The City of Troy, New York, "Where Henry Hudson Turned Around."

Friday, October 23, 2015

OCTOBER SURPRISE - DAY THREE








Thought we'd start Friday with a little tune to brighten your day.

We don't want to flog a dead hedgehog (except in mixed company) but the press seems focused on how the Gordon 911 tape went public. A story to be sure. But notice how the press is ignoring the other story: Was Mayoral candidate Jim Gordon subject to mandatory arrest? Why aren't they covering that aspect of the case? A mayoral candidate is visited by members of a police force run by a financial supporter. Is that a story? Fuck it. Will find the answer for ourselves and for you, loyal readers (feel free to leave something in the tip jar).

The Family Protection and Domestic Violence Intervention Act of 1994 amended section 140.10 of the Criminal Procedure Law, to mandate arrest in certain domestic violence situations.

The law states:

Notwithstanding any other provisions of this section, a police officer shall arrest a person, and shall not attempt to reconcile the parties or mediate, where such officer has reasonable cause to believe that:

(a) a felony, other than subdivisions three, four, nine or ten of section 155.30 of the penal law, has been committed by such person against a member of the same family or household, as
defined in subdivision one of section 530.11 of this chapter; or...

(b) a duly served order of protection is in effect...

(c) a misdemeanor constituting a family offense, as described in subdivision one of section 530.11 of this chapter and section 812 of the Family Court Act, has been committed by such person against such family or household member, unless the victim requests otherwise. The officer shall not inquire as to whether the victim seeks an arrest of such person.

Nothing contained in this subdivision shall be deemed to restrict or impair the authority of any municipality, political subdivision or the division of state police from promulgating rules,
regulations and policies requiring the arrest of persons in additional  circumstances where domestic violence has allegedly occurred.

The misdemeanors outlined in Section 812 of the Family Court Act include:

"disorderly conduct, harassment in the first degree, harassment in the second degree, aggravated harassment in the second degree, stalking in the first degree, stalking in the second degree, stalking in the third degree, stalking in the fourth degree, criminal mischief, menacing in the second degree, menacing in the third degree, reckless endangerment, assault in the second degree, assault in the third degree or an attempted assault between spouses or former spouses ..."

Harassment in the Second Degree:

1. The defendant, struck, shoved, kicked or otherwise subjected to physical contact or attempted or threatened to do the same; followed in or about a public place or places; engaged in a course of conduct or repeatedly committed acts which alarmed or seriously annoyed and which
served no legitimate purpose; and

2. That the defendant did so with intent to harass, annoy or
alarm.

Therefore, if Gordon's acts, as referenced in the 911 call, could be harassment in the Second Degree, arrest is not mandatory. The victim may ask that an arrest not be made. The officers may not ask whether the victim wants the suspect arrested. While arrest is not mandatory, it is not prohibited. It is discretionary.

THE PRESS


Brendan Lyons over at the Times Union was the first person to unveil the 911 tape. The Record and Jim Franco, over at Talk  1300, pounced on the story. Franco, over at his blog, did some sleuthing and discovered that two Troy Police Officers, Sgt.'s Colaneri and Millington has access to the recording. He also notes that both investigate Domestic Violence matters. He notes that Millington has a family relationship with Deputy Mayor Pete Ryan. Finally, he notes that Millington signed a document that prohibits unauthorized disclosure of the 911 calls contents.

Franco is clearly implying that one or both officers were involved in releasing the tape. Or, he wants to manufacture that controversy.  He doesn't say it but we're all adults here and know what's going. Interestingly, Franco did not believe that initial story, a domestic disturbance call to a Republican politician's home, was worthy of mention at T-Spin. Odd, given the nature of some of his other posts and old Talespin stories. Rumors never seemed off limits, let alone actual news.

So, does Franco owe the officers an apology? He has, through implication, cast them as the wrongdoers. Is that what a journalist does? What we need a journalist to do is discuss the 911 system, how it works, where calls go, how they are preserved, who has access and what, if any laws, are implicated. That would help the citizens understand the process. Slinging mud, albeit by implication, seems unworthy of the journalism label.

QUESTIONS

As a supporter of Jim Gordon, what did Chief of Police Tedesco know and when did he know it?

How did police arrive at the determination that no arrest would be made and who was involved in that determination?

Who would have access to the 911 tape, both at the police station and the County?

How do we get a CD copy and will it have special features and a director's commentary?



58 comments:

Anonymous said...

Mark couldn't have done it. He's in Florida with my Johnny.

Carrie

Anonymous said...

Whoever you are Mr. Polloi, you are doing an excellent job unearthing a subject the media has ignored. If Gordon faced mandatory arrest as you reported, who issued the directive for special treatment ?
Let's have the city initiate an investigation or maybe the DA's office.
Oh sorry, Abelove the DA doesn't pursue criminal matters against Republiccans.

Woody Axehandle said...

Franco may have blind spots about such issues given his own disturbing history with the ladies, albeit without physical violence as far as we know. Kind of difficult to write about harassment when you know it might draw comparisons to yourself. But he fits in well with the Talk 1300 crowd. Speaking of which, it was disturbing to hear Melody Burns agreeing with a caller to the effect of "What the $#&*@ was Mrs. Gordon thinking by calling 911? Doesn't she realize her husband is running for mayor? How could she do that to him?" Last I knew, people calling 911 are usually frightened, concerned for their or someone else's immediate lives, and not coolly calculating about someone's political future.

Anonymous said...

Franco's a joke. Who has to leave the Record? Plus he actually gives McAsshat air time. Maybe next time he can ask him to find those tax warrants. Freedom isn't free kev

Anonymous said...

The Troy Polio is written by Franco. Where you been.

Anonymous said...

That why he had to leave the record because they found out

911 all over town said...

So Franco had to resign from the Record for violating an order of protection by his girlfriend, which imminently qualifies him to objectively report on Gordon's domestic violence case? Wonder if he liked the Facebook page "Troy City Councilman Jim Gordon should resign?"

Back to the budget said...

Enough of the Melissa and Jim reality show antics. Let's get back to the financial future of Troy. The debate format on TWC was not Madden's strength. Sounds bites and grinning play well on TV and that is Rodney's forte. This is the answer Gordon would have gotten to his questions about TRIP's finances if it wasn't a one minute format. http://blog.timesunion.com/troy/madden-refutes-troy-mayoral-opponent-claims-on-trip-finances/2223/
It's nice to see Madden taking these two clowns on, who as members of the City Council are partially responsible for getting us in this mess. Madden is the man I want steering our financial ship for the next four years. Running a small solar company does not involve complex budgeting, debt reduction or 5 year forecasting. Not showing up for budget votes two years in a row then crying bloody murder this year and being SHOCKED at the tax increase is completely indicative of the Mayor Rodney would be. The best predictor of future behavior is past behavior. I'm voting for Madden.

Tea Party lives said...

I find this topic unseemly. What people do in the privacy of their homes is just that private. This is just big government intrusion

Anonymous said...

8:51--I thought Melody Burns did a good job with the issue. She was the only one I've heard point out that making the call public could keep someone else from calling 911 for help. The two Troy Police Officers also did a good job as they followed up and reviewed the call back when it happened. The Police decided that no further action was nessary. Isn't that good enough, or is everyone else out to save Gordon?

Between the the arrest of Ernest, the dirty push poll, and the illeagle leaking of the the 911 call the Dems look pretty desperate!!!
Even the left leaning writer a the TU gets it.

You would think the Troy voters would also remember that the Troy Dems cost us 2 million dollars in trial cost in the past election and show Wade and this bunch the door.

Anonymous said...

Sorry 2:29, I find her to be a dolt and ill-informed on just about everything. She couldn't understand why you have to have a race neutral reason to exclude a juror. Thought it was lefty plot. She does make a point on this though, which is the reason for the County law. It is also why some do not like the mandatory arrest law. However, this tape was not disclosed via legal process so I doubt very much her point would matter to the jerks that released it.

Gordon's an ass and I'm glad people know what type of person he is but this was the wrong way.

Anonymous said...

Woody you should talk to a 911 dispatcher. Every idiot in Troy calls for everything.

Anonymous said...

Can someone please mention Bill Dunne. I have nothing to obsess about and Tweet.

Thanks,

Kevin M.

Anonymous said...

1:11 and 2:29. You must be new to this site. Rational thinking and commonsense aren't allowed here. This is where the Wade worshiping weirdos hang out and stroke one another. This is the same group that a few years back followed around a drug dealing three-time felon like he was Jim Jones with a bucket of Kool-Aid. Stop by for laughs but you can't stay here. It's like the old saying lay with dogs you get fleas that's why You can't stay here

Anonymous said...

So.....wait a minute..... You think if a guy beats his wife in the privacy of his own home....that's ok? The government shouldn't intrude to save her? You're a special kind of stupid aren't you?

Anonymous said...

How much $$$$$ did Tutunjian and company cost us in.lawsuits? Why leave that out?

Crazy Loser said...

Sorry Kevin M. Dunne took Lucky Lindy's baby, sacrificed him to goat god it's so troy crazy, MADDUNE doomed as Bill kills five and can't step foot in DASNY. Watch me as I post the same two pages that don't say anything over any over again, Democratus responsible for 911, no, wait, Pete Ryan, now Bud McCovoy, wait, I have to get me head out of my ass and pay off my $30,000 in tax warrants that's all MADDUNE's fault.

Dunne controls everything in the city wait that's wade, and all I can do is post lame thoughts that never amount to much unless I file a police complaint. Look at me, I will destroy Dunne!!!!It's soooo Troy Crazy, like I've lived here forever. And Dunne bad but Gordon good even though we have a 911 tape...blah, blah look at me! Loser Franco puts me on the radio. Hi, Billie, Hi Sam.

Anonymous said...

Well said, kevin

Jack Straw said...

Here's one angle that hasn't discussed. While it is perfectly plausible, even probable, that a democrat or democratic sympathizer, passed the tape along to the "democratic operative" is also possible it was a Republican cop. There are many cops that are normally Republican or even apolitical, that do not want Gordon. They view him as somehow close to Harry and also Tedesco and they fear a unleashed Tedesco. Many fear once untethered from the Rosamilia administration, there will be retribution. Just a thought. This is Troy. Not all is as it seems and winter is coming.

Anonymous said...

Or it could have been a 911 dispatcher with any of the above reasons

Anonymous said...

Did mcdouche pay his back taxes yet?

Anonymous said...

Let's all get together and get McTwit a job

Anonymous said...

Mcasshole got a facial inside Gordon's podium

Anonymous said...

He didn't even have to crouch down that cute little Twitter bug!

Anonymous said...

7:14 - You've got McAsshat down pat. You should take over his tweets.

7:43 - Great point!

Anonymous said...

Yeah Gordon, do something right --- like marry your roomies father.

Anonymous said...

mcfelatio. verb. To mcfelate. To mcswallow without mcgagging. A non taxpayer. A Twitter punk.

Anonymous said...

4:22
As best that I can recall, Tutunjian and company didn't cost taxpayer a nickle by the way they conducted their campaign. Nobody got arrested, nobody when to jail with their kids looking on, all over this kind of bullshit. That's why the lawsuits cost where left out . They have nothing to do with the dirty tricks the Troy Dems seem to love. Don't the Dems have a 3 to 1 enrollment advantage in Troy. You would think they could take the high rode just once and still win.

Anonymous said...

Dirty tricks? You have a short memory my friend. Do you remember Bob Mirch running people for the WFP when they didn't even know their name was being used. The Tonya phone call where Mirch Crawley et al used city hall phones and intimidated a county worker into making a phony robocall. The GOP push polls of yesteryear. No, no arrests, They just professionals at it. No one has a monopoly on this stuff.

Anonymous said...

7:43 to 8:01 ranting is fully exceptable on this god forsaken web site but when you start to answer yourself and pat yourself on the back your moving from Bill Dunne territory to Kenny Zzzzz territory and that's a pain in the ass that real sucks also.
PS Carmella C how did you find a villa in Florida with no Italian neighbors? You must be living in Del Boca Vista? You know the Dunnes live there. Their son in an architect he designed the addition to the Gugganhiem.

Anonymous said...

Funny, I thought the Dems trained Mirch, then screwed him over too. I always belived he never want to help the GOP, he just wanted to get even with the Dems. No Monopoly you say, hell Bobby already had Broadway and Park Place while everybody else was still rolling to see who goes first. He was good at Chutes and Ladders too. That would be your chute, his ladder mediforicly speaking of course. Ahh the good old days of doing it legal like and discussing the three T's of Rock Salting.

Anonymous said...

No, the Dems didn't screw Mirch. Mirch was a pig and Pattison wouldn't be blackmailed. They fired his ass and got his snout out of the trough for a few years. Learn your Troy history before you babble.

Anonymous said...

I know enough Troy history to know it was that pig nose got Mark the office in the first place.
Is Blackmail still an exceptable term?
And getting fired is not getting screwed over becasue??????
So for the youngsters out there how about telling us the reason Mirch got fired.

Anonymous said...

No, but they cost us plenty in lawsuits by the way they ran this city! Are you disputing that fact?

Anonymous said...

And you visit the blog and comment many times a day 4:25, what's that say about you?

Anonymous said...

8:21, typical scum Harry like post! What does that have to do with Jim Gordon acting like a maniac in front of his children? All you losers do is attempt to deflect away the fact that you are all dirty! Anyone who comes out against you people, anyone who calls out what scumbags you are, anyone presenting facts or speaking out, you bring up shit that either A) happened years ago B) totally irrelevant to the subject at hand C) made up lies and sometimes D) all of the above. Who married who, who smokes pot , who battles demons, or who shuts roses! Non of that changes the fact that you are all scumbags! And guess what? The voters know it!

Anonymous said...

Mirch screwed the Democrats over.
That's why Pattison fired him.
Mirch supported Mantello and Joe Bruno gave him a $30,000 no-show "Constituent Liaison" job in return.
$30,000 a year ain't bad for the Conservative and eventually the Working Families Party Lines.
Especially on top of ~ $90,000 as DPW Commissioner and $25,000 as County Legislator.
Three Job Bob was sucking on the City, County, and State tit.
That whore, Three Job Bob Mirch's command of "Troy's Action Team" resulted in multiple Federal Civil Rights Lawsuits being filed against the City.
Whore Bob Mirch didn't care because he was getting three paychecks on the taxpayer's dime.
That Gordon supporters are spending their time defending Whore Bob Mirch is incredible.
Is Jim Gordon going to reinstate Whore Bob Mirch as DPW Commissioner?
My guess is yes, if Whore Tutunjian tells him to.

History Prof said...

11:39, obviously you do not know history. Since you're sympathetic to Mirch I will assume you were either born brain damaged or you have suffered a TBI. Auto accident?

Mirch wasn't screwed. After he worked very hard on Pattison's first election, Mirch went to Mark and wanted his job to become union protected so he would be there for life. Pattison declined Mirch's request for a seat at the all you can eat taxpayer buffet. In a hissy fit, Mirch campaigned for Pattison's rival. After the election, Pattison fired a political appointee.

So, again, how was Mirch screwed?

Anonymous said...

Forget all this Mirch babble, can somebody explain to me what @12:14 means by "who shuts roses"? Lets not lose touch with reality now.

Anonymous said...

Three time felon? And who's that supposed to be?

Anonymous said...

And you hang on every word, don't you 4:25. Because you're all running scared.

Anonymous said...

I think it was a motorcycle accident, but I just can't remember

He did get fired? By the guy he worked hard for in your words.

So, right after Mirch got Pattison elected, safe to say because the the margin was so small that Mirch would make a difference, Mark took away his Civil Service Status? That kind of sounds like he wants to have the final say on who got the minor party lines that Mirch controlled, dosen't it? So was he planning on firing him from the start or was he always going to wait till he was re- elected?

Thanks for the inside info. Really

Anonymous said...

Mirch worked hard for Pattison. he did it for a reward. He got his reward. A job. An appointed position wasn't enough. He wanted civil service protection. Pattison said no. Mirch, not getting what he wanted, worked hard for Mantello. Pattison fired him after the re-election. I really don't see a problem. Why wouldn't you fire an appointee who worked for the opposition?

If you're trying to make Mirch a martyr, you're embarrassing yourself. He was the poster child for everything wrong with politics.

Anonymous said...

Ease up on the meds Slick. Mirch Man is enjoying Florida WAY too much to come back to this full time. Not a big fan, but streets were clean, shit got done, and DPW wasn't the mess it is now. He was a hard worker who also made things happen - good & bad. You should stop trying to incite people. Face it --- it's gonna be either Madden or Gordon come Jan 1. No Mirch, and no Harry @City Hall.

Anonymous said...

Mirch a martyr that's some funny shit. I talked to the "martyr" this morning and he's not doing to well. It's a little cloudy today and only 82. His new convertable isn't quite the color he wanted. His house in Troy sold. The water in his pool by the golf course was a little chilly so he had to turn the heater on before he went to play golf. Your all worried about Mirch HAHAHAHAHAHAHAHAH he's renting space in your heads from 1500 miles away. He has direct deposit and no state taxes. He's also not thinking about you all.

Anonymous said...

That's the point. Your hero fleeced us. He has to pay taxes on his NYS pension though because he moved out of state. I do find him Christ-like though.

Phana24JG said...

Back, you raise a good point about the debate format, but most of the formats suck, so we deal with it.

We disagree on the issue of background. A small business is an excellent experience for a candidate. One gets to interact with a very diverse group of customers, vendors, and often, regulators. Sitting on both sides of a negotiating table, and learning where real wealth (i.e. what pays for all those grants) is derived can be invaluable. The question for voters is did Rodney learn those lessons well.

Pat clearly has the necessary experience and knowledge, but Lou looked even better on paper, and I don't see any of the Dems embracing the last four years. Municipal budgeting isn't that complex, especially for a small city. Gordon is trying to walk the line of being the "real change," while citing minority experience as expertise. Will that play with enough independents to get to the magic number?

However, as election day nears, the quality of posts is rapidly declining into partisan rants, so I am probably wasting my time.

Anonymous said...

That was the hero who wrote that

Anonymous said...

11:28 do you really think if Gordon miraculously won the election Harry wouldn't be right in his hip pocket? You were on a roll till the last sentence.

Anonymous said...

Funny -- How about Mirch and the Ham Sandwich together live on Fox News National complaining about voter fraud --me and the pizzia guy busted a nut.
Who better to deal with all this garbage than the Garbage Man. Mirch giving two snits about Gordon or Harry - Stop or I'll bust the other nut.
It may be for all the wrong reasons but I do miss the Mirch .

Anonymous said...

Is Mirch registered to vote in Florida or in Troy?

Anonymous said...

Good point. Jim Gordon and Tedesco are tight and the cops hate Tedesco.

Belle Star said...

I want to know what "Not at this time." means relative to orders of protections. I am worried for the safety of people at City Hall if Gordon is elected. I know there are some women that work there that will not feel safe.

Can the Gordon's assure us that there have been no orders of protection?

Anonymous said...

7:49 I wouldn't bet on it.

Anonymous said...

I know there are serious reservations about Dunne working for Madden and Pat should answer. On the other hand there's the same if not worse fear of a Gordon- Harry administration. Both Pat and Jim should clear the air.

Anonymous said...

Good point. Who will protect the women at city hall?

Anonymous said...

Jim should wear a bell around his neck. Or maybe a mood ring.

Mrs. G said...

I was thinking a tamper-proof GPS with a remote controlled shock collar.