More on the Democratic Party Committee battle



WADE (Times Union photo)

It’s not a complete house cleaning but Rensselaer County Democratic Party Chairman Tom Wade is getting rid of “dead weight” and those deemed “disloyal” to the party.

 

As reported, when the petitions forms for committee members were handed out last week, they did not include the names of Council President Rodney Wiltshire, his wife Jolene or Councilman Ken Zalewski, D-District 5.

They also didn’t include three family members of Brian Premo - a long time attorney and Democrat who also has had his differences with Wade - for their committee seats in Brunswick.

The Wiltshires and Zalewski, however, will not be “bullied by the chairman," according to their camp, and are preparing to wage primaries. While Wade did not say he would follow through, he does have the option of assigning a committee to hold hearings to determine if they should permanently get thrown out of the party for disloyalty.

WILTSHIRE

The way it works, though, is that a committeeman can run in any Election District located within the Assembly District in which they live so it’s kind of difficult to see who will run against who until the petition process is complete.

Anyway, disloyalty, according to Wade, includes Zalewski’s support of Republican Councilman Dean Bodnar, R-District 3, over Democrat Michelle DeLair in last year’s election and Wiltshire’s acceptance of the Independence Party line - which helped him oust Councilwoman Lynn Kopka,a party loyalist, as president. Since the Independence Party is controlled at the local level by the GOP, Wade claims Wiltshire made a deal and gave Republicans appointments in return for the party’s nod.

The “dead weight” claim stems from Wade’s contention that the Premos do not show up to committee meetings and do little or no work for the party.  

ZALEWSKI

Also, two years ago, Wiltshire, Zalewski and Premo worked for Robert “Rabbit” Riley in an unsuccessful effort to oust Wade as chairman.

The way it works, according to Wade, is that the town chairs throughout the county and council district leaders in Troy recommend names of those party members they would like to see serve on their respective committees. Wade maintains he is only following those recommendations.

Control of the committee is important in that the committee picks the chairman and ultimately has control who the party endorses. Zalewski is term limited out, but Wiltshire does have political ambitions past the Troy Council and one option is obviously mayor.

If Wade is not supporting Wiltshire for committee, it stands to reason Wiltshire is not his top pick for mayor should Mayor Lou Rosamilia opt not to run for another term. Actually, it would be difficult to see Wade supporting him for another run at Council.

Wade said the party is also shaking up committees in Grafton, East Greenbush and Hoosick but denied there is an all-out house cleaning in Troy as evidenced by the party carrying petitions for former Troy Councilman Mike LoPorto and operative Tom Aldrich in Troy, Charles “CB” Smith in North Greenbush and Phil Malone in East Greenbush. All of whom have had their differences with Wade.

In other words, the war is on and it should be a good one. Wade has been through them before and is not without his support on the committee and Wiltshire and Zalewski are two proven vote getters and popular in the city.  

Given the discord within the Democrats, though, its most powerful weapon remains the complete lack of a Republican Party in the City of Troy.

You go after the shooter

COLEMAN

I think attorney Cheryl Coleman summed up voter fraud nicely when on Talk 1300 Sunday she compared it to a hypothetical murder case: “Why would you make a deal with the shooter to get the cab driver who waited outside the bank.”

Given that’s how the whole thing went down – evidenced by the fact former City Clerk Bill McInerney got on the stand and admitted to forging scores of Working Families Party absentee ballot and absentee ballot applications for the 2009 primary – I can see why former Councilman John Brown is upset by the fact he is the only one implicated in the scheme going to jail.

Late last year, Brown appealed his six-month sentence imposed by Judge George Pulver claiming it was harsh and excessive. Thing is, he waived his right to appeal when he pleaded guilty to possessing one forged ballot as part of the deal. Recently the prosecutor in the case, Trey Smith, replied to the appeal and the Appellate Division will rule one way or another.

As a kicker, as nothing is simple when talking about voter fraud, Brown also perjured himself in front of the Grand Jury so six months in jail to satisfy two felonies – plus who knows how many others he could have been charged with – so six months isn’t really harsh or excessive and he agreed to it. I’d be shocked if the court intervened in this one.

Of course, after seeing how everything else unfolded, with everyone who contested the charges getting off and the other three who pleaded guilty not looking at jail time, Brown is having second thoughts. Who can blame him for not wanting to go to jail while others are not?

McInerney admitted to doing far worse things than Brown but as Coleman said, McInerney was the first in line to cut a deal with Smith and Smith needed someone to spill the beans on Board of Elections Commissioner Ed McDonough and her client former Councilman Michael LoPorto.

But McInerney, who as part of his deal had to spend some time working on the Sheriff’s work order program picking up garbage or what not, was hardly the star witness Smith needed to convict McDonough or LoPorto. He admitted to committing the forgeries, but didn’t point the finger at anyone but himself, and he didn’t do that until he was granted a level of immunity that far outweighed the crimes he admitted to committing.

There are all sorts of conspiracy theories kicking around and one includes that Smith engaged in “selective prosecution” by going after McDonough, who is represented by attorney Brian Premo, and LoPorto instead of McInerney and those higher up in the Democratic Party who may or may not told him what to do in order to steal the WFP line for their candidates. It may or may not be true, but believing Smith was in the tank through all that voter fraud encompassed throughout the five-year ordeal is a tough concept to grasp and an even harder to prove. 

That’s the bottom line. I don’t see a grand conspiracy. I see a bunch of guys who desperately wanted to win the election – including Brown who was angling for Council president – wanted the WFP line that was routinely stolen by the GOP, had no idea how to go about it and the one who headed up their campaigns in the hopes of keeping his job or getting a better one – McInerney - ended up forging about everything in sight.

And then there was the less than stellar effort to prosecute them and in the end, McInerney was the proverbial shooter in Coleman’s analogy … and everyone else was driving the cab.

 

Troy cop at center of controversy previously accused of abuse

FOGARTY LETTER

The police officer at the center of the controversial release of a report that found he used excessive force was accused of abusing another suspect months earlier.

According to documents, Officer Kyle Jones was found to have used excessive force while arresting Cohoes resident Frank Fogarty on Dec. 23, 2012. He was also accused of using excessive force while arresting Brian Houle, of First Street in Troy, on June 26 of the same year. The second incident was just days after a bizarre Facebook exchange between the two and then a telephone conversation where the two debated the meaning of a hero.

According to the April 18 letter Chief John Tedesco sent Fogarty: “I write today in response to the personnel complaint you initiated by you alleging that Officer Kyle Jones caused you to suffer physical injuries during your arrest on December 23, 2012.

“An investigation into this matter has concluded, and it has been determined that Officer Jones did utilize excessive force against you. Please know that any remaining actions taken on this matter will be administrative in nature.”

FOGARTY STAPLES
AND A PHOTO OF
HIS BRIUSED RIBS

I’m not sure what “administrative in nature” means but I’m told it is non-criminal, and can include anything from a written reprimand, to a suspension without pay, to termination.

According to documents, at around 1:30 a.m. Fogarty was arrested for fighting at the intersection of Broadway and the Franklin Street Alley. When Jones tried to place him under arrest, Fogarty resisted; and his wife helped. They allegedly succeeded in their effort to resist, and they were charged because of it. They were also charged with harassment and Frank had a disorderly conduct charge thrown in too. Fogarty filed an official complaint alleging Jones used excessive force and an Internal Affairs investigation determined that to be the case.

Force, of course, is a necessary evil in law enforcement, as police officers are, at times, called upon to put people in handcuffs and take them to jail. Understandably, many would rather not see that happen. I am not going to guess what constitutes an excessive use of necessary force because I’m sure there are a number of variables in any given situation.

I’m not sure those variables include the definition of “hero,” however.

On June 26, 2012 Jones and others arrested Brian Houle for disorderly conduct and resisting arrest in front of his First Street home. Four days prior to the arrest, Houle, a freelance photographer, called himself a hero on the social media site Facebook for putting out a car fire in Lansingburgh. Jones took exception using the word hero, questioned whether there was even a fire and after posting his thoughts on Facebook engaged in a lengthy telephone debate with Houle over the definition of hero. Of course, Houle recorded the entire conversation and while Jones may not have directly threatened Houle, he came pretty close. An IA investigation found Jones did not use excessive force but did violate two Code of Conduct provisions, including the one where an officer is required to maintain a degree of impartiality.

I’m still kind of confused as to why Jones decided to arrest Houle (pictured at right shortly after his arrest) in the first place. Houle claims he was targeted because of the earlier not so friendly interactions. Jones claims Houle jumped out in front of his cruiser to provoke the arrest. Witnesses and Houle claim he was beaten by the officers’ flashlights – yes it’s plural because Jones did call in backup. While other witnesses and police claim Houle was beating his head against the cruiser’s windows.    

Anyway, now the Police Benevolent Association is upset with the fact Tedesco released the letter to Fogarty and wants the IA to investigate. The chief says he’s done the same thing scores of times and wants the FBI to investigate the allegations. The chief waived his right to confidentiality and has invited the press to sit in on his IA proceeding. A gutsy move for sure.

The PBA and its president, Bob Fitzgerald, have been quiet as of late because they got their guy, Commissioner Anthony Magnetto, in to oversee Tedesco and the Police Department. But, Magnetto said he might step down early next year and the PBA has to start dirtying up Tedesco again so Mayor Lou Rosamilia appoints another commissioner to keep the chief in check. If you remember, Tedesco, who was appointed chief by then Mayor Harry Tutunjian, tried to shake things up at the TPD by disbanding some tired and ineffective bureaus to make things run more efficiently. He succeeded, but it did irk the PBA which would like nothing but the status quo. (photo above is of Tedesco and Jones during the latter's swearing in.)

This one is not over by a long shot. We have the IA investigation into the chief and Houle and Fogarty are suing the city with Danielle Neroni and Trey Smith representing, respectively. Houle was found not guilty of the criminal charges. It's unclear the disposition of Fogarty's case.