SCHENECTADY -- Fired city police Officer John Lewis was let out of jail this afternoon.
His attorney, Michael Horan said the ex-cop was released from the Schoharie County Jail after his family posted a $40,000 bail bond.
Earlier Monday, City Court Judge Guido Loyola reserved decision on a defense motion to dismiss a misdemeanor criminal mischief charge against Lewis stemming from a domestic incident in which he's alleged to have damaged his mother's city home and fought with brother, who is a police officer. Loyola will preside over a bench trial on the charge. It is scheduled for June 14, Horan said.
A decision last week by Supreme Court Justice Vincent Reilly Jr. paved the way for Lewis to be released.
Reilly found that Lewis' bail of $20,000 cash should not have been revoked in January by Schenectady County Judge Karen Drago.
Reilly reset the amount at $35,000 cash and ordered Lewis to stay away from his former wife. The bail is related to a 10-count indictment in December charging him with eavesdropping, stalking, aggravated harassment, computer trespass, and computer and witness tampering. Lewis, 40, is accused of using a former girlfriend's computer to hack into his ex-wife's e-mail accounts in late 2008. He has pleaded not guilty.
SCHENECTADY -- City Detective Sherri Barnes was convicted of official misconduct and one count of criminal diversion of prescription medication this morning after a trial that examined the lengths the veteran officer went to get narcotics to feed a drug habit.
Barnes will remain free on her own recognizance until her Aug. 3 sentencing by Schenectady County Judge Karen Drago.
Barnes resigned from the police department while the jury was deliberating on Monday, District Attorney Robert M. Carney said.
Barnes, who was expressionless when the jury delivered its verdict at 11:25 a.m., declined comment when she left court.
SCHENECTADY - Former city police officer Kyle Hunter was sentenced to three years of probation today for violating an order of protection involving his ex-girlfriend.
Hunter pleaded guilty in February to two counts of second-degree criminal contempt, a misdemeanor, for text messaging his ex-girlfriend, a county correction officer. Hunter allegedly first violated an order of protection by destroying the womans property in May 2009.
SCHENECTADY -- Patrolman Andrew Karaskiewicz has become the fifth city police officer in two months to be forced out of the department.
Mayor Brian U. Stratton this afternoon announced his decision to follow the recommendation of an arbitrator to terminate the officer.
"A police officer who either intentionally or through gross incompetence arrests someone without a legal basis to do so and then physically mistreats or allows other officers to mistreat that suspect will be removed from office in Schenectady, period," Stratton told reporters during a City Hall news conference.
Karaskiewicz faced disciplinary hearings because of his role in the 2007 beating of a drunken driving suspect.
Ex-cop Lewis accused of beating new wife Assault arrest came hours after arraignment on federal weapons charge
By PAUL NELSON, Staff writer Last updated: 11:29 a.m., Saturday, June 12, 2010
SCHENECTADY -- Fired Schenectady cop John Lewis was arrested last night for allegedly beating up his new wife on a city street during a violent domestic dispute, police said.
The assault arrest came just hours after Lewis was arraigned and released on his own recognizance on a federal weapons charge.
The 40-year-old Lewis was arraigned on an the assault charge earlier this morning in City Court and sent to the Schenectady County Jail, according to city police spokesman Sgt. Luciano Savoia.
He said Lewis is accused of choking the woman, whom he recently wed, during a domestic dispute at a home on Park Avenue in the city's Woodlawn neighborhood.
She dashed from the house with Lewis in pursuit and he continued to assault her on the street before several neighbors who witnessed the incident called police, police said. By then, Lewis had fled the scene, but was found at his mother's home, police said.
This latest arrest came only a few hours after Lewis was released on his own recognizance after surrendering to authorities on federal gun charges Friday, Savoia said.
Lewis is appealing the city's decision in April to fire him following disciplinary hearings prompted by Lewis' six arrests in the past two years, most of them for alleged domestic and drunken driving charges.
He has notified the city that he intends to sue to get his job back, contending the city conspired with his former wife to get him fired.
He beat up his new wife???? He's gonna sue to get his job back????? I had to read these twice from disbelief!!!
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
In Defense of John Lewis; The Judiciary By The Shadow
The most recent chapter in the dishonored John Lewis saga should send a chilling effect up the spine of any reasonably-thinking person. And speaking of reasonable thinking I will exclude Vince Reilly, Schenectady County Supreme Court Judge, the yet unnamed federal judge and Robert Carney, Schenectady County DA, all of whom laughed in our faces; the general public. Yes, laughed in our faces while exercising their judicial and prosecutorial prerogatives in releasing or acquiescing to the release of this serial violent offender. The only one who so far has spoken on this issue, at least according to published reports, has been Bob Carney. His statements reek of either untruth or incompetence. All three of these individuals once took an oath to uphold the laws and protect us; the people who pay their salary.
At the risk of beating a dead horse, I am obligated to superficially recite Mr. Lewis’ history of violence against selected individuals and the general public. I will not bore you with the details, but unless you have lived on another planet, or, under a rock, you will know that Mr. Lewis has been accused of such acts as domestic violence, drunken driving, fighting with his brother who is a police officer, damaging property at his mother’s residence, eavesdropping, stalking, aggravated harassment, computer trespassing, breaking a window while in the Schoharie County Jail and witness tampering. There are more charges, but for this purpose, the aforementioned will suffice.
I will hold no secret that to me, a judge is nothing more than a lawyer wearing a black robe. Many judges were lawyers “yesterday”, are judges today and some will return to “lawyering” tomorrow. Lawyers are trained to winning cases over proving the truth. Like any other occupation, once a lawyer, always a lawyer. It should not be a surprise to you that among the least trusted professions that of a lawyer ranks number four; between mechanics which is number 3 and telemarketers which is number five.
On or about May 13, a month ago, as previously commented on this Forum by Pat Zollinger, on May 14th, in the Schenectady Police Department Thread, Reilly, in his “judicious” thinking ruled that Schenectady County Judge Karen Drago had exercised “abuse of discretion” when she revoked Lewis’ $20,000 cash bail on his 10 count indictment. Abuse of discretion? Who is Reilly kidding? He is not kidding any common sense person, or for that matter, this writer. If anyone abused “discretion” it was Reilly. He felt that given all of his alleged history of violence, Mr. Lewis was fit to be returned to society. But, unless I missed it, where was Carney’s motion or appeal in opposition to Reilly’s ruling? Carney could have objected to Lewis’ release and filed an appeal with the Third Appellate Division. Was Carney so entrenched in his preparation for the Steven Raucci sentencing, or collecting hours for his retirement system requirements, that he did not exercise his option? ...............>>>>.................>>>>...........http://www.schenectadyinformer.com/cgi-bin/forum/Blah.pl?m-1276439856/
SCHENECTADY Police recorded Lewis’ arrest BY STEVEN COOK Gazette Reporter
A January 2009 encounter between responding city police offi - cers and the allegedly combative, and now-fired, city police offi cer John Lewis was captured on city police microphones. Lewis is standing trial in City Court on a misdemeanor count of criminal mischief, accused of breaking items at his mother’s home on Oregon Avenue. Responding officer Ryan Macherone testified Tuesday that he was one of the fi rst officers on the scene and encountered Lewis being restrained by Lewis’ brother at the family home on Jan. 11, 2009. Macherone testified he met Lewis’ mother, Fran Lewis, in the driveway. She had made the 911 call summoning police, telling dispatchers her son was drunk and tearing the house apart. Macherone then made his way inside with his partner, through a kitchen with a broken table and items strewn about. They then encountered Lewis being held down by his brother Jim Lewis. Officers tried to separate the two, but John Lewis struggled. For about 60 to 90 seconds, Macherone said Lewis refused to give up his right hand to be cuffed. Lewis had it wedged under him. Once handcuffed, the officers took Lewis out to their patrol car. Lewis chafed at the cuffs, wanting the officers to take them off. Macherone testified he responded that they couldn’t remove the cuffs until they figured out what was going on. The audio from the encounter was played in court Tuesday, However, it was almost inaudible from the gallery. Lewis’s first name could be heard repeated as offi cers tried to get control of him. Judge Guido Loyola, prosecutor Christina Tremante-Pelham, defense attorney Michael Horan, Lewis and Macherone watched and listened in court on a laptop with external speakers. The video portion remained the view out the front windshield of the patrol car. Lewis, who is in custody after new charges were lodged against him Friday, remained handcuffed and in jail orange throughout the proceedings. That the audio exists at all is a change from Lewis’ last case to go to trial. Lewis, who is still facing several charges in separate incidents, was tried and acquitted in February of a Dec. 27, 2008, driving while intoxicated charge. .................>>>>...........................>>>>.................http://www.dailygazette.net/De.....r01100&AppName=1
SCHENECTADY Leniency advised for suspended cop Hearing officer: Return Lawrence to force BY KATHLEEN MOORE Gazette Reporter
After five successes, Mayor Brian U. Stratton is not getting his way with his plan for disciplining police offi cer No. 6. Officer Darren Lawrence should not be fired, according to a report issued by the city’s hearing offi cer. Officials familiar with the report described it as a nearrefutation of the city’s stated goal of termination. Instead of termination, hearing offi cer Jeffrey Selchick said Lawrence should be returned to the force immediately, they said. They said Selchick wrote that Lawrence’s actions warranted only a 30-day suspension, which he has already served. Lawrence was suspended after police had to drag him out of a bar during an off-duty brawl. City officials said Lawrence was abusing alcohol and, even though he was off-duty, had a responsibility to avoid getting into bar fi ghts. The city’s attorney submitted audio recordings of the fi ght, captured by the microphones worn by offi cers who responded to the scene. But Selchick apparently did not consider the infraction a serious offense. Other than termination, he could have recommended that Lawrence serve a 60-day suspension. Instead, he chose the lowest punishment allowed under the disciplinary system. In the wave of eight offi cers facing termination, this is the fi rst time Selchick has recommended leniency. So far, he has recommended firing four officers. A fi fth resigned before he could write the recommendation. Stratton concurred with all of the recommendations but only had to fire two offi cers. The others resigned at the last minute, eliminating their chance of appeal. City offi cials expect the two terminated offi cers to ask an arbitrator to overturn their fi rings. The case against Lawrence did not include the charges filed against him nearly four years ago in Colonie in connection with an alleged drunken driving incident. .....................>>>>.................>>>>................http://www.dailygazette.net/De.....r00100&AppName=1
SCHENETADY City must keep paying officer without license BY KATHLEEN MOORE Gazette Reporter Reach Gazette reporter Kathleen Moore at 395-3120 or moore@dailygazette.com.
For five months, the city has been paying an officer who was ineligible to work. Now “past practice” is forcing the city to keep paying Offi cer Michael Brown, who lost his license in February after pleading guilty to DWI and won’t be able to get it back until after Sept. 15. But city officials don’t plan to pay anyone else who can’t work. The next police officer whose license is revoked will sit at home without pay until the license is restored, Public Safety Commissioner Wayne Bennett said. Brown has been on paid suspension for the DWI since April 2009, and may be terminated. If he is not fired before Sept. 15, the city will pay him more than $38,000 for the eight months in which he was legally barred from working. Bennett learned about Brown’s DWI plea on Monday. But his next step — which was to stop paying Brown — was blocked. Chief Mark Chaires told him that years ago an officer who lost his license was allowed to take an indoors-only job until he got his license back. The union could use that deal to argue that Brown should get paid as well. “I’ve told the chief that’s not acceptable,” Bennett said. “I don’t think it’s reasonable to tell your employer to make accommodations for your own misconduct.” Jay Girvin, the city’s special attorney for police disciplinary matters, is now preparing a statement to revoke that “past practice.” He will announce that from now on, all officers must have a valid license. Those who lose their license won’t necessarily lose their job, but they won’t get paid until they get their license back. “Henceforth, anyone who does not have a license to drive does not meet the job requirements,” Bennett said. “The city has a right to tell the other side, effective a certain date, we’re reasserting our rights under the contract.” .................>>>>..............................>>>>.................http://www.dailygazette.net/De.....r01400&AppName=1
SCHENECTADY Officer accident case stalls; another sees trial date set BY STEVEN COOK Gazette Reporter Reach Gazette reporter Steven Cook at 395-3122 or scook@dailygazette.com.
Three current or former city police officers saw the criminal cases against them Wednesday either progress or stall. One of the ones that didn’t move forward Wednesday was the case against officer Darren Lawrence in Colonie Town Court. Lawrence was to appear in Colonie court Wednesday night for a hearing on nearly four-yearold charges related to an off-duty accident and alleged fl ight from the scene, according to the court clerk. But the appearance was postponed; Lawrence hired a new attorney, the clerk’s offi ce said. The new attorney was identified as from the firm O’Connell and Aronowitz. Lawrence was charged in Colonie in October 2006 with misdemeanor leaving the scene of an accident and violation level harassment. The charges relate to a car crash in Colonie, where Lawrence’s passenger claimed the two were drinking and Lawrence was driving. The passenger alleged Lawrence attacked him for trying to report the accident, then fl ed. Lawrence’s attorneys have previously contended that any injuries the passenger suffered were from the accident. But the case has lingered in Colonie Town Court for four years. A new date for the hearing was unavailable. A hearing officer this week ruled against firing Lawrence and in favor of a short 30-day suspension related to allegations of a subsequent bar brawl. The hearing officer did not hear evidence on the alleged Colonie incident. Mayor Brian Stratton has also signaled that he may fire Lawrence anyway, saying the Colonie incident still weighed heavily on his mind. In another case involving an officer, Dwayne Johnson had his trial date set on felony charges related to allegations that he worked at a gas station when he was supposed to be patrolling for the city. ...............>>>>..................>>>>..................................http://www.dailygazette.net/De.....r01401&AppName=1
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