SCHENECTADY Rookies involved in Lewis incident no longer on force BY KATHLEEN MOORE Gazette Reporter Reach Gazette reporter Kathleen Moore at 395-3120 or moore@dailygazette.com.
Schenectady is no longer employing the two rookies who drove former Schenectady police offi cer John Lewis home after he careened into a parked car in a alleged drunken driving accident. Daniel Bean and Matthew Overocker were accused of turning off their microphones at Lewis’ request and then taking him home rather than charging him with a crime on Dec. 27, 2008. Overocker chose to leave about three months after the incident, before city police fi nished their investigation. Since he had not yet been charged with wrongdoing, the incident did not show up during a background check when he applied to the Colonie Police Department. “We did a thorough background check before we hired him. To the best of our knowledge, he was never disciplined by Schenectady PD,” said Deputy Chief John Van Alstyne. Overocker left just in time. Public Safety Commissioner Wayne Bennett said Overocker would have been disciplined if he had stayed through the end of the investigation. Bennett said most evidence was not discovered until Lewis’ disciplinary hearing last December, about nine months after Overocker left the department. Lewis was fi red after the hearing, but was acquitted in criminal court of drunken driving, possibly because of the lack of evidence collected by Bean and Overocker. “There was enough information based on John Lewis’ hearing to conclude that discipline [against Overocker and Bean] was warranted,” Bennett said. The department did not press administrative charges against Overocker because he was no longer working for the city. But Bean stayed, and his supervisors began to talk of fi ring him. Early this year he was hit with administrative charges in connection to his actions the night he drove Lewis home. In addition to turning off his microphone as soon as he identified Lewis as a fellow offi cer, he did not conduct sobriety tests or even ticket Lewis for plowing into a parked car. At Lewis’ trial regarding that incident, Bean said he accidentally turned off his microphone while checking to make sure it was on. He also said Lewis did not seem drunk. And he called for help, asking for a supervisor’s advice on how to handle an incident involving another officer. Only an experienced patrol officer responded to his call. No supervisors were working that night; every one of them had refused to come in on overtime to cover a vacancy. Bennett said he had not yet decided whether to try to fi re Bean, but that it was a possibility. “Oh yes, that was being considered,” Bennett said. “We never got to the fi nal determination.” That’s because last week, Bean tendered his resignation. He was hired by the Scotia Police Department. Scotia Chief Thomas Rush said command staff at the Schenectady Police Department spoke highly of Bean when Rush indicated he might hire him. “I had people tell me he’s one of the fi nest officers we could have taken,” he said. Rush said Schenectady lost two good officers through poor supervision. “Here you have young offi cers who come across an incident like this,” he said. “They made a judgment call they thought was right at the time. Someone comes in hours later and said, ‘You didn’t do it right.’ Well, where were you at the time?” He said Bean and Overocker would have done the right thing if a supervisor had responded to their call for help. “They asked for guidance. They didn’t get the guidance. Whose fault is it?” Rush said. “I’m not here to point fingers, but if it was one of my officers … somebody would have come in. If one of my offi cers were to call me or one of my sergeants, he would be there. I can assure you of that.” Both Rush and Colonie’s Van Alstyne said they benefi tted from Schenectady’s loss. “Matt’s been here for approximately a year,” Van Alstyne said of Overocker. “He’s been a good employee all of that time.” Rush added of Bean, “He’s an excellent individual.” ....................>>>>.................>>>>............http://www.dailygazette.net/De.....r01800&AppName=1
SCHENECTADY -- The misdemeanor criminal mischief trial of fired city cop John Lewis is now in the hands of a City Court judge after the prosecution rested its case and the attorneys on both sides delivered closing arguments today.
Lewis' lawyer, Michael Horan, told Judge Guido Loyola that the prosecution failed to prove beyond a reasonable doubt that his client had intentionally damaged a kitchen table and chandelier that Lewis, 41, broke at the Schenectady home he shared with his mother, Frances Lewis, who goes by Fran.
The defense attorney also cited testimony by Fran Lewis that her son broke the items by accident after she pushed him in anger when he came home highly intoxicated during the early morning hours of Jan. 11, 2009. The mother, a reluctant prosecution witness, testified she became upset when her son insisted over her objections that his buddy spend the night there.
When they say 'protect and serve'....that obviously goes for the cops personally too. They play by their own rules.....not the same rule imposed on us!
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
SCHENECTADY Former cop pleads guilty to felony tampering Action prohibits his return to force BY STEVEN COOK Gazette Reporter
Fired city police officer John W. Lewis pleaded guilty Friday to a felony count in return for a sentence of a year in jail. Lewis, 41, of Oregon Avenue, appeared before Acting Schenectady County Court Judge Frank Milano and pleaded guilty to one count of felony computer tampering. Mayor Brian U. Stratton, who fired Lewis on April 12, said the plea ensures that Lewis will never return to work at the Police Department. Lewis had filed paperwork preserving his right to appeal his termination, but his felony plea prohibits him from serving as an offi cer. “That eliminates automatically his ability to appeal anything,” Stratton said. “It substantiates everything I said when I announced his termination.” The plea came after lengthy talks between prosecutor Christina Tremante-Pelham and defense attorney Michael Horan. The result was a complicated deal encompassing several open cases against Lewis and two more pleas to come at a later date. Lewis is also expected to plead guilty to one misdemeanor count of driving while intoxicated and a federal weapons count. The computer tampering and driving while intoxicated counts are to net Lewis one year in jail. The expected federal sentence was not discussed in court. Horan said afterward that the federal sentence could range from 10 to 16 or 18 months. .................>>>>..................>>>>...............http://www.dailygazette.net/De.....r00101&AppName=1
SCHENECTADY City goes back to court to fire police officer BY KATHLEEN MOORE Gazette Reporter
Police Officer Darren Lawrence is heading back to disciplinary court. Schenectady officials have decided to try again to fi re Lawrence, who was offered leniency by the city’s hearing officer last month. In the first hearing, the city argued that Lawrence deserved to be fired for getting into a bar brawl while off duty. But prosecutors never brought up the far more serious allegations of an alcoholrelated fight from 2006, which has been languishing in criminal court ever since. Now they plan to present all their evidence from that case in hopes of persuading the hearing offi cer that termination is warranted. Mayor Brian U. Stratton spent three weeks considering the issue before deciding to send it back to Hearing Officer Jeffrey Selchick. The law department met with Stratton Thursday afternoon to discuss their plans for the new case, which could be in Selchick’s court as soon as next month. City officials said they think Selchick will recommend firing Lawrence if the full details of the fight case are presented. The incident began at 7:30 p.m. on Oct. 14, 2006. According to Mark Viscusi, who was with Lawrence that night, both men drank heavily at several bars, staying out until 3 a.m. Colonie police collected statements from patrons and bartenders describing exactly what the two men drank and when they left each bar. ....................>>>>....................>>>>..................http://www.dailygazette.net/De.....r01400&AppName=1
Rumor has it, another officer will be leaving the SPD force in the coming weeks/months. This will be a resignation/retirement as the officer relocates to Florida.
POLICE COMPLAINT In other business, former ACORN organizer Christopher Dixon told the council that he was treated poorly during a police stop Saturday. He said the officer — whom he did not name — would not say why he had pulled Dixon over. When Dixon continued to ask, he said, the officer put him in handcuffs for disobeying his order to “shut up.” The officer later released him and gave him a ticket for driving a car without a front license plate. However, Dixon said the car had both license plates. “He told me, ‘I can take you to jail and make you post bond,’ ” Dixon said. “I said, ‘For not having a front plate?’ ” He called the treatment “disgusting.” Public Safety Commissioner Wayne Bennett promised to launch an investigation Tuesday. He also said the department is investigating complaints that officers did not quickly clothe a naked woman during a DEA raid. City police accompanied the Drug Enforcement Administration on the raid, and a female city offi cer was eventually called to supervise the woman while she dressed. She had been sleeping naked when DEA broke down her door in a raid that did not lead to any arrests.
Police minority recruitment effort stumbles Chief: Reach out to younger people BY REBECCA STRUM For The Daily Gazette
The police recruiting process takes four months of interviews, background checks, lie-detector tests, agility screenings and psychological exams. In short, said Schenectady Police Chief Mark Chaires, there is little room for race to play a major factor once the recruitment phase has started. All seven of the new recruits to the Schenectady Police Department sworn in on Monday afternoon are white males, despite the department’s efforts to increase the number of minorities in the force. “I’m disappointed,” Councilwoman Barbara Blanchard said. “Not to take away from anyone’s ability — but we need to step up and do more effective recruiting. They should represent the city of Schenectady. That includes white women and men, African-American women and men, and Hispanic women and men.” Likewise, Council President Gary McCarthy said he wants and encourages minority recruitment, but he did not know a lot about the new recruits. “I have not met any of the hires. I wasn’t invited to the swearing in. I’m really out of the loop for the whole thing,” he said. The Police Department for years has been marked by offi cer corruption and misconduct. This year alone, fi ve officers have either been fired or resigned under duress. And the city is trying to fire two more. Cleaning up the department by replacing these officers with dependable and qualified recruits is Chaires’ stated top priority. “First and foremost is good character and a desire to serve the community. Minorities are going to bring a unique perspective, which is important. But the process is so exacting,” he said. Currently, the police force is made up of 156 officers, six of whom are black, including Chaires. He is the department’s first black chief and his father was its fi rst black police offi cer. And unfortunately, Chaires said, that number will drop to fi ve if the department is successful in fi ring offi cer Dwayne Johnson. Johnson faces four felonies related to allegations that he worked at a gas station when he was supposed to be patrolling for the city. His criminal trial is set for late August. SMALL SLICE Officials said minorities and women account for about 7 percent of the Schenectady police force. Chaires said one of the diffi culties in hiring minority offi cers is competition from other departments in cities such as Albany or Troy. About 12 percent of the offi - cers at the Albany Police Department are minorities, not including women, said Detective Jim Miller, spokesman for that department. To become a police officer, applicants take the Civil Service exam. High scorers receive a letter from the SPD asking if they are still interested. If they are, the four-month process of tests, checks and interviews begins, Chaires said. The key to increasing the number of minority officers is to make the job more appealing to women and minority groups, Chaires said. ................>>>>...................>>>>.............http://www.dailygazette.net/De.....r00101&AppName=1
SCHENECTADY Lieutenant suspended over Lewis case Marcinkowski allegedly failed to report incident BY STEVEN COOK Gazette Reporter
Veteran city police Lt. Edwin Marcinkowski has now been suspended without pay based on formal allegations that he witnessed an event related to fired city police officer John Lewis and didn’t report it, according to an attorney involved in the case. Marcinkowski was formally served with disciplinary papers Wednesday, attorney Brian Mercy said. Marcinkowski was place on leave with pay last week. Mercy represents Lewis’ mother in another case and has provided legal advice to Marcinkowski, who has dated the mother for some time. Mercy said Thursday he has seen the disciplinary charges and they allege that Marcinkowski witnessed someone trying to create a paper trail regarding ownership of a gun linked to Lewis and didn’t report it to the department. The internal charges name the person who was allegedly trying to create the trail, Mercy said. He declined to identify the person but said the person is not his client, Fran Lewis, John Lewis’ mother. Marcinkowski denies the allegations, said Mercy, who expects a union attorney to formally represent Marcinkowski in the internal disciplinary matter. Mercy officially represents Fran Lewis on a felony charge based in Saratoga County. Fran Lewis, a dispatcher with the state park police, is accused of entering her son’s name into a state police database without authorization, according to papers filed in court. She has been suspended without pay since July 8 during an internal investigation, a state official said. .................>>>>......................>>>>...............http://www.dailygazette.net/De.....r01100&AppName=1
POLICE BLOTTER SCHENECTADY POLICE DEPARTMENT Patricia A. Horgan, 48, of 633 Lansing St., was charged on July 9 with second-degree aggravated harassment. Anisa L. Douglas, 30, of 577 Ontario St., was charged on July 11 with third-degree criminal possession of a controlled substance, third-degree criminal sale of a controlled substance, fourth-degree criminal possession of stolen property, and fourth-degree criminal possession of a weapon. Margaret M. Van Wagner, 53, of 1453 Garner Ave., was charged on July 11 with second-degree harassment. Julius O. Wiley, 30, Bronx, was charged on July 11 with third-degree criminal possession of a controlled substance, fourth-degree criminal possession of stolen property, and fourth-degree criminal possession of a weapon. Gregg A. Tucker, 46, of 1801 Broadway, was charged on July 11 with second-degree harassment. Sheneda L. Jennings, 30, of 108 Division St., was charged on July 11 with second-degree assault. Patrick T. Acker, 45, of 950 Crane St., was charged on July 11 with driving while intoxicated. Linwood C. DeGroat, 28, of 860 Eastern Ave., was charged on July 12 with seventh-degree criminal possession of a controlled substance. Andrew R. Cubano, 17, of 918 Delamont Ave., was charged on July 12 with second-degree obstructing governmental administration, resisting arrest, and petty larceny. Joseph C. Lanigra, 48, of 972 Florence St., was charged on July 12 with second-degree unlawful imprisonment, second-degree obstructing governmental administration, and third-degree menacing. Andrew O. Burbridge, 37, of 973 Albany St., was charged on July 12 with fourth-degree criminal mischief. Torre C. Steward, 41, of 27 Lafayette St., was charged on July 12 with third-degree menacing. Kenneth W. Haley, 50, of 532 Summit Ave., was charged on July 11 with second-degree harassment. Joewand D. Dunlap, 16, of 818 Bridge St., second-degree obstructing governmental administration, disorderly conduct, and resisting arrest. Kristen N. Monsour, 24, Fredonia, was charged on July 12 with thirddegree criminal mischief. Kyle L. Bullard, 20, of 71 Spruce St., was charged on July 12 with disorderly conduct, second-degree obstructing governmental administration, and resisting arrest. Anthony F. Fontanez, 28, of 102 Furman St., was charged on July 12 with second-degree aggravated harassment. Jarrett L. Starr, 41, Albany, was charged on July 12 with second-degree aggravated harassment. Quran T. Smith, 24, of 801 Bridge St., was charged on July 12 with fourth-degree criminal mischief. Jimmy J. Roach, 26, of D25 Yates Village, was charged on July 12 with second-degree harassment. Bethany A. Bradshaw, 18, of 1059 Park Ave., was charged on July 12 with second-degree assault and endangering the welfare of a child. Paige L. Stroud, 16, of 1421 Albany St., was charged on July 12 with fi rstdegree criminal contempt. Sinia I. Vargas-Camacho, 32, Miami, Fla., was charged on July 12 with second-degree aggravated harassment. Christopher C. Jones, 22, of 717 Bedford Road, was charged on July 12 with exposure of a person. Jonathan Estrada, 22, of 1012 Pleasant St., was charged on July 12 with seventh-degree criminal possession of a controlled substance and thirddegree criminal possession of a controlled substance. Albert C. Lowery, 39, of 311 Furman St., was charged on July 13 with resisting arrest, third-degree menacing, and second-degree obstructing governmental administration. Michael W. Lewis, 25, of 1558 California Ave., was charged on July 13 with aggravated driving while intoxicated. Christopher C. Jones, 22, of 717 Bedford Road, was charged on July 13 with second-degree harassment and third-degree assault. Salvatore V. Dinavo, 19, of 437 Clayton Road, was charged on July 13 with second-degree menacing and fourth-degree criminal mischief. Julius E. Smith, 22, of 947 State St., was charged on July 13 with seconddegree aggravated harassment. Andrew G. Kenyon, 17, of 1342 Regent St., was charged on July 13 with fourth-degree criminal mischief. Toby Fallis, 50, 385 Bradford Road, was charged on July 13 with thirddegree assault. Jahnelle Roberts, 18, Latham, was charged on July 13 with second-degree harassment. Joseph J. Noisseau, 37, of 1331 Hodgson St., was charged on July 13 with first-degree criminal contempt, second-degree aggravated harassment, and third-degree menacing. Sharicka L. Brown, 21, Baltimore, Md., was charged on July 13 with second-degree menacing and petty larceny. Stephanie E. Van Nest, 21, 44 Washington Ave., was charged on July 13 with second-degree criminal contempt. Michael D. Flanagan, 32, of 408 Union St., was charged on July 13 with second-degree unlawful imprisonment, third-degree assault, and third-degree menacing. Rasheen D. Dixon, 19, of 3339 Woodlawn Ave., was charged on July 13 with fourth-degree criminal mischief. David R. Benjochannan, 43, of 578 Crane St., was charged on July 13 with second-degree harassment. Annay P. Hickson, 26, of 1218 Seventh Ave., was charged on July 13 with prostitution. Shanoah C. Jones, 30, of 71 Snowden Ave., was charged on July 13 with second-degree harassment. Terrell T. White, 22, Albany Street, was charged on July 13 with second-degree criminal possession of a weapon. Anthony R. Freeman, 20, of 5 Close St., was charged on July 13 with second-degree criminal possession of a weapon. Brandon J. Mills, 23, no address, was charged on July 13 with thirddegree burglary and possession of burglary tools. Maryann Pani, 45, of 101 McClellan St., was charged on July 13 with driving while intoxicated. Harold L. Powell, 50, of 4 Jefferson St., was charged on July 14 with second-degree menacing and seconddegree harassment. Rodney R. Sparrow, 42, Scotia, was charged on July 14 with seconddegree criminal impersonation and second-degree obstructing governmental administration. Adrienne Y. Jackson, 27, of 1181 Pleasant St., was charged on July 14 with second-degree aggravated harassment. Katherine R. Centofanti, 25, Rotterdam, was charged on July 14 with third-degree assault. Calvin Williams, 47, of 13 State St., was charged on July 14 with petty larceny and trespass. Denise N. Harris-Ludena, 57, of 720 Albany St., was charged on July 14 with second-degree possession of a forged instrument and petty larceny. Christine M. Matthews, 28, of 536 Mumford St., was charged on July 14 with second-degree harassment. John J. Abbot, 60, of 536 Mumford St., was charged on July 14 with second-degree harassment. Quran T. Smith, 24, of 829 Grant Ave., was charged on July 14 with first-degree criminal contempt and second-degree harassment. Marquin A. Blake, 17, of 332 Summit Ave., was charged on July 14 with fifth-degree criminal possession of stolen property. Lisa M. Dantzler, 27, Albany, was charged on July 14 with fi rst-degree criminal contempt, second-degree aggravated harassment, and petty larceny. Darnell O. Nesbitt, 21, Brooklyn, was charged on July 15 with fourthdegree criminal mischief. Magdalena Santiago, 51, of 122 Steinmetz Homes, was charged on July 15 with third-degree criminal possession of a controlled substance and third-degree criminal sale of a controlled substance. Samuel A. Martino, 21, Glenmont, was charged on July 15 with seconddegree aggravated harassment. Barkim J. Winters, 23, of 840 Emmett St., was charged on July 15 with false personation. Craig S. Walker, 23, of 140 Park Place, was charged on July 15 with petty larceny. Ramel L. Gentry, 21, of 8 Harvard St., was charged on July 15 with thirddegree criminal possession of stolen property, resisting arrest, and fourthdegree criminal mischief. Sylvester K. Gentry, 25, of 504 Summitt Ave., was charged on July 15 with third-degree criminal possession of stolen property and resisting arrest. Sharmar S. Royer, 16, of 152C Jerry St., was charged on July 15 with second-degree harassment. Meghan M. Zeglen, 24, of 1025 Chrisler Ave., was charged on July 15 with felony aggravated driving while intoxicated and driving while ability impaired by drugs. Omar A. Nagi, 28, of 1114 Albany St., was charged on July 16 with unlawful possession of marijuana and second-degree unlawfully dealing with a child. Marie A. Bell, 26, Queensbury, was charged on July 16 with seventh-degree criminal possession of a controlled substance. Dana L. Haws, 25, Rexford, was charged on July 16 with endangering the welfare of a child. Ryan Deveaux, 29, of 1121 Sixth Ave., was charged on July 16 with fourth-degree criminal mischief and second-degree aggravated harassment. Yadira Badillo, 26, of 1052 Forest Road, was charged on July 16 with second-degree harassment and resisting arrest. Quintel M. Raysor, 20, of 516 Paige St., was charged on July 16 with unlawful possession of marijuana and second-degree aggravated unlicensed operation. Rayshawn S. Coney, 30, Wagner Street, was charged on July 16 with second-degree unlawful imprisonment and second-degree aggravated harassment. Lavon Pruitt, 57, of 930 Livingston Ave., was charged on July 16 with first-degree criminal contempt and third-degree assault. Shahwali Nabe, 22, of 2398 Golf Ave., was charged on July 17 with fourth-degree criminal mischief. Kassandra L. Nigro, 21, Clifton Park, was charged on July 17 with fourth-degree criminal mischief. Benjamin D. Hotaling, 30, of 618 Cutler St., was charged on July 17 with aggravated driving while intoxicated. Nathanial W. Lee, age unavailable, of 5 Elbert St., was charged on July 17 with second-degree obstructing governmental administration, fourth-degree criminal possession of a weapon, resisting arrest, disorderly conduct, unlawful possession of marijuana, and second-degree harassment. Domingo R. Codrington, 46, of 302 Victory Ave., was charged on July 17 with third-degree assault. Adam D. Pollack, 40, of 652 Orchard St., was charged on July 17 with fourth-degree criminal mischief. John O. Ortiz, 30, Amsterdam, was charged on July 17 with third-degree menacing and fi rst-degree criminal contempt. Floyd F. Shafer, 35, 121 Lomasney Street, was charged on July 17 with second-degree harassment. Eddie O. Cintron, 32, of 1317 Sixth Ave., was charged on July 18 with second-degree harassment. Yarinel Cortes-Robles, 31, of 1317 Sixth Ave., was charged on July 18 with third-degree criminal mischief. Ishrei Sumair, 24, of 339 Duane Ave., was charged on July 18 with aggravated driving while intoxicated. Jerome R. Richardson, 45, of 119 Furman St., was charged on July 18 with second-degree harassment. Kaseem J. Jones, 30, no address, was charged on July 19 with seconddegree harassment and second-degree obstructing governmental administration. Leona M. Miller, 37, of 1136 Albany St., was charged on July 19 with fourth-degree criminal mischief and second-degree harassment. Armando F. Henry, 24, of 38 Kelton Ave., was charged on July 19 with second-degree burglary, fi rst-degree criminal contempt, second-degree criminal mischief, resisting arrest, and second-degree harassment. Sarah M. Zielinski, 21, of 1037 Cutler St., was charged on July 19 with resisting arrest and disorderly conduct.
SCHENECTADY Accused police officers lose automatic defense by union New policy covers cases involving off-duty actions BY KATHLEEN MOORE Gazette Reporter
A ninth Schenectady police officer is facing termination — and for the first time, the police union may not defend him. The city wants to fire Lt. Edwin Marcinkowski, who is accused of helping former officer John Lewis hide the fact that he still owned a gun after his pistol permit was revoked. Normally, Marcinkowski could expect a passionate — and free — legal defense from the union’s attorney, who has crafted detailed arguments to defend the other officers, submitted follow-up written arguments to try to sway the mayor and has gone so far as to threaten appeals when the mayor decided to fire the offi cers. But the police union has decided it will no longer take on every offi cer’s case. As costs mounted this year through the defense of an unprecedented eight officers facing termination, the union voted to cut its losses. Members changed their bylaws so that they no longer have the obligation to always defend every officer. The executive board can choose to opt out of paying for the defense of any officer accused of off-duty misdeeds. On-duty allegations would still be automatically covered by the union’s attorney. Of the eight offi cers who faced termination this year, only three were accused of on-duty acts. The others faced accusations ranging from misusing alcohol while off duty to mistreating women. Marcinkowski’s case has nothing to do with his on-duty work, but it put his fellow officers in danger, Public Safety Commissioner Wayne Bennett said. Marcinkowski allegedly knew that Lewis was hiding a pistol — which had belonged to Lewis’ friend, Officer Eric Verteramo, who died in an on-duty car accident in 2004. The lieutenant kept Lewis’ secret, not telling anyone at the department about the gun............................>>>>......................>>>>...................http://www.dailygazette.net/De.....r00101&AppName=1
SCHENECTADY Ex-cop pleads to fed weapon charge BY STEVEN COOK Gazette Reporter
Fired city police offi cer John W. Lewis admitted to a federal weapons count, fulfilling the second part of his complicated plea deal this week. Lewis appeared in federal court in Albany on Thursday before Chief Judge Norman Mordue and pleaded guilty to one count of possessing a gun while being prohibited from doing so. Lewis is expected to receive anywhere from 10 to 16 months at his sentencing, which is expected to take place in September, his attorney, Michael Horan, said. But, as federal plea sentences are not guaranteed, Lewis technically faces up to 10 years in federal prison, the maximum allowed under the charge. ...............>>>>................>>>>..............http://www.dailygazette.net/De.....r01104&AppName=1
COLONIE Cop’s history detailed for trial BY STEVEN COOK Gazette Reporter
Schenectady police Officer Darren Lawrence, drunk and off duty, struggled with city police on Oct. 31, 2008, at the Manhattan Exchange bar after an altercation with another bar patron he had allegedly hurled racial insults at, according to a police report. The report says Lawrence pulled away from on-duty offi cers and fl ed, to be found less than a half hour later, blocks away and hiding under a car on the street. The new, detailed account of the 2008 incident came in court fi lings this week in a separate criminal case against Lawrence, related to another alleged drinking incident in Colonie two years earlier. In that case, Lawrence faces a misdemeanor count of leaving the scene of a personal injury accident. He also faces a violation count of harassment, accused of attacking his passenger, Mark Viscusi, in the accident’s aftermath. Those charges have been in Colonie Town Court for nearly four years. But they may finally come to a trial soon, possibly this month, Town Justice Norman Massry indicated in court Wednesday. Attorneys and Lawrence were in court Wednesday for a pre-trial hearing in the 2006 matter. The hearing was to determine what prior alleged acts by Lawrence could be used at trial. TWO INCIDENTS Prosecutor Lincy Jacob outlined two alleged bad acts she wanted permission to use on possible crossexamination of Lawrence, should he take the stand at the trial. She detailed the October 2008 incident and an alleged alcohol-related incident from 2002. In the April 23, 2002, incident, a drunken Lawrence allegedly ripped the sink out of a bathroom wall at the Applebee’s on Cambridge Road in Schenectady. Jacob indicated in court that she had police-call notes from the incident. She also indicated that the department’s internal affairs division wasn’t made aware of the allegations until years later. At the time of the 2002 incident, Lawrence had been with the department just over a year, having been hired in January 2001. Public Safety Commissioner Wayne Bennett on Wednesday later confirmed that the department’s internal affairs officers became aware of the 2002 allegations in 2007. An investigation was begun, but key witnesses couldn’t be found. The 2002 allegations couldn’t be used at Lawrence’s recent disciplinary proceedings because the investigators couldn’t substantiate them, Bennett said. The city unsuccessfully used the 2008 allegations in an attempt to fi re Lawrence outright. A hearing offi cer recommended suspension, rather than termination, for Lawrence. The city has now turned its sights on the 2006 Colonie incident to convince the hearing officer that Lawrence should be fi red. The disciplinary hearing on that case has been scheduled for Aug. 23, Bennett said. Lawrence is accused of rolling his car on the Northway on Oct. 14, 2006, then fleeing the scene and attacking Viscusi. The accident came after allegations the two had been drinking. But no blood alcohol test could be conducted because Lawrence wasn’t found until later. Lawrence denies the charges. He has claimed, according to statements from others involved, that he wasn’t driving, Viscusi was. Lawrence returned to duty after the 2006 incident, but he has been out on paid and unpaid suspension much of the time since the October 2008 allegations. In the disciplinary hearing on the October 2008 allegations, the hearing officer heard testimony regarding the verbal exchange between Lawrence and the other bar patron, Bennett confi rmed. But he noted the alleged target of the exchange could not be located. There also would have been testimony from the offi cers on the scene, what they saw, Bennett noted. According to Jacob’s filing, there was much that they saw, including: .....................>>>>........................>>>>.........................http://www.dailygazette.net/De.....r00101&AppName=1
CLEANING UP THE RANKS Tide turns in city’s favor, against corrupt cops BY KATHLEEN MOORE Gazette Reporter
For years, it seemed the only thing Schenectady offi cials could do was suspend police offi cers who drove drunk, abused their wives, slept on the job or mistreated suspects. Every officer they tried to fi re was reinstated. It got to the point where they said they didn’t think it was possible to get rid of them. But with Dwayne Johnson’s resignation from the force as part of a plea deal Wednesday, the city has gotten rid of eight police officers this year, including one who agreed to leave within weeks of being suspended last month. The city has now won all but one case, and it’s not giving up — the only officer to be reinstated by an arbitrator this year has been brought up on further charges and will face another termination hearing Monday. It is an effort that began with years of complaints from observant residents who reported on officers’ misdeeds — including residents who told The Daily Gazette that Johnson was regularly parking his patrol car outside an apartment complex all night when he was supposed to be patrolling the city. That report led to a full-scale investigation by police and the district attorney’s offi ce, uncovering evidence that Johnson was not only sleeping on the job but also occasionally working as a private security guard at a Hess gas station during his police shifts. Other cases began at the jail, where guards started documenting every city arrestee who arrived with injuries that might have come from police beatings. Their information helped lead to two officers being charged with beating a suspect. The district attorney’s offi ce and the police department added their own investigators to the mix and this year began pressing charges against officers for both off- and on-duty actions. In the past, the district attorney’s offi ce had only prosecuted officers for felonies, but police began arresting their own on charges of DWI, domestic abuse and other misdemeanors. Those cases proved to be the fastest way to remove officers from the force, usually through plea deals. ................>>>>.....................>>>>...................http://www.dailygazette.net/De.....r00100&AppName=1
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