Schenectady police brutality accuser cleared of rape
By PAUL NELSON, Staff writer Friday, August 8, 2008
SCHENECTADY -- A grand jury has rejected rape charges filed last month against a city man who earlier accused five city police officers of beating him during a drunk driving investigation.
A Schenectady County grand jury on Thursday issued a no bill in its investigation of the first-degree rape charge against Donald L. Randolph, 38, effectively clearing him of charges he pulled down a woman's shorts and forced her to have intercourse on July 23.
Randolph had been drinking with the woman and her boyfriend in the hours before the attack, according to law enforcement officials and Randolph's mother. Law enforcement officials familiar with the case say the husband left the gathering, but returned to find his wife partially dressed.
She filed the rape complaint a few hours later.
Randolph denied raping the woman and cried in open court last month.
"I didn't do it your honor," he told City Court Judge Vincent Versaci.
He also testified in front of the grand jury.
District Attorney Robert M. Carney said there was not enough to sustain the charge.
"All of the witnesses told inconsistent stories. There was no medical collaboration," District Attorney Robert M. Carney said.
The grand jury heard the case Thursday and voted to dismiss it in the early evening.
The rape allegation was investigated by the city Police Department, the same agency whose members Randolph alleges beat him during a traffic stop in December. The state Attorney General is investigating that allegation. A law enforcement official familiar with the case said the confrontation with police was captured on a videotape that is expected to be important to state attorneys who are presenting the case to a grand jury in Schenectady.
After her son's arrest last month, Randolph's mother, Michelle Dunn, said she never saw her son alone with the woman, and that she thinks police are targeting him as payback for Randolph's beating accusation. The complaint led to the suspension of five officers. The incident is being investigated by the state attorney general's office.
"They can't stand my son," Dunn said of Schenectady police. "They're trying to set him up."
But Carney said police handled the case properly.
"I think the police reacted appropriately to the complaint," Carney said. "They handled this case like they would have handled any other case."
In June, Randolph testified before a Schenectady County grand jury about the officers he accused of hitting and kicking him on the ground after he was picked up for intoxication at the Union Street McDonald's restaurant Dec. 7. The DWI charges were later dropped because prosecutors said police provided such slip-shot evidence and documentation that they feared they couldn't make the charge stick.
SCHENECTADY Judge stiffening gun crime sentences Drago wants more jail time for weapon use BY MICHAEL LAMENDOLA Gazette Reporter
Schenectady County Court Judge Karen Drago has toughened her sentencing policy against people accused of firing a weapon in a crime, hoping to send a message about escalating violence in the community, officials said. Drago has told the Schenectady County District Attorney’s Office that she no longer will accept a plea agreement that does not require the person to serve a minimum of 10 years in prison. The change has forced a rethinking of strategy in District Attorney Robert Carney’s office and among some defense attorneys. “It is the first time in my memory that Judge Drago has weighed in on a sentencing policy,” Carney said. “This is a tough policy.” Carney has been district attorney since 1989. Drago did not return a phone call for comment. She announced her new policy last week in cases involving defendants Amie Cabot, John A. York and Brendan Mitchell. The three are involved in a March 30 incident where a handgun was fired into a house at 901 Congress St. Mitchell is charged with firing the weapon. Cabot and York are charged with criminal possession of a weapon. Drago told Mitchell’s attorney, Michael Braccini, she would only accept a plea that sends Mitchell, the alleged shooter, to prison for at least 10 years. She rejected a plea agreement in which Cabot would have served six months jail time. Drago instead told her attorney, Michael Mansion, she wanted Cabot to serve four years in prison. York also was told he would have to serve four years. “The judge made it clear that she is fed up with the violence and the guns and is trying to send a message that if you play with guns, you are going to get whacked,” Mansion said. Drago’s policy change stunned Cabot, who thought she would only get six months in jail, Mansion said. He said she will likely take the four years. Carney said Drago’s sentencing policy will have many implications. For one, it could mean more trials as defendants would rather go before a jury than accept 10 years automatically, he said. Mansion agreed: “The new policy might elevate itself to an extent that people will say why bother taking the offer. Go to trial and have the appellate division review it.” Mansion said plea bargains offer a little bit of victory for everyone. “It alleviates congestion, it ensures a defendant will know exactly what he is getting and relieves prosecutors of their case load,” he said. Carney said people charged with similar crimes have opted to take plea bargains offering, on average, six to seven years in prison. “Ten years is higher than most judges,” he said. Carney said he supports her new approach. “We have problems in this community and that is a le- gitimate response to this issue,” he said. Five years ago, Carney said he made his own policy change to tackle escalating gun violence. The change is he will not accept a plea bargain in connection with gun crimes and will ask federal prosecutors to handle some gun cases. Federal sentencing guidelines are higher than those of New York. Carney said Drago is well within her right to impose a 10-year sentence. In similar cases, the sentence range is between 3 /2 and 15 years. “Our job is to set the plea, to require someone to be accountable for what they did. The actual sentence is a judicial prerogative,” Carney said. Mansion said he also understands Drago’s position. “Something has to be done. Gun crime is out of control. I absolutely understand where the judge is coming from,” he said. In light of Drago’s policy change, Mansion said he has begun advising all his clients that any plea bargain reached with the district attorney’s office has to be approved by the judge.
With her statement, Judge Drago has served notice to those who commit crimes with guns in Schenectady County that the courts will harshly punish those who are convicted of those crimes. No more pleas from DA Carney with lenient sentences ... a 10 year minimum sentence.
This is the first step in reclaiming Schenectady from the criminal element who run the streets. I would guess that our law enforcement officers are pleased with the Judge's stated position. No longer will they arrest a perpetrator only to see him/her back on the streets in short order.
Thank you, Judge Drago for holding individuals accountable for their actions.
The next step should be made by the legislative branch. Social service benefits should be discontinued for those convicted of crimes. Personal property (e.g., autos, homes, etc.) used in committing the crime should be seized by the government and sold to pay for the legal costs incurred, the cost of incarceration and as reparations to the victims of the crimes.
The story must be loud and clear that "Crime doesn't pay"
Good for Judge Drago, she took a bold step for a bold problem. Perhaps a minimum 10 year sentence will deter a few of these criminals. I would have applauded a longer mandatory sentence.
SCHENECTADY Feds make grab for drug cash Prosecutors seek over $8,000 seized in raids BY STEVEN COOK Gazette Reporter
Federal prosecutors are stepping in to seize more than $8,000 in cash taken in March raids on the Kerry Kirkem-Oscar Mora drug organization. Prosecutors filed papers earlier this month in U.S. District Court to force Kirkem to forfeit nearly $7,000 found in Kirkem’s Van Vranken Avenue address in Schenectady and another $1,600 found at Kirkem’s Waterford address. He shared the Waterford address with his wife Dawn Kirkem. In papers filed, federal prosecutors allege the cash was proceeds from drug activity. Dawn Kirkem, however, claims the cash was a refund from her 2007 tax return. Kerry Kirkem, 40, of Van Vranken Avenue, pleaded guilty in June to one count of first-degree criminal possession of a controlled substance. He is to receive 12 years in state prison. As further proof the money was drug proceeds, prosecutors cited Kirkem’s own comments to his wife, caught on wiretaps, where he allegedly said he was keeping the family afloat through his drug business. Kirkem’s legitimate employment brought in only $7,500 yearly, according to the filing. In contrast, Kirkem boasted to another member of his organization that he made an average of $12,000 to $16,000 per night selling drugs in Clifton Park. The money was taken by authorities in simultaneous raids March 12 that resulted in Kerry Kirkem’s arrest on charges of leading a vast drug operation. The Van Vranken cash was found stashed in the top dresser drawer in the master bedroom. The Waterford money was also found in the bedroom dresser. In all, 24 people were indicted in the Kirkem-Mora operation, accused of taking part in the drug ring. Among them was Lisa Kaczmarek, wife of former Schenectady police chief Greg Kaczmarek. Dawn Kirkem was not charged. The cases are being prosecuted in Schenectady County Court, after investigations by the state police with other agencies and are being prosecuted by the state Attorney General’s Office. Of the 24 indicted, 17 have since taken plea deals. Two have yet to be arrested. Cases against Lisa Kaczmarek and her son Miles Smith remain pending. The Kirkem cash was among other items seized by authorities. Those items included an estimated 58 ounces of cocaine, 1,600 small bags of heroin, a semi-automatic assault rifle and a handgun. The value of the drugs was placed at nearly $200,000. The total amount of cash seized topped $22,000, according to the state Attorney General’s Office. In the March 12 raids, authorities also seized from the Kirkems a 2002 Chevrolet Tahoe and a 2006 Dodge Charger, both registered to Dawn Kirkem. Kerry Kirkem agreed to forfeit the vehicles as part of his plea. To support her claim on the cash, Dawn Kirkem submitted a copy of her W-2, showing she earned only $6,848 and had two children in 2007, according to the filing. The paperwork does not say whether the amount of her refund was supported. Kerry Kirkem’s attorney, Michael Braccini, said Monday he had yet to see the paperwork and could not comment.
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