Albany Police Dept. Mismanagement - Part One


By champlain, Section Diaries
Posted on Sun Mar 04, 2007 at 09:40:39 AM EST

I write this with a heavy heart.  I am not anti-police.  Nevertheless I feel I need to add another voice to the dialogue on the many problems with local law enforcement.

While there is always a lot of cheerleading and boosterism regarding the local police agencies in any city, in Albany it seems to take on a strangely different tone.  There is almost an expectation that officers will break the law, it even goes beyond that, almost to a point where a malevolent minority of the force seem to be prodding the other officers to join in and be among those on the shady side.  

CROOKED COPS AND THEIR ENABLERS
Wherever there is another story in the Albany Times Union about another Albany cop who is accused of breaking the law - you always see a throng of people jumping to defend the bad cop and minimizing or attacking the victims who are brave enough to make the accusations against the cop.  It's kind of shocking really.  I've see other cops, lawyers, professionals, and people in high positions in the community say some rather amazing things when defending Albany police officers who have been accused of crimes.  Some might say these people who defend the crooked cops are enablers rather than defenders.  On a few occasions when I have scratched the surface a bit I find an explanation for the enabling, like a relative who is a cop, or a badge groupie or an overdose of "law and orderism" to the point where they get a little blinded by badges - but on the whole - people in Albany mostly seem to want to give a cop three or four or five chances even after they have repeatedly shown they are not fit to serve and need to be terminated for cause. As much as Fred LeBrun of the Albany Times Union frustrates me, he wrote an excellent piece on the APD's William Bonanni back on December 1, 2006, saying essentially that Bonanni screwed up so many times over the years that at any other department he would have been discharged for cause long ago - yet he remains on the Albany police force.  In Bonanni's 15 years with the APD, that cop has spent 6 YEARS ON LEAVE OR ON SUSPENSION.  But I am not surprised, in Albany, it seems to be a knee jerk reaction to defend the cop and blame the victim.

MISMANGEMENT AND NO ACCOUNTABILITY
Of course the classic case of mismanagement that is regularly discussed on this blog was Mayor Gerald Jennings defending the DWI cop Greg Krikorian with Jennings' infamous "leave him alone, he's a good kid" quote.  I know that the Mayor had a bit of a rough go as a youngster in North Albany, but I don't think his new McMansion neighbors on upper New Scotland Road would call a cop who is a DWI speeder with a blood alcohol level of 0.16 (twice the legal limit) who leaves the scene of an accident and drunkenly crashes his 1988 Corvette into a multi-unit apartment building and burns the building down leaving several people homeless and devoid of their worldly possessions a `good' kid.
http://www.poly.rpi.edu/article_view.php3?view=3379&part=1

Metroland Magazine followed up on the aftermath to see if the 25 year-old Krikorian was discharged from the force for cause, but they were a bit surprised and reported the consequences for Krikorian: "State police charged Krikorian with driving while intoxicated and leaving the scene of an accident. He was arrested, without being handcuffed, and issued an appearance ticket. He pleaded guilty to the reduced charge of driving while ability impaired on Dec. 21, 2004. He was fined $300, and his license was suspended for 90 days. Krikorian was suspended from the APD during the criminal proceedings. When they were complete, he was reinstated."

That's right dear reader, leaves the scene of an accident, burns down an apartment building, convicted of DWAI, and then REINSTATED to the Albany Police Department.

To top things off with chocolate sauce and extra sprinkles, what does the spokesperson for the Albany Police Department (Officer James Miller) say to the media ? :  "YOU HAVE LAWYERS, DOCTORS, JOURNALISTS WHO ARE ARRESTED FOR DWI AND DON'T LOSE THEIR JOBS. I THINK IT'S UNFAIR FOR OFFICERS TO BE TREATED DIFFERENTLY FROM EVERYONE ELSE. PEOPLE MAKE MISTAKES." -APD Spokesman James Miller, May 4, 2005.

I don't know about other people who read this blog, but I ALWAYS treat police officers different than everybody else.  Police officers have GUNS and they have the legal authority to ARREST me and put me in JAIL based only on what they say.  I can sit in the SLAM for about TWO DAYS before I get to see a judge and give my side of the story. I ALWAYS treat police officers with kid gloves.

For an APD officer who has the responsibility of being the public face of the Department, to say what he said in public - to the media -  Well... its unbelievable.  Only when you think back to the `he's a good kid' quote do you start to realize that this is exactly what Mayor Jennings and Public Safety Commissioner Jack Nielsen and Police Chief Turley wanted Miller to say.

So you might think to yourself, `nah, this one case was just an abboration.'  After all Greg Kirkorian was the son of long-time Albany detective Charles Krikorian, a guy who had been on the force for 33 years.  In fact, Greg Krikorian went on the drunk driving rampage on the night of his father's retirement party that was held at Martel's at the Albany Muni Golf Course - the Mayor's favorite watering hole.  If there was ever a case for `special handling' you might think that this was it... right?  Nope.  

A few months later, in April 2005, Albany Police Officer Robert Schunk crashed his car in the wee hours of the morning into a parked mini-van with such force to send the van into another parked car.  Schunk refused to take a breathalyzer test and was arrested.  

Then it was `Miller Time': "THAT OFFICER IS NO DIFFERENT FROM ANYBODY ELSE THAT WOULD'VE BEEN INVOLVED IN ANOTHER ACCIDENT." -APD Spokesman  James Miller. (WTEN, April 22, 2005) "THIS IS VERY SIMILAR TO A DOCTOR, LAWYER OR TEACHER THAT WOULD GO OUT AND DRINK AND DRIVE." - APD Spokesman James Miller. (CN9 April 22, 2005).

But the trouble with this `logic' is that doctors, lawyers and teachers don't enforce the law. THE POLICE ENFORCE THE LAW.  When the police break the law - IT IS DIFFERENT - IT'S VERY DIFFERENT.  Police are supposed to set an example.  Many law enforcement agencies FIRE officers for drunk driving arrests - but not Albany PD.  

By the by, SOME lawyers also enforce the law as criminal prosecutors, and I have known several criminal prosecutors who have been fired from their jobs for off-work drunk driving incidents. So it appears `Miller Time' has been busy misleading the public.

So then you think, `well by now in 2006, Jack Nielsen's resigned, Bob Wolfgang's resigned, Jim Turley's resigned - James Tuffy will come in and clean things up - all that drinking and driving will come to an end - right?'  Nope.

DATELINE June 23, 2006: An off-duty Albany police sergeant was arrested on charges of driving while intoxicated after his car struck another vehicle being driven by an off-duty officer from the Rensselaer Police Department. Sgt. Vincent P. Foley, 38, who lives off Route 85A in Voorheesville, was slightly injured in the 3 a.m. Thursday crash on New Scotland Road. He was arrested after allegedly refusing to submit to a blood alcohol test. Foley would be the second Albany police officer in less than a year to be charged with DWI for refusing to take a blood alcohol test.

Does that end it?  Nope.

DATELINE October 14, 2006 -- A city detective killed last April in an on-duty crash had apparently fallen asleep behind the wheel of his speeding unmarked cruiser before it slammed into a barrier on Interstate 90, authorities said. Detective Kenneth P. Wilcox, 39, who had spent several hours drinking in a downtown nightclub before reporting for duty that night, had alcohol in his system when the crash took place but was not legally impaired or intoxicated. Fatigue, speed and his failure to wear a seat belt were factors in the death, authorities said.

So then you think, `well now Jimmy Tuffy has instituted a zero-tolerance policy for on-duty APD officers - NOW all that drinking and driving will finally STOP.'   Well dear reader, you'd be wrong.

DATELINE November 30, 2006:  Two city police officers recently showed up for work while allegedly impaired by alcohol, in direct violation of the department's new zero-tolerance policy, sources said. Sources familiar with an ongoing internal investigation identified one of the officers as William Bonanni, whose career has been marked by controversy.

So now we're back to William Bonanni.

COPS SEE LOTS OF BAD THINGS
You see a lot of very ugly things when you are a police officer.  Things that are very, very difficult to explain to your loved ones or your friends when you are off-duty.  I don't doubt that when police officers are off-duty they have some alcohol to relax.  I've got no problem with that.  I don't expect police officers to abstain from alcohol.  

But after you deal with all that dirt out on the street while trying to keep the other people in your community safe, some officers start to believe they deserve something a little extra.  And when I say `extra' I don't mean the simple respect of your neighbors and the adoration of kids because of the good and important work you are doing in helping keep the community safe.

GRAFT AND CORRUPTION
There are a million rumors about some in the Albany Police Department `working' with drug dealers and distributors.  I don't have a good case of hard facts on those many allegations so I am not going to go down that road...yet.  Lots of people who comment on this blog seem to have a lot more knowledge and I would encourage them to be as open as they feel they can be.  Anybody who reveals anything should be strictly warned that people who question APD management can be in for a rough ride - just read the `kateb' diaries and comments at this blog. I am trusting DIA to keep the identity of the people on this blog anonymous.

But I don't even have to go down the cops `working' with drug dealers/distributors road - there has already been plenty of cop corruption reported in the local newspapers for the last several years.  Take former Albany Public Safety Commissioner Jack `I am not a petty thief' Nielsen.

DATELINE January 15, 2005:  A federal audit finds that the Albany Police Department improperly spent nearly $43,000 from its seized asset program for `expenses' such as lunches, retirement parties and automatic car starters. The audit by the U.S. Department of Justice also said the department kept poor records and failed to follow federal guidelines on the use of the assets, which are seized in criminal investigations.

Jack Nielsen, keeps a slush fund and then is found out and resigns and leaves town for a few years going to Haiti to do `consulting' on security issues on a fat federal government contract.

There will be more parts to this on-going story of mismanagement.  I'm really just getting started.  It is a long and sordid story and all of it points right back to APD mismanagement.  I encourage people to comment on this diary and let others know what you may know.

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Albany Police Dept. Mismanagement - Part One | 13 comments (13 topical, 0 hidden)
Your account (none / 0) (#1)
by kateb on Sun Mar 04, 2007 at 02:04:42 PM EST
of police mismanagement is stunning and thorough.

When I have a chance to reflect and gather it together, I'll try to put in one place everything I have learned about APD mismanagement and illegal activity.  

There are quality people in the APD, which I'll just say again this one time.  That is not the point of your diary, and it is refreshing not to have a knee-jerk reaction excusing police for everything they do.

I've heard the APD prints out this blog and sends copies around.  Would be good to hear them address what you say in a frank and honest way.

Champlain (none / 0) (#2)
by alfrednewman on Sun Mar 04, 2007 at 09:17:44 PM EST
As I am obviously doing this because I must have been given marching orders to suck up to the cops....

Can you tell me what the procedure is for firing an Albany Police officer?  Could Bonanni been fired after being cleared by an jury after beating up the college kid?  Could he have been fired after the shooting on Lark Street? Could he been fired for violating a work rule that was instated after the union contract was negotiated?

Were there any criminal referals for Neilsen's (who I personally liked because he would chase purse snatchers down Lark Street) slush fund?  You make a big deal out of the federal probe.

Did the District Attorney of the County of Albany bring any charges? Impanel a grand jury? No?  

I had to deal with Det Krikorian. He was an asshole. A First Class Asshole. He should have been fired for dressing like a skeezer. Purple silk shirts with purple silk ties?

But what would it have taken to have his kid fired?

I know you think that I am defending actions that are simply undefendable.

Im not.

I am trying to point out that these people cannot be fired because of contracts that our elected Common Council agreed to.  

Don't like drunk cops driving around or shooting at Kates house? Run for office and vote against the contract when it comes up for renewal. Until then the Police Union will protect cops who are expansive and dangerous embarrassments to our city and who should be fired.    
"What? Me worry? " "whatmeworry.alfred@gmail.com"
[ Parent ]

Actually I really don't have high hopes (none / 0) (#3)
by kateb on Mon Mar 05, 2007 at 05:01:38 AM EST
of the APD taking frank and honest looks at itself.

With all I have seen about illegal orders and false arrests and unconstitutional actions by our police chief, mayor, and cops...... one thing really throws me.

Cops with some passing knowledge about this case say the same thing:  "what's so important about 5 (or 15) feet?"

It's mind boggling, really.

The point of the protest was the church, not the boundary.  And the point of the false arrest was the false arrest/illegal orders/unconstitutional actions/failed system, not the boundary.

Cops think it's feet.... with no concern about a Court order being violated by police, false arrests by police, illegal orders given and followed by police......  

I guess they missed that part of their training.

[ Parent ]

Again you blame the Council? (none / 0) (#4)
by champlain on Mon Mar 05, 2007 at 06:00:03 AM EST
Al, what power does the Common Council really have?  

Very. Little.

I know you're just egging me on.  But I will run through it anyway.  

You know the labor contracts are negotiated by the Corporation Counsel's office with the assistance of 'labor consultants.'  You know its the Corp. Counsel (at the Mayor's direction) that caves to all the contract crap that makes it so hard to do appropriate discipline or discharge for cause with the bad officers and the bad detectives.  If the contract sucks for management YOU BLAME MANAGEMENT.  MANAGEMENT = 'STRONG' MAYOR JERRY.  YOU BLAME MANAGEMENT FOR NOT BEING ABLE TO NEGOTIATE ITS WAY OUT OF A PAPER BAG.  But the reality is - Jerry WANTS the contract to be weak - that way he looks like a hero to cops and cops 'like' him. You don't blame the Council. Don't forget that 15 years ago Jimmy Tuffey and the Jer were 'partners in crime' back when Tuffey was head of the Albany Police Union and Jer was a Council member aspiring to be Mayor.  They know all the tricks in the police contract and now they are making up some new ones:
http://www.democracyinalbany.com/story/2007/3/5/4932/54601

And who suffers?  The professional, hard-working, concerned cops who DON'T drink and drive, who DON'T get arrested, who DON'T expect something 'extra' for doing their job - other than the respect and admiration of the people of Albany.

We've seen how long the Council gets to review complex labor contracts - about a week or maybe less.  The Council gets pushed HARD to approve anything put in front of them. Oh, and by the way, the Council has very little input on what is in the labor contracts.  Oh, and who is the Labor Committee Chair in the Council - Glen Casey - you remember him - Syncophant to the Mayor.  Glen Casey, that guy that was going into the voting booths with voters and 'helping' them vote in the 2005 primary, when both he and the Jer were getting primaried by reformers.  And the Council member who runs the Public Safety Committee - Jimmy Scalzo - another tool of the Mayor and the developers who couldn't bother to show up for about 60% of the Common Council meetings in 2003.  

Even if DIA and 'kateb' ran for Council and they won...  they'd still be two votes out of 15.  The majority of which are tools of the Mayor.

There was a group that tried to change the city Charter back in 2005 to give the Council more power and the Mayor a little less.  The Council had an opportunity to put the Charter change on the ballot and let the citizens vote on it in the general election.  THE COUNCIL VOTED NOT TO LET THE MEASURE ON THE BALLOT.  Perhaps you forgot about that.  You're not going to get any help from the Council on this - the contract system is too rigged. What's needed is a Mayor who doesn't run the APD like his own personal police force. Perhaps you will also remember - the APD didn't have any problem doing an illegal termination of Christian D'allesandro? Why do you think that was? Maybe cause he didn't want to be a 'tool' of the Mayor?  But DWI cops who get arrested? ... why they all get reinstated.  How do you explain that mystery Alberto?

You know you're just putting out a bullshit argument - but that's what we all expect from you.  Keep it coming and we'll keep knocking it down.

Thank you again (none / 0) (#5)
by kateb on Mon Mar 05, 2007 at 06:10:06 AM EST

for all of the information in one place.  I had heard a bit, but you explained more.

I think Al (and others like him who jump in for one comment and rarely heard again) provides an unexpected service.

When he eggs us on, we have another opportunity to put more out there, as you helpfully did.

On another thread, being egged, I got another chance to tell about Chief Tuffey being caught with his pants down.  I wasn't looking for that opportunity.  It was an appropriate response to being egged on.  

Just continue to use it, if Al is going to continue to help out that way.

[ Parent ]

Kate (none / 0) (#7)
by alfrednewman on Mon Mar 05, 2007 at 07:16:21 AM EST
You finally figured it out! Damn well about time, too. While my spelling and grammer sucks I do understand the art of the argument.

Damn near two years Kate. I certainly hope you are not this dense dealing when practising law.  I told you that you were rotten at this.

Now go back over my posts and see how many times I actually agree with the person I am egging on....
"What? Me worry? " "whatmeworry.alfred@gmail.com"
[ Parent ]

I figured it from the beginning, Al (none / 0) (#9)
by kateb on Mon Mar 05, 2007 at 10:42:18 AM EST


[ Parent ]
Champlain (none / 0) (#6)
by alfrednewman on Mon Mar 05, 2007 at 07:09:45 AM EST
Unfortunately, it really not a bullshit argument- is it?  Regardless of how the contracts were negotiated the fact remains that the contracts are in place and legally binding.

You are right about the bullshit contract process, however, the ultimate authority on its passage is the commmon council and not the Mayor.

Thank you for bringing up D'Allesandro.

From the Times Union:
 
FIRED OFFICER FILES RIGHTS LAWSUIT
Friday, July 9, 2004   Page: B4
Former Albany police Cmdr. Christian D'Alessandro, who was fired from the force earlier this year, filed a multimillion dollar federal lawsuit Thursday alleging his rights were violated and his reputation ruined.

As I did not see any follow up stories I have to assume that this multi-million dollar lawsuit is still in the pipeline.  One of reasons he sued for was "breech of contract."

So here is what happens when you fire a cop who is protected by union contracts. Multimillion dollar lawsuits.  And as Albany is self insured, its coming out of my pocket not an insurance company.

I am egging you on a bit.  Being able to accept or decline contracts is not the definition of "a little power" it is the definition of power.  Common Council says "no" then the mayor has his hands tied.

You blaim the mayor for negotiating the contracts. I blaim the common council for passing them. If the common council did their oversight jobs then bad cops could be fired.

You rightly cheer when the District Attorney gets drugs off the street.  But what about Neilsen? Was there any criminal activity as many here have alledged? If there was then just what the hell is the DA doing chasing Floridians around?

If the DA was actually looking out for our interests he would deal with local corrupution and prosecute local crimes first. Murderers are out on our streets walking free. Municiple property was trashed for cash.
"What? Me worry? " "whatmeworry.alfred@gmail.com"
[ Parent ]

APD Mismanagement... (none / 0) (#8)
by hawkny on Mon Mar 05, 2007 at 08:12:22 AM EST
There are a few talented people at Albany's City Hall.  They spend most of their time putting out "brush fires", devising alternatives for "screw ups" and covering management ignorance, dishonesty and malfeasance.  The problems you speak of within the APD, are really  rampant throughout the current city administration, in numerous departments.  

Do not underestimate the consequences brought on by the fact nearly 50% of the city's employees, including the majority of the APD, live elsewhere.  These non-resident people simply do not care beyond PYA considerations. As long as they receive a pay check they easily "turn a blind eye" to what they see going on from day to day. Who can blame them?  Isn't that the way in corporate America today?

The problem is, there are far to few fulltime residents who understand the aforementioned, thus, no city-wide public enthusiasm for reform.  The County DA has ample evidence at his disposal to follow up on numerous instances of individual and corporate  wrong doings in city government. But, thus far, he has not overtly acted. One has to wonder about the politics underscoring his silence on city matters!

The local print media have become "go along guys" focusing  on "building" relationships with key leaders, downstate media personalities and the new crew operating out of the mansion on Eagle Street.  And, by all indications, NYS legal authorities, to include the State Police, are content to let "local, political, sleeping dogs lie".  Lest we not forget the "Sweeny scenario" of a few months ago? One has to assume it happens all the time, even for local politicos.

In the long term, the archilles heal in all of this, if there is one, is the diminshed vote totals the " corroded city machine" turns out for municipal elections.  Turnouts are down by more than 50% from 12-15 years ago. Eventually, an independent, Carl Toohey type candidate may step forward and make a run to take control and clean things up but that may be years down the road.

So, harp and carp as we may... IMO, life as we know it, here in Smallbany, ain't gonna get any better any time soon...that is, unless someone can entice the FBI to take a look at the police, like they did, not too long ago, in the city of Schenectady.  

Then again, what did that really accomplish, eh?

Hawkny, (none / 0) (#10)
by Jim Travers on Mon Mar 05, 2007 at 10:50:58 AM EST
Perhaps there is a very good reason for the DA's "...silence on city matters!"

It took two years to uncover the depth and breadth of the internet drug sting before seeing any arrests.

As most of DIA's readers know that corruption runs deep throughout Albany, entwining county and state politicos and their subordinates, I offer that it will be at least another year before we hear from Mr Soares.

When that day of atonement comes, I guarantee Jerry will not be standing alongside him.

I bet the local FBI chief and Jr. Cuomo will be, though.

Please be patient! I'd like him to be as thorough as he must be.

Hell, no one's ever got rid of all their cockroaches without being thorough.

When Soares drops his 'bomb' I'm sure some will try to skitter away. I want him to get as many as possible on his first try.


FBI (none / 0) (#11)
by kateb on Mon Mar 05, 2007 at 12:11:44 PM EST
"So, harp and carp as we may... IMO, life as we know it, here in Smallbany, ain't gonna get any better any time soon...that is, unless someone can entice the FBI to take a look at the police, like they did, not too long ago, in the city of Schenectady."

It's happening, that FBI look.

I guess I can take a bit of credit for "enticing" them, but I really think all credit belongs with the police, tho criminal thugs seem to be giving me credit.

It's a little freaky being in the middle of what should have been a screenplay.

But the FBI takes forever, and it was hard to tell where they were, tho I think it's well underway.

last word (I hope) (none / 0) (#12)
by kateb on Mon Mar 05, 2007 at 02:11:17 PM EST
on the FBI.

After the first conversation (which even the FBI had problems putting right into their system though the "people part" went well), this went down as a Civil Rights investigation.

At the close of the second conversation, day after being terrorized by these goons while on vacation, I suggested it should really be a Public Corruption investigation.

When the two law enforcement agencies very momentarily touched base (so they don't shoot each other), I heard it was in the Public Corruption unit.

I very strongly suggest three things:  report corruption to the DA and FBI (both)(skip OPS); install a home security system with cameras; do what you can to go back to your life when it's on the right desks. Criminal thugs make that problematic, but you've got to do it anyway.

[ Parent ]

Okay (none / 0) (#13)
by kateb on Tue Mar 06, 2007 at 05:52:01 AM EST
don't think I ever mentioned...

Mark and I went to the FBI with the public corruption because OPS failed (main reason), but also because it wasn't involved in the hissy fight between the DA and the Albany police.  (I bet a lot of people are doing that...)

I'm not trying to disrespect anybody, it just seemed a better idea at the time, and now, being caught up in that hissy fight anyway.

I do think the Albany police is full of quality people and a stupid amount of political edginess that ends up hurting people.

And the DA had this case on his desk, with Mark's false arrest, but did not self-start it for a public corruption case or refer us to another agency.  (Dropped the ball.)  FBI took it.

[ Parent ]

Albany Police Dept. Mismanagement - Part One | 13 comments (13 topical, 0 hidden)
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