Sheriff Mahar will not run for another term

MAHAR

Sheriff Jack Mahar, in a letter to Rensselaer County Chairman John Rustin, said he will not run for a fourth term and instead “enjoy his retirement.”

Now that Mahar’s decision is made, focus is turned to who the major parties will support. Top of the list for the GOP is Pat Russo, a former Troy cop and Mahar’s undersheriff.

Russo has not officially indicated whether or not he will seek the nomination but Bob Ashe, the Hoosick Falls police chief and former North Greenbush Town Board member has also announced his intention to run and has started a Facebook page.

Ashe lost a primary to Mahar in 2003 and appears to be gearing up for a run whether or not he gets the party’s endorsement or not.

GORDON

Two Troy police captains, John Cooney, who was the public information officer, and Terry Buchanan, who headed the department’s Internal Affairs Bureau, were considering running for sheriff and undersheriff, respectively, but have since abandoned the notion. Cooney , who would be the only name on the ballot, is a registered Conservative so he would need permission from a major party to be a viable candidate.

It’s unclear who the Democrats will nominate too. Gary Gordon, who lost a bitter battle to Mahar four years ago, has yet to decide if he will run.

While Russo's record is unblemished, Mahar did have a tough three years-plus in office. He and the county are facing a handful of civil suits related to allegations staff inappropriately and illegally accessed the medical records of political foes and others.

Cooney (Buchanan) could join crowded race for sheriff

COONEY

John Cooney, a former Troy police captain and well-known spokesman for the department, is “seriously considering” a run for Rensselaer County Sheriff, according to a number of sources.

And, while the sheriff does not run as a team with his undersheriff – the latter is appointed by the sheriff – his first choice for the number two spot is another former Troy police captain, Terry Buchanan.

ASHE

Cooney’s name is the only one that will appear on the ballot. However, getting there may be a challenge for the political newcomer. He is an enrolled member of the Conservative Party and as such would either have to run on that line alone or seek permission from a major party to run on its line - a piece of paper known as a Wilson Pakula.

Meanwhile, Bob Ashe, the Hoosick Falls police chief, sent a letter to Republican committee members touting his extensive law enforcement history as well as his electability – he served on the North Greenbush Town Board from 2000 to 2004. In 1978 he began work as a dispatcher, moved up to corrections officer and then to the North Greenbush Police Department where he earned the rank of sergeant. He has started a Facebook page touting his candidacy.

FRAGOMENI

Mahar’s undersheriff, Pat Russo, another ex-Troy cop, has also been mentioned as a potential candidate should Sheriff Jack Mahar not seek a third term.

Also, former North Greenbush Police Chief Rocco Fragomeni is said to be interested. He was a lifelong Democrat but recently changed his enrollment to Republican.

MAHAR

What the Republicans do depends largely on what Mahar does. It is clear many in the party would rather he not but will likely hold their nose and back him rather than engage him in a primary. As of this writing, he has not formally said one way or another and party leaders say he has not reached out to them either. (As an aside I didn’t even try calling him because he has not returned a phone call since the last time he ran… and even that was iffy)

Mahar beat back a spirited challenge four years ago by Gary Gordon, another former Troy cop and a registered Conservative who ran with Democratic Party backing.

GORDON

To say the race was contentious is an understatement. In the end, a handful of people filed lawsuits alleging Mahar and his staff inappropriately and illegally accessed their medical records and two officers of the now dissolved jail guard’s union came under a federal investigation for misappropriating union funds.

Gordon, who was also dirtied up during the campaign, has yet to decide if he will take another run at Sheriff.

                       

 

Buchanan and Cooney headed to retirement

COONEY

Two captains in the Troy Police Department are retiring.

According to a Facebook post by Capt. Terry Buchanan he and Capt. John Cooney are having their retirement party this Friday at the Park Pub at Frear Park starting at 4:30 p.m. Far be it for me to invite anyone to their retirement party but it was on a social media site and is does conclude with “all are welcome to stop by.”

I’ve known them both since I first started at The Record – and they were around long before I was.

Buchanan used to write a column for the paper and Cooney was the Police Benevolent Association President when I first came aboard.

Buchanan now heads up the Internal Affairs division and Cooney is the Public Information Officer.

BUCHANAN is sworn in as captain by TEDESCO

For what it’s worth, I found both men to be upstanding police officers and individuals. I could kill an hour talking – not just about cop stuff but anything - to Buchanan on Broadway and his opinion often played a part in formulating my weekly columns. And Cooney was always honest and forthright – he told you what he could on the record but more importantly made sure we of the Fourth Estate understood what was really going on.

I’m sure there will be all sorts of scuttlebutt about the reason they are leaving is the turmoil among the TPD hierarchy over the past couple years and that may have played a factor. But, they’ve been around long enough to know most turmoil is just a passing phase and in time things will go back to normal. Maybe not the same as it was pre-turmoil, but normal just the same.

In the end, while I have not talked to either of them yet, I’m guessing they just thought it was their time to move on and I wish both men well in their retirement. I’m sure their presence and professionalism will be missed at the TPD.

The upshot is, now maybe they can tell me all the stuff they couldn't tell me before.

Troy police officer suspended without pay for involvement in drug buy (UPDATED, PART III)

     Third update is at the end.

Troy Police Officer Michael Johnson has been suspended without pay for off duty conduct.

Capt. John Cooney, the department public information officer, would not comment on the conduct in question. An internal affairs investigation is ongoing, he said.

Police officers, as per union contract, can be suspended for up to 30 days without pay and then they must be put back on the payroll while the disciplinary process plays out.  

More information as it becomes available.

According to the Times Union, Johnson was arrested in Hudson when a woman he and his brother were with purchased heroin. Johnson was driving the car at the time.

In 2012, Johnson was stabbed in the leg while on patrol near the Martin Luther King apartment complex. He stopped to talk to a group of three males who were acting suspiciously. Johnson was stabbed in the leg before the men fled and he did discharge his weapon. The men were never apprehended and the circumstances surrounding the stabbing remains under question.

At the time, Johnson's story about approaching the three men in a questionable neighborhood just to check out what they were doing was suspect. The three men in question were never apprehended and while Johnson did fire multiple times at the fleeing suspects, he did not hit any of the suspects or anything else.

The military veteran who was involved in combat in Iraq, never backed off his story, however, and since police brass could not disprove it, they had no choice but to believe it. But, since few believed it transpired as he described - with some even wondering if he stabbed himself - I'm told by reliable sources other officers were wary of working alongside him.

That year, he won the "Officer Assaulted Award" for the Jan. 4 incident - an honor I've never heard of but the Police Benevolent Association gives out a slew of awards every year so I don't know if this one was made up to tweak Johnson or not.

Another question I have about Johnson is why he wasn't arrested by Hudson police. Seems to me, if I drive a woman to buy heroin and she actually buys it and then gets in my car and I drive away, I'm as culpable - or close to it - as she is.

Zalewski trashes Doherty's videotaping ordinance

ZALEWSKI

DOHERTY

In no uncertain terms, Councilman Ken Zalewski, D-District 5, shot down a proposal by Councilman Bob Doherty, D-District 4, that would make it a crime for police to prohibit citizens from videotaping officers while they work.  

“I will state this clearly to you right now: If any legislation is presented to the Public Safety Committee that attempts to target police officers for actions that are already covered by law and procedure, I will vote against it,” Zalewski wrote to Det. Sgt. Sean Kittle in response to a letter he addressed to the entire Council. “In addition, I would encourage my colleagues to vote against it as well.

“This is a bit presumptuous of me, but I’m fairly confident that any such legislation would never make it out of committee.”

Doherty, chair of the Public Safety Committee, said his ordinance would carry a fine of up to $5,000 and up to 15 days in jail.

Kittle, in his letter to the Council, said he was “disheartened” by the ordinance, not because he disagrees with it in principal but because there are already laws protecting a citizen’s right to videotape police officers. Also, he said, it violates the Constitution by singling out police officers.

ZALEWSKI LETTER

“I am disheartened because I expect much more from an elected city official than an attempt to advance legislation that is directed at only a select group in our society,” Kittle wrote. “A naïve person may believe your intent is honorable because of misconceptions that exist. But, if you simply change the words from “Troy Police Officer” and replace it with some other specific group (ex: race, religion, disability, etc.) you may begin to realize that you, as an elected official, are not embracing the basic principles held in the U.S. Constitution and the Bill of Rights.

Earlier, Capt. John Cooney called the ordinance an "insult."

Doherty has not formally proposed the legislation but it came out of a third Public Safety Committee meeting over the Jan. 25 melee at Kokopells bar that ended with eight officers injured – six requiring hospital care – and eight people arrested for a host of crimes including disorderly conduct and resisting arrest.

KITTLE LETTER

During the first, well-attended Public Safety Committee meeting, many of the public claimed the TPD implements institutionalized racism and often uses excessive force with little or no ramifications. The criticism continued during the second, but Police Chief John Tedesco did have an opportunity to respond to the accusations and many citizens defended the police not only for their actions on Jan. 25 but in general.

The letters came to this blog through someone with close ties to the Council.

 

  

Public can already videotape police; ordinance is an 'insult' at best

Imagine if a Department of Public Works employee trashes your mailbox while snowplowing and he or she is arrested for vandalism, fined and has to do some jail time.

That’s pretty much the same premise behind an ordinance proposed by Councilman Bob Doherty, D-District 4, that would make it a crime for police to prohibit the public from photographing or videotaping an officer’s activities. The punishment for doing such, according to Doherty, would carry a fine of up to $5,000 and a jail sentence up to 15 days, according to Doherty, chair of the Public Safety Committee.

For starters, police officers work for the city so if the officer is charged – and a cop is innocent until proven guilty just like anyone else – he or she is indemnified and the city has to represent them. And if the officer is found guilty, the city would be responsible for paying the fine. Who does the city pay the fine too … itself?

Also, according to the City Charter, any ordinance passed by the Council “shall be punishable as a misdemeanor by a fine not exceeding $1,000 or imprisonment for not more than one year or both, or as a violation by a fine not exceeding $250 or by imprisonment for a period not exceeding 15 days, or both.”

So, if Doherty does implement his ordinance as proposed, first he would need to change the Charter.

In addition to the local issues, there are numerous federal court cases that already give the public the right to photograph or videotape police officers so long as doing so does not interfere with the officers’ duties. Officers are fair game just like anyone else on a public street or a public gathering spot. A law prohibiting police officers from doing something that is already prohibited is duplicitous at best.

Capt. John Cooney called the ordinance an "insult." I'm sure other officers are calling it much worse, and rightly so.

Obviously, Doherty is catering to the large contingent of Troy that came out strong against the police in the wake of the Jan. 25 melee at Kokopellis. Many residents claim there police used excessive force and have used excessive force for years particularly against minorities. He also pointed to two other cases – James Foley who settled his brutality suit for $90,000, and Brian Houle, whose civil suit is still pending.

The melee did highlight problems between police and the community, but as an elected member of the Council, Doherty should work to bridge the gap and not ostracize or insult one side or another as he is clearly doing with this inane, useless ordinance.

Police were prepared for problems at Kokopellis

FILE PHOTO OF COMMAND CENTER

On Friday night, hours before the riot broke out at Kokopellis, police had its Mobile Command Center set up on Fourth Street and had four extra patrolmen on duty, according to two sources whose information was confirmed by Capt. John Cooney.

The precautions, in place at 10 p.m. Friday, were on the count of police expecting a "large gathering" at the bar," said Cooney, the department spokesman. 

The question then becomes, if police were expecting problems, how did the situation deteriorate to the point where six officers ended up in Samaritan Hospital?

FACEBOOK PHOTO
OF DONLEY

Cooney said the command center and additional officers were outside when the call came in at approximately 2:45 a.m. Saturday about one of the bar’s employees being assaulted - but not inside the establishment. More than 200 people, and some say upwards towards 350, were attending a memorial service for Darzee Reid, a Troy man who was shot to death in Albany on April 18, 2013 by Leonard Spencer.

According to police, some officers went inside where they were punched, jumped on, had bottles thrown at them, sprayed with pepper spray and at one point a patron sprayed a fire extinguisher. Outside, someone threw a garbage can through the window of a police cruiser and other police agencies were called in to assist.

According to Channel 13, the bar’s owner, Dr. Barry Glick, claims the crowd was civil until police entered and tried to arrest 25-year-old Roshawon Donley for assaulting the employee. A video taken from surveillance cameras inside the bar, and televised by Channel 13, seems to back up Glick’s claim that all hell broke loose after the officers entered and the fire extinguisher was sprayed into the crowd.

It’s shortly after that, according to Channel 13’s account of what transpired, the explosive video shot by someone using a cell phone picks up the action. That 44-second clip can be seen below.

In all, five other people were placed under arrest but at the time of this writing none of them were charged with assault – which is why the police were initially called - or any drug related offense. The alleged assault on the employee reportedly occurred when he tried to stop patrons from smoking pot.

Other questions that no one seems to have an answer to:

-Again, how did police allow the situation get so far out of control if they were expecting problems? Was it the commanding officer at the time or the guys in the field who screwed up? I don’t say that lightly, but when six officers end up in the hospital, someone screwed something up.

-Cooney is quoted as saying police used appropriate force while arresting Donley, but how do they explain the 44-second video clip? Also, how did Donely get the black eyes if appropriate force allows officers to hit a suspect in the body’s larger muscles but not the head? I’m told the injuries seen in the video came during the alleged fight with the employee but who knows?

-Why isn’t the fact everyone carries a cell phone, and every cell phone can take a video taught at the police academy?

-Will the administration and/or Council, stand by the cops involved or throw them to the wolves? At this point in time I would be surprised, and disappointed, if they didn’t back up the officers pending a thorough investigation.  

-I did reach out to Donley’s cousin in the hopes of talking to him and the cousin, who goes by the Facebook name of Quanto Quanloo, told me Donley isn’t talking until he confers with an attorney. The next logical question is how much is the civil suit going to be worth?

-How bad will race relations get in Troy? There are already a number of inflammatory comments on Facebook, some of which have been taken down? I don’t think race had anything to do with it but anyone want in on a pool guessing when Rev. Willie Bacote will hold a “march for peace?” There is a rally slated for 6 p.m. Monday in front of the Missing Link Zion Church at 101st Street and Fifth Avenue.