The FBI visits the TPD (UPDATED)

TEDESCO

An FBI agent was at the Troy Police Department to interview Chief John Tedesco at 9 a.m. this morning, according to multiple sources.

What transpired is unclear, but Tedesco did publically call on the FBI to investigate allegations of impropriety in his decision to release a letter to Frank Fogarty confirming the Cohoes resident’s allegations that Officer Kyle Jones used excessive force during a Dec. 23, 2012 arrest.

(Since posting this, multiple sources have told me Internal Affairs records were seized by the FBI.)

Tedesco hired attorney Brian Premo to represent him in any potential litigation against the city since he was stripped of nearly all his duties with the February appointment of Commissioner Anthony Magnetto. Premo was not present at Tedesco’s meeting with the FBI and would not comment on the specifics of any FBI activity.

“He (Tedesco) previously called for an investigation by an outside agency into the Police Department and Internal Affairs and it’s good news for the City of Troy,” Premo said. “Perhaps now the mayor will realize this is a serious public safety matter and more than a ‘distraction.’”

MAGNETTO

Internal Affairs, headed up by Capt. Terry Buchanan, did conclude Jones used excessive force when arresting Fogarty for fighting on Broadway in Troy. As per protocol, according to Tedesco, he released the findings to Fogarty. Seven months later, the Police Benevolent Association filed an IA complaint against the chief for releasing the letter. The chief, and the letter, say the investigation was concluded while the PBA maintains Jones did not exhaust all of his appeal options.

As far as anyone knows, there has been no disciplinary action taken against Jones. Though, Tedesco said he told others in the department that the case should be handed to the District Attorney’s Office to pursue possible criminal charges.

If it were you or me we would likely be charged with assault. A police officer is really no different if they use excessive force. Actually, I would say the standard is higher since the complaint says the beating occurred after the arrest which means Fogarty was likely in handcuffs.

Also, according to the Times Union, Tedesco did meet with Buchanan and Deputy Chief Richard “Buddy” McAvoy on Monday. There is no indication of what transpired behind closed doors. I find it odd that two with less seniority can investigate one with more, but then again this is Troy.

Also, according to the TU, the FBI agent met with Buchanan and Capt. John Cooney as well as Tedesco. I may have gotten that information too, but The Record kept my Rolodex.

Meanwhile, Tedesco, through an eight-page letter by Premo (pictured left), called on the Troy City Council to hold a hearing on the matter. In the letter, Premo outlines his belief that the Police Benevolent Association, Mayor Lou Rosamilia and Commissioner Tony Magnetto, among others, basically conspired to get Tedesco to quit his job.

Premo’s letter really says basically what I’ve been saying since Tedesco was appointed by then Mayor Harry Tutunjian over Magnetto and now Deputy Chief Buddy McAvoy – that the PBA didn’t want Tedesco from the get go beca 
 
 
use it knew it would shake up the department, used its considerable political influence to get those who can do something about to do something about it and ultimately want control of the department back.

My guess is, though, when a lawyer wields the pen, with the ink comes the power to bring a lawsuit and that carries a bit more weight than a hack columnist.

As of now, the Council has not responded to Tedesco’s request and Rosamilia has called the chief’s actions a “distraction.”