AG won't investigate Abelove in Crist case; majority opens minority's mail and finds out first

ABELOVE

     In a Feb. 6 letter to Peter Grimm, the minority leader of the Rensselaer County Legislature, state Attorney General Eric Schneiderman’s office said it would not pursue an investigation into District Attorney Joel Abelove’s decision to drop a case against Rich Crist, the spokesman for the Republicans on the Rensselaer County Legislature.

     “The Public Integrity Unit has carefully reviewed your correspondence and has determined that your complaint does not warrant action at this time,” according to the letter signed by an official in the AG’s office. The signature is not legible. (see the letter below.)

The letter was postmarked Feb. 13, but Grimm and his five colleagues in the minority didn’t receive the letter until Feb. 18. Instead of going directly to that office, it ended up in the majority office and someone there opened and read the letter before delivering it to the proper recipients on the other side of the building. The letter came from the AG’s New York City office and it is unclear when it was delivered to the county building. (See the envelop below)

CRIST

     “What the majority did is inappropriate and possibly illegal,” said Legislator Cindy Doran, D-Troy. “It’s another example of their complete disregard for our office and the voters of Troy.”

     All six Democrats on the Legislature are from Troy.

     Crist was charged with endangering the welfare of a child and harassment stemming from a family dispute he had with his teenage son in July, 2014. A motion to dismiss the charges was not challenged by Abelove’s office. While the disposition may be correct, the controversy came about because Crist worked on Abelove’s DA campaign last year.

     Meanwhile, the six Democrats on the Legislature, in a Feb. 17 memo, called for Abelove to fulfill his duties as DA and investigate Chairman of the Legislature Martin Reid for inappropriately collecting more than $15,000 in unemployment benefits or for the DA to step aside and let a special prosecutor take the case.

REID

 
   “In addition, you should agree that your office has a conflict of interest in proceeding with this case due to the fact that you have employed a relative of Mr. Reid as an assistant district attorney and the political difficulties you may foresee I prosecuting someone who has oversight of your budget,” according to the memo sent by the six democrats.

       An administrative law judge determined Reid willfully and intentionally defrauded the Department of Labor.

     Last week, the Democrats were prepared to call for Reid’s resignation however the chairman cut the meeting short before giving the elected representatives an opportunity to speak.

       Also, Reid, a Republican, did repay the $15,335 he improperly collected, according to an Aug. 4, 2014 receipt from the state Department of Labor Unemployment Insurance Division. I’m not authorized the release the receipt but there was some confusion on whether or not Reid paid back what he owed. The first TU article stated that the money would be taken from any future unemployment benefits Reid receives in the future.

DORAN

       Reid was let go from his state School Board’s Association position and began collecting the maximum unemployment benefit of $405 a week. He failed to tell the Department of Labor, however, that he was making $30,000 a year as chairman. An administrative law judge determined Reid willfully and intentionally committed fraud.
  
     According to the Times Union, the matter was referred to the Rensselaer County District Attorney’s Office. Abelove said he did not receive any such referral and surmised that it must have come while Acting DA Arthur Glass had the helm prior to Abelove’s being sworn in on Jan. 1.

Reid has remained silent on the issue but there are no public plans for him to step down.

      Assemblyman Steve McLaughlin, R-Melrose, an outspoken critic of corruption in state government, recently let Reid go from his staff.

  

   

Minority Letter a g

Envelope

It's an understandable mistake

REID (TIMES UNION PHOTO)

I think it is an honest mistake. Actually, it’s so understandable it’s painful.

I can see how it all went down now.

Martin Reid, chairman of the Rensselaer County Legislature, gets let go from a pretty nifty $70,000--plus job at the state School Board’s Association and signs up for unemployment. The state Labor Department is pretty liberal in granting unemployment benefits to those just out of work – only to scrutinize later - and since he was making a good buck he gets the max, $405 a week.

Each week he hops online and answers a series of questions to get his $405, one of those being: “Did you work from such and such a date to such and such a date.”

Reid, sitting at his computer on a Sunday night or Monday morning, thinks about the previous week and comes to the only logical conclusion – he didn’t work.

Sure, he approved a resolution honoring the Hoosick Falls Junior Varsity Volleyball team for coming in third out of the four JV volleyball teams in Class DD. Yes, he signed off on another resolution urging state lawmakers to repeal the Safe Act.  And yes, he personally found the legislatures Veteran of the Month to honor and nominated a Rensselaer County Dairy Queen because he is friends with the teen’s parents.

That’s the gist of what the 19-member panel – that has an annual budget of $1.3 million – does at their monthly meetings so it’s understandable if Reid was confused with the word “work.”

But, for being the titular head of that body, Reid gets $30,000. Therein lies the rub.

He failed to report that income – whether he earned it or not – while collecting more than $15,000 in unemployment benefits and that is a problem.

 According to the Times Union, a state administrative law judge assigned the case said Reid: “Willfully and intentionally misrepresented the facts.”

According to the TU, each week Reid collected benefits he told the state he made less than the $405 eligibility threshold to collect any unemployment at all. But, also according to the TU, he made about $1,150 every other week to clap for volleyball teams (that last part was mine, not according to the TU.)

I did, however, break out my calculator and divided $1,150 by two and discovered Reid earned (made is a better word) $575 per week as chairman of the Legislature. That, in case you need me to hold your hand through this complex arithmetic, is $170 more than $405.

The state Labor Department referred the case to Rensselaer County District Attorney Joel Abelove, who has yet to indicate whether or not he will pursue criminal charges.

I would say Abelove, who like Reid is a Republican, is in a tough spot.

ABELOVE

His office just agreed to dismiss endangering the welfare of a child charges against the county’s top Republican operative, Rich Crist, for an altercation Crist had with his 17-year-old son. And it just so happens Crist makes more than $95,000 a year working for Reid. Also, according to the TU, Abelove , who has been in office all of 21 days, hired one of Reid’s relatives, Christine Labbate, as an assistant district attorney.

And, Crist’s brother, Greg Crist, represented Reid through his dance with the Labor Department.

Legalize for that scenario is: “In a tough spot.”

As an aside, I don’t see the difference between this case and that of Councilman Gary Galuski, D-District 6, who the AG threatened to sue in an effort to recoup more than $30,000 in unemployment benefits Galuski collected while he earned $15,000 a year on the Council.

One difference is that Crist, who is Reid’s spokesman, told the TU Reid settled the case and paid what he was supposed to pay. I don’t know if Galuski did or not, but one reason the AG threatened civil action was because he wasn’t making his payments.

Why one is civil at the state level and the other referred to a local DA as a criminal matter I have no idea.

Abelove should not have touched Crist case

ABELOVE

In one of the most egregious displays of political payback I have ever seen, District Attorney Joel Abelove did not contest a request by Rich Crist, a longtime Republican operative, to dismiss charges of harassment and endangering the welfare of a child.

Crist was arrested for a July 11, 2014 incident involving his 17-year-old son, the culmination of a months-long disciplinary issue with the boy that included law enforcement. I’m told the kid took the family car for the night against the parents’ wishes and when Crist caught up with him in the parking lot of the Castleton Elementary School it became physical.

According to the Times Union, Child Protective Services determined there was nothing to warrant the violation harassment charges and the misdemeanor endangering charges stem from children who witnessed the incident in the parking lot of the Schodack school.

It was a weak case from the get go and the charges probably should have been dropped. But not by Abelove. Crist is one of the reasons Abelove beat Carmelo Laquidara for the seat he now holds.

As the TU astutely points out, Crist helped Abelove win the Independence Party primary. On that line, Abelove received 1,596 votes on Election Day. He won the election by 492 with 45,470 cast. 

CRIST

As such, Abelove should not have touched the case at all. But, Crist’s attorney, William Dryer, made a motion to dismiss the charges and Abelove didn’t challenge the motion in Sand Lake Town Court. The judge is not mentioned in the TU article but the case was bounced around a bit in an effort to find an objective jurist given Crist’s political activity in Rensselaer County. But there are two Democrats on the bench in Sand Lake.   

Crist makes $95,000-plus in his official role as the legislative liaison for the Republican majority, a position he’s held for some two decades. He is also the GOP’s most prolific operative, is the party’s de facto chairman and has a consulting business on the side.  In the past he has come under fire for allegedly doing political work out of the county office building using county staffers. He has worked as a consultant on a number of judicial and other races including those for statewide office and congress. He also serves as the Schodack Republican town chair.

There is no record of Abelove paying Crist for political work at the state Board of Elections but Abelove has not filed his January, 2015 disclosure statement yet either.

Abelove told the TU he saw no reason to recuse himself because most of the work on the case was done before he took office.

"And, he was not directly involved in heading my campaign," Abelove told the TU of Crist.

But Arthur Glass, who was acting DA until Abelove was sworn in on Jan. 1, said there should have been a special prosecutor appointed.

"You don't even want to give the impression of any impropriety," Glass to the TU.

Too late for that.

 

 

Race for DA is too close to call

ABELOVE

The race for Rensselaer County District Attorney will go to absentee ballots.  

According to unofficial results from the Board of Elections, Republican Joel Abelove ended the night with 50.36 percent or 21,857 votes to Democrat Carmelo Laquidara’s 49.58 percent or 21,518 votes.

LAQUIDARA

There were about 2,700 absentee ballots issued and 1,814 were returned to the BOE.

The re-canvass of machine votes generally takes place the day following the election. It’s unclear when the two sides will sit down and go through the arduous process of counting the absentee ballots.

The two are vying for the seat vacated when Rich McNally was sworn in as a Supreme Court judge on Jan. 1.  

DA minor party primary goes to absentees

ABELOVE

A mere three votes separate the two candidates for Rensselaer County District Attorney in the Independence Party primary and it will come down to paper ballots.

At the end of the night Tuesday, with all 82 Election District accounted for, Republican Joel Abelove had 417 votes while Democrat Carmelo Laquidara had 414. There are, however, 212 returned absentee ballots yet to be counted as well as two military ballots. It’s unclear how many affidavits, if any, were turned in at the polling places on Primary Day that not yet counted.

LAQUIDARA

The two are vying for the seat vacant since Rich McNally was sworn in as a Supreme Court judge on Jan. 1.

The Independence Party is important to any candidate because there are 7,380 enrolled in Rensselaer County. But, the party with hardly a platform to speak of does have a catchy name that lures voters into pulling the lever on that line thinking they are being independent too.

Coupled with the Conservative Party line, which Abelove also has, the two minor parties can account for up to 15 percent of a major party candidate’s vote total in November.

Laquiadara, the former City of Rensselaer judge who became first assistant DA earlier this year, has the Democratic Party line and fended off a write in campaign to secure the Working Families Party line by a count of 107 to 41.

   

DA candidates vie for minor party lines

District Attorney candidates Carmello Laquidara and Joel Abelove, a Democrat and Republican respectively, will square off for the Independence Party line on Tuesday.

The position became open after Rich McNally was sworn in as a Supreme Court judge on Jan. 1.

Laquadara was a judge in the City of Rensselaer and Abelove used to work in the District Attorneys Office.

There is also an Opportunity to Ballot, or a write in, for the Working Families Party and the Green Party. Laquadaro has the endorsement of each party and his name alone will appear on the ballot.

Abelove received the endorsement of the Conservative Party and there were not enough signatures collected to force a write in for that party’s primary.

It was surprising when Abelove did not get the Independence Party endorsement because it is largely controlled by the GOP, at least locally. Rather, the party endorsed both candidates and is going to let them duke it out on Tuesday.

The polls are open from noon to 9 a.m.

Here is a link to all the primaries in Rensselaer County.    

Two primaries in DA's race between Laquidara and Abelove

LAQUIDARA

ABELOVE

September’s primaries will have a major impact on the race to replace Rich McNally, who is now a Supreme Court judge, as the Rensselaer County District Attorney.

Democrat Carmello Laquidara and Republican Joel Abelove both received permission from the Independence Party to run on its line so voters enrolled in that party will determine who will get the coveted “I” next to their name in November.

Also, while Laquidara got the Working Families Party permission – known as a Wilson Pakula – Abelove filed enough signatures to open the ballot up to write in candidates – known as an Opportunity to Ballot. A write in campaign is difficult, especially in a countywide race, but turnout is notoriously low in any primary and the smaller the number of voters the easier it is.  

Laquidara did not collect signatures to force an OTB for the Conservative Party and Abelove received the party’s blessing.

Of the 93,578 active voters in Rensselaer County, there are 27,650 Democrats, 23,999 Republicans, 7,380 Independence Party members, 4,440 Conservatives, 1,147 WFP members and 282 members of the Green Party. There are 28,659 not enrolled in any party, according to the state Board of Elections as of April 1.

Invariably, there are those voters who just vote along straight party lines so having any minor party letter next to any candidates name is a plus in anyone’s book.

As of the latest filing, Laquidara had about twice as much money on hand as Ablove, $48,608 to $24,495, respectively.

Laquidara loaned his campaign $15,000 and also received $2,300 from noted defense attorney Cheryl Coleman. Abelove loaned his campaign $10,000.

Laquidara was the City of Rensselaer judge before resigning to become an assistant DA under Acting DA Arthur Glass. He previously ran an unsuccessful for county court judge. Abelove ran against McNally four years ago.

Dems send Laquidara's name to governor

LAQUIDARA

The Rensselaer County Democratic Party Executive Committee endorsed Carmelo Laquidara for district attorney, Saturday.

Well, it’s shy of an all-out endorsement in that the Democrats only voted to send his name to the governor for consideration and the whole committee will need to meet to actually nominate him for its formal candidate sometime in the near future. Obviously, that’s a given.

The governor could appoint Laquidara, or anyone else for that matter but odds are he won’t buck the local party, to fill the spot left vacant by Rich McNally, who is now a Supreme Court judge. There will be an election in November for a full four-year term. Right now, McNally’s number two guy, Arthur Glass, is filling in as DA by default.

ABELOVE

If Gov. Andrew Cuomo does decide to appoint Laquidara, the City of Rensselaer judge will have a leg up on any Republican opponent since it’s always easier to run as an incumbent. Laquidara also has decent name recognition and has run county wide, narrowly losing a primary for Rensselaer County court judge to Troy City Court Judge Christopher Maier.

For the Republicans, three names are out there with the frontrunner apparently Joel Abelove, a former assistant district attorney under then DA Trish DeAngelis who lost to McNally in 2012. Others who have either sent a letter of interest to the GOP are Troy attorney Bill Comiskey, who ran for Troy city court judge in the 80s and North Greenbush attorney Kathryn Dell, who ran for DA in the 90s as a Democrat.
 

Who will run to replace McNally? (UPDATED)

Now that Rensselaer County District Attorney Rich McNally is headed to the Supreme Court bench, chatter is starting about who will run next November. That, and a commenter asked me if I had heard anything is why I write this.

As near as I can tell, the position of DA goes to the number two in the office, who is now Arthur Glass, until the governor appoints a replacement, which may or may not happen. Regardless of if that happens or not, there will be an election in November 2014 for a full four year term. obviously, the Dems, through McNally, can appoint who they want and then that candidate can run as an incumbent which is a near-automatic advantage in any campaign. 

ABELOVE

LAQUIDARA

While there are no solid candidates as of yet, on the Democratic side it appears Carmelo Laquidara is the front runner. He is a well-respected jurist in the City of Rensselaer who narrowly lost a primary for Rensselaer County court to Troy City Court Judge Christopher Maier.

Amy O’Connor was also mentioned as a candidate but she had a mishap involving the Lucas Confectionary wine bar, prescribed pharmaceuticals and parked cars over the summer so running for the county’s top law enforcement officer is a tough go, for a while anyway.

I’ve really heard of no other candidate outside of Glass, but he’s a longshot at best.

On the flip side of things the names who immediately come to mind are attorneys Joe Ahearn (left), Greg Cholakis (Right and Joel Abelove.

Ahearn said he is keeping his options open but I don’t think he’ll run and I feel the same way about a possible Cholakis candidacy. So, I at this early point in time it’s Abelove, who McNally beat by a sizable margin last year.

I know it’s early and we haven’t even celebrated Christmas yet but I’m predicting this race will be hotly contested and fun to watch. The Democrats have had a tough time county-wide yet McNally beat Cholakis in a tight race that went to absentees in 2007 – a race brought into question two years later after voter fraud broke and one of McNally’s most loyal operatives, Bill McInerney, admitted to forging hundreds of absentee ballots.