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.

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.”

 

 

Bring in the FBI



TEDESCO

Just a quick note on the battle going on at the Police Department where there are those that feel Chief John Tedesco should not have released an Internal Affairs report to the person who allegedly was beaten by a police officer.

Can you imagine, for example, if a black man in Albany’s Arbor Hill alleged a police officer beat him and the department brass decided to bury the report?

It’s the same thing.

The letter Tedesco sent said the Internal Affairs investigation found the officer did use excessive force by beating the man upside the head after he was already under arrest. He also stated that the case should get turned over to the District Attorney to determine whether or not a crime was committed

Pretty serious stuff. Never mind that the police officer in question is paid for by taxpayers and as such should be accountable to the people who ultimately employ him. How is it any different, to use another example, than the city treasurer or auditor stealing money out of City Hall. Breaking the law is breaking the law. I don’t understand why there are those – both in the department and outside the department – who think any police officer is above that.

I know if a cop beat me up for no reason, which is the allegation, I would want to know the outcome of any investigation and I would want it made public. I would also want the allegations investigated by the proper authorities and not just IA. While I have all the respect in the world for the head of the IA now, Capt. Terry Buchanan, someone as upstanding may not always be in that role and I’m sure I’m not the only one who is skeptical anytime the police are the only ones investigating one of their own.

Along that same vein, Tedesco wants the FBI to come look at the IA report and the city’s response to his decision to release of the letter. I say go for it. Given the animosity between Tedesco and Magnetto and between Tedesco and the administration that appointed Magnetto to oversee the department - and Tedesco - there is no way anything will get resolved without an outside agency taking a look.

Tedesco, at a press conference Friday, said he thinks it's yet another attempt to get rid of him. I believe that, but I also believe he isn't going anywhere anytime soon.