HENRY BAUER-PART IV

We continue with our series on City Council At-Large candidate Henry Bauer. We've looked at some other judges that have been disciplined as well as the background of the Republican led Commission on Judicial Conduct. Now we turn to the charges against Bauer.

Bauer was charged with over forty acts of misconduct. Some of them were dismissed. Here are the main charges:

On Friday, May 12, 2000, respondent arraigned Daquan Austin, who gave his age as 16, on a charge of Open Container, for allegedly drinking a bottle of beer in a vehicle. (Subsequently, in connection with another matter, respondent learned that the defendant’s name was different from the one he gave and that he was actually 19 years old.) Respondent informed the defendant of the charge and then asked the arresting officer whether the defendant had been cooperative. The officer said, “Uncooperative.” Respondent then asked the defendant, “Sir, are you getting a lawyer on these matters?” and the defendant answered, “I don’t know.” Respondent set bail of $500 and told the defendant, “If you get bailed out, be here on Monday. If you can get a lawyer, bring one in on Monday and if you can’t, we will assign one on Monday. All right?” The defendant said, “All right.” Respondent issued a preliminary Order of Protection directing that the defendant stay away from the location where he was arrested for six months and committed the defendant to jail in lieu of bail until May 15, 2000. Respondent failed to advise the defendant of his right to counsel and assigned counsel and failed to take affirmative action to effectuate the defendant’s rights as required by Section 170.10 of the CPL.

On the return date, the defendant appeared without counsel; there was no appearance on the record by the prosecution. Respondent advised the defendant that if he pled guilty to the charge, respondent would impose a sentence of time served and a fine of $30. The defendant pled guilty and was sentenced accordingly.

Prior to accepting the defendant’s guilty plea, respondent did not say anything about the right to counsel and assigned counsel.

On April 7, 2000, respondent arraigned John F. Casey, who was charged with Trespass, Loitering, Open Container and Violation of an Order of Protection. After ascertaining that the defendant had not complied with the terms of an earlier sentence to a work order program, respondent told the defendant, “You need a lawyer on these matters. Given your gainful employment, if you can get a lawyer, hire one. And if you can, bring one in on Friday.” The defendant, whom respondent described at the hearing as an alcoholic and a crack addict and a “semi-regular” in the court, was employed by his father’s cleaning service and, on some previous occasions, had been represented by the public defender.

Without due consideration of the factors of pretrial release set forth in Section 510.30(2) of the CPL, respondent set unreasonably high bail of $25,000; committed the defendant to jail in lieu of bail until April 14, 2000, without advising him of his right to counsel and assigned counsel; and failed to take affirmative action to effectuate the defendant’s right to counsel, as required by Section 170.10 of the CPL.

On the return date, April 14, 2000, respondent contacted the jail and directed that the defendant not be returned to court that day. At 8:30 A.M., with no appearance by the defendant, a prosecutor or defense counsel, respondent stated on the record that Mr. Casey “is a plea and time served,” entered convictions for the defendant on the charges and issued an order releasing the defendant from jail, notwithstanding that the defendant had not pled guilty and was never brought back before the court.

On the record of the proceeding, there is no appearance by the prosecutor or defense counsel, and there is no record that the defendant agreed to the plea.

On June 14, 2000, respondent arraigned John F. Casey on new charges, Open Container and Failure To Appear. After noting the bench warrant based on the defendant’s failure to appear a week earlier, respondent asked the defendant, “Do you work or go to school?” and the defendant answered, “I work”; respondent made no other inquiry about the defendant’s financial or personal circumstances. Respondent set bail of $500 and committed the defendant to jail in lieu of bail for five days. Respondent said nothing about the right to counsel and assigned counsel and failed to take affirmative action to effectuate the defendant’s right to counsel, as required by Section 170.10 of the CPL.

On the return date, June 19, 2000, respondent contacted the jail and directed them not to bring the defendant back to court. Respondent stated on the record, with no appearance by the defendant, a prosecutor or defense counsel: “The matter of People against John Casey was a plea and time served on an open container matter.” Respondent entered a conviction for the defendant notwithstanding that the defendant had not appeared and had not pled guilty.

Later that day, Mr. Casey, who had been released from jail, came into court and asked what had happened to his case; respondent informed him that the case had been resolved.

On the record of the proceeding, there is no appearance by the prosecutor or defense counsel, and there is no record that the defendant agreed to the plea.

On July 7, 2000, respondent arraigned Kenneth Grant, who was charged with Unlawful Possession Of Marijuana. The defendant was one of five persons charged with possession of a single marijuana “cigar” in a motor vehicle (see also Charges IX, X and XII). There is no transcript of the arraignment. Without due consideration of the factors of pretrial release set forth in Section 510.30(2) of the CPL, respondent set unreasonably high bail of $20,000 and committed the defendant to jail in lieu of bail until July 10, 2000, notwithstanding that incarceration is not an authorized sentence for a first offense of Unlawful Possession Of Marijuana. Since a parole warrant had been filed against the defendant as a result of his arrest, the defendant would not have been released regardless of the bail set by respondent.

On July 10, 2000, the defendant was returned to court from jail. There was no appearance by the district attorney’s office or defense counsel. Respondent coerced the defendant’s guilty plea by telling the defendant that if he pled guilty at that time, respondent would sentence him to ten days and a fine and the defendant “would be out on Friday.” Without the benefit of counsel, the defendant pled guilty.

On March 9, 2000, respondent arraigned Sean Quackenbush, who was charged with Disorderly Conduct, a violation, and Resisting Arrest, a misdemeanor. After ascertaining that the defendant was not on probation or parole and was self-employed as a carpenter, respondent asked him, “Are you getting a lawyer?” and the defendant replied, “No.” Respondent told the defendant, “If you can get a lawyer, I would, because you need one.” Respondent failed to properly advise the defendant of his right to counsel and assigned counsel and failed to take affirmative action to effectuate the defendant’s rights as required by Section 170.10 of the CPL.

Without due consideration of the factors of pretrial release set forth in Section 510.30(2) of the CPL, respondent set unreasonably high bail of $25,000 and committed the defendant to jail in lieu of bail for one week. Later that day, a bail bond was posted and the defendant was released.

On March 10, 2000, respondent signed an Application for Assignment of Public Defender and/or Assigned Counsel. On March 30, 2000, the defendant appeared in court with retained counsel and pled guilty to Disorderly Conduct in satisfaction of both charges. Respondent imposed a fine of $95 and issued a final Order of Protection for the defendant to stay away from the location of the arrest for one year. Respondent sentenced the defendant to a fine of $300 (including a $50 surcharge and $10 victim fee) and ten days in jail, notwithstanding that, pursuant to Section 221.05 of the Penal Law, the maximum penalty for a first offense of Unlawful Possession Of Marijuana is a $100 fine and no incarceration, and respondent had no information that would have permitted him to impose a different sentence. Respondent knew or should have known that the sentence he imposed was in excess of the maximum sentence authorized by law.

That is just a small sample of the types of charges brought against Bauer and found to be true. You get the drift.

Here's what the Commission had to say:

The record establishes that over a two-year period, respondent engaged in a pattern of serious misconduct that repeatedly deprived defendants of their liberty without according them fundamental rights. Respondent ignored well-established law requiring judges to advise defendants of the right to counsel and to take affirmative action to effectuate that right. In numerous cases he set exorbitant, punitive bail for defendants charged with misdemeanors and violations, even where incarceration was not an authorized sentence. He coerced guilty pleas from incarcerated, unrepresented defendants who, if they refused to accept respondent’s plea offer, faced continued incarceration because of the unreasonably high bail he had set. He imposed illegal sentences in four marijuana cases, and on two separate occasions he convicted an incarcerated defendant in the defendant’s absence by announcing that the case was “a plea and time served,” although the defendant had not pled guilty. Respondent’s failure to recognize the impropriety of his procedures compounds his misconduct and suggests that defendants in his court will continue to be at great risk. Viewed in its totality, respondent’s conduct demonstrates a sustained pattern of indifference to the rights of defendants and establishes that his future retention in office “is inconsistent with the fair and proper administration of justice.” Matter of Reeves, 63 NY2d 105, 111 (1984).

The transcripts of arraignments conducted by respondent depict proceedings that bear scant resemblance to the procedures required by law. At arraignment, a judge is obliged to advise every defendant of the right to counsel and, except for traffic infractions, the right to have an attorney assigned by the court if he or she is “financially unable to obtain the same”; in addition, the judge must “take such affirmative action as is necessary to effectuate” those rights (CPL §170.10). We agree with the referee’s finding that, despite respondent’s familiarity with this critically important statute, respondent “did not fulfill his obligations under the statute either at the time of the arraignment or at subsequent court appearances” (Rep. 4) and committed numerous defendants to jail in lieu of bail without affording them this fundamental right.

Of course, that's not all they said. Being lawyers and judges, they went on for quite some time. Here's the decision in its entirety.

The decision is clear and comprehensive. It was not a railroad job. Some charges were dismissed and there are concurring and dissenting opinions on many of the charges. Also, it's important to remember that the Commission had transcripts from Bauer's court. They weren't dealing in second and third hand accounts. They could read exactly what Bauer did and did not do. Not much wiggle room for Bauer.

In Part-V, we'll discuss what Bauer did and whether or not it justified his removal from the bench. For those who argue "he got kicked off the bench because he was tough on criminals" you are wrong. Some have argued, "he was crooked." If crooked means some personal gain, then wrong again. For those who have formed an opinion before reading the decision of the Commission, well, your opinion is rather worthless, isn't it?

MAN ON THE STREET

We're pleased to introduce a new feature at the Troy Polloi, our very own Man on the Street interviews. We'll take a serious look at recent issues and get the opinion of the average man on the street.

The story of Beth Geisel, former Christian Brothers Academy After School Program Director, seems to be the big story recently. If you don't know what's going on, read Franco's article and get up to speed.

Lets get the take of the Man on the Street.

DO YOU THINK BETH GEISEL, THE ATTRACTIVE 42 YEAR-OLD CBA TEACHER WHO HAD SEX WITH 16 YEAR-OLD BOYS SHOULD BE SENT TO JAIL?


Ted Jenkins
Latex Salesman, 30

"Frankly, we should be relieved. At least the boys are sleeping with a woman and not some man. Now that would be sick."




Josh Stanton
Student, 16

"A female teacher having sex with a student? That's not a crime, it's a favor!"




Bill Frist
US Senator, 56

"I spent an hour last night reviewing the videotapes. It appears she responds to stimuli and there is some brain function. I will urge Congress to act as soon as possible and re-insert the feeding tube....Am I in the right room?"




Lawrence Caldwell
Talk Show Host, 61

"This is the fault of Lyndon Johnson and his so-called Great Society. And of Bill Clinton and Ted Kennedy and radical feminists. Why do they hate America?"




John Aretakis
Attorney, ?

"Hey, I'm on television again."




Bob Mirch
Political Whore, 32

"At least this one doesn't work for me."


You may ask yourself, "Why does the TP make light of statuory rape? Is there something wrong with you?"

The second question first, yes, there is clearly something wrong with us.

In all seriousness, people use humor as a last resort. Even Geisel's attorney is using humor, suggesting that a 16 year-old took advantage of his intoxicated client. Defense attorneys are sometimes forced to be creative but sometimes their creativity borders on the comedic. Even his defense raises the question, what was a teacher doing drunk in the presence of a student?

Is such conduct becoming more and more common or is it being reported more often? We'll probably never have an answer to that question. Instead, we'll just have to be ever vigilant in watching over our children.

LOPORTO ON BALLOT

Michael LoPorto, an At-Large Democratic candidate for City Council, will remain on the ballot. LoPorto's residency was challenged recently, with some alleging that his primary residency is Brunswick, not Troy. Apparently, he really does winter in Troy and then moves east to summer in Brunswick.

It's doubtful Harry will push the matter further. LoPorto is the uncle of Francesca Tutunjian, Harry's charming wife (who owns and operates a fine eatery on the corner of 5th & Broadway-highly recommended). Politics can be a rough game, but it pales in comparison to family matters.

Aside from where LoPorto resides, there's an interesting issue lurking in this story. Is primary residency an outdated standard in terms of voting?

Many Troy business owners live outside the city. Yet, many have a greater interest and investment in the future of Troy than some eligible voters. If they own not only a business but the property where the business is located they pay school taxes to the city and a variety of other fees. Obviously, Troy business owners have a vested interest in the success of Troy.

True, the interests of a business owner may differ from the interests of a person who owns and resides in a Troy home but the interests of a renter may differ from an owner and renters do not pay school taxes. After all, if those old School House Rock cartoons have taught us anything it is that taxation without representation is not fair! (also, a noun is a person, place or thing)

Perhaps, just perhaps, it might make sense to allow a business owner the option of voting in the municipality where the business is located or where the primary residence is located. Just a thought. Such a move probably involves passing a state law or amending the state constitution and that sounds like too much work and we all know how overworked our state reps can be. Just a thought.

WORD ON THE STREET

By Huggybear

Yes, Ladies and Gentlemen, HB is back. After weeks of negotiations a settlement has been reached. I'd like to thank Democratus, a true gentleman, for welcoming me back with open arms.

Word on the Street is that another defection from the DA's office is coming down the pike. Rumor has it that Joel Abelove is abandoning Captain Trish's sinking ship. What's this make it, about 125 resignations since Trish took the helm?

Huggybear can't blame Abelove. The straight-laced, gun and bible toting ADA probably thought he'd be the perfect man to take Kenny Boy's place. Then, he was passed over for DA (Disaster Area?) DeAngelis, a gal not even from our county. Then, she demoted him. Ouch! I'm surprised it took him this long to jump ship. Trish must have had his gonads locked away someplace safe. Well, maybe Joel will teach Trish how to try cases from the other side of the V.

Word on the Street is that Uncle Joe and the Brunswick Mafia are less than thrilled with Mayor Harry. Some even say they want him gone, gone gone! Harry and his cohorts don't seem able to return phone calls to the Senator's people. You don't want to piss off a man like Joe. Come to think of it, maybe that's why Joe wants to move City Hall to the crumbling Proctor's Theater. Accidents do happen.*

Word on the Street is that Troy's Corporation Counsel has farmed out another lawsuit to attorney John Bailey. This suit involves the Troy Police and should be a slam dunk for the City. What does Mitchell do for his $80,000 a year paycheck? I could send cases to Bailey and I'd do it for only $60,000. Maybe Mitchell mails the checks to outside counsel.

Word on the Street is that the political-hack power couple, Bob Mirch and Rich Crist are breaking up. Apparently one of them is dating Yoko. Seems Crist came home one day and found Mirch in bed with another party. The two have no children.

*The opinions expressed here are not necessarily the opinions of the Troy Polloi and any similarities between the characters depicted here and real people are unintended and coincidental.

PROMINENT ATTORNEY SUMS IT UP

Democratus is tanned, rested and ready. Ready for what? No idea. Hopefully for a Democratic sweep in November. Unfortunately, I'm not only a realist, but forever cynical so I don't hold my breath.

It has become increasingly clear that District Attorney Patricia DeAngelis may well be our next County Court Judge. Local attorney E. Stewart Jones sums up DeAngelis nicely:

E. Stewart Jones, a prominent Capital Region defense lawyer and a Republican with a Troy law practice, was one of the few attorneys willing to express a view for the record.

"That office has enormous power and justice is the obligation, but that responsibility has eluded her," Jones said. "She does not have a balanced view of the role of the DA's office in a high-profile case. There is a lack of mature judgment."

He added, "She is vindictive and retributive and sees herself as an avenging angel. In an overly emotional state, she becomes reckless." - From Michele Morgan Bolton's July 26 article.

That about sums it up: Unbalanced and immature.



Our next County Court Judge?
If memory serves, Jones is a Republican who contributed a handsome sum to DeAngelis in her first race.

Democrats should be out and about finding a mature, well-respected candidate, preferably with a well-known and respected family name in Rensselaer County. Many may not know it, but DeAngelis is not a Rensselaer County politician. She's from Albany County, where she spent two years defending people accused of crimes. Republicans like to use that as campaign fodder against would-be Democratic candidates for DA. "We need a prosecutor, not a defense attorney!"

Well, Trish was a defense attorney, as was Bauer and as is possible DA Jack Casey. The line is old, false and played over and over again for the ignorant voter.

Find a good person with good credentials and a good family name and the race can be won. Andrew Ceresia, North Greenbush Town Judge comes to mind. There is also Rich McNally, a former ADA under Jim Canfield and a former Public Defender. If all else fails, the Democrats should approach someone like Greg Cholakis for the judgeship or the DA's race.

The next County Court Judge and the next District Attorney will be dispensing "justice" in Rensselaer County for years to come. Both DeAngelis and Casey are unfit for either position. This isn't a matter of mere politics. It goes straight to the heart of what our system is meant to be, fair and just. These are not positions that should be filled by party hacks.

QUID PRO QUO?

It's time to ask a few questions. If the powers that be think they'll escape these questions, they should think again. We urge The Record to begin asking these questions as well. There's enough fluff in newspapers today, how about some real, tough questions. The kind journalists used at ask public officials.

WEED 'N SEED

For background, go here.

1. Who at Rensselaer County falsified a document and then sent it to the United States Justice Department? Based on our intrepid investigators, we know that a certain report was attributed to a person who did not create that report. Based on e-mails in our possession, we know that she could not have created the report because she did not have the password to the Federal system. She had no way to create the on-line report.

2. There is almost $50,000 difference between the actual report (the one created by the woman) and the falsified report (generated by who?). Which one is accurate. If the actual report is accurate, where is the $50,000? Of course, we know that the County now has to pay the Feds the money. The Feds will then give it to Troy. Obviously, the Feds do not trust Rensselaer County.

We think those questions should be asked and answered. Is that too much to ask?

NO SHOW JOBS

Katrin Ellis, DA DeAngelis' long-time 'personal assistant' may have enjoyed a no-show job while at the DA's office. See this story. The Rensselaer County Legislature has refused to investigate.

1. Does the Rensselaer County Legislature's refusal to investigate the Ellis matter have any connection to the DA's inaction on the Weed 'n Seed scandal?

BRIAN OWENS

1. Why does the administration talk about supporting the troops while denying Officer Owens a mere $1,300? They have money for raises. Mitchell makes $80,000 and yet he has farmed out another case to John Bailey. What exactly does Corporation Counsel do besides failing to respond to FOIL requests? Why didn't the Council allow a vote on Dunne's resolution that would give Owens the $1,300? An up or down public vote.

CARIGNAN

1. How did Harry save the city $60,000 by changing insurance agents? Lets get a complete breakdown of that savings.

Anyone? Bueller? Bueller?

Finally, where is Uncle Joe in all of this mess? His political spawn now run rampant through Rensselaer County. If the people of Rensselaer County are content to let the Bruno's operate this county as their own fiefdom far be it from us to criticize. Remember, for there to be Lords, there must be peasants.

The Democratic Party better start pounding away at some or all of these questions.

Finally, are we going to have to rely upon Michele Bolton and the Times Union to ask all these questions?

STEP TWO FROM ROB GREGOR

Ladies and gentlemen, once again, Rob Gregor. . .

STEP 2: Believe That The Power Of The Whole Can Return Us To Victory

The power of the whole is greater than the power of any individual unit. The local Democrats need to adopt, embrace and apply this principle. No individual Democrat in the county is strong or powerful enough to survive politically without the assistance of the whole party. When we sever ties, create bad-blood, or condescend others, it weakens the power of the collective whole, and we get spanked on Election Day.

We need to realize how powerful the collective body can be when not impeded by intra-party fighting. The Democrats have a huge enrollment advantage in the City Of Troy, and yet continue to lose races. Why is this so? Some would blame the minor party lines, others maintain that the party still feels the effects of term limits. In the end, the reason for the fall from grace does not matter as much as realizing that the power to return to grace lies within the party as a whole, and not within individual candidates or leaders.

As city and county committees, it is imperative that we remember the nature of the offices for which we run. At the local level, people are much less concerned about our stance on national issues, and much more concerned about how we plan to make their neighborhoods cleaner and safer, and property taxes lower. The local party, as a whole, needs to realize this, and begin distributing ideas and platforms through their candidates based on political action at the local level. This means a comprehensive plan for fighting crime (guardian angels anyone?), use of existing legislation such us nuisance abatement against negligent absentee landlords, and the implementation of a clear, concise financial plan. A platform such as this, adopted by the ENTIRE slate of candidates, with the financial and human resources of the ENTIRE party behind it, would create a power greater than the individual, and would surely give a better chance of political survival against a better tooled opponent, such as the local GOP.

--Rob Gregor

WHAT POLITICIANS SAY

First, Democratus is off next week to his house on the beautiful New England coast. Isn't that what the liberal elite do? But fear not. We will have some posts. Also, for those one or two blackhearted knaves, this isn't an invitation to leave comments defaming people. My trusted associate will be monitoring the comments. Behave and have a great week.

Now, on to business.

Politicians and would-be politicians speak for a living. Anyone who speaks, or writes, for a living will end up saying some strange or stupid things. It's a professional hazard. It's also understandable.

Michael LoPorto is an At-Large candidate for Troy City Council. Maybe. Recently, it has come to light that LoPorto may have a residency issue. I apologize to the writer (Franco?) of the article because we like to cite the source. I set the article aside and now, alas, it is lost.

We like Michael LoPorto. Out of all the candidates running this year we would choose him above all others to prepare any of our dinners. He's an immigrant who made good and in many ways is the American Dream. We hope he wins. He'd add a dash of entrepreneurial vigor to the council.

However, although a newcomer to the game, he did make one statement that has to be considered a classic. When questioned about where he resides, Mr. LoPorto stated (we paraphrase) "I winter in Troy and summer in Brunswick."

That, is too funny. I guess if you spend time in Green Island and cross over to Center Island once or twice you "summer on the Islands."

We hate to pick on a Democrat with an uphill fight but it was too precious to pass up.

SUMMER IS HERE

Summer is now in full swing and the political front is quiet. Posts here may slow down a bit, for awhile. Instead of three days a week, we may post only on Tuesdays and Thursdays. It all depends on the news and what my parole officer says.

However, we have something special for all of our loyal readers. The Troy Polloi has added a guest poster to our staff. The former City Chair of the Troy Democratic party will be posting from time to time. This addition to our staff has not been without some headaches. Now we have to deal with pension plans, healthcare and a unionized workplace.

Anyway, without further ado, Mr. Robert Gregor.

Before, during and after my tenure as chair, I thought long and hard about how to bring the local Democrats into recovery. One morning, it dawned on me. “What about a 12 step program?” I know it may sound idiotic at first glance, but the 12 step process has worked for countless individuals suffering from alcoholism and drug addiction, why not for a local party suffering from its own afflictions? So, here it is. Each week, I will cover an additional step. Take it for what it is worth, use what you want, and criticize what you like. Before I begin with Step One, I would like to thank Democratus (no, I still don’t know who he/she really is) for allowing me the opportunity for these guest postings.

Sincerely,

Rob Gregor

Step 1: Admit That We Have A Problem

One of the biggest problems with the local Democrats is that we cannot admit there is something wrong. I can’t begin to count the number of times that I was told “not to worry” or “we’re working on it” when issues such as County Executive candidates, minor party lines, and fundraising were brought-up. This was complete and utter insanity. Before we can right the ship, we need to admit that there is something wrong.

Empirically, the numbers are there, back to back 7-2 GOP councils, a GOP Mayor in Troy, County Executive, and County Legislature. Despite these numbers, however, there remain a number of party faithful, who, like an ostrich, choose to bury their heads into the sand, insisting that there is no problem. To those individuals, WAKE-UP, the kids aren’t okay!!!!

Before we, as a party can reach step two (stay tuned), we need to collectively admit that a problem exists. There is, however, a word of caution I would like to add to this posting. Admitting we have a problem, does not and MUST NOT involve pointing fingers. Don’t begin blaming past leaders, candidates, and officials. Pointing fingers only creates more bad blood, and hinders the recovery process. Until we can surpass this threshold, and realize that the glory years are over, and will only return through hard work as a collective unit, nothing good can materialize.

-----Rob Gregor

Democratus will drink to that!

THE NEXT DISTRICT ATTORNEY

The Times Union originally broke the story about the new County Court Judgeship and just who might run for that seat. That has led to the question of who will be the next District Attorney. Why? Because rumor has it that the conduct-challenged DA, Trish DeAngelis will get the nod for the bench.

Talespin tells us that the Judgeship and the District Attorneys race will go to the Republicans. Therefore, we expect they will not cover the races for those offices. If you know who's going to win, where's the news? That damn liberal media strikes again.

If DeAngelis becomes County Court Judge, the DA's office will be up for grabs. One suggestion is that it will go to Jack Casey, the GOP County Chair. Casey is a fine writer but DA material? Still, he'll have the inside track because he is close to the Brunswick Mafia.

Here's one question to ask Mr. Casey if he's serious about being District Attorney: Should Mary Beth Anslow have been let out of jail early?

From a media perspective it's a fun question. From a political opponent, it's a win-win question. Casey was Anslow's attorney. How would you like it if your attorney did not want you out of jail early? So, if he says no, what kind of advocate would he be? If he says yes, what kind of District Attorney would he be. It's a great question because "I can't comment" means yes.

Another name bandied about with less attention is Greg Cholakis. If Rensselaer County has to have a Republican District Attorney, this is one you want. Greg is smart, decent, honorable and would be a fine public servant. If he runs, he'd get my vote unless the Democrats come up with a comparable opponent. He hasn't got a chance.

SPECIAL SATURDAY EDITION

Troy City Councilperson Karen Messick has missed the last two City Council meetings. If Ms. Messick misses the next meeting, her seat can be declared vacant. Lets put politics aside for a moment and make sure Ms. Messick is safe.





Please call us and let us know you're fine, Ms. Messick. If you do find Ms. Messick, please return her to Troy City Hall. The postage has been pre-paid.

What happens if her seat is declared vacant? Technically, the City Council can fill the vacancy. That's according to the City Charter. However, we know that the Charter is rarely, if ever, followed. Instead, the Mayor will choose a replacement. Some speculate that they will fill the vacancy with Henry Bauer, an At-Large candidate. The question is, will Bauer spend the next six months at a city council pay rate ($15,000) or at his current Assistant Corporation Council pay rate ($30,000)?

For Democrats, it is probably better that Bauer fill the vacancy. Bauer will probably win his race so who really cares if he starts six months early. On the other hand, they could elevate someone else, a relative unknown, who is already running for a district seat. Place that person on the council for six months and give him some exposure for a few months before the election.

In the end, it doesn't matter much. The Democrats now head into an election with no clear party leader. They do not even have a City Chair. Democratus has offered the use of the Troy Polloi as a forum for the Democratic candidates and I have not received one response. Republican candidates are also welcome to submit an entry but they hardly need the exposure. The Troy Polloi receives 100+ visitors a day (Monday-Friday) and 50+ on the weekends. That's visitors, not just multiple hits by the same person. It's not huge, but it's something. You can get your message out to some people. Take advantage of it.

THE BUCK STOPS.....?

The saga of Lewis and Betty Buck demonstrates municipal government at its most ineffective.

The Bucks reside at 1070 Madison Avenue. In 1991, their neighbor filled in a swale bordering the rear of their property. The swale was the lowest point on the property, a ditch or a channel, that was the key point for water to flow off the Buck property.

The result is nothing less than "a house of horrors. A cracked foundation, loss of homeowners insurance, replacement of a driveway, and, most recently, deteriorating health from mold growing on their basement walls...."*

Throughout various administrations, the Bucks have attempted to resolve the problem. They met with Corporation Counsel, various Code officials, engineers and council people. They even hired a respected consulting engineer that indicated the problem has begun to effect other properties downstream. This same engineer has on numerous occasions set forth a remedial plan that is practicable and rather self-evident: restore the swale.

During the course of this saga, Sterling Insurance Company refused to provide coverage for repairs:

"not only was there a threat of explosion from fractured gas lines due to the flooding, but also the foundation is shifting and the main carrying beam has cracked..." - Jane Rosscoe CPCU, Sterling Insurance Company

The Bucks needed a white knight to help them. That knight was Councilman Harry Tutunjian.

Tutunjian visited the property on June 12, 2002. In a memorandum to Mayor Pattison, Tutunjian wrote:

"It is apparent that this condition has existed for some time as a result of improper filling of an existing swale that was protected by an easement.

I feel the city has the right and the responsibility to enforce any and all laws that have been violated as the result of the improper encroachment of the existing easement that protected the swale and permitted the drainage of surface water. I also believe that the city has the ability under the current zoning law to declare an emergency and remedy the problem immediately without further delay.** Privately owned homes and property are at risk....."

On February 17, 2003, Tutunjian wrote the Bucks:

On your behalf, I had several conversations with Mayor Pattison.....As a legislator, I sought to seek*** an administrative solution to your problem. This could have been accomplished by code enforcement, the legal department, and the mayor's office. As City council President, it would be nearly impossible to force a specific legislative action to resolve your situation without first having a commitment from the administration to carry out any such plan. I have contacted all the proper departments to try and remedy your situation, but to no avail.

I remain ready and willing to take the necessary steps necessary****to seek a solution to the problem that affects you and your neighbors. However, this can only be done with the cooperation of the administration. As I have said to you before, I only pass the laws, enforcement is an administrative action.

Former District Attorney Charles Wilcox is trying to help the Bucks in their struggle. Currently, they are proposing that the city purchase the property for $150,000 and remedy the drainage problem in order to protect other property that is endangered by flooding. They would like to use the money to live the remainder of their lives in some degree of comfort and security. That's not too much to ask for, especially for Lewis Buck, a veteran of Guadalcanal.

Now, Harry is the administration. He has a supportive City Council (this would be a non-partisan issue) That respected engineer retained by the Bucks is Russ Reeves, the current City Engineer. Reeves, a fine engineer, has put forth solutions as early as 1997. All the pieces are on the board, Harry. What happened to "immediately and without further delay"? The roadblocks Tutunjian mentions in his February 17, 2003 letter no longer exist, if they ever did. He's been in office for more than a year and a half. Cut the crap and get it done.*****

Ironic isn't it? Lately there's been talk about revamping parks, building faux lighthouses and moving the Veteran's Memorial. Can we forget about those granite statues for a moment and focus on a flesh and blood veteran, before it's too late.

The Record, to their credit, has done a number of stories on the Bucks. Maybe another one might help push the administration into action. Maybe all of us could call City Hall and contact the City Council demanding action. Just tell them Democratus sent you.

* From The Record, Jeff Buell, October 13, 2002. Mrs. Buck, who never smoked a day in her life, has developed emphysema attributable to the mold.

** That's right, immediately and without further delay!

*** "Sought to seek..." We're not kidding. It's in the letter.

**** "necessary steps necessary..." Still not kidding. In the letter.

***** There's more than enough blame here, going back at least to the Dworsky administration.

THE REPUBLICAN FUTURE

As everyone knows, former judge Henry Bauer is an At-Large candidate for Troy City Council. This set us to speculate about what role Bauer may play in the future.

First, Bauer is likely to win. He has run city-wide before, is likeable and is perceived by many ignorant people as the victim of a conspiracy. Also, and more importantly, he'll have the third-party lines. Lets face it, Republicans are not winning because they have better candidates or any new ideas, they win in Troy because the way in which the minor party lines are used undermines democracy.

Once the Democrats screwed themselves on the term-limits issue, they opened the door to years of GOP control of the city. Bad move that.

Now back to Bauer. If we were Harry we would not have wanted Bauer anywhere near this race. With due respect to Mayor Tutunjian, Bauer is smarter, a better public speaker, quicker on his feet and far more sophisticated than the people closest to Harry. If Bauer wins, he'll probably be City Council President. Bauer can choose one of two courses: become a GOP lackey or an independent force.

Our crystal ball tells us that the second course is more likely than the first. Bauer is an attorney and an ex-judge. Attorneys have egos and judges have even bigger egos. Bauer may have a tough time taking marching orders from the likes of Tutunjian.

If we're correct, Bauer will become a force within the party. He will come into the race and into office with a power base not entirely dependent upon the GOP machine. What does a smart, savvy, experienced man do a few years from now? Run for County Executive? Assembly? Senate? Bauer would have his pick of offices, leaving Harry the scraps.

This also has to be considered: it is very likely that our next governor will be Elliot Spitzer. When that happens, Bruno's own light begins to fade. It is one thing to share power with a Republican governor, quite another to deal with a Democratic governor and Assembly Speaker. Bruno will no longer get his people installed in those plum agency jobs. Also, Bruno is 76 years old and growing increasingly cranky. In fact, he acts as if he's beginning to lose a step or two. With Spitzer in, Bruno weakened, many Republicans will be scurrying for jobs when 2007 begins.

There is also something quite Mirchesque about the whole affair. Some speculate that Mirch has little confidence in Harry and wants Bauer around for backup. If Harry is in trouble, will Mirch push Bauer for mayor? Remember, Mirch still wants to suck off the public teat for a few more years. As for any loyalty to Tutunjian, whores do not have loyalties. And we all know that Mirch is the crack whore of political whores.

Our political galaxy is not large enough to support two stars. As Bauer ascends, Tutunjian becomes irrelevant. I wouldn't sell that body shop so soon, Harry.

DeANGELIS FOR COUNTY COURT?

With the addition of another County Court Judgeship the world of Rensselaer County politics is rife with speculation. Was this seat created for Trish DeAngelis? Jack Casey? Ken Bruno?

The idea of a Judge DeAngelis should send shivers down the spine of everyone, accused and innocent alike. Her office has shown a disregard for Judge McGrath's instructions time and time again. This lack of respect does not bode well for her as a judge. Why should others respect her when she has been so disrespectful of others on the bench. DeAngelis in robes would be a bigger joke than DeAngelis as District Attorney. However, Rensselaer County is known for its political jokes so what's one more.

As for Casey being District Attorney (an idea floated by Talespin, by the way guys, it's Andrew Ceresia, not Anthony Ceresia, do they misspell the names of their Republican masters at the Record?) that would be a fine example of the Peter Principle.

Let us not forget Mary Beth Anslow. She retained Casey after her conviction for Endangering the Welfare of a Minor.* Her original attorney was Steve Coffey. Retaining Casey after Coffey is a bit like being traded from the Yankees to the Marlins. The Marlins are a professional baseball team but hey, they're not the Yankees. Casey is a decent attorney, but for a criminal appeal, why abandon Coffey?

And why choose Casey? There are better known defense attorney's out there, E. Stewart Jones and Terry Kindlon just to name a few. Was Casey chosen, just maybe, because of his position as Rensselaer County Chair? Just maybe? Make connections!

Here is another issue to slam the County Republicans. They supported the early release of Anslow. Tough on crime?

We're not saying that Casey asked them to release Anslow. Casey's not an idiot and we know that's not how these things work anymore. Casey taking on Anslow as a client was message enough.

We hope both parties select candidates that will serve justice well. With the Republicans, we don't hold our breath.

* A special prosecutor was necessary because some ADA's used Anslow's illgeal day care services. Remind us to tell you why the DA's office wasn't invited back to a certain charity golf event. That's another good story.

FOR OUR BRITISH FRIENDS

Our thoughts are with you.

WHY IS HARRY SOFT ON CRIME?

We've thought long and hard (at least for seven minutes) about the Guardian Angels in Troy. Initially, we took no position. Certainly, in a fashion sense we can see not wanting the Guardian Angels in Troy. Red berets? That is so 1980's.

However, the Guardian Angels are merely another set of eyes and ears on the street. The police cannot be everywhere and in most cases cannot stop crime. Their job is to investigate alleged crimes and make arrests. They simply cannot be everywhere.

Tutunjian's position, "crime is down in Troy" therefore we don't need the GA's, is unsurprisingly nonsensical. Why is the mayor being soft on crime? We don't care if crime is down 5%, 10%, 50%. One crime against one victim is too much, especially for the victim.

Do the GA's differ greatly from a neighborhood watch? Apparent from the berets, no. They would merely be another set of eyes and ears out in the naked city.

The argument that it makes the police look like they can't handle the job, that it's bad PR, is silly. First, outsiders already think Troy is crime ridden. So what's the big deal? As for the Troy Police Department not being able to handle crime, again, a silly theory. Any police department can do a great job and still have crime committed within their jurisdiction. It's not a knock against the Troy PD. It's an acknowledgment that the police cannot be everywhere all the time.

Troy has the Hell's Angels, why not Guardian Angels?

Democrats, listen up! Here's an issue. Simply spin this issue as the Republicans being soft on crime. Come on, you can do it. There you go. That wasn't so hard now, was it?

HAVE A HAPPY FOURTH

Have a happy and safe 4th of July from all of us at the The Troy Polloi

HENRY BAUER - PART III

Before we delve into Bauer's ethical transgressions, we need to know a bit about the Commission on Judicial Conduct. What right does the commission have in disciplining and/or removing an elected judge.

Oddly enough, the Commission was created by a group of renegade lawyers that enjoys overturning the "will of the people". There is not a single statute, rule, regulation that allows for the Commission to discipline or remove anybody. They just do it from time to time for the hell of it.

Actually, the Commission itself was created by the "will of the people". The Commission's authority derives from Article VI, Section 22, of the Constitution of the State of New York, which was went into effect in April 1978 after overwhelming approval in the November 1977 election.

Alright, we've just established that the people wanted someone to keep an eye on our judges. But just who are these commissioners? From what bastion of leftism do they come?

There are eleven commissioners. Four are appointed by the Governor; one each by the legislature's majority and minority leaders and three by the chief Justice of the Court of Appeals. The terms are for four years so Republican appointees control the Commission. They have for quite some time.

That's not to say the Commission is political, or more accurately, partisan. We think all knowledgeable people would agree that the Commission executes its duties in a professional manner. We just want some of the ignorant to know the facts, not that it'll stop them. For instance:

"I take exception with the fact that we have a commission made up of non-residents of our city and county who don't experience what is happening on our streets on a day-to-day basis," said at-large City Councilman Robert Armet, who voted in support of Bauer in an 8-1 City Council resolution last month. "I could honestly understand if there was an outpouring of complaints against Bauer, but I've never heard a single negative comment about him from anyone," Armet added.

Yes, Bob, it's just the New York State Constitution. You wouldn't want to uphold that silly little document. If you don't like it, start pounding the pavement for a new Constitutional Convention. Also, just because no one took a complaint about a Republican judge to a Republican Councilman doesn't mean that there weren't complaints. Can he be that obtuse, or is it just his cover?

Then, of course, there's the Ignoramus-in-Chief:

"I think it is a terrible day in the city of Troy that a liberal commission in New York City goes against the will of the people of this city," said county Legislator Bob Mirch. "Hank Bauer is a good judge, a good person, a good family man and he did what was best for our city by being tough on the New York City drug dealers and because of that, today he paid the price."

Bobby, Bobby, Bobby. The Commission has offices in NYC, Albany and Rochester. At a glance, at least three of the commissioners are from this area. As for liberal? Yes, especially the Pataki and Bruno appointees. They are all liberal.

Which members are liberal? Even if they are "liberal", liberals like to see criminals go to jail as much as the next person. Lets kill two canards (that means lies, Bobby). Mirch probably can't even name any members of the Commission. As for soft on crime liberals, isn't it Republicans that want to see Sweeney Jr. get off scott free? Wasn't it Republican appointees that believed Mary Beth Anslow should be released early, despite the death of an innocent infant? Didn't the County back that decision?

If you can't grasp the actual issues in play with Bauer and the Commission, you're just talking out your Mirch. But then, Republicans never let facts get in the way before.

So, Commission on Judicial Conduct: most of the commissioners are Republican appointees and the people of the State of New York wanted the Commission.

That does away with those silly arguments.

BRUNOPOLY

"In Grafton did Kenny B, a stately pleasure dome decree...." - Samuel Coleridge

It looks like two local reporters, Michele Bolton and Bob Port, have committed the unforgivable crime of...."investigatory journalism." We refer to the stories that appeared in Thursday's Times Union about a Bruno-to-Bruno money deal, whereby Bruno gave Bruno a gift that then became a loan so Bruno could repay Bruno the loan that was a gift when Bruno divorced his wife so Bruno didn't have to be deposed.....At the end of the story I wasn't sure if Bruno gave the money to Bruno or vice-versa, but I do know I wouldn't cash a check for either one of them.

It's an intriguing story and we have a feeling there's more to come. We'd like to commend the writers for going beyond press release journalism.

Since the article is there for all to read we won't rehash the facts. We will raise certain points and perhaps speculate (we know, we know, if we speculate too much we'll grow hair on our palms and go blind).

1. How does one build a 5,000 square foot house on waterfront property with a loan of less than $340,000? The property and house have to be worth more than $800,000 and that's a conservative estimate. Was this done through one of those real estate infomercial programs? If so, which one?

2. How did Ken Bruno become $600,000+ in debt? Just curious? A Pokemon Card habit?

3. Did the contractor(s) who built his stately pleasure dome have any involvment in building Joe Bruno Stadium?

4. Did the cost of this entire project include landscaping? The aerial shot in the TU shows some pretty bad landscaping. Ken should get some money back for that.

5. When did First Niagara begin this great loan program? Why haven't they advertised? "Credit problems? Delinquent on mortgage payments? Don't worry. Come on down and get a $50,000 unsecured loan at 5%." Is this available to everyone?

6. Why isn't the ex-Mrs. Bruno getting her share? What's the holdup? Just take out another loan.

Now, Republicans will run to their defense. We know this because that is what partisans do. We know it probably won't happen but we hope the man or woman who is a Republican and works two jobs just to make ends meet finally realizes that this is how their masters live. Men of the people.

And just to show we aren't complete partisan hacks, the most memorable quote in the article comes from a Democrat:

The ranking minority member of the Senate Ethics Committee also refused to discuss ethics rules, refused to discuss past ethics cases and refused to discuss any hypothetical questions.

"We don't talk about ethics," said Sen. William Stachkowski, D-Buffalo, the ranking minority member on the committee. "Everything we do is secret."

FRIDAY FUN

TROY POLLOI FOR KIDS

The kids are out of school and many parents are looking for activities to keep the kinder busy. Since euthanasia is still illegal, your options are limited. Never fear, The Troy Polloi is here.

Kids, try and match the hair to the appropriate Troy official.


A. 1.


B. 2.



C. 3.

D. 4. D1. *



E. ** 5.


F. ***


Have fun, mixing and matching.

Next week, we'll talk about Brunopoly and the return of investigative journalism to Rensselaer County.

* Bonus Mustache question
** Trick Question #1
*** Trick Question #2 Ms. Collier's face does not appear in the quiz.

DEANGELIS HASN'T IMPROVED WITH AGE

Unlike a good Petrus or Pomeral, our Rensselaer County District Attorney has not matured well. As a young prosecutor in 1997, under then DA Ken Bruno, DeAngelis handled People v. Gorghan. The result in this case has ultimately become a pattern for DeAngelis as she heads into her twilight years. A reversal from the Appellate Division for the prosecutor's conduct.

DeAngelis graduated from law school in 1994. She was only three years out at the time. Young prosecutors can be overzealous and can make mistakes. Everyone makes mistakes.

We contacted our legal department to see if she (our legal department) could do some research. Legal got back to us within a few hours. Her research was not exhaustive and we don't vouch that it's 100% accurate. Feel free to follow-up if you know of any cases reversed due to prosecutorial misconduct under any district attorney.

Between 1985 and 2005 (June), Rensselaer County has had five District Attorneys: James Canfield, Lou Catone, Mary Donohue, Ken Bruno and Patricia DeAngelis. During that same time period, four convictions have been overturned for, at least in part, prosecutorial misconduct.

One incident occurred under Mary Donohue. The remainder all involved Trish DeAngelis, either as the prosecuting attorney (Gorghan) or under her leadership.*

So, in the past twenty years, DeAngelis is involved in 75% of conviction reversals due to prosecutorial misconduct. Why didn't the other DA's have this problem?

Here's our very first Troy Polloi pie chart:



That's a lot of pie.

Rensselaer County deserves a district attorney that wants to fight crime and not showboat in the courtroom.


*People v Gorghan, People v Allen and People v Levandowski

INFORMATION OBTAINED ON PUBLIC THOROUGHFARES

By John Houseman

Due to recent tensions between Troy Polloi management and Huggybear, Mr. John Houseman will temporarily write for Word on the Street. As for Huggybear's allegations, we expect to be fully vindicated.

Two of our own, soon-to-be-former City Councilwoman Karen Messick and her fiance, Peter LaRocca are bidding farewell to Troy's tawny Washington Park neighborhood and heading for the sand, surf and rum of the .....Dominican Republic?

First, it was Scat Sweeney and Hot Lips Barton cutting it up in Rio; then Fielding Melish leading the rebel cause in San Marco; followed soon after by Dr. Sheldon Kornpett and his future in-law, Vince Ricardo saving our country.

While we wish them all the best in their ex-patriotism, it is curious that those so committed to Troy and its future would flee to foreign shores. After all, they renovated (albeit illegally) two buildings on Washington Park and ran the apparently successful Historic Home Supply on River Street, not to mention renovating the old Up To Date on Third Street, opening it as an upscale furniture boutique.

Troy Polloi scooped the local members of the Fourth Estate when they informed you that Ms. Messick would not be seeking re-election this coming fall, speculating she had had a falling out with members of Troy's Republican cabal. Several reports reached the Polloi detailing verbal* confrontations between Ms. Messick and Deputy Mayor Dan Crawley. Hey Dude Dan** has developed quite a reputation for verbosity, (see the Monday, May 16, 2005 post for more) criticizing those courageous enough to actually run for office. Coupled with the adverse publicity she received for her building code escapades, we can understand her desire tabandonon politics. Ms. Messick did have one notable success. The extension of downtown Troy's historic district. Regrettably, the Tutunjian appointed and preservation- challenged Planning Board has rendered that piece of legislation virtually null and void.***

While we certainly understand Ms. Messick's decision to avoid the limelight by not seeking re-election, abandoning her holdings and fleeing the country seems a curious move and opens the door to all kinds of speculation. Thus, we speculate.

First , is their real destination the Dominican Republic? Perhaps not. Perhaps Code Enforcement is hot on their trail and they are headed to a country without an extradition treaty, perhaps Algeria, which is lovely this time of year. Regardless, this apparent cut and run strikes Mr. Houseman as odd given the degree they had invested in Troy.

Adieu, and Bon Voyage.




* Verbal only in the sense that it emanates from an orifice.

** Troy's business leaders have bestowed the epithet "Hey Dude" upon Deputy Dan after he greeted a highly respected member of that community with those words at their first meeting. "Hey Dude" replaced Mr. Crawley's former nickname, "Sweatpants Dan".

*** That's right. Not just null, but also void.

SPECIAL SUNDAY ADDITION

On Tuesday, June 14, the Troy City Council attempted to hold an informal meeting for the people of Troy, and Democratus was there.

The City Council holds two such meetings every year. The meetings are designed to be informal, so the citizens and the elected officials can have some give-and-take: have a real dialogue. Unfortunately, the crowd on Tuesday night was angry.


City Council's informal meeting, June 14, 2005
The people who spoke seemed less interested in a conversation and more interested venting their real or perceived complaints against the city. In an editorial, The Record correctly points out that this was a missed opportunity. No one likes to be lectured. No one likes shouts and rants directed at them. If the people want elected officials to listen there are more effective ways to communicate such as, calmly stating your point, utilizing smoke signals or sign language. Ranting is just bad form.

However, some responses were enlightening. Someone complained that their requests for information were never answered. Corporation Counsel David Mitchell fielded that inquiry:


"That's my responsibility," responded Mitchell. "I work50 to 60 hours a week not responding to your requests. It'svery tiring."
Someone else demanded to know what Soylent Green was made of. Finally, someone demanded to know why there were no more informal meetings.

It was a completely useless evening. And Democratus enjoyed every minute of it!

Democratus and friend at City Council meeting

NEWS UPDATE

The news in Troy is a funny thing. Some days....nothing. Then, there's a lot of stories.

CITY COUNCIL

Lets take a quick look at the Democratic lineup (since you'll probably never see their names in print in the local paper between now and the election).

District 1 - Dan Doran;

District 2 - Flora Carr;

District 3 - Peter Ryan;

District 4 - Bill Dunne;

District 5 - Frank Lamiano;

District 6 - James Hockler;

At-Large:

Michael LoPorto, Clem Campana, Robert Martiniano

We'll talk about the Democratic slate more as the silly season gets underway. For now, we wish them luck and invite them to introduce themselves or even guest post on The Troy Polloi.

STAYING AT THE JO-HO

The proposed hotel, to be erected on the site of the historic Troy City Hall, has us more excited than Michael Jackson in a room full of kindergarteners. We love the idea because, frankly, Troy is in desperate need of more hotel space. The city has had to turn away too many conventions and other special events due to a hotel room shortage.

In all seriousness, we like the idea of destroying City Hall and the parking lot, in order to put something of value on prime, waterfront property. However, we also fear for Uncle Joe's sanity. We generally like Joe. It's never a bad thing when your state senator is the Senate Majority Leader. Still, private enterprises, such as the Best Western and Franklin Plaza, shouldn't be forced to compete against taxpayer dollars.

Secondly, is there a shortage of hotel space in Troy? Is Troy a destination for any large group of tourists? We think not. It's putting the cart before the horse.

We do applaud the idea as well as the architect's vision of what the hotel would look like.

The Troy Jo-Ho Plaza
GOODBYE MR. MAHONEY

Well, it's true. We were hoping it wasn't, but it is. Jack Mahoney will not be on the ballot this year. Jack is a class act, a true gentleman and he brought a certain dignity to our public life. We cannot recall Jack ever attacking someone or acting petty or childish. Good luck with the restaurant. We hope to see you there soon.

TRISH D

Speaking of Uncle Joe, he must have been putting the screws to The Record. DA Trish D'Angelis appeared in just over eighteen stories this past week. All of them positive. Just how many resignations have there been from her office? We'll never know. We do know that there has been quite a few. Some have even resigned before having a new job in place. That's some leadership.

It would be nice if someone did a full length story, maybe....oh....we don't know....comparing the current DA's reversal rate (based on prosecutorial misconduct) to Bruno, Donohue and Canfield. Oh, hell, we guess we'll have to do it. Hey, just think, maybe her reversal rate is better.

HENRY BAUER - PART II

As many of you know, Henry Bauer is running for an At-Large seat on the Troy City Council. Bauer is currently an Assistant Corporation counsel at $30,000. As a councilman, Bauer will make $15,000. We've never seen a person work their way down the economic ladder so quickly.
In a previous post, we examined how East Greenbush Town Justice Charles Assini managed to get himself removed from the bench. In this post we'll examine another local justice, this fellow a bit further to the north. Our reason for exploring other judicial follies is to put Bauer's actions into context rather than just examine the charges and the findings against Bauer. Thus, we're giving you a look other judges and their problems.

This next judge is a far cry from Assini.

Douglas C. Mills, a judge of the Saratoga Springs City Court, Saratoga County, was served with a Formal Written Complaint dated July 17, 2003, containing two charges. On October 5, 1999, Jason Kalenkowitz appeared before Mills for a non-jury trial on a charge of Possession Of An Open Container in violation of Section 61-1 of the Code of the City of Saratoga Springs. Mr. Kalenkowitz, who was a full-time student at Skidmore College in Saratoga Springs, appeared pro se. Assistant District Attorney David Harper called one witness, police officer Eileen Cotter, who had arrested Mr. Kalenkowitz. Mr. Kalenkowitz testified on his own behalf and called two witnesses.

During Mr. Harper’s cross-examination of a defense witness, the following occurred:
Q. You testified there is a sidewalk there. Was she [police officer Cotter] standing on the house side of the sidewalk or in the pavement, on the side of the sidewalk?
A. Probably on the house --

MR. KALENKOWITZ: This is ridiculous.

THE COURT: Really? The next time you have an outburst like that, I will hold you in contempt, and sentence you to ten days in the Saratoga County jail. Want to state your reasoning on the record?

MR. KALENKOWITZ: Because he’s going on to something that’s already been said. He’s asking questions about calling somebody a bitch. That is irrelevant. He’s using -- trying to get something that is irrelevant. I believe the cops in the front yard saw me walk out. I don’t see how, me calling somebody a bitch, that I testified to, has anything to do with their testimony.

THE COURT: That’s what you’re concluding, that all these proceedings are ridiculous?

MR. KALENKOWITZ: Also, me, you, probably, and him, probably, have had a drink - and me being arrested for drinking in the front yard.

THE COURT: That’s why we have a court. I am warning you, if you interrupt me, you will go to jail.

MR. KALENKOWITZ: You asked me a question. I am answering it.

THE COURT: Good idea. Because you will go to jail.

MR. HARPER: No further questions.

THE COURT: Want to make any concluding remarks?

MR. KALENKOWITZ: I just made them.

THE COURT: Mr. Harper?

MR. HARPER: I will waive a closing statement.

At the conclusion of the trial, respondent found Mr. Kalenkowitz not guilty.
The following then occurred:

THE COURT: However, Mr. Kalenkowitz, the Court is not going to avoid having a conversation with you about your attitude, which is much more important to me than this whole proceeding.

MR. KALENKOWITZ: I am sorry. I am frustrated with the whole ordeal. I am missing classes for this court date, and it is the second charge I was brought up against, in Saratoga, that I was not guilty of, and it’s taken a lot of time and money out of my hands.

THE COURT: Does that mean you can be disrespectful to the Court and declare this whole thing is a joke on the record? Do you think that [endears] yourself --

MR. KALENKOWITZ: No. I --

THE COURT: Now we’re going to have a contempt hearing. You’ve again interrupted me.
The Court finds you are in contempt of Court. The Court has previously warned the Defendant, several times, not to interrupt the Court, and he did so again. So I will sentence the Defendant to three days in the county jail. Please take the Defendant into custody. You will have to learn your lesson the hard way.

MR. KALENKOWITZ: You’re a good man for doing this.

THE COURT: Mr. Kalenkowitz, you’re an obnoxious young man.

MR. KALENKOWITZ: You’re [an] obnoxious old man.

THE COURT: I will sentence the Defendant to three more days in the Saratoga County Jail, to total six days.

On October 6, 1999, the day after Mills finding of contempt, Mills realized that he was in error in finding Mr. Kalenkowitz guilty of Criminal Contempt in the second degree because Mr. Kalenkowitz was not informed that he was being charged with that crime and there was no trial on a properly filed accusatory instrument. Instead of releasing him from custody, Mills, sua sponte and in Mr. Kalenkowitz’s absence, decided to dismiss the Criminal Contempt charge and to charge Mr. Kalenkowitz with contempt in violation of Judiciary Law Section 750. The sentence remained the same. Mills issued a commitment order dated October 6, 1999, which stated that Mr. Kalenkowitz was convicted of contempt in violation of Judiciary Law Section 750 and was sentenced to a term of six days. No new trial or hearing on this charge was held.

On October 7, 1999, Mr. Kalenkowitz, still in custody and unrepresented by an attorney, appeared before Mills. Mills advised Mr. Kalenkowitz of his right to an attorney, but did not ask if he wanted an attorney. Assistant District Attorney Harper moved to dismiss the criminal contempt charge on the ground of double jeopardy, apparently on the belief that on October 5, 1999, Mr. Kalenkowitz had been found guilty of contempt under Judiciary Law Section 750. Mills dismissed the charge, but the defendant was returned to jail on the commitment order dated October 6, 1999, which reflected a conviction and sentence for contempt under Section 750 of the Judiciary Law.

At the October 7, 1999 court appearance, Mr. Kalenkowitz again apologized to Mills. Mills stated, “Thank you very much” and remanded him to the jail to serve out his sentence.

In summarily convicting Mr. Kalenkowitz of contempt, Mills failed to give Mr. Kalenkowitz any opportunity to make a statement in his defense and failed to make a mandate of commitment as required by Judiciary Law Section 752.

Mr. Kalenkowitz was released from custody after four days of incarceration. The invalid contempt finding and subsequent incarceration caused Mr. Kalenkowitz numerous personal repercussions.

Mills summarily sentenced Jason Kalenkowitz to jail for contempt, ostensibly for violating “several” warnings against interrupting Mills. The record does not substantiate the Judge's portrayal of the events, neither as to his warnings or as to any behavior by the defendant that would justify his actions. As the transcript shows, the defendant, a college student who had successfully defended himself on an Open Container charge, was apparently attempting to respond to Mills questions during a sermon about the defendant’s “attitude.” Mills' exercise of the summary contempt power in such circumstances, without complying with statutory due process, was a gross abuse of judicial authority. Compounding his misconduct, when he later realized he had wrongly convicted Mr. Kalenkowitz of Criminal Contempt under the Penal Law, Mills did not release him when he was brought back to court the following day, but simply changed the commitment order to reflect a conviction under a different statute and sent the defendant back to jail, where he remained in solitary confinement, without access to an attorney, for another three days. Even with an opportunity to reflect on his actions, and even when the defendant had apologized for a second time, Mills failed to remedy the harsh consequences of his actions in sending an acquitted defendant to jail.

Mills was being an obnoxious old man and tyrannical. Now we don't know Mills, wouldn't know him if we ran him over. He may be a great judge, he may be an awful judge. His conduct here was in error but it appears that everyone was having a pretty bad day. There's no evidence of any on-going problems, ethical or otherwise, with Judge Mills, that we know of. Judge's, such as Mills, have bad days and make mistakes. Kalenkowitz, the defendant, obviously knew how to push Mills' buttons. Mills overreacted and it returned to bite him on his ass. Mills was censured for his actions.

Still, this incident, as trivial as it may seem to some, does matter. Judge Mills failed to comply with due process. Due process requires notice of the allegation and an opportunity to be heard. Further, Judge Mills wrongly convicted the defendant of Criminal Contempt, a wrong Mills himself acknowledged. The consequence was that a college student remained in jail for three days without access to an attorney.

It amuses us when so-called conservatives downplay such actions. Conservatives are supposed to put individual rights above all else. Yet, when an accused suffers a deprivation of rights, it is simply no big deal. The accused is obviously guilty. The police would never arrest an innocent man so the accused must be guilty. Those defending individual rights are then called "liberals" or worse, "lefties" and "soft on crime."

As usual, so-called conservatives miss the point entirely. They miss the irony of the situation. They pay lip-service to our great traditions but try and undercut those traditions at every opportunity. Our individual liberties are based on hundreds of years of British Common Law and over two-hundred years of Constitutional Law. Men such as James Madison believed such liberties were important enough that the 4th Amendment was included in the Constitution.

The 4th Amendment forbids "unreasonable searches and seizures". That Amendment is a huge boon to criminals. It means that the government can't seize or search a person or his home because "we just know he's a bad guy." Perhaps the conservative philosophers in Troy may want to repeal the 4th Amendment. After all, if you haven't done anything, why should you care if you're seized or your home is searched.

James Madison - A soft-on-crime liberal. Each passing year makes it more and more obvious that conservatives would be much happier in the Soviet Union of 1935.

Soft-on-crime liberals debate the Constitution

A TRUE PUBLIC SERVANT

We here at the Troy Polloi want to acknowledge that Troy is capable of producing outstanding public servants. One such person is Appellate Justice Ed Spain. Judge Spain is running for re-election to the Supreme Court (apparently Appellate Division judge's must also be Supreme Court judges so they must run for re-election even though they are appointed to the appellate court).

Justice Edward O. Spain was designated a Justice of the Third Department effective December 30, 1994. He began his legal career in private practice in 1966 with his father in Troy. In 1967, he served as an Assistant District Attorney for Rensselaer County until he was called to active duty in the United States Navy, Judge Advocate General corps; he was honorably discharged in 1972 with the rank of lieutenant. Justice Spain returned to private practice and served as Deputy Corporation Counsel for the City of Troy for two years.

In 1977, Justice Spain served as Deputy Chief Clerk of Rensselaer County Surrogate's Court and was elected to Troy Police Court, where he served until he was elected to the Rensselaer County Family Court in 1985. He was elected to the Supreme Court in 1991 and, in January 1994, he was appointed Administrative Judge for the Third Judicial District. Justice Spain is a graduate of LaSalle Institute in Troy, Boston College and Albany Law School. (From the Appellate Court Website).

We're sure many of you have had the pleasure to know Judge Spain and his family. Edward Spain is a decent, honorable, thoughtful man and a dedicated public servant. He does his city proud. If every public servant was like Judge Spain, the citizens would truly get what they deserve. He's a class act and a cut above.

CITY GOVERNMENT TO BE REFORMED

A modern hotel should be built on the Hudson Riverfront property now occupied by Troy City Hall, state Senate Majority Leader Joseph L. Bruno said Thursday.The politically powerful Brunswick Republican will ask that the state commit up to $1.5 million in funds to assist the city in the first phase of developing a new government center in the Proctor's Theatre block on Fourth Street. He said he expects to get approval for the funding before the state Legislature adjourns for the session on June 23.

Bruno's plan would not leave the current administration out in the cold. Bruno suggested that Mayor Tutunjian would manage the hotel, Mr. Crawley would become chief bellhop and Bob Mirch would manage the housekeeping department.

One source believes that Senator Bruno wants Troy, NY to host the 2012 Olympics.

WORD ON THE STREET

By Huggybear

Word on the Street is that Frank Laposta will not run for Troy City Council. Or jog for that matter. Frank is unhappy because the party dissed the guy Frank wanted to see run in District 2. Word on the Street is that Jack Mahoney didn't even know Frank's guy. Why would you want to run someone in the 2nd if Mahoney doesn't know the guy? That cat Mahoney knows everybody.

Word on the Street is that some Dems want Steve Dworsky to run in District 5. Huggybear is letting you know early so if you live there, you have time to get out. I'm just playing with you, Steve. You Da Man! Dworsky is best known for his quips, such as, "You have to realize that people have become disenfranchised with the Democratic Party. You need to welcome everyone in, not just the ones wearing three-piece suits." Man, who wears three-piece suits nowadays?

Word on the Street is that the Repubs are getting cold feet about endorsing Pascarell. Pascarell is the Democrat-turned Republican-turned-Democrat-turned-Free Soiler that has won and lost races for City Council since the Taft Administration. In fact, if the Huggybear remembers correctly, Pascarell once ended up running against himself and endorsing the other candidate.

Word on the Street is that administration officials now have to clear things with The Boss, Bob Mirch, even after Harry OK's something. Who's in charge down there, anyway.

GOP DUSTS OFF PASCARELL

James Franco's article in Thursday's Record is worthy of a read. The GOP has decided to dust off Troy's political dinosaur, William Pascarell, and give him a shot at offing Dunne in the 4th District.

The selection of Pascrell shows just how desperate the Republicans are to get rid of the Council's lone Democrat. Pascarell has little chance to beat Dunne.

However, that's not the interesting thing about Franco's piece. The more disturbing part of the story are the intimations that some Democrats are worried about Dunne on the ticket. That they may in fact, try to derail his nomination.

For the record, we don't know what Dunne did or did not do. No one knows. He wasn't charged with anything at the Dormitory Authority. He left to take a higher paying job. We've seen the notorious e-mail on the news. Our response: Oh my! Frankly, we don't see the big deal.

As far as we know, Dunne has never lied on a matter of public or private concern. There are no allegations that he threatened anyone with a gun, had an extra-marital affair, was pulled over for DWI, was packed off to rehab, surfed porn at City Hall, lied about saving the city $60,000, mishandled Federal money.....

***Those are real issues. Did the Record even mention the Bruno allegations? No! The former top law enforcement official in Rensselaer County may have intimidated his wife with a gun and enagaged in an extra-marital affair... but that isn't news.*** (see retraction below).

Renssealer County mishandled Federal funding to such an extent that it was take out of the Weed n' Seed loop. News? Barely.

The Republicans nominate a man that deprived accused individuals of their rights. News? Only the fact that he'll likely win.

DeAngelis' convictions get flipped more than Paris Hilton. News? Nah.

Mayor Tutunjian has yet to explain just how he saved $60,000 by switching insurance brokers. News? Hardly. We'd rather focus on private correspondance bewteen consenting adults.

And the Democratic Party: more flaccid than pre-Viagra Bob Dole. The party organization, if it can be called an organization, has never stepped up to the plate. They are so worried about what the Republicans will do that they've yet to formulate any plan or give people any reason to vote for them. Dunne, whatever he did or didn't do, is the least of their worries. The Democrats must make the Republicans worry about what they, the Democrats, might do.

Franco's article hints that Dunne may not receive the Democratic nomination. That is so Democratic Party. Try and oust the only elected Democrat in the City of Troy (Mahoney is a registered conservative and Maier is a blank) when your party is at its lowest ebb. With Democrats like that, the Republicans don't even have to do their own dirty work.

Tom Wade has been an outspoken advocate for Dunne and clearly sees such infighting as counter-productive. Wade is shrewd, but it doesn't take a genuis to realize that Dunne may be the only Democrat on the ticket that wins.

Unless, this is part of a takeover. LaPosta is close to Dworsky and Dworsky to Mirch (if anyone can be said to be close to that creature). Is one faction of the party trying to wipe the slate clean for a full takeover? And exactly who would take over. Rumor has it that Lynn Mahoney has hinted at a run for mayor (we're waiting for the laughter to die down). Mahoney, despite some positives, would be buried. Does Dworsky want back in the mix? Haven't we been down that road before?

This all points-up an inherent weakness in the Democratic Party on all levels: they're wimpy. No, not as people. The list of Democratic combat veterans belies any suggesting that they lack personal courage (in marked contrast to Chicken-Hawk Republicans). They are wimpy in dealing with adversaries. Instead of attacking rumor mongers, they add fuel to the fire. Look and see how the Republicans gathered around to support Bauer. True, many ignorant Trojans don't see what Bauer did as wrong, but it never hurts to play to the lowest common denominator.

For God Sake's, go on the offense. If they try and slander one of your candidates, hit back. Slander one of theirs. That's what they know. Call Harry a liar unless he can explain how he saved the City $60,000. That's a lie about an actual issue of public concern. Question Mitchell's raise, DeAngelis' record and the low morale at the DA's office. Do something! Do more than behind the scenes, intra-party machinations. If you don't, you'll never win and you don't deserve to win.

***Mr. Franco has pointed out that he did run an article on the Bruno allegations. We acknowledge the error but still think its news. Thirteen more mistakes and we'll be as bad as the New York Times.***

HENRY BAUER - Part I

Former Police Court Judge Henry Bauer announced he will seek an At-Large seat on the Troy City Council. Bauer was removed from the bench in 2004 for numerous improprieties.

In discussing Bauer, it is necessary to discuss the issues that propelled him off the bench. His behavior as a judge must be placed into context. To do this, we'll look at other judges and what behavior landed them in hot water.

Not surprisingly, judicial misconduct comes in a variety of shapes and sizes. Judges are investigated for procedural problems (ie. setting high bail, not setting bail...). They are admonished for their behavior on the bench (such as attacking an attorney, or berating an attorney, defendant or complainant). They are admonished for a combination of the two. Sometimes it is an isolated incident, sometimes they exhibit a long pattern of misconduct.

It should also be noted that many good judges get a slap on the wrist from the Committee. Judges are human and can make mistakes. Some of the areas finest judges have been admonished for isolated problems and mistakes. This in no way diminishes their ability or service.

CHARLES ASSINI

Assini was East Greenbush Town Court Judge from 1986 until 1999. He is also a licensed attorney and a member of the Family Values Party.

Here's a random sample of Mr. Assini's problems as a Town Court Justice.

On June 18, 1996, Michael Poorman, a town councilman who was liaison to the court, investigated the situation and found that a restitution check had not been deposited and that there were two tables piled with case files, cash, outdated money orders and outdated checks that had not been processed. The town board brought the situation to respondent's attention and asked that he acknowledge his responsibility for handling the cases. He did so in writing.

In August 1996, the state comptroller began an audit of the court. Before issuing a report in October 1996, an examiner advised respondent that approximately 120 case files required action. The situation was again discussed with respondent by the auditor on December 9, 1996.

Respondent failed to work on the files until February or March 1997.

***
Ms. Reno was suspended after difficulties and complaints by respondent's fellow judge, Catherine Cholakis. After Judge Cholakis had demanded that the town board fire Ms. Reno, Councilman Poorman met with respondent and Judge Cholakis on April 2, 1996. Respondent arrived 30 minutes late for the meeting, which, because of his attitude and conduct, lasted only a matter of minutes. Respondent directed questions at Judge Cholakis in a confrontational manner, without allowing her to respond. Judge Cholakis left in frustration.

After her departure, respondent turned to Mr. Poorman and referred to Judge Cholakis as a "fucking cunt."

In or after June 1996, respondent stopped at the court to tell clerk Jay Amodeo that respondent was not well and intended to cancel a court session scheduled for that day. When Mr. Amodeo inquired whether respondent would like him to ask Judge Cholakis to substitute, respondent referred to her as a "fucking bitch."

In the late summer of 1997, respondent suggested to Mr. Amodeo and the court officer, Ray Ingoldsby, that the Democratic party should run a candidate against that "fucking cunt," referring to Judge Cholakis. A third person was also present.

On another occasion, Mr. Amodeo asked respondent whether he should move a case to Judge Cholakis's calendar. Respondent replied that he did not want to give anything to that "fucking bitch."

***

Prior to May 1995, respondent allowed E. Robert Duffy, the director of a private defensive-driving program, to make recommendations outside of court as to which defendants should be sentenced to take a defensive-driving program. During courtroom sessions, Mr. Duffy was allowed to sit at the bench next to the bailiff. When respondent sentenced defendants to a defensive-driving course, he gave them pamphlets advertising Mr. Duffy's course, stating in bold letters that defendants were required to contact Mr. Duffy's program and, "No other course is acceptable."

In 1994 and 1995, Commission staff investigated a complaint concerning this conduct. On January 7, 1995, respondent testified and acknowledged Mr. Duffy's role in the court and that he had allowed Mr. Duffy to write and warn defendants who had failed to attend the program as directed.

On May 3, 1995, the Commission cautioned respondent that his conduct violated the Rules Governing Judicial Conduct. "By these practices, you have lent the prestige of your office to private interests," the Commission advised respondent. "Defendants would reasonably believe that Mr. Duffy and his program were an adjunct to the court and that they had no choice of programs. You should not permit Mr. Duffy to sit near you as you preside. Nor should you permit Mr. Duffy to speak for the court or write letters that are distributed by the court as the court's letters."

After receipt of the Commission's Letter of Dismissal and Caution, until at least March 1996, respondent continued to allow Mr. Duffy to sit at the bench, and respondent continued to distribute his pamphlet. Until Mr. Duffy closed his program sometime in 1996, respondent continued to allow him to make ex parte recommendations as to whom should be required to take the defensive-driving program.

After Mr. Duffy no longer appeared in the court, respondent began distributing the pamphlet of another local driving school, E&E. Only if a defendant asked respondent whether a different course could be taken would respondent concede that any certified course was acceptable.

Bad stuff, that. Need we say that Mr. Assini was removed from the bench. Is there any doubt he should have been removed?

Bauer's transgressions are in marked contrast to Assini's. Assini had ethical violations as well as personal problems. He also had problems following procedure, but the unheeded warnings and the constant attack on his fellow judge sealed his fate.

Assini is one example of an out of control judge. Next week we'll look at another area judge and his problems. Then, on to Henry Bauer. Again, we do think it important that allegations against Bauer be put into some type of context. It's also important to know what happens in our courts. They are, after all, our courts.

Also next week, "Why are the Democrats So Damned Wimpy?" We'll speak to an expert (unless he chickens out).

Have a safe weekend.

30 YEARS + DA'S OFFICE = 2 1/2 YEARS

No, it's not your math skills that are wanting. It's just our District Attorney's office. In particular, it's the example set by DA DeAngelis.

Christopher Allen was tried and convicted for rape in 2002. The victim was 15 years old. He was sentenced to thirty years in prison (rightly so). Unfortunately, our DA snatched defeat from the jaws of victory. Do to both prosecutorial misconduct and errors by the judge, Allen's conviction was overturned in December of 2004.

Allen recently pled guilty to a lesser charge. He will be sentenced to 2 and 1/2 years in prison. Since he has already done the time, he will not spend a day in prison. He'll get time served. Oh, yeah, he has to register as a sex offender because he'll now be back out in the community.

The deal was struck, in part, because the victim did not want to go through another trial. Who can blame her? She probably expected the first trial to be carried out competently.

Since no one else has done so, the Troy Polloi hereby requests the resignation of District Attorney Trish DeAngelis. This is no indictment of the entire office. There are good ADA's in Rensselaer County. ADA's that are more interested in convictions than political careers and headlines. Morale has reached a breaking point and if DeAngelis is a true leader, she'll see the need for new blood.

We're not holding our breath.