Not With A Bang, But A Whimper

So now that Utica mayor David Roefaro has payed off soon-to-be-ex-Chief Pylman, and handily placed the amazingly unqualified Dan LaBella in the top spot, what happens with the fruit of the Pylman investigation?

As Utica police Chief C. Allen Pylman prepares to retire this week, the Common Council investigation launched in January 2007 remains unresolved.

That month, for the first time in more than 30 years, the Common Council voted unanimously to exercise its investigatory powers.

At issue: Whether Pylman violated police department rules.

After the investigation stalled for almost a year, a newly-elected council in February voted to turn the investigation over to Mayor David Roefaro.

Roefaro has hundreds of pages of transcripts. On Tuesday, he said he does not know if the case would still proceed.

He said Pylman’s retirement has “absolutely nothing to do with the investigation.”

“Actually, we never even talked about the investigation,” Roefaro said.

That's a stunning admission considering Mr. Roefaro has spent well over a year, and thousands of dollars of city funds, trying to prove Chief Pylman was guilty of a crime or crimes worthy of attention from the state Attorney General. After all that he hasn't even discussed the issue with the man he openly accused of wrongdoing?

That's quite a passive-aggressive management style, don't you think?

During the investigation, closed-door testimony focused on a case of time-card falsification that led to the conviction of then-Sgt. James Franco. Testimony also included a review of a 2002 incident in which an investigator shot an unarmed drug suspect with a pellet gun, according to documents obtained last year by the O-D.

It's the details of those two incidents, and the involvement of Congressman Michael Arcuri, that I think had a lot to do with the eventual meltdown of the investigation and, perhaps, with the current buyout situation. You can read the transcript of Mr. Arcuri's testimony to the Common Council for yourself over here (PDF file).

The most interesting part, at least to me, is the contrast between the handling of the Franco forgery investigation and the later assault investigation, also involving a member of the Franco clan. In the first case Mr. Arcuri goes to great pains to justify a full criminal prosecution of Sgt. Franco despite Chief Pylman's assertion no crime has been committed:

Arcuri: Over time I continued to hear a great deal about this. I continued to hear it publicly, privately. I heard about it from police officers, I heard it from public officials. And it got to the point where I was concerned that perhaps there was something that needed to be looked into, which is without a double the role of the district attorney. We are not a police agency. We’re an investigatory agency. And our role is to basically work with police but not work for police or vice versa.

I contacted the chief and said that, “Chief, you know, we’re at the point now where I’m hearing too much about this, and, you know, people are complaining about it, and it’s probably a good time for me to look into it. We’ll look into it and if it’s as you say, there’ll be no problem. We took a look at it and it will confirm what you said, but at least we’ll have another pair of eyes looking at it.”

In the second case, Mr. Arcuri uncovers clear evidence that a crime was committed, but steadfastly refuses to prosecute the officer involved. It's a curious choice, since one would think a violent assault on a handcuffed suspect involves quite a bit more abuse of power than some forged paperwork. Even more questionable is Mr. Arcuri's refusal to prosecute after the suspect's accusation of torture revealed that documents involving the case had, in fact, been falsified.

So James Franco's falsification of records is worthy of prosecution, but Anthony Franco's assault on a suspect, and subsequent falsification of records to cover up the attack, isn't.

Odd? You bet. And I'm not the only one to think so, as Councilman Phillip's questioning the night Arcuri offered testimony attests:

COUNCILMEMBER PHILLIPS: The thing that I have, just like — and I — I have to say because Marshall Owens was an African-American was a — I have to state for the record because that’s how it comes back to me when they referred to, and, you know, what we went through with the Washington case and a few other things, it comes back to me as — from police officers on the scene that Anthony Franco shoot this kid with the pellet gun, okay. I think the number of times was six, okay.

I guess my — my question is, do you have the documents that were submitted to you in this case so that I can compare them to the documents that we have before us? Because as 30 years in this business, I can’t make sense out of why wasn’t an assault charge filed? I can understand the part of being pissed off with a gun pointed at you. And if we were in a battle, and it went off, chances are, I guess, I would — I would have accepted murdering this kid more than what I’m getting on this case. Because if you got a gun, I’m within my right to blow you away. I guess what I can’t understand, okay, that it’s not acceptable to me that you’re so mad that after you get the gun from him, you shoot him six times. That’s to me go beyond being — being something that I can turn my back to. To me that would have been — If we were charged with that as correction officers,somebody would have been charged with a crime, and the crime would have probably been assault. So I don’t know if you have records, what was submitted to you.

MR. ARCURI: Again, I think records are probably there. I don’t know. In — my recollection was that — I’m reasonably certain was that I saw was he shot once. And, you know, I may have — frankly, I may have made the wrong decision. I don’t know. But in looking at it at the time, weighing the circumstances, people I talk to and judging from the penalty that he was going to receive, that was — you know, try to put myself in both the place of both people in it.

Maybe I made the wrong decision, I don’t know. But I felt at the time and I continue to feel that the — what happened in that case was appropriate. I mean, I may have been wrong. It was a judgment call. But I felt that was the appropriate situation. And again, I — I could’ve been wrong.

Could've been wrong?

Mr. Arcuri's investigation produced clear evidence that the suspect in question was assaulted while kneeling and handcuffed. He was shot six times. When his accusations resulted in an investigation it was revealed that documents were falsified to cover up the assault. Despite all this no charges were ever filed.

Could've been wrong? Ya' think?

So what happens now? It's obviously pointless for the Pylman investigation, such as it is, to continue. Unfortunately, I have the feeling the extensive records of the investigation won't be released because they contain too much embarrassing material regarding both Mr. Roefaro and his good friend Congressman Arcuri. After all, it's clear there were active coverups of the three incidents the Common Council investigation focused on- the fraudulent police union election, the Franco forgeries, and the Franco assault.

Why would anyone shy away from another coverup?

Pylman's Pricetag: Hefty

Utica Police Chief C. Allen Pylman has 250,000 reasons to love the city of Utica.

"In a mutual agreement between the city of Utica and Utica Police Chief C. Allen Pylman, after 37 years of service to our community he wishes to retire," Roefaro said.

Pylman became police chief in 2001 after serving with state police for a number of years. Pylman had a contract with the city and he will receive more than $249,000 in a payout. After taxes that figure will be about $180,000.

WKTV has a few more details:

Mayor David Roefaro has appointed current Public Safety Commissioner, Daniel LaBella, as acting Police Chief until further notice. Roefaro says LaBella will act in dual capacity as Public Safety Commissioner and Police Chief for the time being.

Roefaro also addressed the rumor, stating that it is true, that he is petitioning the state of New York to make the Police Chief position a non-civil service position. This means that a civil service examination would not have to be taken or passed in order for someone to take the Chief position on a regular basis.

So Pylman gets a $250,000 payout and the city of Utica now has a police chief that, allegedly, couldn't even pass the exam for Sergeant. Oh, and Mayor Roefaro is doing everything in his power to remove even the basic civil service qualifications required for the post, presumably so someone unable to meet them can take over the position permanently.

It would appear the Roefaro "Friends and Family" employment plan is setting it's sights pretty high.

Update: That was fast. An anonymous emailer claims that all the paperwork surrounding the Pylman "investigation" has already vanished. That sounds a little iffy to me, since I think multiple copies have already been made, but I wouldn't be surprised if they were fenced off for "privacy" reasons.

Update: Here's the alleged narrative- "It's all Julian's fault!" It's already been arranged that the other high-scorers on the Chief's test will be leaving the department with hefty payouts of their own. That's going to be a major chunk of change, so Mayor Roefaro, purely for reasons of fiscal responsibility, will have LaBella take over "until the financial crisis is resolved".

Update: From the November 8, 2007 Observer-Dispatch:

Mayor-elect David Roefaro won't consider buying Utica police Chief C. Allen Pylman out of his 18-year contract, he said Wednesday.

Whoops!

Update: A kind emailer points out that Dan LaBella isn't actually the interim police Chief. During an interview on WKTV Mr. LaBella stated, in his inimitable speaking style, that he'll be the "intrum chiff for dose guys".

Pylman's Pricetag: Part Deux

Here's what I've heard in the last 24 hours. Take it for what it's worth.

1. Pylman's departure is being very carefully choreographed by the powers that be.

2. Ka-ching! Pylman is getting a big ol' wad of cash.

3. The Common Council investigation into Pylman will be officially closed and all the transcripts and paperwork will, indeed, be dropped into the memory hole. One person I talked to said getting rid of that "report" is more important than getting rid of Pylman, hence the payout.

4. They really are suprised that Pylman's departure is generating a stink in some quarters and think it's part of an "anti-cop" agenda.

5. Here's some real crazy talk- Pylman had some kind of involvement with the state "Troopergate" affair that Attorney General Cuomo is currently investigating.

Update:

6. There might be an announcement tomorrow (Tuesday), but the real action is going to go down on Thursday. That's when Pylman will hold, or be part of, a press conference to offer up the spin that he was waiting to leave until the Lindsey murder trial and sentencing was completed. He'll be offering up a huge speech at the sentencing, followed by the press conference.

7. The big "award" last week was just prep work for this week's shenanigans.

8. Pylman's settlement is big. Really big.

Pylman's Pricetag

It looks as though Utica Police Chief C. Allen Pylman will be stepping down, but the details of how much it's going to cost the city are a bit hazy beyond "lots".

Keep in mind that a year ago Councilman David Roefaro stated that the Common Council's investigation into Chief Pylman had uncovered evidence, presumably of criminal activity, that needed to be sent to the State Attorney General. Now Mayor Roefaro is cutting him a check and sending him on his way.

Curious, that.

Update: WKTV says it's a done deal, but they don't have a pricetage either.

Update: The Observer-Dispatch put a story up just before midnight:

Mayor David Roefaro plans to make an announcement this week regarding the city’s police chief.

The mayor said he’s received media inquiries about Utica police Chief C. Allen Pylman’s tenure with the department. Roefaro wouldn’t elaborate on the nature of the announcement.

“It is regarding that matter, and it’s really all I can say right now,” he said Sunday. When he returns Tuesday to City Hall, Roefaro said he has to consult with the Corporation Counsel. He will make an announcement Tuesday or Thursday, he said.

If the city is going to pay off Pylman to keep quiet...er...I mean compensate him for the remainder of his contract, there's a good chance they'll be dropping all the documents and testimony collected by the council into the memory hole. Which means a Utica police officer was able to assault a handcuffed suspect, falsify his report about the assault, and get away with it.

Unbelievable.

Still Life, With Meltdown

The dancers have left the floor, the wait staff are clearing the plates from the tables, but the band plays on.

Common Council President Patrick Donovan on Friday called for the council to end its investigation of police Chief C. Allen Pylman, but an O-D poll of council members showed division over whether to shut down the inquiry.

Donovan, a Republican who's also chairman of the Public Safety Committee, said Pylman was an effective leader and the council needed to move on.

But three council members — two Democrats and one Republican — said it's inappropriate and poor timing for Donovan to be discussing the issue eight days after a Utica police officer was shot and killed.

Here's the reaction from council members reached Friday afternoon:

•Majority Leader Bill Phillips, D-5, Councilman Rocco Giruzzi, R-at-large, and Councilman James Zecca, D-2, said it's not the time to argue about the council investigation. City leaders need to focus on one goal: apprehending police Officer Thomas Lindsey's killer, they said.

Unless Mr. Phillips, Mr. Giruzzi, and Mr. Zecca are personally gathering evidence and working the phones it's hard to imagine what, exactly, they're doing to find Officer Lindsey's killer. Over a hundred officers from multiple law enforcement agencies have been doing the actual work of trying to capture a murderer. The Utica Common Council hasn't, and can't, do much more than offer their well-wishes to the investigation.

•But Councilman David Roefaro, D-at-large, and Councilman Frank Meola, D-4, want to complete what the council started. Transcripts of witness testimony need to be filed and forwarded to Mayor Tim Julian and possibly the Attorney General's Office, they said.

It's been two months since the last witness offered testimony before the council. Are they seriously suggesting there hasn't been enough time for the simple transcription of oral testimony? If that's the case, the Common Council needs to look into getting some new office staff.

"I think it is a political move and in light of what has happened to our community this week, I think his timing is deplorable," Roefaro said. "It is his opinion that the chief exhibits good leadership because there are many things in this investigation that will come to light. This will go to the Attorney General's Office."

Well, there you have it. Mr. Roefaro believes he's uncovered criminal actions that warrant action by the Attorney General. Charges so serious, so devastating, that the chief law enforcement officer of the state needs to be brought on board...but Mr. Roefaro can't really say what those charges are. Considering the dire nature of the situation isn't it vital that the transcripts be completed as soon as possible? From the inexplicable foot dragging of the council it would appear the real answer is somewhat in doubt.

Update: A kind bystander pointed out that criminal charges should have been filed for Officer Franco's assault on a suspect. While I'm not totally sure that's true, it's undeniable that the entire incident was covered up by Chief Pylman and then District Attorney Michael Arcuri. Oddly enough, while Mr. Roefaro has been questioning witnesses and gathering evidence during the investigation into the Franco incident he's also been serving as a member of now Congressman Arcuri's staff.

America's Most Wanted Is On The Case

Which is good, because otherwise we wouldn't have a clue about what's going on with the Lindsey investigation. The Rome Sentinel reports:

"America’s Most Wanted" has joined the hunt for the black male in the white hoodie sought for questioning by Utica police, and the syndicated national television program’s web site is carrying new details about the murder of Utica Police Officer Thomas M. Lindsey. According to a case profile posted today at www.amw.com, the black male "walked down the street and ambushed" Officer Lindsey during the traffic stop in the 1100 block of Neilson Street Thursday night. This is based on a statement from the male driver, who told police "he was scared for his life, and for the life of a young child in the car, so he pulled away," according to the AMW web site.

So it looks like my paranoid buddy's theory about an execution style murder might be correct after all. Which raises the extremely troubling question of why someone targeted Officer Lindsey in particular. His involvement in a drug raid as a member of the tac squad? A case he worked on in the past? Something outside of his professional work?

District Attorney Scott D. McNamara declined to comment on the contents of the web site. Capt. Mark W. Williams, the UPD’s media liaison, expressed surprise when told about the posting and said this morning "I don’t think that’s accurate." Williams said he spoke with Chief Pylman on the matter, but cannot personally comment on the veracity of AMW’s report.

If it's not correct it's the kind of information release that calls for a corrective press conference. Because, you know, idiots on the internet could interpret it the wrong way and think something sinister was going on.

John Leiberman, the case agent for America’s Most Wanted, said today that he has been in contact with officials on every level of the investigation. "We’ve been in constant touch with them about the case," Leiberman said, adding that more new information will be released on the web site today. "Our hope is that the driver of the car will be forthcoming with police...they believe he was not completely forthcoming" after questioning.

Read the rest of the article. It puts a new, and rather troubling, spin on the events the night of the shooting.

Officer Down

The shooting death of Utica police officer Thomas Lindsey is a tragedy. My heart goes out to his family and I sincerely hope his killer is brought to justice quickly.

That said, I can't be the only one that feels like there's more to this shooting than has been made public. Doesn't it seem odd that all the occupants of the car stopped by Officer Lindsey have been questioned and released? One of my more paranoid friends, the same one that came up with the serial killer theory I mentioned last week, floated the idea last night that the shooter might not have been in the car. He also suggested that the police are being intentionally vague about where Officer Lindsey was shot because his attacker did it from behind, execution style.

That would elevate his shooting from a tragic incident to something far more sinister.

I know this is pure morbid speculation, but it does seem like there are some important details missing from the current narrative.

Update: Just to correct myself, the driver of the car is still being questioned according to Saturday's press conference.

The Case Of The Imploding Investigation

It's looking more and more like the Utica Common Council's investigation of C. Allen Pylman won't end with a bang, but with a whimper.

The Common Council could end its investigation of police Chief C. Allen Pylman by putting Public Safety Commissioner Philip Taurisano in charge of the Utica Police Department, Majority Leader Bill Phillips said.

Phillips Wednesday presented legislation that outlined what Taurisano's responsibilities would be, but it was moved to committee. The Public Safety Committee will meet Monday, April 16 to discuss that and other issues.

If the legislation passes, Taurisano would be in command of the police department, investigate complaints and oversee disciplinary matters.

How..anticlimactic. After all the drama and posturing by both the Council and the Mayor it looks like nothing much will change after all. What a shock! All we need now is Snidely Whiplash scurrying offstage while twirling his mustache and crying "Curses! Foiled again."

The full council, made up of both Republicans and Democrats, voted Jan. 31 to form the committee. It is looking into allegations that Pylman violated the Utica Police Department's General Order, a set of guidelines and rules by which officers must abide.

But the Investigatory Committee has made little progress since its last hearing on Feb. 22. That night, Anthony Garramone, who was the council's attorney, resigned. The council has unsuccessfully looked for a new attorney since then, Phillips said.

At least $8,000 has been spent on the investigation and the council is reluctant to spend any more to hire an attorney, which could cost about $100,000, Phillips said.

Without a legal adviser, the council can't move forward with the investigation, he said. It is unclear whether a report will be issued, Phillips said.

No report? Surely you jest! After three months of theatrics I expect the citizens of Utica will demand a report, if only to answer the slew of questions the Council's cryptic comments have spawned. What, exactly, were they investigating? What specific rules of the General Order were alleged to have been violated? When did the Council become aware of these violations? Who came up with the idea to offer witnesses immunity from prosecution in return for their testimony? How and why was that decision made? All of those questions, and many more, deserve to be answered.

Above and beyond those answers the Council needs to release the full transcripts of every witness, particularly those that testified about Anthony Franco's assault on a suspect and the resulting decision not to prosecute him. There was clearly a cover-up of the incident and all the details of how it happened, and who was involved, need to be brought out into the open.