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.

It's all about control of the TPD

One thing we have to remember about the Police Benevolent Association’s decision to file a complaint against Chief John Tedesco for releasing the findings of an Internal Affairs investigation is that it has nothing to do with the fact he sent the letter to the complainant - it has to do with control of the TPD.

It’s all about control of the Police Department when, or if, Commissioner Anthony Magnetto retires early next year. I think a couple commenters on this blog summed up the open questions nicely.

TEDESCO

MAGNETTO

One question is why the PBA waited seven months from when Tedesco issued the letter to Frank Fogarty telling him that Officer Kyle Jones did indeed used excessive force during a Dec. 23, 2012 arrest. Tedesco issued the letter to Fogarty in April and the PBA didn’t file a complaint about it with IA until this month.

As a commenter said:  “Someone (i.e. the PBA) is playing a trump card.”

First, as I mentioned, can you imagine if the report wasn’t released? If a black guy filed a complaint about getting beat up by white cops and the report was buried. Also, the city gave Brian Houle a letter telling him that Jones did not use excessive force when Houle was arrested in June, 2012 and nobody made a stink about that one. As far as I can tell, it is standard operating procedure to release an IA finding to the complainant.

I don’t think it’s a coincidence that the PBA started making accusations against the chief shortly after Magnetto started telling people he may retire early next year. And that means the PBA, which is a driving force behind getting Magnetto appointed, has to start dirtying up the chief again so Mayor Lou Rosamilia feels obliged to appoint another commissioner.

If you remember the PBA, behind President Bob Fitzgerald (pictured right), started dirtying up the chief the day he was appointed with the absurd allegation that he got the job in return for covering up a drug investigation into the administration of then Mayor Harry Tutunjian.

I don’t think I have to repeat the fact the PBA doesn’t like Tedesco because he is a staunch disciplinarian and initiated all sorts of changes in an effort to make the department run more efficiently. The PBA knew it was coming, didn’t take kindly it when it did as it would just as soon see the status quo and by that I mean overtime.

In addition, Tedesco is threatening to sue the city claiming his constitutional rights were violated by the city imposed gag order and for curtailing of his power and duties. I think everyone hoped Tedesco would just throw up his hands and retire, but obviously that’s not happening anytime soon.

All that may be true, but Rosamilia (pictured left) is well within his right to appoint a police commissioner – yes there is some ambiguity about whether it should be a police commissioner or public safety commissioner but the basic premise is the same. The mayor wants his policies initiated and winning an election gives him that right but the question remains: Who is driving the bus, the mayor or the PBA.

Tedesco’s attorney, Brian Premo (pictured right), has mastered the art of getting at the underlying dirt - God knows, he had enough practice during voter fraud and his representation of others like Rensselaer Chief Rick Fusco - and he is asking a bunch of questions the PBA, the administration and the Council would just not soon answer. Also, he and Tedesco are asking the FBI look into the PBA’s allegations and his decision to release the Fogarty letter. Given the animosity among command staffers, an outside agency taking a look is the only way we will get an unbiased determination on whether the chief acted appropriately or not. And even if the Feds don’t come in, the seed is planted.

The commenter also asks why the PBA is protecting Jones. I think it would do the same if it was Officer Smith – obviously that’s not an indictment of any Officer Smith but a way to say it could be anyone.

In the end, this is a high stakes poker game and the pot is who gets to control the day-to-day operation of the Police Department – The PBA or the chief.

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.

Comments

Sorry folks, but some idiots just can't help themselves and get a jolly out bringing up things that have nothing to do with anything what is posted and doing it anonymously.
So, I am forced to moderate comments before they are posted for public consumption.

Jim Franco

Again, phone number is 878-1000 if I can answer any questions.

Troy Council sends a message

I didn’t think the expected rift on the Troy City Council would start until after Jan. 1 but five members sent a message last Thursday when they voted to not re-appoint Geri Fitzgerald to the Board of Assessment and Review.

KOPKA

To understand the significance, we need to back up a bit.

Fitzgerald lives with Michelle DeLair, the former deputy city clerk under then City Clerk Bill McInerney and who is one of the Rensselaer County Democratic Party Chairman Tom Wade’s most loyal supporters. Not allowing Fitzgerald’s appointment to a largely inconsequential position – as proposed by Council President Lynn Kopka at the request of the administration – to come out of the Finance Committee to the floor for a vote is a clear shot at Wade. And for that matter the administration.

ROSAMILIA

The five who voted against her appointment were Council members Kevin McGrath, Bob Doughtery, Rodney Wiltshire, Dean Bodner and Ken Zalewski. Which, of course leave Council members Mark McGrath, Nina Nichols, Gary Galuski and Kopka voting to appoint Fitzgerald.

If you remember, Wiltshire, who will be president come Jan. 1, and Zalewski were in Bob “Rabbit” Riley’s corner in his failed bid to take Wade out as chair last year. Wade has a long memory and, evidently, so does Wiltshire and Zalewski, who will likely be the pro-temp after the organizational meeting. Doughtery and Kopka don’t get along that well so he’ll likely be in the W&Z corner and I’m told newly elected Anastasia Robertson, D-District 2, will likely side with them too.

On the other side are party (Wade) people: Kopka, Galuski, who works at the Board of Elections, and newly elected At Large Councilwoman Erin Teta-Sullivan.

That leaves the two Republicans: Bodner in District 3 and Jim Gordon, the newly elected representative in District 1. Bodner has proven himself to be non-political when it comes to policy (though he did vote against Fitzgerald and DeLair happened to run against him earlier this month) and Gordon is the former GOP city chair so he is political. My guess is they break with the W&Z team more often than not on anything controversial.

One may say the rift is just political shenanigans but it does mean real jobs for real people – and more importantly who will get those jobs. The Council controls who is city clerk ($54,800,) deputy city clerk ($40,000,) city auditor ($59,600) bingo inspector, a liason position ($10,000,) and the Council confirms all city marshal (various salaries) recommendations too.

Right now the majority are held by Wade people. Something tells me that won’t be the case come Jan. 1. But, Wade is a shrewd politician and he successfully fought off the coup last year. While some would just as soon he move on, I don’t see it happening unless he wants to.

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.

DA McNally's curtain call

McNALLY

I supposed I have to weigh in on John Halacy, the Rensselaer guy charged with sexually assaulting two young teenage girls who was sprung from jail because of a procedural error by an assistant in the office of District Attorney Rich McNally.

Some background: A defendant is afforded a right to a speedy trial, which means prosecutors are required to take some sort of action within 90 days unless the defendant waives that right while the two sides try to work out a deal. In Halacy’s case, there was evidently a verbal agreement to waive the provision but it was never formally filed. As such, both felonies were dismissed and they can’t be brought again thanks to double jeopardy. Halacy walked out of jail basically a free man. Yes, he is facing new, but lesser, charges and is looking at a year in jail rather than decades.

It’s not a flattering way for McNally to exit the office he’s held for six years. As you know, he was elected to the Supreme Court and will don the robes on Jan. 1.

A couple things. McNally told The Record it was the first time such an incident has happened and I have no reason to believe the reporter got it wrong so I’m going on the premise McNally said it. But, I know it has happened before and I dare say more than once. To be fair, the exact quote is it’s the first time it has “come up with this particular team in my administration” so technically he might be right, but in reality it’s a misleading statement at best.

He also said the ADA in charge of the case, Laura Kruegler, is a “fairly new” ADA, but I know for a fact she has been there since Patricia DeAngelis’s tenure. Kruegler’s Facebook page says she started in the DA’s office in 2000, a long time for an attorney to work in any DA’s office since private practice is where they make the big bucks.

She has, though, had some health issues to navigate and McNally is correct in saying that the ADA’s are swamped and that he’s been repeatedly denied requested help. That was in response to a letter by the Republican majority on the county Legislature looking for answers regarding what happened in the Halacy case - a legitimate request, and one that is infinitely more substantial than patting the Hoosick Falls volleyball team on the back for coming in third place.

McNally has had a tough go of things as DA, maybe even a tougher than his two Republican predecessors … and that’s saying something.

While nobody suspected it at the time, his 2007 election was brought into question during the 2009 voter fraud scandal. Former City Clerk Bill McInerney testified to forging hundreds of absentee applications and ballots in 2007 and 2009. And McInerney worked for McNally in 2007 when the race went to the absentees.  

Then, once taking office in 2008, he allowed a grand jury hearing evidence regarding political extortion charges against Democratic Party Chairman Tom Wade to expire without finishing the job by issuing an indictment or a no bill. It just expired.

Then, according to court room testimony and his own admission, McNally had a conversation with McInerney (photo to the right) about which attorney the latter should hire after he was charged in the voter fraud scandal. That conversation came after McNally recused himself. It was never pursued but it smacks of a conflict of interest.

Then, McNally failed to recuse himself in a DWI case brought against Wade’s daughter after Wade was instrumental in getting him elected in 2007 and again in 2011. The disposition of the case might not have been out of the norm, but the appearance of impropriety is certainly ugly.

Now, we have a man who skates on charges of sexually assaulting a 13 and a 14-year old girl.

One of the teen’s moms, obviously upset with how things went, said she is out for some street justice. I can’t condone it, but I can’t say I blame her either. She certainly didn’t get any justice here.