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Schenectady police officers cleared
Three had faced misdemeanor counts
Tuesday, December 9, 2008
SCHENECTADY — All criminal charges against three Schenectady police officers related to a December 2007 drunken driving arrest were dismissed on Monday. Schenectady County Court Judge Karen Drago made the ruling as a gallery populated by friends and families of the officers briefly clapped in approval. The decision meant that officers Eric Reyell, 29, Gregory Hafensteiner, 30, and Andrew Karaskiewicz, 38, no longer face criminal charges in the Dec. 7, 2007, arrest of Donald Randolph. All three had faced misdemeanor official misconduct counts. They were charged with either failing to fill out the proper form related to the arrest or failure to turn on a camera in a police patrol car. Internal disciplinary charges, however, continue to be investigated by the police department. The three, along with two others who weren’t indicted, have been on leave since late December 2007. By September, the city had paid the five nearly $200,000 to stay home. That will continue until the internal discipline review is completed. Meanwhile, a spokesman for the state attorney general said Monday the state intends to appeal Drago’s decision. That could extend the process. The state brought the case after District Attorney Robert Carney recused his office because of a potential conflict of interest. Drago based her decision on an 18-year-old modification to the state official misconduct statute. The modification, she wrote, was intended to prevent prosecutors from charging official misconduct when their original intent was to seek assault charges. The crux of the prosecutor’s grand jury case, she wrote, was an alleged assault. The case was also peppered with testimony regarding department policy. “The court was left with an impression that when it became clear that there was insufficient proof to indict for assault charges, the people then focused their efforts to indict for official misconduct,” Drago wrote. Failure to comply with administrative regulations does not rise to a crime, Drago said, citing the 1990 statute. Outside the courtroom, family members hugged. Hafensteiner attorney Michael McDermott noted the legislative intent was not to prosecute crimes for failing to follow administrative policies. “We always felt that it was overreaching to try and fit these facts into a criminal prosecution,” McDermott said. “We’re glad the judge agreed.” Reyell was represented by attorney Cheryl Coleman, while attorney Andrew Safranko represented Karaskiewicz. Safranko said the ruling now puts the case back inside the Schenectady Police Department. He said he expects Karaskiewicz to continue to oppose any internal disciplinary actions. Coleman said her client Reyell is looking forward to getting back on the job. She said they always felt the charges were overreaching. “Not everything you do wrong at your job is a crime,” she said. Hafensteiner, Karaskiewicz, and Reyell, who remain out on paid leave, were suspended without pay for a month after their September indictments. Through police department spokesman Officer Kevin Green, public safety Commissioner Wayne Bennett declined to comment on the developments Monday, other than to say the internal investigation would now be expedited. The two other officers who were not indicted but remain on paid leave are Daryl Mallard and Kevin Derkowski. They were suspended after Randolph alleged that one or more officers used excessive force and he was injured as they were arresting him for allegedly driving while intoxicated. Randolph’s family alleged that a half-dozen officers beat him while arresting him, and after Randolph tried to use a cellphone to call his girlfriend for help. Randolph was not seriously injured. Reyell was the only officer charged with failing to turn on his camera. There were at least three police cars involved in the incident. None of the others were accused of failing to have their video running, including Reyell‘s partner Derkowski, and Karaskiewicz, the initial arresting officer. But all three were accused of failing to complete a “use of force” form regarding the arrest of Randolph. The dismissals mean the only charge to stand up in the incident was a misdemeanor aggravated unlicensed operation count against Randolph. Randolph, 37, was initially charged with felony drunk driving and unlicensed operation, but those were reduced to one misdemeanor count of aggravated unlicensed operation, based on a case called weak by District Attorney Carney. Carney’s office prosecuted Randolph, but not the officers. Drago noted the state prosecutors did not present the grand jury with assault charges to consider, after it became clear there was insufficient evidence of an assault. “Without disclosing the contents of the grand jury minutes,” Drago wrote, “the court concurs with the people’s decision not to submit such charges to the grand jury.” Police union president Lt. Robert Hamilton said Monday they are waiting to hear from the city about the internal investigation. He believed it was nearing completion. Regarding the judge’s decision, Hamilton called it the right one. “It was obvious to us from day one,” Hamilton said. “You don’t get charged with official misconduct on a mistake of forgetting to fill out an interdepartmental statistics-gathering form. “You just don’t get charged with a crime.” Get ALL of our news...Click here to subscribe to our online edition, a complete replica of our print edition.
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July 4, 2009
8:44 a.m. [ Suggest removal ]
I can't believe the AGs office is going to appeal this nonsense. Govenor Patterson is cutting New York State's budget to the point of almost nonexistence and we are going to allow the Attorney General's office to waste taxpayer dollars on such a frivilous matter! Taxpayers should be appalled and demand a stop to this witch hunt of five police officers who were doing their job. This case has gone beyond ridiculous.
11:51 a.m. [ Suggest removal ]
I didn't know the their job was to beat the crap out of you .If you saw 1 person getting jumped on the street by more than 3 people you would say what a shame, what animals, but because it was the police, good job right? Another case of abuse of power.I'm sure that officer who beat someone up in the bar and yelled racial slurs is a good officer too. Officer is a job title, you are still a person like everyone else.If you choose to do what is right as a human being then you are a good officer. If you are a coward and abuse your authority, there is a God .You will be judged..
2:27 p.m. [ Suggest removal ]
Paid leave??? Unbelievable!
3:04 p.m. [ Suggest removal ]
What's ubelieveable is that it has taken over a year and thousands of public dollars to litigate this matter. Had the Schenectady PD done an internal investigation prior to turning it over to the DA who then turned it over to the AG, much of the money and time could have been saved. With all the changes and improvements the new Chief wants to make, he needs these 5 cops on the street instead of at home. Hopefully a speedy internal investigation will now follow and the men will be allowed to return to work, where I'm sure they'll run into this scumbag again.
5:41 p.m. [ Suggest removal ]
While i don't live in Schenectady...but was a cop for 23 years starting in Chicago for the County...and then taking a posistion in Omaha where i retired from, I can see both sides of this issue. here the people of the community do and have need of proper,professional public safety protection from the Police, Fire departments as well as Emergency medical responders. Yet a couple of things come to mind in all situations like this.
A: As a kid my grandparents and my parents taught me that "decent" people arent out after 11:00 pm Period!
when i asked what about police & firefighters & the like and all 4 said in strong tone Decent people are NOT out after 11:00 PM
B: I as a traffic cop for 20 of those 23 years I learned that no matter what the law may say about this ot that situation...If you are NOT out there calling attention to yourself...then NO cop or trooper,deputy sheriff can or will stop you. And Just because the US & State constitutions may give you the right to stand in front of a Jewelery store with a ball peen hammer in your hand at 3 am downtown, Doesn't mean that any reasonable & prudent person will do that...So when was the last time anyone saw a reasonable & prudent person standing on a street corner waving a hammer saying please arrest me !! And here some people think that old people then and now...still are a bunch of old fossils and don't know a thing...and are dumber than a sack of rocks...go figure...But it sure seems funny...No one every wants to see a cop unless they are hurt,dead or dying...my advice is to call your science teacher or a dairy farmer to arrest the person or people who shot,robbed or raped a family member...and see what kind of responce you get from them ...But when i was a cop...sex was dirty and the air...(even in Schenectady) was cleaner...what would i know ??
6:49 p.m. [ Suggest removal ]
Un freaking believable! The AG wants to waste more of the taxpayers nonexistent money on this case. These officers only want to get back to work but the system seems to want to prevent them from doing so.
Esteban, myself and I am sure my family take great offense at your insinuation that all people are indecent if they are out after 11:00 pm "Decent people are NOT out after 11:00 PM". My father was 20+ year veteran on a Capital Region Police Force and you will NOT be able to find a single officer, DA or community leader who did not think/believe my father is a Decent, respectful man. Why do I say this? My father spent his entire career working 4 pm to 1 am.
Shame on you for making such a generalization. Just for clarification, who do you expect to be patroling the streets after 11:00 pm or do you propose no one and let the animals aka criminals have their way with the country?
8:53 p.m. [ Suggest removal ]
HAHA What a shame Schenectady Police Department is the biggest waste of time money and badges I have ever seen. They are corrupt and more of a danger to the public then the drug dealers and criminals themselves. Its ok for them to throw eggs, beat up blacks leaving them barefoot in scotia, smoke crack, sell guns , having a police chief conduct a coccaine ring, harass women, drive drunk , break into cars, work out on duty, watch there sons bowling scotia on duty, stalk threatning and stalk there ex wives. These are all things they have been CAUGHT DOING in the last year , who know how much more they have done and havent been caught doing !!!!!!! Yeah this city is way too corrupt and also the hiring and promoting of a paid firefighter that did federal time in prison for coccaine distribution is sickening when there are a many poor blacks that are stuck at burger king because they were convicted of felony's because being arrested by this circus of a police force. I am glad I left Schenectady at 18 for the military and feel bad for my elderly parents that are stuck there because there house isnt worth a crap because of this atmosphere that the police of schdy are only making it worse perpetuating this illegal behavior and are the complete opposite of there moto of community policing but maintain the us vs them mentality having hired racist suburban cops, these cops are a 180 different then the idols they should be for our urban youth of Schenectady which hurts me everythime I read the Daily Gazette online hoping for change......
10:40 a.m. [ Suggest removal ]
WOW...I cannot believe the amount of people who are still considering these five cops innocent. Have that not heard about the justice system or are they just choosing to ignore it in order to allow these five officers to appear guilty because it gives them something to complain about? The Schenectady community needs to wake up and see what it actually going on right before their eyes. The criminals are running the damn city because police officers are not allowed to do their job. Mybigfamilyof9 seems to fail to realize that this career criminal who claims abuse of the police officers failed to show any visible marks that would lead anyone to believe he was "beat-up"! As for being idols for the youth of Schenectady, the parents and the children don't want the police officers to be their idols. Let's start placing the blame of the failures of the city on the true dysfuntional members, like the drug dealers, prostitutes and druggies!
1:47 p.m. [ Suggest removal ]
The truth of the matter is, Reyell and the other cops will lose their job and/or be tarnished for the rest of their careers in law enforcement.
1:51 p.m. [ Suggest removal ]
This suspect was also a real thug scum bag who has been arrested a million times. The officers were found guilty by the public and innocent by the courts. Now the internal affairs office will either suspend or terminate the officers and a lawsuit will be filed for millions. Just let these cops get back to work and they will NEVER forget to do a report or turn on their cameras ever again and they will hesitate when they shouldn't and it might cost them their lives. Screw the public, they have no clue what it is like to be a cop. Bunch of arm chair quarterbacking is all the public ever does.
1:38 a.m.
9:02 p.m. [ Suggest removal ]
Lets see when the internal affairs division is going to make a decision....hmmmmm keep them out another month while you ponder on what to do......Come on people what are you waiting for...?