Tuesday, March 11, 2014

Chief Tedesco under oath: There were problems (DOCUMENT)


(If you are at all interested, I highly recommend reading the deposition – it’s a good read. It can be seen at the end of this post.) 
A 2012 deposition given under oath by Police Chief John Tedesco outlines problems he saw with how Internal Affairs investigations were done before he became chief, and the influence by the Police Benevolent Association on such investigations.
“There was a – this memo was written shortly after Officer Fitzgerald, I believe, was either elected or reelected to his position as PBA president, and part of his campaign literature it stated, he boasted of his relationship with then Chief of Police Nick Kaiser,” Tedesco told attorney Elmer Keach. “And as to other Captains Fernett and Paul, my relationship has been strained for quite some time.”
“What do you mean? So Officer Fitzgerald boasted of what, having a good relationship with the chief?” Keach asked as a follow up question.
“Yes. I guess if one were reading it, it would be that he could get things resolved favorably, so to speak,” Tedesco answered.
According to a memo Tedesco wrote to then Corporation Counsel Dave Mitchell in December 2007, Fernett was head of the Internal Affairs at the time.
I’m not going to re-write the entire three-hour, 98-page deposition, first reported on by the Times Union, but it is a good read and does lend credence to concerns voiced by the minority community that their complaints about the TPD were largely ignored for years. And it shows one reason why the PBA was so dead set against having Tedesco appointed chief and pushed hard to get Anthony Magnetto appointed commissioner – because it knew Tedesco was going to shake up how the Troy Police Department policed their own.


The deposition was taken as part of the civil suit brought by James Foley, who claimed police brutality and who settled with the city for $90,000.  

Tedesco was appointed chief by Mayor Harry Tutunjian in 2010, Magnetto was appointed commissioner to oversee the day-to-day operation of the TPD by Mayor Lou Rosamilia in 2013. A year later, Magnetto went back into retirement and Tedesco now has his old responsibilities back.  

Tedesco outlined some changes he made – such as complaints are filed in duplicate with the person filing it getting a copy so as to have a record the complaint was made – and others he is working on such as taking the position of being head of IA out of the bidding process, which is now required in the PBA contract.
The chief said he did complain about the IA process with both the Harry Tutunjian administration and Kaiser but did stand up for an officer who pepper sprayed a woman handcuffed in the back seat of a cruiser because she was attempting to spit on him.
“I would say that, you know, handcuffs are not a full proof method of having someone subdued,” Tedesco said. “I think the officer’s actions in this according to this document I have before me, I would say that it is an appropriate use of pepper spray.”
The chief said, to his recollection, there have not been any police officers within 10 years of the deposition disciplined for excessive force or for being rude or inconsiderate to the public.
Tedesco also talks about a letter from federal Judge Gary Sharpe to Kaiser indicating one of his juries had concerns about the TPD internal affairs process while deliberating a case where a man allegedly suffered brain damage at the hands of officers.
“’It was their distinct view, however, that there was no real effort by Internal Affairs to investigate those complaints,”’ referring to use of force complaints,” Keach read from the letter.
It’s unclear which case in particular Sharpe had before him but Tedesco said Kaiser did not make any adjustments to how discipline was handled by the TPD.
When he became chief, Tedesco said he let it known that there would be changes and he would not put up with some of the behaviors that he indicated were either ignored or buried like before.
“Was that words or substance you letting your subordinate police officers know there is a new sheriff in town, things are going to be done differently,” Keach asked Tedesco.
“Yes. The sheriff would support them, however, I will support them only so far, you have to be correct in what you are doing … If you have to defend yourself, if one punch does it, that’s all you get.”
Foley was struck by four officers 15 times, according to Keach, and suffered a punctured lung when he was arrested in 2010.
Keach (pictured right) also represents the owners of Kokopellis, Barry and Joe Glick, who have filed a notice of claim with the intent to sue the city over what they claim were inappropriate actions by officers of the TPD on Jan. 25.

 

55 comments:

  1. He also reps victims of the HIPAA violations down at the Jail, with Sheriff Jack Mahar. The County's insurance company has refused to defend the cases and now the County has to pay for a retainer of 30k for outside counsel. Not a peep from Jimino on how that is going to get paid for, and Beam wants people to believe Jackie is acting in the taxpayers best interests - LAUGHABLE. - He didn't return a phone call to another Sheriff so the County lost out on an over Million dollar contract to house inmates. Albany County and their taxpayers now get that cash. Wait until you see the bill that comes out of this mess. Maybe at some point Mahar will conclude HIS over 2 1/2 year INTERNAL investigation and someone outside of Jack can take a look at what happened. If there is any evidence left. What Elmer is going to do to Troy taxpayers will be doubled once the Sheriff's suits start settling. How much is your privacy worth? Rensselaer County, Bob Keach's favorite place.

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    1. Funny how we never hear about the zoo that is the Rensselaer County Jail, isn't it? That's the Record for you. Andrew Beam is particularly useless.

      If people REALLY knew the depth and expense of what goes on down there, it would be ugly. Right, Kathy? But Jimino won't talk about it. Let's wind her up so we can hear "unfunded mandates" another four thousand times.

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  2. Wow what a great read ............shows one thing clearly......COVERUP.!!!!!! Bring in the Feds.

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    1. "shows one thing clearly" Bob Fitzgerald has absolutely and clearly been the biggest detriment to the residents of the City of Troy. Please respond.

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  3. Well well well, a republican appointed chief wants to hold his officers to a higher standard and is rebuffed by Lou, Pete and their leader Fitzgerald. The minority community comes out and wants Tedesco fired but it's now revealed they are the ones keeping the status quo. Unbelievable! Willie, they are better liars than even you. How was the game? Did the kids like the food? The cheeeeldren in the comuuuniteeee!

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    1. Jack Mahar is a republican. And he and members of his administration illegally accessed his employees medical records. He is currently investigating himself. The internal affairs officer is suing him, Karam, look it up. Think Jimmy doesn't know how Jack was running things? Yup, a republican law enforcement leader bleeding taxpayers - but you won't see Mr. Franco setting up a blog about it. Would make his GOP bosses at the radio station mad, and who knows who else it would piss off in the GOP from Rensselaer County. It is a simple question to ask Kathy Jimino. When does this investigation end, and how do we pay for the lawsuits now that the Insurance company refuses to defend? Anyone?

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    2. What does this have to do with the issues in Troy? Absolutely nothing that is what. I know you have it out for Mahar, however, if you have proof of this take it to someone else outside like the DCJS or NYS Police. Getting pissy on a blog isn't going to do jack.

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    3. You're right genius, has nothing to do with Troy outside of the fact that Troy Taxpayers will pay in the end when the lawsuits start settling; and that Troy citizens had their rights violated by the Sheriff. You pay Troy taxes and Rensselaer County taxes, do you not? You think the decisions of the legislature and County executive and Sheriff have no impact on your cost of living? Keep dreaming, they got you just where they want everyone. Distracted.

      Mr. Keach, the attorney in the above deposition also represents those citizens in the lawsuits against the Sheriff and the county. The county’s insurance company is not defending those suits, so they won't pay out any judgments either. That will come from taxpayers. And for your information, the County Executive, the County Clerk, the Sheriff and the County Legislature are all Republican lead.

      As for the HIPAA investigation, here is a fact, once the Sheriff opened his investigation it PREVENTED any other agency from getting involved until Jack finishes his own "internal investigation". That investigation has been going on for 2 1/2 years now without resolution- isn’t that a long time? (Who runs the IA department at the jail now that the IA officer is out on medical leave and has filed a harassment lawsuit against the Sheriff?).

      Dispute anything I have to say – I bet you can’t. I know you can’t. Getting pissy on a blog? Yes sir, it sure beats the hell out of shutting up about it.

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    4. It has nothing to do with the issues in Troy but it has a LOT to do with your property taxes, you idiot. I don't know about you, but I am much more concerned with being able to maintain the value of my home with these crippling county property taxes than I am with Lou's snow emergency plan. You people are clueless, focusing on the wrong thing. Just the way the Republicans want you to be, while they keep dipping their hands into YOUR POCKETS.

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    5. "You people are clueless" really? The city of Troy at the hands of your democrat allies have not only left the city in financial ruin but are now the butt of jokes and articles in the democrat leaning TU. Did it ever occur to you the employees fired from the jail deserved it? Out for 8 months without a county authorized physician to concur ? Using the jail phones to play politics? I know you have to defend your party and divert the joke of an administration to the jail, but it's weak and not effective. Some advice, start a "Jail Crazy" twitter account!

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    6. Using the jail phone to play politics. That was investigated and found to have no merit. (That investigation has concluded, unlike the internal investigation currently being conducted by the Sheriff into the HIPAA violations.) Yes, that was far worse than snooping into employees medical records for your own advancement. Which is a felony and holds fines of up to 250k and ten years in jail. Jack was informed in September before the election. He never notified victims of the breach until 18 months later when the hospital forced his hand. That was a year ago. Jack covered it up and plays a tape of grown men swearing. Far worse. And as far as defending my party, you have no idea what my party is. It is unfortunate for you that the facts in this lead to a CORRUPT REPUBLICAN. And guess where he cut his teeth in law enforcement. TPD. Some advice for you, know your facts and your fight will be righteous. Right now your fight is uninformed. I'll keep commenting HERE, thank you very much and if you don't like it, don't read it. Simple.

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    7. You mean NOT Sheriff Gary Gordon now that is truly righteous!!!!!!

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    8. Someone forgot to take her Midol. Its okay blondie we know you have much love for Jack, unrequited love, but lots of love just the same.

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    9. Look at how weak your argument is. You got nothing but a big mouth and no facts. This has nothing to do with Gary, its all about Jack. And lawsuits.

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    10. This is an extremely bitter pill for you to swallow, there will not be a democrat especially Gordon elected Sheriff in Rennselaer County. The fact is the folks in the towns have seen the mess created by the dems in Troy and want no part of it. Can you blame them?

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    11. Again, this time s l o w e r, (damn rural education), has nothing to do with Gary, these violations occurred on Jackie's watch. Swallow that once you remove your foot.

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    12. Still Not Sheriff Gary Gordon you all need to embrace it. Righteous bitches.

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    13. Rural education is much better than where you got your GED.

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    14. "Using the jail phone to play politics. That was investigated and found to have no merit"

      Except for the audio tape that was played on every news channel in the capitol district. No merit? The biotches whining about hippa violations most likely the ones committing them. They have a proven record of bullying, stealing and acting in a manner most befitting a scumbag parasite. That is why you got fired.

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    15. I was trying to be nice but the above post says it all.

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    16. Yup, conveniently a day or two before the election. Jim's got a new blog, any opinion on that?

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    17. Blame the messenger ? WOW

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    18. For years now you've had a democratic DA, AG and the governor's office yet none of these entities have looked into anything criminal. Even Gordon the failed and vengeful candidate works at the DA's office. He couldn't even frame Mahar? Your obsession with this leads me to believe you may have some deep seeded psychological issues. Get help.

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    19. because you don't know all of the facts, I will explain this to you. When Mahar opened his own investigation it PREVENTED any outside law enforcement agency/entity from conducting an investigation until his concludes. His has not concluded yet. That is the reason the investigation needs to end, so that an outside agency can investigate the sheriff's internal investigation. Don't think it won't happen, it will, but now you know why the internal investigation has taken so long, because when it is over, someone else gets to look at the facts. And that won't bode well for Jack. At all.

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  4. Mr. Franco, after this deposition, I have to say this is classic, could only happen in Troy. Do you mean Sgt. William Wade, the former Weed and Seed community police officer for the Little Italy neighborhood, beat up his girlfriend, who had to get an order of protection? Do you mean, through this deposition, that former TPD Sgt. Willie Wade is a perp., a crook, a batterer? He beats up on women? Really? He was fired from his TPD job after violating an order of protection! And, he is written about in the local media and on a national blog about police crime and brutality in 2009? Really? Wait, here’s the best part! Willie Wade gets to retire with a full pension on our dime! Enjoy Troy! Wait! Tedesco is really a good cop and has had to deal with crooked cops, inexperienced freaks, and do-little, no-nothing politicians? …a guy in a suit with bad tailoring at the shoulders? C’mon. Can’t be. Not here in the City of Confectionary! No, Mr. Franco, no… it just can’t be!

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    1. Sgt. Wade is a good man and a fine police officer, what happened is unfortunate. He deserves the pension as he earned it while he was part of the TPD!

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    2. Let me get this right, 'cause it's so you and so Troy:
      Domestic violence, battering boyfriend that commits a crime =
      good Troy cop to you! Go you!

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  5. On a side note, perhaps the mayor should think about bringing back Mirch or Pickles as consultants for the DPW. They knew how to get the streets plowed and salted without having to hire some outside contractors, that we cannot afford to pay.

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  6. Maybe Rich Crist can pick up a shovel and pitch in. Do something to earn that six figure patronage job instead of snarking on blogs and twitter all day.

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    1. Are you sure you want Rich to pitch in? The last time Rich pitched in he gave Rodney the council presidency. How's that working out for you? He's worth every penny.

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    2. It's working great. Rodney's laughing at him, Jim Gordon is the tool we always knew he could be. Who else did he help get on the council? Oh that's right! All his other candidates lost. Quite a coalition you built there, Rich. The only thing they'll be passing this term is gas.

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    3. Who else? Let's not forget Teta-Sullivan he gave you her as well. That makes 4 out of nine. That double last election. The way this council is going next election he will have majority and the mayor. Smell the gas now?

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    4. LOL that anyone "gave" the Dems Sullivan-Teta. She's a Wade supporter all the way. You thinking she'll vote with your kooky krew is hilarious. No wonder you can't win jack in Troy.

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    5. Let's see what happen next time without the cross endorsement. We are 2 months in to this Christ council and there stepping on there joints all over the place. The normal people in Troy are embarrassed by all this shit going on and Pete and Lou know it to thus the firing of Jessica and the bringing in of the new pilot to right the ship. They real the change in the wind.

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    6. Wow dumbass, there was no cross endorsement. It's really awesome to read this blog and get a deeper understanding of how stupid and delusional the Republicans are. It explains so many things.

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  7. So uh, dummy here I'll admit. Who "allegedly" violated the HIPAA regs? Meaning, who is Mahar protecting by needlessly prolonging an investigation that could land the culprit in jail? As to the chief's "there were" problems phrase? Yes, there were. Yes, there are. Maybe if he'd stop hanging out with the dimwits of the previous City administration at all meetings, his words and efforts might be perceived as more honest and separate from partisan politics? The Chief and the Mayor working together as a team? Duh...might be better than stoking all the fires one does with these blogs.

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    1. Ask Kathy "unfunded mandate" Jimino. She is county exec, after all. And how busy can she be? We know she's not supervising thieving employees.

      The county is drowning in property taxes and jail lawsuits and she's huddling with Mahar dreaming up some new "task force" on the dangers of sniffing whipped cream. Is ANYONE in charge over there?!?

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    2. The Sheriff's department violated the HIPAA regulations. Google it.

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    3. Cindy Doran is in charge, any questions see her at the wine bar. If you don't know Cindy she will be sitting with Carmella. Good stuff peeps.

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    4. Wasn't the mayor and chief working together for the first year? I believe that's when that ugly "partisan politics" came into play. Two disgraced councilpersons led by a dishonest PBA president rolled all over Lou and Pete. I believe they all took great satisfaction in humiliating him and threw him out of his office just to rub his nose in it. Well, that didn't quite work out did it. So now the chief is at fault for fighting back? Some of you people truly are delusional.

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    5. Oh, Jackie you scamp. Sounds like you've been hitting the wine bar yourself. There are more college girls at the River St bars, don't forget.

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  8. Ever notice that when Rodney knows there's a photo opportunity for the front page of the paper or it could be on the news he wears the loudest color shirt he can find. I guess he's afraid he will blend into the back ground

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    1. Does he get his shirts from Peterson is he also like creamer?

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    2. Also like creamer? smdh racism reigns supreme.

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    3. Look back he only where's white shirt to monthly meeting

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    4. Racism, what? Put down the koolaid.

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  9. This began with Ego McGrath's vendetta against Tedesco and Harry for showing him up to be the blockhead he is. He paired up with Fitz and gullible Nina and tried to exact revenge against Tedesco. But like everything Kevin touches, it failed miserably

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  10. Does anyone else wonder about this Jessica being thrown out on her ass with a moments notice? How is this new guy available so quick? What is looming that makes Pete and Lou need a new consigliere so quick? We all know that a pit bull writer from the Times Union is sniffing all over Troy? There is something about to break loose and it's bad real bad. Somebody or multiplayer are dirty and it's about to come out. Stay tuned.........

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    1. Next week after that pesky tu reporter runs his valenti story bill dunne will announce he too is going to work for a non for profit something he has always wanted to do also.

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    2. Where did Lou find her cell phone this time?

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  11. You people are so mean. Mean, mean, mean. I love Troy. Kevin does, too. He was just helping people who didn't have time to vote or who wanted a trustworthy source for their recreational high of choice. He will win again. You just watch. He can get the Independence Line, the Conservative Line and those WFP people love an outsider, too. Rabbit rules...or will, soon enough!

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    1. Kevin can beat anyone in the burgh.

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    2. Except for Erin she knocked his ass out.

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