail.com
Date: Sep 19 2000 19:30:14 EDT
From: "ofr...@hotmail.com" <ofr...@hotmail.com>
Subject:
- Schenectady Residents Demand Police Patrols -
Residents want more
officers on the streets
Schenectady -- About 25 Mont Pleasant residents
crowded the City Council caucus room Monday night,
demanding more officers on the street, possibly with help
from the State Police.
But Police Chief Gregory Kaczmarek said troopers
were not needed at this time, since the department could
have an additional 14 officers on the street within three
months. Seven of those officers are new graduates of the
regional police academy and will be available for duty on
Sunday, and another four officers have been taken from
the tactical response squad. The DARE program officer
at the middle school has also been reassigned.
He said there are another three vacancies in the
department, and he is looking to fill them with officers
from other departments who have expressed interest in
coming to Schenectady.
"These officers will be here from now on, not for a finite
period,'' Kaczmarek said in reference to the council's
call last week for State Police to be called in to augment
the city's own force.
The appearance of Kaczmarek gave Councilman David
Bouck an opportunity to ridicule Mayor Albert
Jurczynski's ride with police last week. "That man
figured to jump in a car and expect the people to be
safe,'' he said. "We're short 20 men.''
In response to a question from Councilman Brian
Stratton, the chief said there is no downside to having
the troopers return. For three weeks in December, State
Police rode in the same cars as city officers, increasing
the police presence on the streets.
But noting that any trooper presence would only be
temporary, Kaczmarek said it "would not be for the long
term,'' adding, "It's not a decision I would make right
now.''
Mont Pleasant resident Chet Godlewski said the "quality
of life has been totally diminished. We need help in Mont
Pleasant now, whether it be State Police, the sheriff, or
whoever.''
Council President Joseph Allen suggested having State
Police send all their men here, on a rotation basis, to get
training in urban policing.
"That's a thought,'' responded Kaczmarek. "I'll be on the
phone tomorrow.''
ofr...@hotmail.com
Date: Sep 19 2000 19:26:26 EDT
From: "ofr...@hotmail.com" <ofr...@hotmail.com>
Subject:
- Schenectady Cop Admits To Federal Extorion and Drug
Distribution Charges -
Cop admits federal crimes
Schenectady Officer Richard Barnett to
cooperate in corruption probe after pleading
guilty in case
UTICA -- One of two Schenectady police officers
charged with extortion and drug distribution pleaded
guilty Monday to shaking down a drug runner for crack
cocaine, which his partner then used to pay off a street
informant.
Officer Richard Barnett, who pleaded guilty in U.S
District Court to the two felonies, will cooperate with an
ongoing investigation into corruption in the Schenectady
Police Department, officials said.
"We want the feds to do a thorough investigation of the
department,'' Mayor Albert Jurczynski said. "If this
means other officers will become involved, then we'll
deal with that, too.''
The mayor said city attorneys immediately began
researching the process of terminating the 30-year-old
officer, who has been suspended with pay for about a
year. "We haven't removed Barnett yet, but I don't want
anyone guilty of a felony on our police force,'' Jurczynski
said.
Barnett and Michael Siler, 32, were indicted last month
by a federal grand jury on extortion and drug distribution
charges in connection with an investigation of corruption
in the Schenectady Police Department. Both officers
pleaded not guilty to the charges at that time. The grand
jury seated in Albany is continuing the investigation. U.S.
Attorney Daniel J. French said Barnett was cooperating
with the government. "We are looking at any credible
allegations concerning criminal conduct in the
Schenectady Police Department,'' French said Monday.
He said Barnett faces a maximum of 20 years
imprisonment and a $250,000 fine on the extortion count
and up to 20 years in jail and a $1 million fine on the
drug distribution count.
French said he could not comment on Barnett's plea
agreement regarding his sentencing other than saying
"there are variables that come into play that we can't
discuss.'' French said Barnett would be sentenced Jan.
12 by U.S. District Court Judge David Hurd of Utica.
William Dreyer, Barnett's attorney, said his client
continues to be free on $10,000 bail. He said the U.S.
attorney's office sealed Barnett's plea agreement, but he
would not comment further about the case.
Michael Koenig, Siler's attorney, said he would soon file
a discovery motion. "I'm very interested in obtaining the
plea agreement,'' Koenig said.
"The facts in the agreement have not been
cross-examined or challenged, but that will occur at the
trial when Mike Siler's innocence will be clear,'' Koenig
said.
Koenig said Barnett entered a deal, not a plea. "Usually
in return for a deal, the government gets information it
wants. A plea can lead to a witness testifying to the
government's theory in the case,'' Koenig said.
Brian Stratton, City Council Public Safety Committee
chairman, said the conviction is a black mark on the
Police Department. "Our worst fears are confirmed,''
Stratton said. "I hope the bad news is confined to this
report, but my hunch is there is a broader investigation
and the feds will discover more.''
In court Monday, Barnett said on Aug. 3, 1999, he and
Siler forcibly took 3.5 grams of crack cocaine from a
person engaged in street drug distribution while the two
officers were on patrol on Hamilton Hill.
According to French, Barnett, a nine-year veteran of the
force, admitted that he drove the police cruiser a short
distance before stopping, "at which time the
co-defendant (Siler) who was seated in the passenger
seat, gave some of the crack cocaine to a person as a
reward for providing information about criminal activity
in the area.''
Siler, a five-year veteran, and Barnett were suspended in
August 1999 by Police Chief Gregory Kaczmarek after
they allegedly took David Sampson, a black man, from
Hamilton Hill and left him shoeless on a darkened road
in a remote area of Glenville. "We are still looking at the
Sampson case,'' French said Monday.
When the Sampson case surfaced, Kaczmarek ordered
the personal lockers of Barnett and Siler sealed. City
police sources said drugs were found in both lockers
when they were opened by command-level officers in
the presence of police union leaders.
Kaczmarek said he expected that Barnett would be fired
in a couple of days. "This guilty plea casts a whole
different light on the situation,'' Kaczmarek said. "Some
people thought we were conducting a witch hunt, by
going to the U.S. attorney and the FBI, but as it turns
out we did the right thing.''
ofr...@hotmail.com
Date: Sep 19 2000 19:28:29 EDT
From: "ofr...@hotmail.com" <ofr...@hotmail.com>
Subject:
street nearby, at which time the co-defendant [Siler], who was seated
in
the passenger seat, gave
some crack cocaine to a person as a reward for providing information
about criminal activity in the
ofr...@hotmail.com
Date: Sep 19 2000 19:26:26 EDT
From: "ofr...@hotmail.com" <ofr...@hotmail.com>
Subject:
Cop admits federal crimes
distance before stopping, "at which time the
co-defendant (Siler) who was seated in the passenger
seat, gave some of the crack cocaine to a person as a
reward for providing information about criminal activity
in the area.''
Siler, a five-year veteran, and Barnett were suspended in
August 1999 by Police Chief Gregory Kaczmarek after
they allegedly took David Sampson, a black man, from
Hamilton Hill and left him shoeless on a darkened road
in a remote area of Glenville. "We are still looking at the
Sampson case,'' French said Monday.
When the Sampson case surfaced, Kaczmarek ordered
the personal lockers of Barnett and Siler sealed. City
police sources said drugs were found in both lockers
when they were opened by command-level officers in
the presence of police union leaders.
Kaczmarek said he expected that Barnett would be fired
in a couple of days. "This guilty plea casts a whole
different light on the situation,'' Kaczmarek said. "Some
people thought we were conducting a witch hunt, by
going to the U.S. attorney and the FBI, but as it turns
out we did the right thing.''
ofr...@hotmail.com
Date: Sep 19 2000 19:28:03 EDT
From: "ofr...@hotmail.com" <ofr...@hotmail.com>
Subject:
ofr...@hotmail.com
Date: Sep 19 2000 19:30:14 EDT
From: "ofr...@hotmail.com" <ofr...@hotmail.com>
Subject:
ofr...@hotmail.com
Date: Sep 20 2000 04:56:40 EDT
From: "ofr...@hotmail.com" <ofr...@hotmail.com>
Subject:
- Schenectady Mayor wrapping up patrol ride-alongs -
Jurczynski: Police `up to the task'
Mayor wrapping up patrol ride-alongs
By MICHAEL DeMASI
Gazette Reporter
SCHENECTADY - Mayor Albert P. Jurczynski plans to finish his
almost-daily trips with city police
officers at the end of this week, and said the experience thus far has
reinforced his belief that state
troopers aren't needed to help the beleagured Police Department.
"I feel more strongly about my position than I did before," Jurczynski
said. "Now is not the time."
Jurczynski has spent more than 13 hours in a patrol car since last
week,
not including the ride-along
he planned Tuesday night. Much of the time has been filled going on
routine calls and talking with
officers, but things heated up Monday night.
Jurczynski watched as police confiscated three rifles from an apartment
in Mont Pleasant and broke
up a fight on Lincoln Avenue in Hamilton Hill before anyone was
seriously hurt. The combatants
were holding long kitchen knives, he said.
After the fight was broken up, Jurczynski and others heard what sounded
like five gun shots near
Duane Avenue and Craig Street. Police couldn't determine where the
sounds originated.
Jurczynski was impressed with how the officers handled the incidents.
Bringing the state troopers
back into Schenectady - as requested by the City Council and many
residents - would be
"demoralizing" for city patrolmen, he said.
"They're up to the task," he said.
Police Chief Gregory T. Kaczmarek agrees with the mayor. He plans to
beef-up the department's
ranks by reassigning units to the road patrol. Seven rookies will also
be available for duty as of
Sunday.
Some city council members have derided the mayor's ride-alongs, saying
they don't increase public
safety.
Jurczynski plans to continue riding with officers a couple times a
month
to observe them in action,
and said the council should consider doing the same.
Public clamor
Jurczynski also questioned the turnout at City Hall Monday night, when
more than 50 people filled
the council chambers to ask for greater police presence in Mont
Pleasant.
Jurczynski didn't stay for the meeting, but said the group included
many
people who have been his
adversaries and that it appeared "orchestrated." He acknowledged there
are safety concerns in
Mont Pleasant, and said the city has devoted resources to helping the
neighborhood.
Chet Godlewski, who has battled the mayor in the past, said there were
many people in the room
unfamiliar to him who have legitimate concerns.
"These are people that need help," Godlewski said.
ofr...@hotmail.com
Date: Sep 20 2000 05:07:34 EDT
From: "ofr...@hotmail.com" <ofr...@hotmail.com>
Subject:
- Schenectady Cops Sued For $1 Million For Illegal Search -
Hill home search draws $1M suit
Family claims police intruded illegally
By LAURA SUCHOWOLEC
Gazette Reporter
ALBANY - Four family members, including a 10-year-old Hamilton Hill
girl
who says police
handcuffed her and held a gun to her head, are suing the city and
Schenectady County for $1
million.
The federal lawsuit filed Tuesday accuses Schenectady Police and the
Schenectady County Sheriff's
Department of illegally searching the flats of Mary and Linda Williams,
sisters who share a
two-family home at 346 Hulett St., while looking for suspects who ran
from them.
The incident began when police knocked on the back door of Linda
William' ground-floor
apartment at about 11:15 p.m. on Feb. 18.
Fresh footprints in the snow and a red jacket hanging inside supposedly
made police think that the
suspects were inside.
Williams told police that no one had come inside. The jacket was her
son's and the footprints hers,
according to the suit.
Williams gave Police Officer Robert Frederick and Sgt. Daniel Diamond
permission to search her
basement, which has a separate entrance outside the house. They found
nothing and asked to
search the downstairs and upstairs flats. Williams refused and police
forced their way in anyway,
according to the lawsuit.
As police searched the downstairs apartment, homeowner Mary Williams
left her flat and headed
for her sister's. Sheriff's Deputy Raymond Hoy stopped a pajama-clad
Mary Williams, ordered her
to lie on a snow-covered front step of the home while he pointed his
rifle at her and put his knee in
her back, according to the lawsuit filed in U.S. District Court in
Albany.
Nesara Williams, the 10-year-old daughter of Linda Williams, heard
noises and went to look out
the from door.
"Nesara Williams had a rifle pointed at her head, was removed from her
home, was placed in
handcuffs and forcefully taken through the driving snow into a police
car across the street at a time
when she was dressed in pants ad a t-shirt without shoes or a coat,"
according to court papers.
When Michael Murphy, Nesara's 14-year-old brother, came to the front
door he saw his aunt on
the ground and his little sister being escorted away. "Hoy pointed a
weapon at Michael Murphy,
ordered and forced him to the side of the outside porch with the use of
force and threatened use of
his firearm, and ordered him not to move," according to court papers.
Linda Williams heard loud voices and screams and also went to the front
door. When she got there,
Hoy pointed his gun at her, according to the lawsuit, while Schenectady
police continued to search
the downstairs and downstairs flat. No suspect was found and police
eventually left without charging
any of the four relatives or any of the other children.
"If this was my neighborhood and the police said: `Did an intruder just
come in your house and I
said no, they would have left," said Albany attorney Lee P. Greenstein
who represents the plaintiffs.
Police and local officials contended that the incident was handled
properly given the volatile nature
of what they suspected could be a hostage situation.
The lawsuit accused police of violating the plaintiffs' constitutional
rights. Each plaintiff is seeking
$250,000 in damages.
Schenectady Police Chief Gregory T. Kaczmarek didn't return phone calls
seeking comment
Tuesday nor did the city Corporation Counsel's Office or the County
Attorney's Office.
ofr...@hotmail.com
Date: Sep 20 2000 17:08:36 EDT
From: "ofr...@hotmail.com" <ofr...@hotmail.com>
Subject:
- Schenectady Doesn't Even Know How To Fire The Guilty Cop -
City awaits opinion on firing of officer
Schenectady -- City lawyers are still researching
whether Officer Richard Barnett can be fired for
pleading guilty to extortion and drug distribution charges
in U.S. District Court.
"We're still awaiting word from legal counsel regarding
how to proceed with the termination process,'' Police
Chief Gregory Kaczmarek said Tuesday.
After Barnett had entered his guilty pleas in U.S. District
Court in Utica Monday, U.S. Attorney Daniel J. French
said a federal grand jury would continue its yearlong
investigation into corruption in the Schenectady Police
Department.
Meanwhile, it was learned Tuesday that the grand jury,
seated in Albany, would continue its investigation until
March. However, Assistant U.S. Attorney John Katko
said he could not comment on the duration of the
investigation.
Barnett, 30, a nine-year member of the city police force,
and Siler, 32, a five-year police officer, were indicted
last month by the grand jury on extortion and drug
distribution charges. Both officers have been suspended
with pay for about a year.
French has said he could not comment on a plea
agreement between the officer and the U.S. Attorney's
office. He said Barnett, who continues to be free on
$10,000 bail, will be sentenced Jan. 12 by U.S. District
Court Judge David Hurd of Utica.
In court Monday, Barnett said on Aug. 3, 1999, he and
Siler forcibly took 3.5 grams of crack cocaine from a
person engaged in street drug distribution while he and
Siler were on patrol on Hamilton Hill.
According to French, Barnett admitted that he drove the
police cruiser a short distance before stopping, "at which
time the co-defendant (Siler) who was seated in the
passenger seat, gave some of the crack cocaine to a
person as a reward for providing information about
criminal activity in the area.''
Barnett and Siler were suspended in August 1999 by
Kaczmarek after they allegedly took David Sampson, a
black man, from Hamilton Hill and left him shoeless in a
remote area of Glenville. French said federal authorities
were still investigating the Sampson case.
Because of his guilty pleas, Barnett faces a maximum of
20 years imprisonment on each count
Michael Koenig, Siler's attorney, said his client would
not be entering a plea. Instead, Koenig predicted Siler
would be cleared of charges when his case goes to trial.
Koenig said he would be making defense motions soon.
ofr...@hotmail.com
Date: Sep 20 2000 17:13:10 EDT
From: "ofr...@hotmail.com" <ofr...@hotmail.com>
Subject:
- Schenectady Family files suits over police search -
Family files suits over police search
Albany -- Schenectady cops used force in search
for suspect, claim alleges
A Schenectady family whose home was searched by
police in February filed a federal lawsuit Tuesday
charging that police used coercion to enter their home
and then excessive force while searching for a man
suspected of pointing a gun at officers.
In the $250,000 federal civil rights claim, Mary Williams
and three relatives allege that police illegally searched the
downstairs apartment of her 346 Hulett St. home,
handcuffed several family members, including a
10-year-old girl, pointed guns at them and forced them
to lie face-down in the snow.
The lawsuit, which names the city of Schenectady and
four of its police officers as well as Schenectady County,
the sheriff's department and a deputy sheriff, claims that
the family was "unlawfully detained and imprisoned'' and
suffered "intense and severe fear'' after the incident.
Around 11:30 p.m. on Feb. 11, city police were
searching for an African-American suspect who had
pointed a gun at them and fled. Officers believed that the
man ran into the Williams' home, but family members
told police they had not seen anyone enter the house,
according to the suit.
On Tuesday, attorney Lee Greenstein, who is
representing the family and filed the lawsuit in U.S.
District Court, said police would have taken the Williams
at their word if they hadn't lived in a predominately
African-American neighborhood.
"If it wasn't a poor, minority neighborhood, they would
have taken their word for it,'' Greenstein.
City Corporation Counsel Michael Brockbank said
Tuesday that he had not been served with the lawsuit but
rejected the allegations that city officers had coerced the
family into entering the home as far-fetched. After he
receives the court papers, Brockbank said, he will
respond within 20 days.
''It's simply ridiculous,'' said Brockbank, who noted that
the officers told him shortly after the incident that they
asked family if they could search their homes for safety
reasons.
"This is exactly what you want officers to do -- go chase
people with guns and find them,'' Brockbank said.
According to the suit, a sheriff's deputy handcuffed the
10-year-old niece and forced her to walk through the
snow and into a police car when she was dressed in
pants and a T-shirt. Mary Williams, another resident of
the house, was forced to lie face down on a porch.
Sheriff Harry Buffardi could not be reached for
comment.
ofr...@hotmail.com
Date: Sep 21 2000 02:03:34 EDT
From: "ofr...@hotmail.com" <ofr...@hotmail.com>
Subject:
- Tape implicates Schenectady Cop in exchange of crack cocaine
-
Tape implicates Schenectady Cop in exchange of crack cocaine
Sch'dy officer's partner also accused him of giving drug to
police informant
By MATTHEW ROY
Gazette Reporter
SCHENECTADY - A previously undisclosed tape recording of an "undercover
buy" of drugs
implicated a city police officer at the center of a federal probe,
according to a prosecutor.
The existence of a tape may explain why federal prosecutors
investigating allegations of misconduct
by city police sought to indict officers Richard Barnett and Michael
Siler for an Aug. 3, 1999,
incident.
Assistant U.S. Attorney John M. Katko outlined to Judge David N. Hurd
the case against Barnett
Monday morning in U.S. District Court.
Barnett pleaded guilty to two felonies. The plea took place in Utica,
with no Capital Region media
present.
The Daily Gazette obtained a 27-page transcript of the proceeding on
Wednesday.
Barnett and Siler were indicted last month on charges of extortion and
distribution of cocaine. Siler
maintains his innocence and appears headed for trial.
On Monday, Katko told Judge Hurd that several witnesses were ready to
testify against Barnett,
had his case gone to trial. One of those witnesses purchased drugs from
an unnamed individual in an
"undercover buy," Katko said.
" . . . On tape during that conversation, the individual noted she just
obtained the drugs from Siler,"
Katko said. Katko also said that prosecutors have the drugs upon which
the charges were based.
No further mention of the tape or the "undercover buy" was made in
court
Monday. Daniel French,
the U.S. attorney for the Northern District of New York, declined
comment on the court
proceedings or the tape.
Siler's attorney, Michael Koenig, declined to comment on potential
evidence. "The merits of the
case will have to be disclosed in the courtroom," he said. "Mike Siler
has repeatedly said he's going
to trial. That's his position."
Barnett said in court Monday that he and his partner, Siler, shook down
a drug dealer on Hamilton
Hill while on duty and in uniform Aug. 3, 1999. They took about 3.5
grams of crack cocaine, and
left the person in the street, Barnett said. The person was never
arrested; nor were the drugs turned
in at the station, Barnett said.
Barnett said that day he drove the cruiser a short distance and
stopped.
He said Siler, in the
passenger seat, broke off a chunk of crack cocaine, put it in a small
plastic bag of the sort street
dealers use and gave it to an unnamed police informant as a reward.
That informant in turn sold the drugs to another person during a taped
undercover buy, Katko said.
Those two people, as well as the dealer who was originally shaken down
and an independent
witness to that event were potential witnesses, Katko told Judge Hurd.
"So it is a full circle of witnesses, your Honor, and we also have the
drugs themselves," Katko
concluded.
Katko did not elaborate on the identity of the witnesses, or say the
nature of the "undercover buy."
City, state and federal officers work on street drug cases in
Schenectady, sometimes with
surveillance equipment.
Barnett admitted in court to what happened, and gave a detailed
colloquy
admitting to what
prosecutors alleged. The judge asked the 30-year-old defendant, an
officer for nine years in
Schenectady, what work he does.
"I was a police officer," Barnett responded.
Barnett has been on suspension for a year. City officials say he will
lose his job because of his guilty
plea to two felonies: extortion, and possession with intent to
distribute and distribution of crack
cocaine.
Katko told the judge the government agreed to a recommendation for a
potentially lower sentence
"based on substantial assistance" from Barnett. Considering federal
sentencing guidelines, Barnett
faces a maximum sentence of around 41 to 51 months, Katko told the
judge.
But no definite sentence was promised, and factors including the
judge's
discretion play a role.
Barnett appeared in court with his attorney, William J. Dreyer, who is
a
former federal prosecutor.
Barnett remains free. His sentencing was set for Jan. 12.
ofr...@hotmail.com
Date: Sep 21 2000 05:12:15 EDT
From: "ofr...@hotmail.com" <ofr...@hotmail.com>
Subject:
- Albany Cops Photographed Sleeping In Squad Car -
Police muted on napping
probe
Albany-- Action beyond verbal reprimand unlikely,
chief says
Although an internal inquiry into whether a pair of
Albany Police officers were sleeping on the job last
Friday is not yet complete, police officials say it's
unlikely the two will be disciplined beyond a verbal
reprimand.
"It's very possible at this point that we will be counseling
the officers, but I don't see it escalating much beyond
that,'' Albany Police Chief John C. Nielsen said
Wednesday.
A picture of the officers reclining with their eyes closed
in the front seats of a police car parked at the Corning
Preserve boat launch was published Wednesday by The
Daily Gazette. At the time the photo was taken -- about
2:20 p.m. -- the two were near the end of a uniformed,
five-hour detail patrolling the Albany Housing Authority,
Nielsen said.
Nielsen would not identify the officers in the photo in
part because the investigation into the incident is still
pending.
The Housing Authority has a contract with the Police
Department to hire off-duty officers to patrol its eight
developments. The authority pays for these additional
officers using funds from the U.S. Department of
Housing and Urban Development.
Officers working this or other off-duty details -- such as
security at the Pepsi Arena -- are still under command of
the Police Department and must observe its rules.
Sleeping on duty is a violation of department policy,
officials said.
Albany Police Officers Union President Detective
Thomas McGraw said on Wednesday that it wouldn't
have been a "horrible thing'' if the officers stopped to rest
for a few moments, especially since they went on to
work a full eight-hour night shift for the Police
Department when their Housing Authority detail was
over.
After consulting tapes of all police calls made Friday and
a computer history of the city's gas pumps on Erie
Boulevard, Nielsen said he determined that the officers
could not have been parked for more than 8 to 10
minutes.
At 1:09 p.m., they responded to a call at Ida J.
Yarbrough Homes on North Pearl Street, which they left
59 minutes later. The pair's next call was at 2:25 p.m. to
assist with a drug bust at Delaware and Besch avenues,
officials said. In between, Nielsen said, the officers went
to buy gas at the Department of General Services and
paid with a card issued to police officers.
Authority Executive Director Steven T. Longo said
Wednesday that he is leaving the issue of investigation
and disciplining the officers to Nielsen. But, Longo
added: "I understand that I don't employ machines.
They're humans and I can't expect to see them at full
complement at every moment. People need to take
breaks.''