Public Safety and Machine Guns


By DIA, Section News
Posted on Wed Dec 19, 2007 at 05:21:45 AM EST

Last night the Albany Common Council's Public Safety Committee meeting was held and the topic was the issue of members of the Albany Police Department using the APD as a front to buy illegal machine guns, avoid taxes on those guns and then at times, resell them to the public (this is a crime, don't try this unless you have someone like Chief Tuffey and Mayor Jennings to lie and cover up for you). In today's Times Union there is no coverage of this meeting. While Brendon Lyons has done stellar work on exposing this whole issue it is interesting that when a meeting is held to discuss this very issue, the public is not informed of what transpired.(Update [2007-12-19 7:12:27 by DIA]: I'm told Lyons was in the room at the meeting so perhaps we will be hearing from him on this if past performance is any indication). So, to keep you up to speed on just how ridiculous this whole issue is, I'm going to present the stellar work of Albany Layman. Prior to that I want to make sure you are aware that Mayor Jennings has asked us all to "move on" with regards to this issue. Here is Albany Layman's diary served up front and center.
In Oregon, Texas and Michigan, police officers and two prosecutors have been charged with federal firearms and tax evasion crimes for buying guns through their departments[...] [TU, 101707]

Say ... what do you suppose would happen if that same thing happened here in Albany?  Cops obtaining illegal firearms, and doing it through the police department to avoid paying taxes on them?  

What's that you say?  You would guess that nothing would happen, no prosecutions, no comment from The Tan One?  So cynical of you.  So jaded.  And so correct.

Brendan Lyons of the TU has written an excellent series of articles on this scandal.  In the spirit of DIA's dysfunction posts, the following is a chronological look at how we've gotten to this point of Santa not delivering any indictments for the guilty parties.  (Excerpts from the TU articles in italics.)

1993, 1994 and 1995 [TU, 102807]: multiple purchases of federally banned weapons [...] purchased at tax-exempt, discount prices. [TU, 100807]  [F]ormer assistant chief, William M. Murray, [...] signed official departmental letters [stating] "These weapons will be used for official duties only, purchased by the department for departmental use only [...]" [TU,  102807]

December 2002: ATF agents find a machine gun for sale at a local gun dealer.  The gun was registered to the Albany police force [and] had been brought to the store by Michael Romano, who is now a detective with internal affairs. [TU, 100807]

January 2003: Then-Police chief Robert Wolfgang sends a letter to ATF: "Please be advised that the following weapons, registered with BATF to the Albany City Police Department ... are not accounted for," the letter states, listing 12 guns.  "Currently the departmental records identifying the officers who possessed the weapons cannot be located." [TU, 102807]

Unknown 2003: The U.S. attorney's office in Albany was briefed about the matter [...] by the ATF, according to sources familiar with the investigation. U.S. Attorney Glenn T. Suddaby said: "ATF never brought a case to our office. [TU, 100807]

January 2004: Former assistant chief Murray dies.  [P]rior to [his] death he was visited by an Albany assistant police chief, Anthony Bruno, who removed an assault rifle that day. [TU, 112507]

April 2004: Wolfgang out as chief.

July 2004: John Curry, a part-time sheriff's department inspector, [...] went to Murray's home [...] at the request of Wolfgang.  Curry [...] was asked to remove three large artillery shells, including a live one, from the basement.  Curry may or may not have had assistance from the State Police bomb squad.  Curry said he went alone and never documented the incident or notified Watervliet police. [TU, 112507]

December 2005: Tuffey in as chief.

February 2006: The TU files a FOIL request. [TU, 101707]

April 2006: [T]he city denied the Times Union's [FOIL request], stating: "Disclosing the weapons that are used by the police force in fighting crime in the City of Albany could endanger the life of the officers using them against criminals."

At the time the letter was written, city officials would have known their own internal investigation determined the guns were unsuitable for urban policing, had never been deployed or used by the department in any official capacity, and that some of the weapons were missing and had been purchased by individuals other than police officers, according to interviews with people
familiar with the case.
[TU, 082607]

August 2007: TU publishes first article about the scandal. [TU, 082607]  After that publication, Tuffey acknowledged the guns were never used by the department and that there was no policy to use them. Departmental sources said the guns were unsuitable for urban policing and that no officers received formal training on their use. [TU, 102807]  

September 2007: Tuffey goes before the Public Safety Committee and his statements led Common Council President Shawn Morris and Public Safety Committee Chairman James Scalzo [...] to believe all of the guns were recovered and destroyed[.] [TU, 102807]

October 2007: Oct 8: TU reports that there are an unknown number of guns still missing. [TU, 100807]  Oct 10: At a Common Council finance meeting, Tuffey sez: "I never lie and I never will lie. ... I said to you that all the guns we had in our possession were destroyed," Tuffey said. "I don't know how many guns were purchased. ... I don't know. There's no records, guys." [TU, 102807]

October 2007: The [Albany Police Officers Union] served papers [...] seeking to intervene in a Freedom of Information lawsuit filed by the Times Union, which is asking a judge to order the city to release the records. [TU, 101707]  The union says that the identities of the officers who were in on the gun deals should not be made public as a matter of internal job performance or some such shit.

So...

What's you favorite aspect of all this?  The city officially lying in its denial of the TU's FOIL request?  The TU knowing more about how many guns are out there than Tuffey knows?  Suddaby's non-responsive response?  The artillery (artillery!) pick-up that was done at Wolfgang's request, months after Wolfgang resigned?  So difficult to choose.

Update [2007-12-19 5:56:42 by DIA]:

I was unable to get today's video segment to embed in the code so if you want to see it you'll have to go to Youtube directly. It's worth the trip. Check out his first costume choice.

End

Update [2007-12-19 17:3:23 by DIA]:

Personally I don't really care much about the whole gun law issue. I don't really want machine guns in the hands of people with no combat training. But in the end, I can got to Kmart and buy plenty of guns and ammo. No questions asked. Guns are guns. If someone in this country wants to go kill a bunch of people with guns all they need is a credit card and the willingness to pull the trigger. I have little tolerance for people who make it their life's work to fight gun laws but that is just because I think they are even further off the conspiracy deep end then I am. But there are laws. And if you break them, you pay. Another example, I think drugs should be legalized. There are laws about that and plenty of people are in jail for simply possessing drugs. If you want to live here, play by the rules. If you don't agree with them AND break them, pay the price (note: I have no illegal guns or drugs because I prefer not to go to jail). Here is an interesting discussion on a gun rights board about the Albany APD buying and selling guns. Here is a sample comment:

Not trying to be a jerk ,maybe im missing something.The way i read if all the info is true ,then a whole bunch of cops have illegally bought and at the least illegally transfered Automatic weapons,and isnt havoc69s imprisonment for the same thing ,in regards to ulitamilty a Class 3 item was transferred illegally? I wonder will the BATFE stick it to these guys as it would anyone else...Seems so stupid to me to risk getting caught for such a highly punishable crime just to save a 200$ tax stamp
In the gun community, where they know what they speak of when it comes to this, this is a "highly punishable crime". Apparently not in Albany. Perhaps I should go shopping for a machine gun and some artillery shells since we seem to be a safe haven for that sort of thing.

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Public Safety and Machine Guns | 18 comments (18 topical, 0 hidden)
most outrageous (none / 0) (#1)
by DIA on Wed Dec 19, 2007 at 05:32:01 AM EST
really hard to choose but i think the combination of tuffey saying he doesn't lie and following that up with "There's no records, guys" combined with the fact that they lied to deny the FOIL has to pretty much be the most outrageous (not to Glen Suddaby, but to people who care about truth and the laws).  

If there are no records, chief, why the lies to deny the request for the records?  

Everyone, sing along, "Doesn't matter how many crimes you commit, the mayor sez, "move on, move on", dealing illegal machine guns don't mean shit, the mayor sez, "move on, move on"


come on people (none / 0) (#2)
by DIA on Wed Dec 19, 2007 at 04:39:39 PM EST
its a little slow for the holidays but we're still getting a couple hundred of you lurking around these parts every day.   Not one of you can drop a note to Albany Layman for his work?   Trust me,  it ain't easy to compile all those quotes and links.    I was quite glad when I saw what he'd done because I'd been procrastinating.

Nothing?   Perhaps there is a bit of hesitation to post about the obvious criminal element in the APD?   Can't blame you.   Keeps me up at nights even when i gobble those pills the butterfly brings me.   However, the courts are on our side.   Ruling last week.


The Texas Court of Appeals for the Sixth Appellate District at Texarkana took an important step today toward protecting the rights of Internet bloggers in Texas to write anonymously


DIA (none / 0) (#3)
by albany layman on Wed Dec 19, 2007 at 07:00:07 PM EST
is being far too kind.  Brendan Lyons did the work, I just putzed around on the computer.

[ Parent ]
The question: (none / 0) (#4)
by integritypd on Thu Dec 20, 2007 at 05:57:12 AM EST
Where is the leadership and integrity?
integritypd
DIA (none / 0) (#5)
by alfrednewman on Thu Dec 20, 2007 at 06:35:00 AM EST
There seems to be two issues here.

  1. The city FOIL policies.
  2. That documents relating to police department weaponds handling seem to be missing.

  3. Is it appropriate for the city to disclose its arsenal?
  4. Who has been leaking the documents to the press?  

"What? Me worry? " "whatmeworry.alfred@gmail.com"
[ Parent ]
al (none / 0) (#6)
by DIA on Thu Dec 20, 2007 at 07:17:48 AM EST
perhaps there is a third bigger issue.

it is well documented that members of the APD committed crimes involving tax evasion and selling illegal machine guns.  Please reread that sentence if you aren't clear what the issue is here.

Now, I really don't care if they go after the individuals at this point.  Sure there is a guy working as a detective in internal affairs who took one of these guns to a local shop so it could be resold to the general public.  Sure that looks really bad. But the biggest issue is that this is a blatant fuck you to the cititzens of Albany by the mayor and the police chief that says "we know crimes were committed but you can do nothing about it.  In Albany THE POLITICALLY CONNECTED ARE ABOVE THE LAW".   The US Attorney Glen Suddaby also is complicit in this.  And for ignoring crimes he now gets to be a judge.  

That is the issue.  The mayor and the police chief know crimes were committed and they are covering them up and not holding anyone accountable.  

I don't share your concern about someone leaking documents.  Crimes have been committed and are being covered up.  Anyone who helps get out the truth is ok in my book.

"is it appropriate for the city to disclose its arsenal".   I think this is a really stupid question where we know crimes have been committed.  Its a simple and stupid dodge to try to try to cover up crimes.  We know we've had discussions about the city's pursuit policies recently and the city has clarified them several times.  By your reasoning this shouldn't have happened because it lets people know what the police will do.  And the argument is irrelevent in this case because the city has said these weapons were purchased by the cops, using the APD as a front so as to evade taxes and then they were for personal use and never for city use.  These weren't part of the city arsenal.  So, this discussion has nothing to do with the city arsenal if the city is to be believed.  

It might be nice to know what the cities inventory of weapons is because we know other weapons are missing as well, don't we?  Of do you want to just hand over your tax dollars to this crew and say, "do whatever you want, i don't need to know anything".

did you check out that last link.  Street value of these guns was pretty high.

[ Parent ]

Possible fourth issue (none / 0) (#7)
by Tom Paine on Thu Dec 20, 2007 at 08:45:34 AM EST
There's a possible fourth issue - it may still be going on or must have gone on under Tuffey's leadership also.  

It would be the simplest thing in the world for Tuffey to simply come clean with whatever records he can find and blame his predessessor. That's what you'd do if you yourself were not involved and you knew none of your current key personnel were involved. You get to look honest and by blaming it on the past you kind of make it go away as a current issue. You might even get away with protecting those who were guilty in the past by promising it wouldn't happen again.

Since he hasn't done that I'd venture a guess there are key people in the department involved and their involvement may be recent.

By the way, the dollar value of the weapons is a minor issue IMO. The idea that a cop would illegally sell that much firepower to whoever happens to buy the weapon is astonishing misconduct. Imagine if one of those weapons turns up in an Albany or other local crime.

It's also pretty incredible that anyone had live artillery shells in their house. Those things deteriorate if not stored properly, and can go off without warning.

And although it's a side issue, yes, we should know exactly what weapons the city posesses. They bought them with our money; how would making it public hurt their ability to respond to crime or deter crime?

 

[ Parent ]

Good work in assembling the machine gun (none / 0) (#8)
by Jim Travers on Thu Dec 20, 2007 at 09:36:15 AM EST
chronology into one post Layman.

One can only wonder at what judgment Suddaby will exercise in the cases brought before him should he be appointed to the bench, his seeing no foul at play in the case of Albany's police brass and rank & file illegally obtaining and disposing of machine guns. That worries me. But not as much as Tuffey's lying and Jennings roll over & play dead response. If he were a leader heads would have rolled. Maybe he's got one or two of those bad boyz tucked away in his basement that he's saving for the day the FBI comes to collect him along with the rest of the garbage ruining Albany.

What DIA says about Tuffey & the foil denial is telling also. If there were no records, why the denial?

The only thing the chief and the mayor have proved to all is that they are the most profound of all liars and cannot be trusted. And that's a shame.

Jim (none / 0) (#9)
by alfrednewman on Thu Dec 20, 2007 at 10:08:36 AM EST
Quick note as I am actually busy today....

Isnt it generally the city attorney who handles FOIL requests, not the mayor or the police chief?

Second, it is apparent that documents were stolen. The TU apparently already had better access to the records than the police chief
"What? Me worry? " "whatmeworry.alfred@gmail.com"

tuffey and jennings (none / 0) (#10)
by DIA on Thu Dec 20, 2007 at 10:16:25 AM EST

It would be the simplest thing in the world for Tuffey to simply come clean with whatever records he can find and blame his predessessor. That's what you'd do if you yourself were not involved and you knew none of your current key personnel were involved. You get to look honest and by blaming it on the past you kind of make it go away as a current issue. You might even get away with protecting those who were guilty in the past by promising it wouldn't happen again.

EXACTLY.   Even getting to "look honest" would be a big improvement for Tuffey.  But for some reason he is unable to do what you have recommended and its well past the point of no return.  Which means, he gets to "look guilty".

The City Clerk is the City's FOIL officer (none / 0) (#11)
by Jim Travers on Thu Dec 20, 2007 at 01:53:37 PM EST
The whistleblower law would protect the honorable oficer who brought the documents to the attention of the press. Call it stealing if you want, but I think he's performed a rather heroic community service.

I also agree with the 'looks guilty to me' take that DIA mentions.

Wish it were (none / 0) (#17)
by FedUp on Fri Dec 21, 2007 at 12:14:18 PM EST
true about the whistleblower law protecting the honorable officers but it's more difficult than that.  Go to the press, give them "official" documents and they have the right to fire you.  Sure, you can sue but you're fighting from the unemployment line and paying the lawyer on your own for a long, expensive battle.  

You bet what they are doing is a heroic community service especially considering the risk they are putting themselves at.  They must feel pretty strongly about this and they must have hard evidence or the TU would not have risked exposure/lawsuits by allowing those articles to be published.

[ Parent ]

High Road, Low Road, No Road (none / 0) (#12)
by Roscoe on Thu Dec 20, 2007 at 04:54:08 PM EST

The Machine Gun caper for the APD has been going on so long, you get a recurrent  sense of déjà vu all over again, with the rising bile.

Layman has done a great service, summarizing this mess.  What strikes me first about the situation is the carefully lame T-Useless timing of the articles.  Instead of a day-after-day use of the print media to build public awareness, and reaction, one can easily see from this summary that the story is allowed to die for long periods of time before resurfacing.  This effectively kills continuity of public awareness, and the likelihood of public reaction.  It is an editorial decision, pure and simple, and not in the interest of the public, or the community.  Someone should run a concurrent timeline of the T-Useless's acquisition of naming rights to the Coyne-Zumbo-Knickerbocker-Pepsi-Times Union Center, to get a real feel for the situation.  It ain't good.  Collusive, in fact.

The editorial position also is telling regarding Tuffey's  mayoral possibilities: this is an issue which could defeat him, or, by lack of effective publication, be a non-issue.  We can see how it has been treated thus far.  Shall we expect more of the same?

I think the time has passed, unfortunately, where Tuffey could escape with a simple mea culpa. That would have worked even a few months ago, and I so posted, but not now.  If he handles the Fifty Block Cleanup productively, and gets some good press from that, his connection to this matter, if it stays out of the courts, will be forgiven by the public.  That appears to be the game plan. A prosecutor with balls would change all that.  Are there any in this neck of the woods?

The saddest part of all of this is the increasing suzerainty of the Albany Thuggery.  Those least able to lead this city from its fallen state are, by reason of the complicity of the Fourth Estate, and the connivance of the legal profession, in unchallenged control of the city and its continuing decline.  

Complicit? (none / 0) (#13)
by integritypd on Thu Dec 20, 2007 at 06:25:56 PM EST
Seems if it weren't for the TUseless you wouldn't be talking about this, wouldn't even know about it.
integritypd
Hmm, suspend all beliefs.. (none / 0) (#14)
by FedUp on Fri Dec 21, 2007 at 05:51:30 AM EST
when you add this to the timeline:

...1993, 1994 and 1995 [TU, 102807]: multiple purchases of federally banned weapons [...] purchased at tax-exempt, discount prices. [TU, 100807]

"Chief Tuffey retired from the Albany Police Department in 1995 at the rank of Detective.  He worked as a confidential investigator in the New York State Department of Labor before becoming Public Safety Commissioner for the City of Cohoes in 1996." (from the official website)

So, even though he was secretary of the APD union, a APD police detective with a brother on the force he had no knowledge of the gun purchases?????

and...

"July 2004: John Curry, a part-time sheriff's department inspector, [...] went to Murray's home [...] at the request of Wolfgang.  Curry [...] was asked to remove three large artillery shells, including a live one, from the basement.  Curry may or may not have had assistance from the State Police bomb squad.  Curry said he went alone and never documented the incident or notified Watervliet police."

So Mr. Curry, the former head of the NYSP Bomb Squad removed the shells (one live - were the surrounding houses evacuated) following what procedures?  And the shells went where?  

"John J. Curry is the principal of Security Technologies International, LLC. He is a decorated veteran of the New York State Police. Mr. Curry served as a New York State Trooper in a wide range of capacities for over 33 years. During his years as a New York State Trooper, Mr. Curry serviced as Commander of the New York State Police Bomb Disposal Unit, Hazardous Materials Unit, and K-9 program."

This just gets better and better, folks.  Kudos to  DIA and Albany Layman for keeping this going.

I think you've hit upon the issue (none / 0) (#15)
by DIA on Fri Dec 21, 2007 at 07:07:39 AM EST

So, even though he was secretary of the APD union, a APD police detective with a brother on the force he had no knowledge of the gun purchases?????

Would seem hard to believe.   And if this is not true, than it would certainly explain his and the mayor's behavior here.  

We've heard that 42 guns were purchased.  There are around 350 cops.  Tuffey and his brother were both on the force.  I find it very hard to believe they didn't know about it.  And it certainly isn't a stretch to believe that one of them owned a gun.  Which would certainly explain this behavior.  

In any case, jerry didn't do a very good job of vetting this last candidate for chief.  But, since he's never been held accountable for anything he does, you can't really blame him for not thinking about this in advance.  

DIA - Jerry did a GREAT job (none / 0) (#16)
by FedUp on Fri Dec 21, 2007 at 12:04:46 PM EST
of picking his last candidate for APD chief!  Who  better than a bully like Tuffey?? (do you really think the selection was about what's in the best interest of the city of Albany or what's in the best interest of Jerry?).  

Can you imagine the discussion (over beers in a bar of course):

J.  So, if I give you this job will you cover my back??

T.  I gotta be honest with ya, Jer - I'll watch your back; but the deal is you gotta help me cover up those gun purchases by the guys.  It'll go away in time if we just ignore it.

J.  Deal!  And if I ever get drunk and have a car accident or anything I'll count on you to back me up.

[ Parent ]

Jim - I am not sure (none / 0) (#18)
by alfrednewman on Sat Dec 22, 2007 at 07:04:26 PM EST
that the "The whistleblower Law" would protect someone who steals police department files and then turns them over to the press.

I believe that stealing police department files regarding illegal activity could actually be considered obstruction of justice.

Seriously, Wolfgang sent the Feds a letter stating that fire arms are missing. Apparently that letter is now missing along with more paperwork.  Documention listing missing weaponds are now gone.  This isnt someone acting in the interest of justice or public safety. This looks to me like someone looking to make sure that the truth will never come out and standing in the way of what ever investigation shoudl be happening.

If these documents were photo copied and then turned over to Dave the Wonder Dog or to the Feds I would be in full agreement with you. But the Times Union?

No.

Because the source of this information is now the editor and one would suspect is releasing information only benificial to his or her own personal goals and benifit.
"What? Me worry? " "whatmeworry.alfred@gmail.com"

Public Safety and Machine Guns | 18 comments (18 topical, 0 hidden)
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