As expected, the owners of Kokopellis have filed a notice of claim against the city and Police Department, more for the aftermath of what transpired on Jan. 25 at the Fourth Street establishment than the melee itself.
The bottom line is Kokopellis owners, Barry and Joe Glick, feel the city and Police Department are harassing the establishment, causing them to lose business with the ultimate goal of putting them out of business.
And, since the city handled the incident so badly – and the fact owners’ Barry and Joe Glick have hired Elmer Keach who is known for suing the pants off law enforcement and winning – I would say the city is in pretty close to a no-win situation.
Since every news outlet in the area has reported the fact the document has been filed, let’s take a look at each element in the notice of claim, which of course is not the formal lawsuit. The formal suit, to be filed in federal court unless the city pays an undisclosed amount of damages, will eventually include a bunch of under-oath depositions - and those should be an interesting read.
Phrases in italics are what are stated in the notice, the phrase following are my observations.
-During the evening of Jan. 24 and/or the morning of Jan. 25, Kokopellis hosted a party for individuals celebrating the life of their recently decease friend, Darzee Reid.
That much is true. Reid was shot to death on an Albany Street in April, 2013 in what was widely seen as a gang related hit. When Judge Stephen Herrick sentenced 27-year-old Leonard Spence to 21 years for the shooting, he described the killing as perpetuating a cycle of violence since Spence’s brother was gunned down a year earlier. I say gang related because Spence mistook Reid as the guy who actually shot his brother, which means who actually did the shooting is still at large.
That is probably one reason police set up the Mobile Command Center outside the bar at 10 p.m. on Jan. 24 and decided to put on additional troops – they were expecting problems and were prepared, if not looking for, a fight.
-During the party, Joseph Glick and his staff smelled marijuana on the second floor of their club. In response, Joseph Glick directed his staff to shut down the club and contact the Troy Police Department.
Incidentally, one of Kokopellis’ staff was assaulted by a patron who tried to push his way onto the second floor that was now closed. The Troy Police Department was called again in response to this assault.
I don’t think any of that is in dispute.
-At approximately 2:45 am, numerous Troy Police Department Officers stormed into Kokopellis and brutally assaulted a number of Kokopellis’ patrons.
“Stormed into the bar” is not an accurate description. The surveillance videos show the police walking into the bar while patrons were leaving in what appeared to be in an orderly fashion. It wasn’t until police went to arrest Roshawan Donnelly that all hell broke loose and police started hitting him with nightsticks.
-The Troy Police Department tried to justify their behavior by claiming that the patrons tried to assault police officers who were attempting to maintain order. However, the Glicks, who wanted the public to know what actually happened in their club, released videotapes of this incident to various media outlets. The video from Kokopellis directly contradicts statements by the Troy Police Department about the events that took place at Kokopellis, and further demonstrated the excessive use of force by several Troy Police Officers.
That much is true, but I don’t think the bar can sue over whether the police used excessive force or not. The patrons certainly can, and it’s just a matter of time before those suits are filed too.
-In order to shift the blame for their outrageous conduct, the Troy Police Department, including Chief Tedesco, made a number of blatantly false comments about the Glicks and engaged in a campaign of harassment against the claimants because of the Glick's efforts to inform the public.
There certainly was a war of words and of video – or better put a war of interpreting the videos. Who won depends on who you talk to as there are just as many standing behind the police and bashing the bar as there are bashing the police as racists. In the end, I don’t think anyone knows how the courts will rule on this one or if it even matters.
-For instance, on the night of the incident, Troy Police Sergeant Carillo told Joseph Glick, Barry Glick and other Kokopellis employees, that when he was done with "this bullshit paperwork. I am going to take your liquor license."
I know Carillo and don’t doubt for a second he said what he’s accused of saying. And the notice claims there are witnesses too. But, I have no idea if that violates anyone’s rights or not.
-Shortly thereafter, and despite the Glick's full compliance with the police department's investigatory efforts, the Glicks were turned into the State Liquor Authority by, upon information and belief the Troy Police Department.
The SLA is investigating and I have no doubt it was based on a complaint, or at least a tip, by the TPD. I don’t know how compliant the Glick’s have been in helping the police investigate. If they were compliant, it certainly wasn’t a long lasting partnership.
-Currently, the Glicks are defending an action by the State Liquor Authority wherein one of the possible penalties is revocation of their license. Additionally, one of Kokopellis" bartenders was recently arrested for serving alcohol to a minor despite that conduct being a ticketable offense and video depicting that minor providing appropriate identification.
That much is true too. The police did point to a section of video that showed someone they claim was underage purchasing alcoholic beverages from the bartender in question. I don’t think police would make up the underage person and then alert the press about it unless it was true, and if it’s a fake ID then I think the bar is still culpable. Also, I think the difference between an arrest and a “ticketable offense” is splitting hairs because she did turn herself into the TPD.
-Since the incident, Troy Police Department officers have parked their cars outside of Kokopellis almost every night causing Mr. Glick to lose a tremendous amount of business. Troy Police Officers have been stopping and towing cars that park near Kokopellis including a friend of Joseph Glick.
I don’t doubt any of that in the least. But, police are known to patrol that area of Fourth Street and known to long before Jan. 25. As far as towing cars goes … I have no idea if police targeted patrons but I wouldn’t be surprised if they did. I also wouldn’t be surprised if they had reason, even if the reason was largely overlooked in the past.
-High ranking Troy Officers, including Chief Tedesco and Captain Cooney, in addition to the Police Benevolent Association President, Bob Fitzgerald, have also made public and blatantly false statements about Kokopellis.
Yep, that much is true too. It’s been a war of words and rather than sit back and let it play out the TPD and city did respond.
-For example, statements have been made indicating that the Glicks were responsible for the escalation of violence because Kokopellis was over capacity on the night of the incident and that patrons were throwing glass bottles from the bar at police officers.
The Glicks maintain their current Certificate of Occupancy does not have any limit, which, if true, then someone didn’t do their job and assign one. There is a sign saying no more than 99 people are allowed on each of the three floors hanging within the establishment but the Glicks say there were 245 according to the bouncer’s counter.
As far as the glass bottles thrown at police officers go, I’m told by a good source they came from Gino’s Pizza located across the street from the bar not from the bar itself.
-On January 28, 2014, several Troy officers produced a search warrant to Joseph Glick at
Kokopellis. The search warrant strictly limited the search to video and audio surveillance equipment. Nevertheless, Joseph Glick caught Troy Police Detective Becker on video searching through cabinets in the basement of the establishment.
If true, and it probably is since the Glicks do have a sophisticated surveillance system set up at the bar, then that’s a problem for the TPD.
-Further, on January 31. 2014, another Troy Police Officer attempted to enter Kokopellis without any identification. After being prohibited entry into the establishment, the officer lifted his shirt revealing his police badge and stated "is this enough fucking identification for you?" After still being refused entry and refusing to give his name and badge number, the officer advised Kokopellis staff that he was an undercover Troy police officer and would be across the street watching the bar.
I don’t know if that is such a big deal or not. It’s not the first time Troy police have sent an undercover cop into a bar and certainly not the last.
-These are just a few of the many incidents of harassment perpetrated by the Troy Police
Department. As a result of the harassment, the Clicks have lost thousands of dollars in revenue from their establishment and suffered significant emotional distress. Moreover, the Clicks have had to close Kokopellis on Sundays and Mondays and close early on Tuesdays because of the reduction in business.
Seems to me if they opened up on Sundays and Mondays and stayed open to normal time on Tuesdays they would make more money not less.
This one is far from over and I don’t know how the city can settle its way out of it since they have defended their actions time and again since shortly after the actual melee. If they settle, it shoots all their posturing as just that … posturing.
Want to know the truth about Kokopellis? Ask the neighboring business owners. They want the place closed.ReplyDelete
Poor Lou, as the headline states Troy is at the top in vacancy rates he believes that's a good thing and even says next year will be better than this 100,000,000 construction year. The only thing building in this city is the pile of sh@t being spoon fed to him by Dunne and Buell. Another coors light and golf package for Pete.ReplyDelete
It's just killing you guys that downtown is flourishing under this administration, isn't it. Hilarious.Delete
Yes, the Tutunjian administration did a great job on the Chasen Building, the Dinosaur and the entire development on Congress Street. Is Bombers still open? You guys are running out of his crumbs.Delete
Are we running out of his lawsuits? Because that would be great.Delete
Chasen was RPI, Dinosaur was a giveaway and Congress Street started under Pattison. Is Shot Spotter still working?Delete
Yes, the Tutunjian administration did a great job.Delete
What a crock of shit Harrys Nazi attacks on all the Mom & Pop Automotive Shops in South Troy was his specialty some of these shops have Senior Citizens in there end of life & times easy marks for Him and That Crack head Deputy of his.
Also don't forget His Buddy who works for the DMV who is his private hit man oh yeah.
The Crack head just makes up false complaints and this DMV Nazi goes in for the kill.
This falls 100% on Doherty and Rodney. THey jumped the gun and rushed to make accusations instead of weathering the initial storm and waiting for the facts. I've never seen a more self-serving individual than Rodney and Bob Doherty shouldn't be allowed to pass gas let alone legislation. Acting in the best interest of the City? I think not. Shame on both of them for using race to further their own political careers. They should both step down as they obviously do not have the City in mind. And for Chris's sake, anyone who meets Doherty knows within two minutes knows he's closer to Bob Cox's level than you think.ReplyDelete
Amen to that thought. Soooo accurate !Delete
Don't forget Robertson and her telling people to file class action lawsuits. All three of em need to be remindedf this November 2016. Going to be a long two years with the three stooges.Delete
The facts are that RODNEY HAS NO TAKEN A SIDE. He simply and ONLY asked for an outside investigation after Tedesco came to him. If you feel the need to keep lumping him in to other categories...that's on you. Never once has HE made this about race, never once did he say the patrons were in the right or that the police were within their powers...he just said an outside investigation is warranted. That is it.Delete
Neither Rodney nor Bob D. jumped the gun. They only asked for an outside investigation. It seems to me that attacking Rodney, Bob D., Rev. Willie, the Glicks is a diversionary tactic in an attempt to mask the truth. By the way, Robertson was answering a question from a constituent. People have only been reporting her response not the entire thread, taking it out of context. More diversionary tactics.Delete
Who used the term KKK? Not the police. That's a fact.Delete
The fact that they immediately asked for an outside investigation is in fact the definition of jumping the gun. Without any facts they both hopped on the offensive against the police with absolutely nothing to qualify either of them to ask for an investigationDelete
I wonder if holding a public forum to which none of the police are invited is an attempt to mask the truth.Delete
@ 6:47 I think that is right on the money. Only a lawyer who wants a slice of the City of Troy pie was there to "answer questions". Diversionary tactics, sounds a whole lot like Willie. I'll beg Stewarts to buy his house so he can leave.Delete
public forums are just that...public. No invitation needed....the TPD is really upset about public forums? Really? They have been at every single meeting. Makes no sense. Immediately asking for an investigation...yes immediately after he met with the chief and was shown video footage and talked to the cops and bar owners....yes he immediately jumped to conclusions...Delete
The police were asked not to attend the forum. But hey, what are facts? We're they shown all the footage? Those pesky facts can sure make jumping to conclusions look foolish.Delete
It's a joke of a claim, designed for publicity and nothing else. But let's all sit back and wait for Harry, Crist and crew try to blame this on the Troy Dems even though Tedesco is their boy.ReplyDelete
Tedesco wasn't in charge when this happened and had no oversight of the department, Lou and Fitzy's boy Magnetto was. I know it's impossible for you dems to see how pathetic and incompetent your administration and council is, so stay with the same drumbeat, Mirch did it.Delete
Can you read? Rhetorical question for a Troy Republican, I know. So let's do it together:Delete
"In order to shift the blame for their outrageous conduct, the Troy Police Department, including Chief Tedesco, made a number of blatantly false comments about the Glicks and engaged in a campaign of harassment against the claimants because of the Glick's efforts to inform the public."
They're saying Chief Tedesco made "blatantly false comments". Unless Tedesco is a marionette and Magnetto can throw his voice well, this claim is directly on Tedesco.
"Since the incident, Troy Police Department officers have parked their cars outside of Kokopellis almost every night causing Mr. Glick to lose a tremendous amount of business. Troy Police Officers have been stopping and towing cars that park near Kokopellis including a friend of Joseph Glick."
Patrols every night? Wait, who's in charge of the TPD since mid-February? Why, that would be Tedesco!
But yes, let's blame the Democrats. When something bad happens in Troy, it's always the Democrats' fault. But when something good happens in Troy, it's never because of the Democrats, right? It's because of Harry, or Mirch, or Vito, or Mark McGrath, or voodoo dolls, or a full moon, or possibly the Rensselaer water debt.
There's only one person in charge in Troy---The MayorDelete
-Who happens to be a democrat!
-$356,000 clerical error, who's in charge----Lou
-lack of snow plowing, who's in charge -----Lou
-civil service appointments, who's in charge--Lou
-who appointed Pete Ryan-----------------------Lou
-who appointed Bill Dunne------------------------Lou
-who ordered Fitzies lawsuit settled------------Lou
So forget all these other names there is one person in charge:
LOU.........so please be real
Save to say sums to be LouDelete
Waaaaaaaaaaahhhh poor Harry. Rejected by voters, sitting in the corner with his dunce cap stomping his chubby little feet while Mayor Lou smiles and cuts ribbonsDelete
Let's not forget the sidewalk incident when Dunne was caught and LOU merely suspended him.Delete
Or the King Street debacle where you can take your pick who was greased (Dunne, Ryan).
And that awful smell coming from the banks of the Hudson on the Scolite site. Funny that was on the agenda, and secretly pulled. But it's no longer Mirch it's now Harry, Mark McGrath or Vito? Put down the Kool-Aid.
Dunne forgets that stuff when he blogs.Delete
dave was overseen talking to the grants writer. he wants a grant to buy new shoes.ReplyDelete
Yes grant writer has been involved in all aspects if planning process and actual application of plans and procedures. 10 cops paid by grants 32 million in monies funneled to the city. The record speaks for itself.Delete
Acceptable footwear is not that expensive Hightop. You drive a jagDelete
The alleged grant writer is also a part time comic, and favorite customer of the Hedley Bistro, where he spends mucho time. Take a look at the grants that Albany gets, and compare it Troy -----very large disparity in the numbers ----which should tell his bosses allot.Delete
He's not a very good comic, he should keep his day job.Delete
So tell us miss smarty pants, how many grants have you written, ever? How much funding have you brought into this city? I'm guessing its less than the size of your feet.Delete
engineering department hours of operation 11:30 - 3:00 monday - Thurdays Fridays 10 - 12.ReplyDelete
Then how is there over 30000 in overtime in that officeDelete
Btw... in engineering dept today... woman at desk had bottom cabinet drawer pulled out with her feet in it as she was doing her nails... wtf... more wasted $$$$.... oh & this "gem" was the only person there!!Delete
They also have parking passes that allow you to park in 1/2 parking in front of city hall all dayDelete
Engineering department has also been called flip flop havenDelete
The poor drawerDelete
Ciao Troylers and Troylettes!ReplyDelete
It is Wacky Week again with a City Council meeting Thursday. Come to the Delusional Cabaret after the boring meeting for a full evening of "safe" entertainment. We'll have Muscles M. McGrath as the Bouncer clad in his unique, shirtless uniform. Teddie and the Police can stay parked down the road all night. We're good to go!
Enjoy fine dining and great wine for the show. I'll be hosting as Groucho Marx Revivdus and will offer tips throughout the night on how to beat the system. Joining me will be Munster Doherty at times, just for laughs. Maybe Franco can come and broadcast live?
The rest of the line-up?
1. Crazy Carmen offers a DIY workshop on "How to get a great State job without any qualifications whatsoever via a strategic investment program." HS education required. Nothing more.
2. Wild Bill Dunne will speak (no more than 5 minutes) on how to use Social Media to get your point across without resorting to fisticuffs at City Hall.
3. Kreepy Kevin M. and Naughty Nina N. will offer a musical interlude as a duet and introduce their new song to the world: "People and Places I've Known and Loved in Troy."
4. Floozy Fitzy is the Headliner offering a show and tell on Troy's "Pain Compliance Techniques." This will be a hands on performance. Victims (oops, I mean volunteers) needed who will be suitably hammered by Fitzy's baton. No prior experience necessary. The chubbier, the better! If we're lucky, he might even bring a Taser along.
It's a real don't miss evening.
Dr death by chocolate and family question the advances made in the city of troy since tan actual competent administration heads the city they are trifold. Look at downtown the unit count through the city. Development spurs everywhereDelete
Bill you and I are closer. Dr DDelete
He loves ice cream. It's personalDelete
Crawly makes 90 g's. How you doing b dunne?Delete
Doing well and proud of the accomplishments of a competent administration.Delete
If you call constantly stepping on your dicks competent --so be it. I'm particularly impressed by the way the administration has shut down major roadways for months without any work being done to correct the problems.Delete
I dont understand petersons shirts... SO many colors... like a bag of skittles...Delete
What a fashion plate. Hes like city halls very own Jonathan Taylor ThomasDelete
Dr death is his groupieDelete
If you put Petersons shirts on Bill Dunne everyone would think that he is Cameron from Modern Family only a lot more feminine.Delete
He more like guy fieri if you ask meDelete
Pack some snack packs and granola grant writer. He's coming for youDelete
Reported from city hall on select Fridays b dunne tries to dress like Peterson. He can't pull it off. Maybe he will try the wrinkle look that grant writer sportsDelete
How many lawsuits has Elmer filed against the Sheriff for the HIPAA violations? Any determination on when the Sheriff will finish that investigation, its only been 2.5 years, no big deal. And those suits that Elmer filed, guess what, the County's insurance company is not going to defend them, guess who gets to pay for the defense as well as the payouts? Troy taxpayers. How about those lawsuits Jim? Can't call him out? Where are the questions about those violations of rights? Not allowed?ReplyDelete
When will Gary Gordon stop with the jail sniping. Gary, you lost. And even if Mahar doesn't run again, you can't win. It's COUNTY sheriff, not third world Troy. Did it ever occur to you that people move out to get away from people like you?ReplyDelete
You mean Not Sheriff Gary Gordon.Delete
When things go bad say. What would dave Sheeran do?ReplyDelete
Make a new pair if cut off shorts? Empty out an apartment full of people grow hair out and get another perm. Wear feather earrings. Polish his extensive footwear collection. Master putting bate on a fishing line.Delete
I usually ask, what would Barry White do? Never thought of asking what Dave Sheeran would do. I will from now on though. Gonna get me some patent leather high tops as a tribute.Delete
Well at least high tops actually cares about the city.Delete
Maybe a certain builder will try to put 6 poorly built homes on a single lot. Dr d?ReplyDelete
What has b dunne done for the city?ReplyDelete
He got rid of those two pesky state auditors, they wont come back to city hall...Delete
At the rate the admin is spending my guess is they will b backDelete
If it was all so great and wonderful under Harry, why can't he get elected to anything? Two losses to the crew the Dems have speaks volumes about him.ReplyDelete
You could train a monkey to say a few words, register the primate Dem, and it would win in Troy.Delete
That says more about the Rs than the Ds.Delete
Then why doesn't Harry just change his registration? He's got the rest of those qualifications down patDelete
Love that picture of Mark McGrath and the mobile command vehicle. Is he wearing jorts?ReplyDelete
Indeed he is. What a fashion plate!Delete
Fashion God in that mohair sweater tooDelete
Mayor Bonilla is not in charge bossReplyDelete