NEWS WRAP-UP

Hope everyone had a great holiday.

CASALE OUT

Long time area Assemblyman Pat Casale announced he will not run for re-election. Casale has been the Assemblyman for the 108th District for the past 14 years, doing whatever Republicans in the Assembly do, which isn't much. Thus ends a decade and a half bout of narcolepsy.

The big question will be, who's big enough to fill Casale's seat? According to Talespin, Rensselaer County legislator, Martin Reid, is on the fast track to the Republican nomination. Apparently, Mr. Reid is tired of screwing the locals and wants to take a shot at the entire state.

We want to be the first to endorse Mayor Tutunjian for the 108th Assembly District. We believe he'd be a worthy successor to Mr. Casale. We'd also enjoy the drama that would develop in the Troy political arena with Tutunjian's departure. Word has it that Councilman Mark Wojcik thinks he has what it takes to be mayor. In fact, we've already seen signs of support for Mark.



GOOD REPORTING

The Record's James Franco has done some excellent pieces on the Brian Benoit trial and follows-up with an interview with a juror. It's an interesting look at what a jury is thinking behind closed doors.

PIT BULL ATTACK

We recently posted a guest column on the dangerous doggy legislation. The next day, this story. Irony, got to love it.

Our legal team has carefully reviewed the legislation in question. On the whole, we still support destroying animals that attack people, especially small children. However, the actual resolution is poorly drafted, full of holes and ambiguous. It's a lazy effort, all too common with our current administration and our current council. It doesn't even provide exceptions for canine attacks on elected officials or activists.

DOGGY STYLE - PART II

Part Two of Mahlon Goer's guest column on Troy's new bad doggy legislation.

Death by penis?

But whatever. Most politicians want to be able to say they did SOMETHING. Right? ANYTHING. Whether or not the law is enforced is another matter entirely. So, what exactly did the city council do for Troy?

In Troy, a dog can be found dangerous without having injured anyone or anything. A dog can also be found dangerous for "attacking" any other animal without provocation.

So, if your dog chases the squirrels in your backyard? Technically speaking:
DANGEROUS

If your dog scares the bejeezus out of the neighbor's cat that is once again poking through the iris next to your driveway? According to the Troy City Council:
DANGEROUS

If your dog should go after a mouse . . well, okay, you get the point.

And what are the consequences for a dog that "attacks" another animal -- any other animal -- in Troy?





DEATH

You got it. Mandated euthanasia. No ifs, ands or buts about it. Judges have no options. The city council just removed any discretion they had.

And if your cat-hating dog somehow escapes the death sentence? Better enjoy the time left to you because that'll be the last dog you'll ever own. For as long as you live in Troy, at least.

But don't forget the chain. You will have to walk you dog on a 3 foot, 300 lb rated chain. Never mind that it doesn't have a wrist loop to hold on to and doesn't have a clip to attach to your dog's collar. Never mind that under that law it would be perfectly fine to send a two-year-old out to walk the dangerous dog on the 3 foot chain.

So sad. So unnecessary. So unfair.

And so very, very inefficient.

Here's what we want to know: How does Councilmember Wojcik and his colleagues on the Troy City Council envision enforcement of this mess?

Just in certain areas of Troy? Are the new sanctions just for the emasculated, penis-envying owners of pit bulls? Because unequal enforcement of the law is illegal. Justice is blind.




Isn't it?

More importantly: When are Troy's public policy makers going to get serious about a dog bite prevention program for school-aged children? All of these ordinances and death penalties are too little, too late. Why wait for another bite to happen? How about enforcing leash and licensing laws starting today?

Wake up and smell the dog!

In their zeal to hop on the breed profiling bandwagon, Councilmember Mark Wojcik and the entire Troy City Council seems to have lost track of a few basic facts. Such as. . .

Not a single reputable organization with any expertise and experience with the issue of dogs and public safety supports the negative stereotyping of pit bulls, or any other breed of dog.

Not the New York State Veterinary Medicine Society, American Kennel Club, American Veterinary Medicine Association, American Dog Owners Association, National Animal Control Association, American Society for the Prevention of Cruelty to Animals, Humane Society of the United States, and many, many more.

The Supreme Court of New York State found that insufficient evidence has been offered to indicate that pit bulls are naturally prone to viciousness or violence, or are unsuited to domestic life - Supreme Court of New York, Appellate Div., 11/24/98

Pit bulls are extremely popular dogs, the vast majority of which are owned by loving and responsible owners.

Oh, yeah, and 44.9% of households include a dog these days, according to the latest surveys. Which makes dog owners one heck of a big voting bloc.



So wake up Troy! My dog votes! Does yours?



Mahlon Goer, member, Dog Federation of New York

DOGGY STYLE - PART I

We were taken to task for supporting the dangerous dog legislation that recently passed by the Troy City Council. Here's another take on the legislation from Mahlon Goer, today's guest columnist.

Penises, Politics, and Pit bulls:
A Cautionary Tale
By Mahlon Goer

The rhetoric from Troy on dangerous dogs hit a few speed bumps this spring. Picking our way through the wreckage, we noted that City Councilmember Mark Wojcik led the charge against pit bulls.

Quoted in the Times Union:

We wish we could outlaw pit bulls. . .We want to make it as hard as possible for anybody who has a pit bull in this city." - Troy City Councilmember Mark Wojcik

From the Troy Record:

You can drive through certain areas of Troy at any given time
and see pitbulls all over the place. - Troy City Councilmember Mark Wojcik

This same lawmaker, elected public servant, and, it seems, dog expert, social scientist and psychotherapist, also apparently believes that:

the 'pit bull' is the dog of choice of the drug dealer, the street-level criminal's security or perhaps an emasculated male with penis envy. - Troy City Councilmember Mark Wojcik

Penis envy??? Oh, my.

Is Councilmember Wojcik concerned with problem dogs and problem dog owners, or is something else going on here? Anyone who owns a pit bull, anyone at all, who perhaps lives in certain areas of the city. . . is associated with drug dealers, street-level criminals and even emasculated males with penis envy? Is that the message?

Why profiling is a bad, bad thing

Councilmember Wojcik should be forewarned that this kind of distorted message, "the negative stereotyping/profiling/discriminatory kind of message”can backfire in a big way. Just ask ex New Jersey State Police Superintendent Carl "Driving While Black" Williams, for example.

Or maybe the U. S. Department of Justice, fresh from settling a civil right's suit on behalf certain areas in Chicago.

Or, best yet, check out a recent piece in The New Yorker magazine entitled 'What pit bulls can teach us about profiling' in which noted author Malcolm Gladwell quotes New York City Police Commissioner Raymond Kelly:

We have a policy against racial profiling. . .It's the wrong thing to do, and its also ineffective.

Speaking of ineffectiveness, lets get back to Troy.

The City of Troy is barred by New York State law from enacting local law based on negative breed stereotypes. In other words, Troy is prohibited from creating bad legislation which would collaterally penalize the vast majority of caring and decent dog owners with well-managed dogs.

So, on May 4th Troy's city council moved to strengthen the city's dog control laws.

For the second time in three years.

Yup. Three years ago Troy amended the dog control ordinances. And animal control failed to enforce those changes. . . More recently, the city council brought in legal counsel from the NYS Dept. of Agriculture, and was told that Troy already had good ordinances on the books.

Part-II tomorrow.

DEMOLITIONISTS V PRESERVATIONISTS

The recent removal of the Cinema Arts marquee stirred the public to action. Many (we'll call them preservationists) were disturbed that an historical building (the CA), in an historical section of Troy, was unnecessarily altered without following the proper procedures.

The outcry caused Mayor Harry to hold a meeting. Both the administration and the preservasionists were able to voice their concerns on a variety issue. Then, Mayor Harry threw down a challenge. He challenged someone to buy and rehabilitate a property on 8th and Hoosick. The property would be auctioned off for $1.00.

It was a cynical move and not a challenge at all. It was a trap and far too many people fell for it.

We have driven by the property numerous times. It is, in a word, a dump. A shell. Perhaps there's a chance that the inside is in better condition than the outside, but that seems doubtful. Who in their right mind will buy the place and rehab it? Rehabing that building would be rehabilitation in name only. It does need to come down.

The challenge was a cheap, bush-league shot aimed to humiliate the preservationists, many whom the Mayor has called liars. The challenge detracts from the real issues of balancing preservation with new construction. Troy does have fine building and many of them would be worthwhile to rehab. The 8th and Hoosick property isn't one of them.

Harry should start spending the money earmarked for preservation. None of it has been spent (along with the money for paving etc). He's more than likely sitting on the cash until next year, an election year.

The preservationists must realize two things: not every building can or should be saved. They must also realize that people who purchase property should have a right to do with that property what they will.

It's a worthwhile debate cheapened by Harry's infantile challenge. The challenge was a cheap, bush-league stunt designed to make concerned citizens look like failures when the property in question is ultimately demolished.

QUICK UPDATE

When we read stories like this, it boggles the mind.

A Capital Region man is among three Hartwick College fraternity members accused of forcing a pledge to do push-ups in urine-soaked garbage containing broken glass.

I'll let a bunch of jerks degrade me so I'll be able to hang out with a bunch of jerks? We are unable to confirm whether or not Congressman Sweeney was at the party.

Then there is this little story, from the great state of Missouri.

BLACK JACK, Mo. - The city council has rejected a measure allowing unmarried couples with multiple children to live together, and the mayor said those who fall into that category could soon face eviction.

How long before our pack of Neanderthals enact similar laws? We probably shouldn't give them any ideas.

We should have some interesting posts on the Carignan lawsuit soon, perhaps in a few weeks. Seems a few people in City Hall are very nervous.

THIS WEEK

Yesterday was Mothers Day so Happy Mothers Day to all you Mothers. We hope it was an enjoyable day (despite the weather).

Posting will be light this week. Another parole hearing. This time I think I have a chance.

Someone pointed out, rightly so, that we may have jumped the gun in our support for the 'Viscious Dog" legislation. We'll try to re-examine that next week. We may have. In retrospect, it does seem overly broad, much like the initial version of the recent "junk car" legislation. However, we still oppose introducing sharks into any local waters.

There's also been a lot of talk about demolition v. restoration following the marquee removal a few weeks ago. If you recall, Troy's Department of Fuck-Ups jumped the gun in taking down the Cinema Arts marquee. Franco's written on that topic exstensively.

And, of course, let us not forget Harry's recent sign silliness.

So, talk amongst yourselves and play nice.

SIGN OF THE TIMES

We were too busy sorting through our Tara Lipinski photo collection to post about this story. Therefore, please welcome our guest columnist, Vespasian, fresh from the Circus Maximus.

According to The Record, Troy has have adopted a new policy prohibiting people from taking photographs of children ice skating at a public arena. The NYCLU has threatened to sue the city unless the policy dropped.

I found this story interesting because (1) I believe I can offer our Mayor some constructive criticism regarding his public relations tactics and (2) this policy is stupid.

According to The Record, Hizzoner said the following with respect to the NYCLU: "The same group that is fighting the use of surveillance cameras to protect residents in high crime areas is now arguing against a policy involving camera usage that aims to protect the youngest and most vulnerable members of our society. That is very ironic." Priam, Tutunjian is not.

I'm fairly removed from 10th grade Latin, but as I recall, irony entails some sort of twist, wherein the opposite of what is expected actually occurs. For example, it would be ironic for the Mayor to condemn meatball wedges.

So, here's my suggestion for the Mayor: Change your quote to the following: "The same group that is fighting the use of surveillance cameras to protect residents in high crime areas is now arguing against a policy involving camera usage that aims to protect the youngest and most vulnerable members of our society. That is very typical of people who so clearly hate America and it is definitely not ironic." Not only does this amendment correct the Mayor tryst with creative vocabulary, it also puts the enemies of all things good and righteous against the ropes, just like Frazier did to Ali.

But let's take a step back for a moment. Caligula tried to prohibit frescos from being made of the young, strapping, gladiators at the coliseum- and look what happened to him. Now, I'm not saying that Deputy Dan is going to round-up a few praetorian guardsmen and have the Mayor removed. Dan doesn't have the sand for that.

No, the real problem with this policy is that it is just plain stupid. It's similar to regulating the ownership and use of handguns because a few bad apples might actually kill people with them. Actually, its worse than that. It's more like outlawing shooting targets because it will make those bad apples better shots.

In addition, it affords special treatment to a class of children that doesn't include my kids - kids you can be proud of. Why should they be afforded special treatment? Next thing you know, Hizzoner will be trying to outlaw chocolate because some people overindulge and become obese.

Now wouldn't that be ironic?

Vespasian

Although we chose to publish Vespasian's Editorial, we must disagree. We support Harry on this one, despite the fact the new policy may adversely impact Lansingburgh's budding Japanese tourist trade.

We support the policy so much, that we've implemented our own, similar policy. We've blackened out the faces of the various politicians over on the right. It's our hopes that such steps will reduce the salacious quality of those images and prevent someone from taking matters into their own hand.

Our suggestions, unlike Vespasian's, are designed to aid our Mayor rather than poke fun at him. First, how about a sign that prohibits pedophiles* from the ice skating rink? We just thought it would cut out the middle man. Secondly, photos of the sign tend to make you look silly. We suggest a companion sign. Something like:


Finally, increase the penalty for disobeying signs.

*Pedophile derives from the Latin pedophilia, meaning lover of bicycles.

THANK YOU

We'd like to take some time to thank all those who linked to the Joe Cavallaro interview. For a 'lil 'ol blog like ours, the interview was a success. The week the interview ran, we doubled our readership (which promptly sank back down to 170 a day last week).

So, thanks go out to:

Upstream;

10,000 Things;

York Staters;

The Record's Talespin;

and the New York Daily News Political Blog.

Check out Dish and Dirt, an interesting and entertaining blog about dinning in and around Troy. Enjoy.

COUNCILMAN HOPES TO CURB DOG ATTACKS/PENIS ENVY

The Troy City Council recently enacted "Vicious Dog" legislation that would, in part, increase fines for owners of dogs that attack people or other animals. The legislation applies to any dog that attacks, but we all know it's primarily aimed at 'Pit Bulls' and other attack dogs.

At the outset, let us say that we whole-heartedly support the law. We know the arguments: it's how the dog is raised and trained, it's not the particular breed.....That may be so, but the legislation does not single out a breed despite the fact that certain breeds will be impacted more than others. The fact is, 300 people a year die in dog attacks and pit bulls are responsible for a majority of those deaths.

Pit bulls are like Germans. Sure, you can meet nice ones, but overall their track record for the last century ain't great.

Recently, a disgruntled RPI student sent an e-mail to Councilman MarkWojcik:*

From: Justin Stone
Sent: Monday, May 01, 2006 11:20 PM
To: Citycouncil.
Subject: Mark D. Wojcik

Regarding your policies on pitbull ownership,

I am a RESPONSIBLE pitbull owner who attends RPI and I am appalled that
a person with such obviously limited intelligence could ever obtain a
political office. Anyone who has done even the most minimal research
knows that pitbulls as a breed are not even near the top of the fatal
bit list. My pitbull is temperament tested, well trained, and handled
responsibly at all times. Yet you still desire to make it "as hard for
me as possible" to own my dog. The reason breed specific legislation is
illegal in New York State is because individuals much smarter than
yourself realized that the problem is the irresponsible owner (of any
breed) and not a specific kind of dog. Please, do some research (it
involves thinking I know) before you consider attempting anything more
drastic in your pointless crusade against one of the most loyal and
people friendly breeds. If you continue down your current path you will
discover that many pitbull owners are as determined, energetic, and
loyal as the dogs they love.

Sincerely,
Justin Stone

A rather rude, impolitic e-mail for someone who'd like a councilperson to address concerns.**

Mr. Wojcik responds:

Mr. Stone,


Thank you for your interest in our proposed legislation concerning "vicious
dogs" on the Troy City Council agenda for the May 4, 2006 meeting. I have
to be honest though, I have to question your credibility as a college
student attending RPI. Being very familiar myself, of the various type of
writing assignments required of matriculated college students, including
research papers, technical manuals and fictional and non-fictional essays, I
sense that there was a obvious lack or interpretation of the facts as
presented in your e-mail.

First, to correctly state the facts about pit bulls, they have been bred
through the centuries as a dog trained for attack fighting. They also
possess characteristics that almost all other breeds of dogs do not possess
such as an extremely low inhibition to attack as well as the propensity to
maim or kill, whereas most other security dogs would back off.

But maybe you are offended that we may be "stereotyping" the pit-bull. If I
am to be guilty of stereotyping the pit bull, I guess it would be because of
the numerous attacks that have been initiated by a particular breed. Maybe,
it is also because the "pit bull" is the dog of choice of the drug dealer,
the street-level criminal's security or perhaps an emasculated male with
penis envy.

And finally, on a personal note, and as a dog-lover, I can't understand why
people need to buy or adopt a potentially very dangerous dog, when the
shelter puts down hundreds of homeless dogs every year. And why people feel
that it is acceptable to harbor these dogs within an urban setting. Great
white sharks don't attack all people, but I wouldn't put one in the Grafton Lake's State Park either.

Hopefully, the legislation will curb both dog attacks and penis envy, two worthy goals. We also applaud Mr. Wojcik for his brave stand against introducing Great White Sharks to Grafton. That needed to be said and he's the only elected official speaking out against such a proposal. In fact, we imagine a Great White in Grafton Lake would be quite dangerous for the few hours it survived in fresh water.

Let's make sure this never happens!


A story related to the legislation?


* We received a copy of this e-mail from an unusual source and because of that are not totally convinced of its authenticity.

** Moreover, we don't know why this legislation would make it difficult for Mr. Stone to own a lovable, loyal pit bull that doesn't maim and maul other living creatures.

ZERO TOLERANCE

In keeping with the city's 'zero tolerance' for code violations Mayor Harry Tutunjian announced that the Corporation Counsel's Office will be demolished.

"They've had too many violations," said the Mayor. "First Bauer and now Spargo. We gave them twenty-four hours to remedy the situation and they failed to comply." Bauer (now President of the City Council) and Spargo are slated for demolition next Tuesday.

Don't worry, Bauer and Spargo will not be harmed. There's no actual zero tolerance for Judicial Ethics Code violations. Not in Troy.

What do you get a judge that has been de-benched for unethical conduct? Normally, that judge is ostracized. In Troy, they get put on the public dole.

There was Hank Bauer, booted off the bench for his unwillingness to follow the law. He took haven in Troy's Corporation Counsel's office before being elected to the City Counsel.

Now, disgraced judge Thomas Spargo joins the team.

Interestingly, Spargo's ethical lapses were not an impediment to public service in Troy. As mayor Harry said, in the afterglow of a Spargasm:

"To me, it doesn't mean anything," Tutunjian said. "We are searching for talented attorneys to help us run the city of Troy. To have someone of Mr. Spargo's caliber on our team is a bonus."

Really, Harry? Doesn't mean anything? Read the decision, Harry. Let's take a look at what Spargo did.

Essentially, Spargo shook down lawyers to contribute to his defense fund (ironically, this was much worse than the underlying allegation). Those lawyers had cases pending before Spargo. The findings of fact and the decision can be found here. * So, Harry, that doesn't mean anything to you? Well, now we know where you stand on ethics.

There's also a questions about whether hiring Spargo is legal. We could care less where Spargo lives, or anyone else that works for the city for that matter. But, to hire a shake-down artist and then say it "doesn't mean anything," abandons any pretense to ethics.

In another story, Harry compared Spargo to Derek Jeter, a completely ludicrous comparison. First, Jeter is a shortstop, Spargo an attorney. Even if he were a ball player, Spargo would not be a shortstop. More like a Gold Glove first baseman. Secondly, Jeter has not been forced from the lineup for throwing games. Jeter has a .315 lifetime average. Spargo only hit .274. The better comparison is to Black Sox star, Joe Jackson. Jackson was a talented, amiable man. He was also a crook.

At the very least, Harry could level with us. He's probably helping Spargo pad his pension. That's what politicians do, they help each other out. In this case, it's rewarding highly unethical behavior and Troy deserves better.

Interestingly, Corporation Counsel Dave Mitchell mysteriously resigned his judgeship up in Ballston Spa. Then, of course, he sued the village. Isn't that like suing the good people of Ballston Spa? There's nothing in the articles to say Mitchell did anything unethical. The resignation from the club however, is intriguing.

Zero Tolerance? Not for Judges that violate ethical standards. They're always welcome in the Home of Uncle Sam.

What do we tell the children?


* A close reading of the decision makes you wonder why some other people are not in hot water

GUEST COLUMIST

Another guest post from the very thoughtful Politicus Ebonus Abyssus:

The Troy City Administration continues to implement programs that look pretty but that do little to move the city forward. While Harry understands fluff and pageantry, he has no understanding of the substantive changes that this city needs to grow and become viable. Harry reminds me of an ice skater who cannot do the triple lutz but looks good in the outfit (Try sleeping with that vision in your head!) – all show and no stay.

While Harry has touted the paint and sidewalk grant programs and the zero tolerance policy for code violators on the radio as improving this city, these only deal with cosmetic problems. Such programs do little to attract businesses and to improve the infrastructure. A better example of this is how the city repaired the streets last year. While many intersections were paved, little was done with the remaining portions of the streets. Did Harry believe only the intersections had potholes? Better yet, does Harry think that the citizens of Troy are so stupid that they believe that the streets were repaired just because the intersections got paved? A slight of hand does not get the job done, Harry.

More businesses are closing, leaving more vacant building, lots, and storefronts, ultimately reducing the tax base and impacting on revenues for both the city and the school districts. The water delivery system continues to be ignored unless a pipe breaks. This city needs to create programs that attract and retain businesses, address a sorely aging water infrastructure, and create more homeownership. Illegally knocking down a historical sign because it belonged to an adult movie theater while leaving the scaffolding up at Proctors, which had a similar problem, only shows that the City’s administration true motivation is political and self-serving, not moving the city forward

SAY IT AIN'T SO, JOHN

Congressman John Sweeney has wrapped himself in controversy this week for allegedly getting plastered at a Union College Fraternity party. It's made the news and has been featured here and here, among other places.

After reading the articles, all we can say is, shame on you, John. How can you disgrace New York's 20th Congressional District with such outrageous behavior? Resign now and salvage some dignity. Really, John, Keystone Light? Come on! If it had only been Sam Adams (especially the Winter Lager), you might have survived this incident. But Keystone Light? Disgraceful. Have you no shame, man?

In all seriousness, we must defend Congressman Sweeney. Let us surmise he was intoxicated and there were people under age at the party. Has it come to such a point that public figures can't do anything a little off-color? Must they be sterile automatons, worried that every aspect of their private, as well as public lives, will be scrutinized? Sure, Keystone is an awful beer and it was a poor choice, but it was a frat party. It's not like they can afford a half-keg of McEwan's. And we should offer thanks. We're lucky Sweeney wasn't caught rushing the fraternity, using his ass cheeks to drop bing cherries into martini glasses. Now that would be news. Besides, Sweeney committed no crime. It's not as if he were a black man riding his bike in Troy.

Now, lets take a look at the photographs:


Forget Sweeney (who looks like he's passing something other than legislation): We like Bob Marley there, back in the corner. What exactly is he smoking? Is it a 'straight' cigarette or perhaps something more aromatic. Perhaps some fine, Guatemalan North Slope Trip Weed?

Finally, a word to the kids. Fella's, hanging with a congressman at a party is slightly less interesting than hanging with your dad's accountant. It's so sadly establishment. Now, if it's the '50's, and you get a photo with Kerouac, that's cool. The '60's, Mick Jagger. But a congressman? Very lame, indeed.



Later this week, Harry has a Spargasm.

SIGNS - PART II

The following is Part II of our interview with Joe Cavallaro.

When we last left our hero, he had been arrested by the New York State Police. His crime? Trying to speak with someone in John Faso's Albany Office. Warning! The content of this interview may not be suitable for those over eighteen years of age or older.

TP: So they took you to Hunter.

JC: Yes, I was fingerprinted and all that.

TP: Did they say what you were charged with?

JC: Well, after everything was done at Hunter, they transported me up the throughway. It was a whole big production. Another trooper met us about halfway and I was transferred to that car and taken in. It was some special trooper unit, the Executive Unit. Like the Gestapo.

TP: What were the charges?

JC: Aggravated Harassment in the 2nd Degree. Judge Herrick came and arraigned me. It was the only time I've ever been arrested so I didn't know anything at all. Then, a sergeant comes in to talk with me. He says, 'You know why you were arrested, don't you?' It was for calling Faso's house. He said, 'You're not being charged with that but that's why you were arrested.' The trooper looked surprised when I told him that Faso's phone number was in the phone book. He also said that since I had no record they'd probably give me something called an ACD or ACOD.

TP: He tells you that the phone calls to Faso's house caused the arrest but that's not part of the complaint? So you have to go up to Albany, where the office was located rather than stay in Greene County?

JC: Exactly. Afterwards, I was released.

TP: How many court appearances did you make?

JC: I had to go up there seven or eight times. The trial was adjourned once, at my request. It was scheduled for June but I was working with the Sheriff Department's D.A.R.E Program on an event for kids. I guess I'm a real menace to society.

TP: Who was your lawyer?

JC: Mark Mishler, a civil rights attorney. I spoke with a few lawyers. Many of them said I would lose and they didn't want to get involved. I went to a few lawyers who didn't want to get involved.

TP: What were your legal fees?

JC: About $5,000. My business also took a hit.

TP: Did the prosecution ever make you that offer? The ACOD?

JC: Yes, an ACD. Something where if I stayed out of trouble for six months the charges would be dropped. I said I couldn't do that. I wasn't brought up that way.

TP: This circus actually went to trial?

JC: About a year later. A day or two before the trial, my lawyer calls and is nervous. He had just found out that Paul Clyne was going to prosecute. I didn't know the name but my lawyer said that Clyne had the law in his blood, was Mr. Justice or something like that. One of the top guys in the office. I was light-hearted about it and actually ended up helping him relax.

TP: Who was the judge?

JC: Judge Duncan. Great guy.

TP: How long was the trial?

JC: It went into a second day before the prosecution ended its case.

TP: Did you have to put on a defense?

JC: No. The judge dismissed the case.

TP: Was Faso there when the case was dismissed?

JC: Yes. Because we subpoenaed him. In fact, we subpoenaed eveyone involved. Everyone that spoke to me at the office, the trooper, everyone. The only person I didn't subpoena was Mrs. Faso. She was the only one that didn't hang-up on me. She was nice and I wanted to show her more respect than Faso showed my wife.

TP: Why did you subpoena Faso's staff? Weren't you afraid they would lie?

JC: No. I just knew that they would tell the truth. I just had a feeling that under oath, they wouldn't lie.

TP: Did they lie on the stand?

JC: No. They all told the truth. They said I was polite and courteous. And the tape they played showed that also. Linehan made a terrible witness for the prosecution. At one point she testified, about me calling the Albany Office, "You don't call the White House and ask to speak with the President. It doesn't work that way." Can you believe that?

TP: You're fucking kidding me?

JC: No, I'm not. She also said that it was office policy that, because of my geographic location, that I speak with Elaine Martin, in the Coxsackie Office. Harry Spector, a spokesperson for Faso, later said that there was no such policy.

TP: What was your sense of Paul Clyne in all of this. Was he enthusiastic or did he look embarrassed?

JC: Embarrassed. He wasn't into it at all. I figure he's probably got murder and rape trials to prepare for and his boss tells him to go do this. No, he didn't want to be there.

TP: Did Faso ever apologize?

JC: No.

TP: So Faso is in the courtroom, at least one day. Presumably, and he's a lawyer, he could have brought this nonsense to an end. He didn't?

JC: No.

TP: Did Judge Duncan admonish the prosecution or did he just dismiss the case?

JC: No, he kind of went after them. He did say my phone calls were for a 'legitimate constituent concern.'

TP: Did you ever get the signs?

JC: Yes. I called my state senator, Senator Bonacic. Had the signs within the week.

TP: Did he have you arrested first?

JC: No.

TP: Has anyone contacted you about putting up a 'Faso for Governor' sign?

JC: No.

TP: Have you contributed any money to the Faso campaign?

JC: Yeah, I'm taking out a second mortgage so I can contribute.

TP: If Faso is elected governor, do you think there may be an increase in anti-sign behavior?

JC: Absolutely. It might be very difficult to drive to New Jersey, unless you already know the way.

TP: Has this effected your business?

JC: Yes. I've lost customers, especially customers from the local area. You see, in a small place like this, no one wants to rock the boat. The politicians control everything and no one wants to get on their bad side. A lot of people here have jobs with the town and county and no one wants to be on the bad side of any politician. Even the Democrats. I went and spoke with the Democratic Town chair a few days after my arrest. She wasn't interested in what had happened.
On the other hand, the further you get from Hunter, the more support I got. People will stop in and tell me they respect me for standing up for myself and not rolling over. The story was in a lot of the papers and people remember.

TP: Is contacting your elected representative a gateway crime? If you're willing to do that what's next? Leaving the room without turning off the lights?

JC: I don't think so. I've been clean ever since.

TP: Any advice for someone who may want a sign?

JC: Make sure your re-dial button works.

TP: What type of governor would Faso make?

JC: Can you imagine? Look how he treated me when he was only an assemblyman.

TP: Thanks for your time.

JC: Thank you.

TP: Never call us again or we'll have you arrested.

PART II

Due to overwhelming demand and great feed-back (plus a family emergency), we'll be posting Part II of our interview with Joe Cavallaro tomorrow. Stay tuned.

SIGNS

Joe Cavallaro resides in Haines Falls, in the Town of Hunter, Greene County. He has lived there since 1973, after moving there from Brooklyn. Mr. Cavallaro owns and operates the High Peaks Motel and the Twilight General Store.

In 1998, Joe Cavallaro was arrested for the first and only time in his life. His crime? Trying to speak with someone in John Faso's Albany office.

We were lucky enough to sit down and discuss this incident with Mr. Cavallaro. We thank him for his time and hope you enjoy this glimpse into the character of John Faso, a man who wants to be our next governor. So sit back and enjoy the show. And now.....




TP: To start off, are you a Republican, Democrat or other?

Joe Cavallaro: Registered Conservative.

TP: Have you ever voted for Mr. Faso?

JC: Yes.

TP: Why did you initially contact Mr. Faso's office?

JC: I had been approached by someone about my store being a designated Official Forest Preserve Information Station for the Catskill Forest Preserve. I'd get two signs. People hiking, camping or whatever, could stop in and get information about where to go, things like that. You know what the signs are? Two pieces of wood with yellow lettering. One for the store and one would go on the road. I thought it be good for business and for the area.

TP: How soon did you expect to get the signs?

JC: A few days before all this happened, I was talking with some Schenectady big shot who said, 'Joe, it'll take months for you to get those. Call someone.'

TP: Who did you call?

JC: My Assemblyman, John Faso. I called his Albany office. I thought someone in the Albany office could get something done.

TP: Who did you talk to on that first phone call?

JC: A staffer. I never even got the word 'sign' out of my mouth. Before I was arrested, if you asked anyone in Faso's office what I was calling about, they couldn't tell you. They wouldn't have even known about the signs.

TP: So, as far as you know, Mr. Faso does not have any irrational hatred of signs? No childhood sign traumas?

JC: I couldn't tell you.

TP: What did the staffer say?

JC: I was directed to call the Coxsackie office but I didn't want to call that office. A few years back I had called about something to do with an ice skating rink and the lady at the Coxsackie office and she was....I don't want to sound mean....like a box of rocks. You’d get nothing done with that office.

TP: So what happened?

JC: The staffer said they'd get back to me. A while later, Nancy Linehan, Faso's Staff Director calls me. She said, "You don't tell me who you are going to speak with. I tell you who you're going to speak with.”

TP: Charming.

JC: I said, 'the only person who talks like that to me is my 82 year-old mother. Then, click. She hung up on me.

TP: How many Faso staffers did you talk to when all is said and done?

JC: Two, the first lady and then Linehan. Then when I called, they hung up on me. I even sent a fax to make a complaint. I probably called thirty times and out of the thirty times, twenty-seven were hang-ups.

TP: The phone calls to the Albany office took place all in the same day?

JC: Yes. I just wanted to speak to someone. I'm a constituent. I wanted to speak with someone in the Albany office.

TP: Other than Mr. Faso, have you harassed any other assemblymen?

JC: Believe it or not, he's it.

TP: Would you like to harass my Assemblyman?

JC: Sure, give me his number.

TP: Did you ever talk to anybody in the Albany office again?

JC: Well, once, when I called back, a lady tried to talk with me. I think she felt bad about what was happening. Then, and this staffer testified to this at the trial, Linehan figured out who she was talking to and grabbed the phone and hung it up. Then I called back and I thought I was getting somewhere. They put me on hold and the next thing I hear is, "This is Trooper Roger Leavitt.” Honestly, I thought lines had been crossed.

TP: Because you hadn't called the troopers?

JC: Right. I honestly thought there was a connection problem. So this trooper starts telling me that I have to stop calling and If I don't, I will be arrested. This conversation is on tape and it was played at the trial. I started lecturing the trooper on the Constitution and all sorts of things. He even asked if the conversation was being recorded. I was like, 'do you realize what you're telling me? I can't call my elected representative's office? I was courteous, but I couldn't believe what I was hearing. I actually asked him how he could take a politician's word over mine. I told him that in a recent poll, politicians ranked below used car salesman for trustworthiness. When they played the tape at trial, the Judge said that I had been right on the law. Both the Judge and the jury laughed about that tape. Anyway, I even gave the trooper directions to my home.

TP: At some point, you call Mr. Faso's home?

JC: Right. The next day, I'm in my store and I think, 'what do you do when an office is out of control?’ You call the top dog.

TP: Woof, woof.

JC: So I called Faso's house.

TP: How did you get his phone number? Did you contact some underground network or pay big money for it on the black market?

JC: I used the phone book. A friend mentioned that he had had a problem and called Faso at home. I asked him for the number and he said, “I think it’s in the phone book.” We looked it up.

TP: What kind of phone book? A special, secret phone book?

JC: Just a big, yellow phone book. The kind everyone has. A third grader could have found his number. Faso's phone number was even pre-fixed with the letters, C-A-L-L.

TP: Pretty tricky on your part.

JC: Wasn't it? He wasn't home. His wife answered the phone. I just said, I'd like to speak with John about a problem. She said he wasn't home but she would give him the message. She was very nice.

TP: Did you get the sense that Mrs. Faso was being held against her will?

JC: Maybe. Probably.

TP: How many times did you call Mr. Faso's house?

JC: Well, the next day, he hadn't called me back so I phoned again. Mrs. Faso answered and said that he wasn't there but that he had been home and received the message. Later that day a trooper comes into the store, handcuffs me and carts me away. My wife started crying. I told her it would be fine.

TP: Did you go peacefully or did you contemplate some type of desperate last stand, like “you’ll never take me alive, copper!”

JC: I expected it. I wasn't really surprised. We drove to Hunter where I was finger printed and lodged. They call it ‘lodged’ like they’re taking you to the Holiday Inn. This is funny. On the way to Hunter, the trooper, and I'm not joking, stopped at The Hole Donut in Catskill to get some donuts. I couldn't believe it.

TP: In all fairness to Mr. Faso, he was a Republican Assemblyman in an overwhelmingly Democratic Assembly. Couldn't he have been very busy not getting legislation passed?

JC: True.

TP: Did you ever once, during this whole time, stop thinking about Joe Cavallaro the constituent and think about John Faso the public servant? Did you ever stop and think about how you could help serve John Faso?

JC: I did think about getting his staff some donuts from The Hole Donut.

Part II of the interview will be published on Wednesday. Stay tuned.

BLOGS OF INTEREST

BLOGS OF NOTE

Upstream did an excellent series of posts on the saga of Ralph Tortorici. The posts are worth the time and underline the problems our justice system has in dealing with people who are clearly insane but do not meet the current standard of legal insanity.

Part 1;

Part 2;

Part 3;

There's also a post on Ms. Coleman, the prosecutor.

The posts are worth a look.

Luckily, the closest we've come to a Tortorici is John Romano, another sad case.

WITCH HUNT

The witch hunt is on! It looks like the authorities are coming down hard on Doyle Middle School English teacher Brian Switzer. Switzer was arrested for engaging in on-line conversations with a 14 year-old student. He is charged with Endangering the Welfare of a Minor.

In a time when teachers are the subject of great criticism, do we really need to arrest the good ones? How many teachers are dedicated enough to use their own private time to get to know their students? It looks like Switzer really wanted to get to know his students, so much so that he even inquires about sexual preferences, puberty and personal hygiene. That's dedication and that's why Switzer wins our Teacher of the Year Award!

The victim's mother also gets a thumbs up. So many parents fail to get involved with their teenager's lives. Not this one. Not only did the mother know her daughter was 'chatting' on-line with Switzer, once the story broke, she swung into action and decided to find out what they were chatting about. That's called "pro-active" parenting and it's damn refreshing.

WORD ON THE STREET

By Huggybear

Word on the Street is that the City, in tearing down the Cinema Art Marquee, violated a court order. Looks like the CA's owner hired super-attorney Terry Kindlon. TK obtained a court order prohibiting the wrecking ball from swinging (or in this case sledge hammers). The city ignored the order. Not sure what the order was based on but it may have been something to do with the historical nature of the building. That's what we hear, anyway.

Funny, judges don't like it when their orders are ignored. Could be big trouble for someone.

Word on the Street is that the Feds will fine, sanction or otherwise spank the County for their Weed & Seed screw-ups. Not sure if they'll just have to cough up the $50,000 they "lost" or whether an actual sanction will be handed down. Wonder why the County won't have much to say and do with Weed & Seed anymore?

Word on the Street is that a 1st Street landlord has had numerous code complaints made against her building. The City has taken zero action. Could that be because she's a big GOP contributor?

Word on the Street is that Congressman John will not run for re-election. Seems he may be taking a job with Verizon. It will pay more and be a bit less stressful for the Congressman, who has recently had some medical issues.

Huggybear out!

HAPPY EASTER

We wish all our readers a Happy Easter, Passover and weekend.

We'll leave you with a few thoughts for the weekend.

SCHOOLS

There are two unaddressed items that will prevent Troy from it's supposed comeback, irregardless of which party or person controls the city: schools and the commercial tax base.

Today, we'll discuss the public schools. Troy's public schools, overall, suck.

Check out the Times Union site. Compare cost per pupil, teachers salaries, and academic achievements. Doyle Middle School and Troy High do not measure-up to schools like Shaker, who spend less per pupil and have a lower median teacher salary. Also, at Shaker, the poor students do almost as well, and sometimes as well, academically, as the 'economically advantaged' students.

That's just one school report. Although different school reports use different formulas the evidence all points in the same direction: Troy Schools are inadequate. And now, this!

We don't really know if the Troy Schools suck. That is the perception and as long as that perception remains, middle-class families will not move to Troy. These are the people you want. They work, they get involved in their children's schools and they own homes. They're not coming to Troy and they won't until something is done about the schools. If you do not think young couples with school age children research this topic, you're wrong.

Except for Schenectady, Troy residents have the highest tax burden in the area. What do you get for these outrageous rates: poor schools, garbage pick-up, some street maintenance and a park or two. That's about it. You get basic services at an overpriced rate.

A large part of Troy's future is not in the hands of City Hall or the City Council. Until the school situation is addressed, along with the deteriorating commercial tax base, Troy will, on a good day, do nothing more than tread water.

Have a nice weekend.

MARINA OPERATIONS TO CHANGE

Oh....Sit right back and you'll hear a tale....



Last Thursday, the Troy City Council voted to award the rental of the marina to Joseph Berlino. The marina is currently operated by Rob Goldman and Tim Dufel.

The change in operations comes at a bad time. The canal system opens on May 1, giving Berlino less than a month to get up and running. We also understand that much, if not all, of the equipment and other accoutrements is owned by Goldman and Dufel, who will not be leaving it behind for Berlino.

The Mayor's issue with the marina was that it operated as a port/shipyard rather than a recreational marina. Berlino will also pay Troy $1,000 plus 5% of the profits, more than Goldman and Dufel paid in the last 10 years. Goldman and Dufel also offered to pay $2,500 a year, but have only paid $5,000 and have missed some payments.

That last bit is misleading. An "offer to pay" is not a contract to pay. The City never signed the contract and Goldman and Dufel stopped payment. Why pay anything if you don't have to? Also, one would believe that Goldman and Dufel were not operating a profitable business. Again, this is not accurate. The City never made a deal to share in the portion of the business that made money.

We don't care who runs the place, but the timing is inopportune to say the least. Even someone in the business, Richard Powell, told The Record that it was too close to the May 1 date to switch operations. An amendment was put forth to table to vote until next year. It was denied. Apparently, Harry and the City Council, with years of salty, maritime experience under their belts, felt otherwise.

Seems like they're looking to squeeze out a successful business so they can rummage through the couch cushions to find some spare change. The money's running out folks. It's not an election year so prepare for a tax hike.

No matter. The Troy Marina has, and will continue to, play second-fiddle to Waterford's waterfront. That's the destination for recreation on the waterfront. Once again, Troy has let an opportunity slip away. No one administration is to blame for this lost opportunity. It's decades of mismanagement. When jails, public buildings and parking garages are built on waterfront property, there's a distinct lack of vision.

NIX ON THE FIX

Reform-minded county legislators, acting in the public interest, have killed Fasoldt's attempt to reform the process that led to the legislative pay raise last December.

Raise your hand if you didn't see this one coming. If your hand is raised you must be one of those people that is shocked that O.J. hasn't found the "real killer". The fact that Mirch was on the committee should have been a tip-off to everyone that Kelleher did not take reform seriously. The committee has accomplished exactly what it was intended to accomplish: nothing.
Republicans also refuse to concede that the pay raise was not public knowledge before their votes were cast. If, by public knowledge, Kelleher means that he opened his back door and whispered, "we're getting raises," then he's correct. Does he mean it was out in the open, debated and highlighted in area newspapers? No, it wasn't.

And why not? The rationale for the raise was that the legislature had not received a raise for many years. Supporters of the GOP majority also point out that the Rensselaer County Legislature may be one of the world's greatest deliberative bodies, second only to the Anglo-Saxon Althing. If true, why wasn't this case made to the voters before the election? Why did they lie to Talespin? Why did they do the deed during one of the busiest weeks in the year?

On the upside, according to Shawn Charniga's article (The Record, April 6, 2006, p. 8), Kelleher "shushed" Mirch at the meeting. That's priceless. On the otherhand, Kelleher said it would be unfair for a legislator to have to run in November on the lone issue of whether or not they voted for a pay raise. We'll file that complaint in the 'boo-fucking-hoo" file.

Good government marches on!