Lisa Kaczmarek not only possessed cocaine, but used it and sold it in furtherance of a large-scale cocaine distribution conspiracy in which she is charged, prosecutors allege in newly filed papers.
The explicit allegations come in a new motion filed in her second-degree conspiracy case by the state Attorney General’s Office, which is prosecuting her.
The motion papers also allege she knew full well that Kerry Kirkem was a large-scale narcotics distributor, using him as her source for obtaining cocaine that she later sold.
Kaczmarek talked with Kirkem on nine separate occasions between Feb. 16 and Feb. 25, asking about cocaine shipments and inquiring about a large shipment believed taken by authorities, according to prosecutors. The telephone conversations were secretly recorded by police.
To read the complete motion by the state Attorney General's office, click here.
Previously, only two alleged conversations between Kirkem and Kaczmarek, who is the wife of former Schenectady police chief Greg Kaczmarek, had been known publicly.
In one such conversation on Feb. 20, in response to the drug seizure, Kirkem suggested a meeting between Lisa Kaczmarek and her husband. It was Lisa Kaczmarek who suggested the location — an Albany-area strip club that night.
“The people submit,” the prosecutor’s brief reads, “ … that Lisa Kaczmarek knew Kerry Kirkem was a large-scale narcotics distributor, that she knew she was part of a larger narcotics conspiracy, and that she possessed cocaine with the intent to sell it, and sold cocaine, in furtherance of this narcotics conspiracy.”
The motion comes in response to one filed in early July by Kaczmarek attorney Kevin Luibrand asking for dismissal of the case, a standard request.
Luibrand argued that the charge was based solely on a conversation, and included no overt act required for the conspiracy charge against her.
Prosecutors, citing case law, argued it was “well-settled” that such conversations constitute overt acts.
Contacted Thursday, Luibrand declined to respond to the new allegations. “Only in court,” he said.
The motion papers offer a glimpse at the prosecution’s case against Lisa Kaczmarek, whose husband has not been charged.
Prosecutors “anticipate several ‘cooperating co-defendants’ can and will testify regarding the defendant’s possession and sale of narcotics in furtherance of the charged conspiracy.”
Prosecutors dismissed one of Luibrand’s arguments, that Kaczmarek was being treated differently because her bail was more than that requested for another defendant, Leah Armenia.
Financial resources are one of the considerations with bail. Kaczmarek’s resources are greater than the comparable defendant, a single woman working at Hannaford, the prosecutors said.
Lisa Kaczmarek remains free on $10,000 bail.
A decision on the motions is expected this month.
Lisa Kaczmarek was one of 24 people indicted in May after an investigation headed by the state police.
Of those arrested, a total of 17 defendants have already taken deals and pleaded guilty. Those remaining with cases pending include Lisa Kaczmarek’s son, Miles Smith, and two people who have yet to be arrested, Wilfredo Cordero and alleged Long Island supplier Maximo Doe.
Kaczmarek faces up to 81⁄3 to 25 years in state prison, if convicted. Those taking deals, however, have generally been receiving five years or far less.
Among those taking deals were the two drug ring operators, including Kirkem, the man with whom Lisa Kaczmarek allegedly spoke with so many times.
In the latest papers, prosecutors describe nine secretly recorded conversations between Kirkem and Lisa Kaczmarek in the Feb. 16-25 span. Early conversations touch on the quality of cocaine allegedly sold to Lisa Kaczmarek by Kirkem. On Feb. 16, she indicated she wanted to try the new cocaine before she bought it.
The next day, Kirkem indicated he was getting some high-quality cocaine, which would help Kaczmarek get her customers back, “those customers having left due to prior poor quality cocaine supplied to Kaczmarek,” prosecutors wrote.
It is alleged there were the two previously known conversations Feb. 18, where Lisa Kaczmarek allegedly told Kirkem he ruined her business and that her husband, Greg, the former police chief, had offered to mule drugs for Kirkem.
Twice on Feb. 19, once at 4:28 p.m. and again at 8:26 p.m., the two talked. Both times Lisa Kaczmarek inquired whether the shipment had arrived yet, prosecutors said. Kirkem replied it would not arrive until the next morning.
The shipment never arrived. Instead, in an elaborate sting, police followed drug mule Misty Gallo from Schenectady to Long Island and back. In a staged traffic stop, police surreptitiously seized as much as $150,000 in heroin and cocaine and sent Gallo on her way.
A panicked Gallo called Kirkem after discovering the drugs missing.
At about 9:40 p.m. Feb. 20, Lisa Kaczmarek called Kirkem and learned of the apparent seizure. She asked what he thought happened. Kirkem responded that he needed to meet with her and Greg to discuss it.
It was Lisa Kaczmarek, according to the motion, that suggested the meeting location — Albany-area strip club DiCarlo’s. She and her husband would be going there that night and Kirkem should meet them there to discuss the situation.
Papers do not disclose what was said at the alleged meeting. The indictment in the case, however, has indicated the alleged meeting took place and they discussed how to proceed in light of the seizure.
The phone was quiet for three days until Feb. 23 when, according to prosecutors, Lisa Kaczmarek called Kirkem to ask if “anything is going on,” allegedly inquiring if Kirkem had cocaine, according to the motion. Kirkem didn’t, but said maybe he would that night.
The last phone call cited was Feb. 25, with Lisa Kaczmarek calling Kirkem to see if he was “laying low on what they wanted.” Kirkem responded he was “laying low” on everything.
Lisa then asked if she could get something from “the houses,” identified by authorities as Kirkem’s various sales locations.
Kirkem’s response was “no.”