The DA


By mark4, Section Diaries
Posted on Sun Mar 30, 2008 at 06:32:49 AM EST

I used to be a fan of the Albany County DA, but some of his actions are troubling.  I thought today's Michael Goodwin column was telling.

Albany DA David Soares has dirt on his hands long after Eliot Spitzer affair

Sunday, March 30th 2008, 4:00 AM
David Soares  
David Soares

Those of you keeping score of the boobs in Albany can add David Soares to the list. The Albany County district attorney's report on "Troopergate" is more than a belated blast at the disgraced Eliot Spitzer and his crooked crew. It's also a self-indictment of Soares himself.

Of course, Soares doesn't dare admit that he went in the tank to protect Spitzer in the dirty tricks plot. If he did, the grand jury he should have used to settle this case months ago might come after the DA himself. The charge would be covering up the cover up.

That's what Soares did. He even gives us the evidence.

How guilty is he? Soares released his report concluding that Spitzer lied to investigators last summer late on Friday. As government watchers know, Fridays are reserved for the release of embarrassing news in hopes it will be ignored. The later on Friday it is released, the more embarrassing it is. The copy of the report e-mailed to me was sent after 5 p.m.

Make no mistake: It is Soares who is embarrassed by the report. Spitzer has no reputation to protect. In saying that Spitzer lied to Soares's investigators when he said he had nothing to do with the use of state police to smear a Republican rival, Soares is doing a 180-degree turn from his first report last September. Then he sounded like a defense lawyer in concluding that nobody in Spitzer's office did anything wrong.

In insisting on Spitzer's personal innocence, Soares even substituted his own voice for Spitzer's. He felt no need to say Spitzer claimed to have nothing to do with the plot. Soares stated it as fact, writing then "although Governor Spitzer urged his staff to be responsive to media requests, he did not direct the release of any documents at any time to the media concerning Senator Bruno's use of state transportation."

Contrast that with Friday's report. After citing e-mails to and from Spitzer and testimony from former communications director Darren Dopp, who said Spitzer had lied repeatedly to hide his active role, Soares wrote: "If Dopp's testimony is credited, then former Governor Spitzer's answers were not truthful."

No surprise there - you read that fact in this space many times.

That Soares couldn't find that truth while Spitzer was still in office is profoundly troubling. It can't be laid off to inexperience or lack of staff. Soares chose not to see the truth staring him in the face. He just couldn't handle it.

He never put Spitzer or anyone else under oath for his first probe, instead relying on informal interviews. His report supporting them tacitly rebutted an earlier finding by Attorney General Andrew Cuomo that called the plot improper.

Soares owes Cuomo an apology. The attorney general had the courage to reveal "Troopergate" when Spitzer was still popular and powerful.

Oh, yes, Soares says now he would have presented Spitzer's contradictory statements to a grand jury, had the governor not resigned over his hooker habit. How convenient for the cowardly DA.

Still, the sordid saga is not over. Some members of Spitzer's crooked team remain on the payroll and Gov. Paterson now has all the ammunition he needs to clean house. One target should be lawyer Dietrich Snell, still being paid $400 an hour by taxpayers to shield Spitzer's documents and e-mails from the state Senate.

It's way past time for the public to get the truth, the whole truth and nothing but the truth.

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The DA | 38 comments (38 topical, 0 hidden)
Grand Jury (none / 0) (#1)
by alfrednewman on Sun Mar 30, 2008 at 07:27:19 AM EST
Soares had been strongly implying that there was a grand jury actively investigating this when there wasn't.

This isn't what makes me hope that someone else enters the race. It is the fact that Lil Du Wilson got away with murder because the District Attorney's office blew the prosecution.

Mr Wilson is now back on the street.  His criminal carear includes shooting at people with an illegal fire arm, although you wont see a conviction for that in his DOCs report.  

"What? Me worry? " "whatmeworry.alfred@gmail.com"

I think how it works (none / 0) (#2)
by integritypd on Sun Mar 30, 2008 at 10:07:13 AM EST
is that the DAs office goes to court with the case they've been handed by the police. Been some criticism of telling only half the stories around this place so lets be sure and point out Lil Du was prosecuted on a case from ...... APD. A little disingenuous to critique half the people responsible. And as one flew has pointed out over and over the truth is determined in a court of law with "facts." Therefore Im pretty sure Lil Du was innocent.
integritypd
Integrity (none / 0) (#3)
by alfrednewman on Sun Mar 30, 2008 at 01:41:06 PM EST
Correct me if I am incorrect here but the trail strategy is at the discretion of the DA's office. They are the presecutors, not the police.

The Times Union reported that the ADA started the case off by saying that they, the DA's office, were going to show that the murder was in the context of gang violence and then didn't.

It is also apparent that the DA's office didn't know that their witness,the former Mr Campbell, was going to testify that he "don't knew nothin about nothin."  

Regardless, the DA's office didn't get a conviction on gun charges from an earlier shooting and out of the three different fellony arrests that occured before Wilson murdered Williams there was only one conviction.
"What? Me worry? " "whatmeworry.alfred@gmail.com"
[ Parent ]

There were witnesses - crappy witnesses (none / 0) (#8)
by champlain on Sun Mar 30, 2008 at 07:48:22 PM EST
ADA Kathleen Boland had witnesses in the Dushawn Williams trial, but one key prosecution witness got on the stand (Melvin Campbell) and then said "I don't know nuthin' about nuthin'"
http://www.timesunion.com/AspStories/story.asp?storyID=670917

Obviously Melvin Campbell was intimidated by someone or some group.

Kinda hard to get a conviction when one of your key witnesses decides to clam up.

Even Soares said "Justice was denied today to the Banks family."

[ Parent ]

Clyne's comment (none / 0) (#4)
by Breakupthemachine on Sun Mar 30, 2008 at 05:27:11 PM EST
Clyne was quick on Vandeburg to point out that the ADA blew the case.  What he wasn't quick to mention was the murder case he blew in Schenectady as a special prosecutor.  I believe it was the first murder case lost in Schenectady County in over a decade.
~~~~In Vino Vertas~~~~
[ Parent ]
Integritypd (none / 0) (#6)
by one flew east on Sun Mar 30, 2008 at 06:35:05 PM EST
I never said that "the truth is determined in a court with "facts".  What I did say is that the facts are determined in a court of law.  The truth, hell that's up to the jury.  

And no one is ever found innocent, they are either guilty or not guilty.  

[ Parent ]

Truth is relative (none / 0) (#7)
by AlfredMoisiu on Sun Mar 30, 2008 at 07:40:35 PM EST
The legal truth is different than truth on the ground.

[ Parent ]
Al I'm sure they made (none / 0) (#5)
by integritypd on Sun Mar 30, 2008 at 05:57:33 PM EST
mistakes. The outcome shows that. Not sure who was responsible for a line of gang members filling a row when Campbell got to the stand ...... free country, open courts and all. But think back to the Daniel Potter murder during the prior DAs time. they had witness and the vics blood all over the place. That guy walked free for a broad day light murder. Unsolved murders in Albany date back years and most times the cops cant find a witness willing to give the truth. Bad cases are sort of a package deal friend.

integritypd
Integrity (none / 0) (#9)
by alfrednewman on Sun Mar 30, 2008 at 08:01:28 PM EST
I remember well Athony Taylor's (Daniel Potter killer) case. The acquittal scared the hell out of me because it really emboldened the trash after the verdict.  I wonder how many people walked away from their rental properties in the less gentile areas of our city because of that trial.  

While I am not going to into deals, the murder factored into a business decision that my wife and I made with regards to a project we were working on.  The wife was terrified that she would find me in a pool of blood some day.

Jan Potter, Rev Potter's wife, was the head of CDARPO at the time.  How do you encourage people to try to clean up their properties when a murder gets away with it after saying that he was high on crack and used the excuse that the Rev Potter called him a name?

Sure, bad juries. Bad prosecution.  My concern with the Wilson trial is that the Times Union reported that he was on the streets even though he had been arrested for felonies three different times prior to killing Williams. His last arrest had apparently occurred eight months before when he robbed two people and then turned around and shot at them. His DOCs report only has a conviction for attempted robbery. Nothing dealing with shooting at the people.

Had the prosecution for the robbery been more timely Williams would not have been killed by Wilson.  

Eight months on the street.

It has to be asked how many of the gang members in court that day were also awaiting trial.  Just like the murder that occurred last year at the party where some 16 year old was assassinated. Why should we expect witnesses to cooperate when the violent element of our society are arrested for violence and then set free to terrorize, intimidate or execute witnesses who may have been willing to cooperate with the prosecution.

Operation Speeding Bullet seems to be just a publicity stunt that sounds good in towns like Delmar.  Some of the street cops I know personally have told me that they often are arresting the same people, even if they find an illegal gun during an arrest.    
"What? Me worry? " "whatmeworry.alfred@gmail.com"
[ Parent ]

Champ (none / 0) (#10)
by alfrednewman on Sun Mar 30, 2008 at 09:08:08 PM EST
I understand from talking to people that the ADA blew it because she didn't follow the strategy that she had laid out at the start.  An attorney friend of mine said that juries really become suspicious when the prosecution starts out with one strategy and then doesnt follow through.  

While we will probably never know it would be interesting to see if the ADA followed the police recomendations for prosecution. It really sounds like she winged it.

Also, I am told by people who follow these things that she normally doesn't do homicides. I wonder why she was lead on this one.

Also, Champ, old friend, my email is whatmeworry.alfred@gmail.com
"What? Me worry? " "whatmeworry.alfred@gmail.com"

Strategery (none / 0) (#13)
by champlain on Mon Mar 31, 2008 at 05:08:22 AM EST
Kinda hard to stick to your strategy when one of your key witnesses gets on the stand and says: "I don't know nuthin' about nuthin'."

Newman, you know it takes a combination of solid police work AND prosecutorial work to get consistant convictions. I know you are desparate to take shots at Soares with you rumor and innuendo but don't you think the APD's got a few more problems than the DA's office at the moment?:

APD Machine Gun Scandal;

APD officer William Bonanni $265,000 civil judgment that the City has to pay for Bonanni beating on suspects in custody;

Cops showing up DRUNK to work their shifts (again Bonanni).

APD internal affairs not following City law and not forwarding citizen complaints to Citizens' Police Review Board.

Police Chief being called to the scene of Mayor's mysterious 'one car accident' at 10:30 at night and no evidence collected - Mayor spokesman says 'no comment'.

Outacontrol APOU Pres. Chris Mesley callin' the Mayor a commie on the radio.

Lisa Shutter illegal search and violation on Dec. 22 and the cover-up by APD internal affairs

City attorneys refusing FOIL requests with court papers making statements which contradict the Police Chief about the Machine Gun scandal.

The inability or refusal of APD management to do progressive discipline or termination for cause on cops who are breaking the law.

And Newman - I think you've got short term memory disease.  you know my email is champlain.dia@gmail.com

You may want to lay off the stout for a day.

[ Parent ]

If it were only a joke. (none / 0) (#11)
by Tre on Sun Mar 30, 2008 at 09:49:06 PM EST
Anyone hear the on about the lieutenant who broke his hand on a handcuffed prisoner?

Maybe you have, maybe you haven't, we'll wait and see.

Tre (none / 0) (#12)
by alfrednewman on Sun Mar 30, 2008 at 09:54:10 PM EST
any more information?
"What? Me worry? " "whatmeworry.alfred@gmail.com"
champ (none / 0) (#14)
by alfrednewman on Mon Mar 31, 2008 at 08:35:23 AM EST
Thanks for the email. I will pop you one later today after I am done with paperwork. Sorry I forgot your email.  I know you should be important enough in my life that I would commit your email to memory but for some reason, well,....

Havent had Yummy Stout since Marti Gras. Too yummy and it was making me stout. Someday they will come up with a beer that looks like a stout, tastes like a stout but is actually a "light" beer. Dow Chemical is probably working on it right now. Yum!

Champion: As I said before I recognize that I do not have the temperament to be a cop. I am more of a direct action and less of the "let the system take its course" type. I think it would be extremely frustrating. That is one reason why I never considered being a cop.

Not to make an excuse for bad behavior, but I have to wonder if part of the root cause of the disciplinary problem within the police force is frustration. I would imagine that arresting the same scum over and over and over and not seeing any consequences for violent and destructive behavior would be difficult to deal with on a day to day basis.

I wonder if there has been any studies that show a relationship between successful prosecution rates and lower than average disciplinary problems in a municipality.  

Having said all that, I think it is important to have a system in place to easily and quickly remove police officers who are not suited for their assignments.  And armed and angry man is not what I want responding to a domestic dispute or beating the hell out of a suspect. Again, I couldn't do the job.  

As far as Dave the Wonder Dog goes, there isn't any need to create rumors and innuendos.  The proof is in the numbers.  From the Armasted (sic) who stabbed someone multiple times over a baseball cap and got away with it, the expensive and expansive failure that was the Hotailing case and blown murder cases.  No need to rely of rumors. Just the Times Union, another one of his champions (lol).

I also do not agree with his priorities. Steroids and press coverage.

Soares' prosecution of Floridians didn't do anything to get criminals off the streets of Albany. If anything it made the streets more dangerous by diverting the resources of his office away from the timely prosecution of criminals like Wilson. While typing this I checked my email. I just received another Canadian Pharmacy email offering to sell me regulated drugs illegally through the mail. Canada is a hell of a lot closer to us then Florida is. Maybe Hollywood can do a remake of Canadian Bacon. Instead of having a bumbling Sherriff it could be rewritten to star Dave the Wonder Dog.

 And Champ, To point out the obvious, you use "rumor and innuendo" every time you bring up the Mayor's car accident. No proof what so ever that he was drunk although you continually imply it.
"What? Me worry? " "whatmeworry.alfred@gmail.com"

And Champ (none / 0) (#15)
by alfrednewman on Mon Mar 31, 2008 at 09:49:59 AM EST
You were right. I did have your contact in my gmail account. Sorry, usually use yahoo.
"What? Me worry? " "whatmeworry.alfred@gmail.com"
Alfred (none / 0) (#16)
by integritypd on Mon Mar 31, 2008 at 05:51:59 PM EST
while we're in mode of criticizing out of towner investigations lets not forget the sheriffs department recent raid of bookmakers with a  Syracuse connection. Last time I checked no bookies were shooting it out on the streets of Albany because of football bets .... and if you check records you'll find most of those guys end up with no jail time. But the cost is high for these cases, very high. While we're at it lets not forget all those mules they keep bustin at the bus station (I hate to tell you this) are mostly just passing through town on their way to sell drugs elsewhere upstate. Not an Albany problem but we get cost with the price of putting them in jail.
integritypd
Key Witness (none / 0) (#17)
by one flew east on Tue Apr 01, 2008 at 04:21:08 AM EST
"Obviously Melvin Campbel was intimidated by some one or some group".  Not quite, he was a friend of Wilson's who changed his story.  He testified differently at a earlier hearing.  

Hey Integritypd, (none / 0) (#18)
by one flew east on Tue Apr 01, 2008 at 04:53:20 AM EST
I guess you don't have a problem with someone who comes up from NYC to commit a murder in Albany and then leaves right after.  According to your way of thinking, that wouldn't be an Albany problem either.  Possession of drugs is a crime no matter where you are or what your intent is.  

Thats a great (none / 0) (#19)
by integritypd on Tue Apr 01, 2008 at 05:01:06 AM EST
point and I think you should discuss further with Rich Gould and the other steroids customers .... What are your thoughts?
integritypd
My thoughts are (none / 0) (#20)
by one flew east on Tue Apr 01, 2008 at 07:35:34 AM EST
if you break the law you should be prosecuted, but using steroids in New York State isn't illegal.  But you think that everyone should go free, if they leave before they get arrested.  Damn, talk about being a liberal.

You failed to grasp (none / 0) (#21)
by integritypd on Tue Apr 01, 2008 at 02:51:39 PM EST
we actually agreed on something and I was bringing up those other examples to make a sarcastic point about Alfreds hypocrisy. And steroids are illegal pal. Theyre a controlled substance on the DEA list, just below heroin, cocaine. Taking them without a legit prescription/falsified medical need puts recipient squarely in violation of possession 5th. Take the last word if you like cause i'm done on this topic. It started in another universe
integritypd
Integ.... (none / 0) (#22)
by alfrednewman on Tue Apr 01, 2008 at 04:54:48 PM EST
The following is the mission statement for the District Attorney's office:

MISSION The mission of the District Attorney's Office is to prosecute all crimes committed within Albany County to help ensure public safety.

The following is the crime data as provided by the Albany Police for just Albany.

Murder...........3
Forcible Rape....46  
Robbery..........376
Aggr Assault.....700
Burglary.........964
Larceny..........2995
MV Theft.........287
Totals...........5371

With 5,371 reported crimes isn't it reasonable to expect that prosecuting local and violent crime would be the top priority of our District Attorney?

Again, its a question of priority. Where are the limited budget and man power resources best used?  

The 2007 budget had line items for 5 criminal Investigators.  How many of these were actually working on Albany Cases vs how many of them were given over to AG Coumo and were involved in prosecuting Floridians?

How many man hours were used to chase down Steroids?

Where in the mission statement does it say that the DA shall prosecute crime that occures outside of Albany County.  Where in the Mission Statement does it say that the DA shall prosecute crim eoutside of New York State?
"What? Me worry? " "whatmeworry.alfred@gmail.com"
[ Parent ]

Im more concerned (none / 0) (#23)
by integritypd on Tue Apr 01, 2008 at 06:00:09 PM EST
about the "man hours" wasted chasing lying politicians. Now that's a shame, not a crime. At the same time there isnt a lotta outcry for busting people using designer prescription drugs as consenting adults but da law is da law. And don't take this the wrong way cause I appreciate your perspective but this little nugget sort of shoots a couple rounds right through your resource argument:
From TU sometime last week:
The pleas brought the amount of money seized or forfeited by 14 defendants convicted in the case to almost $1 million, making it the single largest forfeiture case on record in Albany County. Prosecutors said the money, some of which will be turned over to the state, will be used to fund anti-drug and anti-crime programs.
 
integritypd
But it doesnt. (none / 0) (#24)
by alfrednewman on Tue Apr 01, 2008 at 07:12:21 PM EST
Integrity:

Actually it seems to be Campbell's department that is taking credit for receiving the tip and doing much of the leg work.  Not the District Attorney.

So how does this shoot a whole in my resouces argument?

It doesn't.

Although, I suppose you can now make the case that the Sheriffs department is going to be wasting Soares limited resouces by forcing Soares into prosecute a criminal ring based here in Albany County when he would rather be in Florida.

I am a little confused by the "chasing lying politicians" comment Integrity: Are you saying that the District Attroney should not be going after government corruption?  

Seriously?  Using the resources of the government to wage a personal vendeta is certainly a form of corruption, is it not?  

I guess now I understand why you have the "PD" after integrity. Nice to know that you are at least honest about who you selectivly should have it.
"What? Me worry? " "whatmeworry.alfred@gmail.com"
[ Parent ]

One other thing (none / 0) (#25)
by alfrednewman on Tue Apr 01, 2008 at 07:22:03 PM EST
Newly elected DA Soares said that he was going to go after Drug King Pins.

I may have missed the stories but were the only "Drug King Pins" that the DA could get really 1,400 miles to the south?

Before you bring up the Jungle Junkies those were infact prosecuted in Federal Courts by the United States Attorney and not by our county DA.
"What? Me worry? " "whatmeworry.alfred@gmail.com"

what? (none / 0) (#26)
by integritypd on Tue Apr 01, 2008 at 07:49:43 PM EST
"Actually it seems to be Campbell's department that is taking credit for receiving the tip and doing much of the leg work.  Not the District Attorney."
Not clear what you're talking about here. I realize its late and you're intoxicated enough to report for duty, but what exactly was the context there?

integritypd
Nope (none / 0) (#27)
by alfrednewman on Tue Apr 01, 2008 at 08:44:45 PM EST
Sorry, I don't think I can drink that much anymore.   I just can't afford expensive cognac at the moment and if I was drunk at 7AM my dear wife would be very angry with me- and that isn't a good thing.  

I am multitasking (read procrastinating) this evening and switching between paperwork which I should be completing and blogging which is far more fun.    

The Times Union repeatedly quoted the sheriffs department and it is strongly suggested that they received the tip and did much of the leg work on this.

I do have one question, if you think that the Spitzer investigation was such a waste of time and resources what is your opinion of Soares prosecuting Hevesi?  All he did was have a driver do some running around for him and Soares prosecuted him for it.  Don't you think that using the resources of the state for political purposes and then lying and covering up is a more serious offense?
"What? Me worry? " "whatmeworry.alfred@gmail.com"
[ Parent ]

Intergrity you say (none / 0) (#28)
by one flew east on Tue Apr 01, 2008 at 11:06:22 PM EST
"Taking them without a legal prescription/falsified medical need puts recipient squarely in violation of possession 5th".

Sorry pd, your wrong again.  The first section of the law deals with possession with intent to sell and the other four deal with weight.  

Since you are so misinformed, I guess we are done talking about this topic.  And when it comes to the law, you are in another universe.  

As for Newman, at least he wants to prosecute people who break the law, you on the other hand, want to set everyone free.  

ONe at a time (none / 0) (#29)
by integritypd on Wed Apr 02, 2008 at 12:36:17 AM EST
Al: The sheriffs did much of the leg work on what case?
Hevesi shouldve been prosecuted. But take time and re-read Cuomo's report on the Spitzer debacle. No laws were broken BEFORE the investigations began. In other words telling the world Joe Bruno was abusing taxpayer resources wasnt a crime. Its called dissemination of public records.

And flewy: Here a quick crash course for you, the New York Public Health Law Section 3306 classifies anabolic steroids as Schedule II controlled substances. Possession of a controlled substance can be prosecuted as a misdemeanor criminal offense under Section 220.03 of the New York State Penal Law.
Other aspects of state law deal with injecting controlled substances, possession without a valid prescription, etc.
Now that's only state law. Federal law applies as you know everywhere, and the Anabolic Steroids Control Act of 1990 placed anabolic steroids into Schedule III of the Controlled Substances Act. Under the legislation, the possession or sale of anabolic steroids without a valid prescription is illegal. Simple possession of illicitly obtained anabolic steroids carries a maximum penalty of one year in prison and a minimum $1,000 fine if a first drug offense.
Are you really trying to imply that possession of steroids aint illegal? Then maybe you should be done on this topic.

integritypd

This is all nonsense.. (none / 0) (#30)
by hawkny on Wed Apr 02, 2008 at 03:40:46 AM EST
If Spitzey hadn't been caught paying on the sly to be entertained by out of town hookers, all of this gobbly-de-gook about reports, etc.,  would be meaningless...

David Soares, by the way, has become an "experienced" politician. His primary concern these days  is self survival..but as has been pointed out his efforts at political maneuvering are quite amateurish.  

Someone should advise Soares to stick to his inate sense of right and wrong, do the things his job description calls for, and let the electoral chips fall were they may. That is how he won the job in the first place.

Oh, BTW, Old Joe hasn't been hitting any strip joints for lunch lately, has he?  How about using state aircraft or planes rented by his friends to raise campaign funds out of state? Put together any newinvestment deals?  Is there any truth to the rumor he wants to build a 25,000 seat lacrosse field on the north side of HVCC?

PS:  allot means to allocate, a lot means many.

Integ (none / 0) (#31)
by alfrednewman on Wed Apr 02, 2008 at 06:51:11 AM EST
Richard M. Nixon did dothing wrong. Until he tried to cover up for others. Its usually the coverup that gets them.

No crime may have been committed but then again we will never really know what would have been discovered had a real investigation been initiated. A little reminder that Soares' recently report does not agree with the report he did following his "investigation" in the early fall.

Soares also didnt set up a grand jury.

And Integity, I am not the only one who has been raising questions- the down state newspapers has been screaming since Soares released his report.

And now Andres Coumo has announced that he is launching investigations of the State Police, the  state watch dog groups and our own DA's actions.  

Interesting that Coumo would launch a review of Soares, especially as they seemed to be working so well together.....
"What? Me worry? " "whatmeworry.alfred@gmail.com"

did flewy say steroids are legal in NY? (none / 0) (#32)
by DIA on Wed Apr 02, 2008 at 04:57:31 PM EST
he is the legal expert around here, right?

Sweet  I'm going to be the biggest blogger around.   Can i get them at CVS or should I contact that detective?

Inregritypd (none / 0) (#33)
by one flew east on Wed Apr 02, 2008 at 10:17:47 PM EST
The prior statement you made "taking them without a legal prescription/falsified medical need puts recipient squarely in violation of possession 5th" is legally incorrect.  What I think you mean is criminal possession of a controlled substance 7th, not 5th.

And in the context of the steroid story, the customers had valid prescriptions.  It's the doctors who broke the law.

And if that isn't the case, I guess the district attorney is playing favorites.  Is that what you're implying?

The sheriffs (none / 0) (#34)
by integritypd on Thu Apr 03, 2008 at 04:47:56 AM EST
have arrested people for felony possession with steroids, including at SUNY. Better let em know they overcharged. I also believe the people who pleaded have allocuted to providing bogus prescriptions with no valid medical need. We all know here that the people getting the stuff dont have dwarfism symptoms so you may want to step off that argument. And your making this about me supporting that case. Youre wrong about the prescription holders obtaining these drugs legally and you know it, but I could care less. The point I wsa making is that Alfred criticized the concept of busting out of area people yet thats exactly what numerous law enforcement units around here do. Cyber crime task forces, kiddie porn task forces, gambling, drug mules, pedophile stings. We're living in a box if law enforcement thinks its only responsible for what goes on inside its own borders. Next time your kid orders oxycontin for her classmates from a Nebraska pharmacy you be sure and remind yourself its all legal, cause that's the way you learned it at the Zone 5.
integritypd
Oh and just so (none / 0) (#35)
by integritypd on Thu Apr 03, 2008 at 05:09:28 AM EST
were up to date on all of our legal schooling you said: "using steroids in New York State isn't illegal." Thats as you say "legally incorrect." Your raising point of "selective prosecution' but I think you meant to call it "discretionary." I think thats the way you explained it on why officers can choose not to charge someone when making your earlier argument about traffic stops and such. You know its what the feds did when confronted with a few dozen officers buying guns through the back door of the DO.
integritypd
Integrity (none / 0) (#36)
by alfrednewman on Thu Apr 03, 2008 at 08:00:25 AM EST
The mission statement of the Albany District Attorney's office says that his office is supposed to prosecute crime that occured within Albany County.

Was any of the doctors who proscribed the illegal steroids doing so within Albany?  Were any drugs shipped from warehouses in Albany? I believe the answer is no.

Then it would appear that the District Attorney is operating outside of his mission statement.

Frankly, I am more concerned with violent street crime then someone ordering Oxi from Nebraska. No need to order it from Nebreaska, by the way, it is readily available on the streets of Albany.

Over 5,000 crimes reported on the streets of Albany.  That is what should be the priority. Not SOares trying to play the Sherrif of the Internet.
 
"What? Me worry? " "whatmeworry.alfred@gmail.com"
[ Parent ]

Inregritypd (none / 0) (#37)
by one flew east on Thu Apr 03, 2008 at 10:54:52 PM EST
So what you're saying is that police discretion and selective prosecution are the same.  

If that is your believe, then you shouldn't mind answering a few questions.

1.)Should the police use discretion?
2.)Should the district attorney's office prosecute selectively?  
3.)Is the district attorney's office and the United States attorney's office playing "selective prosecution" when it comes to the police?

Here we go - (none / 0) (#38)
by integritypd on Fri Apr 04, 2008 at 04:38:50 AM EST
  1. Yes, but not on felonies, violence, or DWI.
  2. Yes, but only if evidence problems are at the root of their discretion, not politics (ie public corruption cases) or favoritism.
  3. Yes, they do it all the time. And Joe Bruno getting a break as we write these posts.

integritypd
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