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Mar 27, 2013 10:02 AMPublication: The Southampton Press

Items Missing From Southampton Town Police Property Room Resurface

Mar 27, 2013 11:00 AM

Southampton Town Police Chief Robert Pearce on Tuesday acknowledged that evidence—undocumented drugs and money found last year in the department’s now-defunct Street Crime Unit office by former Chief William Wilson Jr.—vanished last week, but he said it recently resurfaced.

He would not, however, provide any details.

“The items that were missing have now been accounted for,” Chief Pearce said. He refused to comment further, citing an ongoing internal probe that he has launched into how his predecessor shut down the Street Crime Unit, a specialized drug investigation squad at the heart of much controversy in the department during the past year.

The evidence—which Suffolk County Crime Laboratory analysis confirmed included cocaine and marijuana and several different types of prescription pills—was swept up from the Street Crime Unit office early last year after then-Chief Wilson said he noticed drugs and cash strewn unsecured in desks and cabinets in the room and launched an investigation. After testing, the evidence was returned to headquarters, logged into the department’s system, and stored in a locked property room.

The items were discovered missing, however, when Chief Pearce reportedly went looking for them after investigative photographs of loose drugs in the office were published in The Press on March 14. They were found on Monday in a temporary evidence lockup in the Detective Division.

Chief Pearce, who had been the division head overseeing the drug unit, Ray Perini, an attorney representing the union for department brass, and Lieutenant James Kiernan, the former unit’s commanding officer, all criticized the publishing of the photos last week.

Mr. Perini, whose client Lt. Kiernan was the supervising sergeant of the unit, said he was “livid” that the photos were published. Lt. Kiernan was suspended for nearly six months on dozens of disciplinary charges filed by Chief Wilson, many of which involved the condition of the Street Crime Unit office.

Town Supervisor Anna Throne-Holst on Tuesday said the Town Board had been informed that the evidence collected from the Street Crime Unit office was missing—and subsequently that it had been recovered.

“[The police chief] was scheduled to come to us in an executive session last Thursday, to update us. We ended up not having the executive session, because Chief Pearce was not available, so I had rescheduled it for this week,” she said. “But in the meantime, we were told today that the evidence has been located.”

The board still plans to meet with the chief this Thursday, March 28, to discuss the issue—specifically, the chain of custody protocols for evidence and whether they need to be improved.

Chief Pearce this week said it would be unfair for him to answer questions regarding the evidence’s disappearance and reappearance, since he is conducting an active investigation.

But Detective Kevin Gwinn, the vice president of the town’s Patrolman’s Benevolent Association, the union representing rank-and-file cops, said he was aware of the disappearance and reappearance because one of his union members, Officer Theresa Tedesco, the property room officer and someone he described as a “stickler for detail,” was relieved of her duties overseeing the room by Chief Pearce the day the evidence was discovered missing.

“When a PBA member calls me and tells me that she’s been relieved of her duty because drug evidence against high administration in the police department, a high-profile case, has gone missing, that certainly is not spinning tales. That’s a firsthand, factual report of what happened,” Det. Gwinn said, referring to an accusation this week by Lt. Kiernan that the PBA was “spinning tales.”

Officer Tedesco’s property room responsibilities were returned to her on Tuesday morning, Det. Gwinn said, after the missing items turned up on Monday in a Detectives Division temporary evidence closet that had already been searched as part of an audit being conducted by Chief Pearce, reportedly on Friday.

Det. Gwinn said his union was displeased an outside agency did not conduct the audit, because many administrators accused of “mishandling” the Street Crime Unit and the supervision of Police Officer Eric Sickles, a former member of the unit who became addicted to prescription drugs, were the same ones conducting the investigation.

“It was a huge conflict of interest, because the way it was being done was like putting wolves in the henhouse,” Det. Gwinn said.

He said he was also concerned about the possibility that evidence from other cases stored in the property room might now be considered tainted.

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All I know is what I read in the papers, so I need someone to check my understanding. First, evidence that could possibly implicate Chief Pearce and/or Lt. Kiernan of wrongdoing disappears from a secure property room that they had access to. When this becomes public knowledge, the evidence magically reappears in another locked room. Second, Lt. Kiernan pled guilty to four charges while on suspension, but not only was he reinstated, he was PROMOTED and put in charge of Internal Affairs. Lastly, ...more
By Chitown (21), Chicago on Mar 27, 13 10:44 AM
2 members liked this comment
Well put, this appears to stink more and more everyday!!
By sandydog21 (128), Southampton on Mar 27, 13 11:45 AM
PBR - get my back on this,

Get them all under oath!
By OU812 (161), East Quogue on Mar 27, 13 7:53 PM
1 member liked this comment
Way overdue. Where's Spota? Why are there no outside agencies looking into this?
By Chitown (21), Chicago on Mar 27, 13 10:36 PM
This reminds me of a game of Three-card Monte...Where's the evidence...can you see it..is it here...put your money where you think it is...
By V.Tomanoku (599), southampton on Mar 27, 13 11:42 AM
sometimes i wonder who's worse the police or the public
By 5-0 (44), Montauk Point on Mar 27, 13 12:02 PM
The cops are worse, as they swear to up hold the law the public does not!
By J. Totta (71), Sag Harbor on Apr 1, 13 1:40 PM
2 members liked this comment
Don't the residents of S'Hmptn have a right to know what's going on here? No one is talking. Chief Pearce won't say where/how the evidence 'reappeared', due to an 'ongoing investigation" (that he himself is conducting!). Town Board members won't say why they promoted Lt. Kiernan and put him in charge of Internal Affairs despite admitting to lying to Internal Affairs (according to another post on 27East). Lt. Kiernan can't/won't explain why he allowed Officer Sickles to remain on the job when ...more
By Chitown (21), Chicago on Mar 27, 13 12:16 PM
1 member liked this comment
It's incredible that while Kiernan is still trying to scrape the mess off his shoes he's given an office with a new white carpet. This mess won't go away until a truly independent agency like the State Police, Attorney General or the FBI conducts a real investigation without the political influences that compromise Spota's office. That investigation needs to go back to at least the last few years of the reign of Overton.
By VOS (721), WHB on Mar 27, 13 12:35 PM
1 member liked this comment
I like the turn of phrase... 'while he's still trying to scrape the mess off his shoes, he's given an office with a new white carpet". Good stuff.
By Chitown (21), Chicago on Mar 27, 13 10:37 PM
Southampton town board you MUST be blind with stupidity. It's either that or you have larger skeletons in your closet that you don't want brought to the public's attention.
The property officer goes on vacation and the drugs disappear so she is removed from her post and while she is no longer responsible for the property room they magically reappear. Lets see here now who would have access to the property room when the officer is off duty? Would it be Kiernan and Pearce? Oh my crime solved. ...more
By lifesaver (103), speonk on Mar 27, 13 1:11 PM
2 members liked this comment
The town board is more concerned about re-election or moving on to higher office than doing any work. It wants police endorsements, not trouble from the cops. Keep an eye out for their smiling insincere faces at every parade, public gathering and photo op. They just love telling us how much they enjoy working for us. Too bad that's not true. Most aren't ever in Town Hall except for required meetings. Malone, in fact, works full time for the county, yet he's pulling down 65+ grand as a board member. ...more
By goldenrod (505), southampton on Mar 27, 13 1:59 PM
I seriously doubt the Board will get an endorsement from the S'Hmpton Town PBA; the union has severely (and justly) criticized the board for trying to pin all this on Tedesco and Sickles. The problem is not the cops, but with the STPD administration and the Board. It looks like they threw the cops under the bus (or tried to).
By Chitown (21), Chicago on Mar 27, 13 2:41 PM
What a symbolic article and just in time for Easter! It should have been titled " Missing items resurrected".  Let us all bow our heads and pray for an outside law enforcement agency to come in and save what's left of Southampton town.  Are any of you mad yet?
By Geppetto (59), Southampton on Mar 27, 13 2:52 PM
Every member of Town Board should unequivocally be voted off next election. No matter who opponents may be. Voters must speak out in order for things to change.
By kpjc (157), east quogue on Mar 27, 13 4:01 PM
2 members liked this comment
Ex chief Wilson for town board, he wasn't given to green light to run the pd the way he wanted to,and the way it needed to be now let him take charge being on the board. And whoever the property officer is , I'm thinking another lawsuit. Why isn't that area where property is kept on video or some type of surveillance . Just a thought .
By Uhavegottowbejoking (3), Montauk on Mar 27, 13 4:43 PM
"Southampton Town Police Chief Robert Pearce on Tuesday acknowledged that evidence" ... "He would not, however, provide any details." - No answers, how unusual for Chief Pearce

"Det. Gwinn said his union was displeased an outside agency did not conduct the audit, because many administrators accused of “mishandling” the Street Crime Unit and the supervision of Police Officer Eric Sickles, a former member of the unit who became addicted to prescription drugs, were the same ones ...more
By OU812 (161), East Quogue on Mar 27, 13 7:52 PM
2 members liked this comment
"Chief Pearce, who had been the division head overseeing the drug unit, Ray Perini, an attorney representing the union for department brass, and Lieutenant James Kiernan, the former unit’s commanding officer, all criticized the publishing of the photos last week."

Of course, because that is always a normal reaction to have when factual evidence id made public and you have nothing to hide.

As PBR says - ask questions and see who complains the most.
By OU812 (161), East Quogue on Mar 27, 13 8:22 PM
1 member liked this comment
Ray Perini is livid? Are you kidding me? Just because Kiernan had a closed hearing does not give the man the right to run around as if he was completely innocent. Sorry Lt. Kiernan, it doesn't look as if you will pull the wool over the eyes of the public anymore. Your bid to become chief will only spurr a mob. Where is Spota?!!
By vaquero (12), Watermill on Mar 27, 13 8:49 PM
For a smart man, Ray Perini is saying some dumb things, like (and I'm paraphrasing) "The Town Board should expunge Lt. Kiernan's guilty pleas because they mar and otherwise unblemished record". Whaaa? What kind of logic is that? So, should EVERYONE'S first offense be expunged? A record is only 'unblemished' until they blemish it, Mr. Perini.
By Chitown (21), Chicago on Mar 27, 13 9:04 PM
That is also making the assumption that this is his first offense... maybe just the first one he was prosecuted for.
By OU812 (161), East Quogue on Mar 27, 13 9:10 PM
Agreed. A self-admitted liar really can't be trusted, can he? By the way, isn't lying to Internal Affairs kind of a serious deal? Is it normal for police departments to promote cops who lie to Internal Affairs? Actually, has STPD earned the distinction of being the only police department outside of Ghana to EVER put a cop who has lied to Internal Affairs IN CHARGE of Internal Affairs? Ugh.
By Chitown (21), Chicago on Mar 27, 13 9:22 PM
Apparently it is just a "smear campaign" by Wilson. It seems like the facts are supporting Wilson and as long as the truth comes out I do not care what kind of campaign you call it. Let's call it a clean up the Cr@p in Southampton Campaign - Vote None of the Above (PBR)

" He accused Mr. Wilson of conducting a “smear campaign” targeting his client." - 'UPDATE: Top Cops Dispute Charges That Street Crime Unit Office Was Strewn With Drugs' 3/13/13
By OU812 (161), East Quogue on Mar 27, 13 9:45 PM
1 member liked this comment
I have in the past proposed a sworn contract police force and municipal bankruptcy, respectively, as solutions for the STPD catastrophe. Other correspondents have noted that those remedies are untried and that the outcome would be by no means guaranteed. There is, however, an alternative recourse that is common practice and unremarkable, the disbanding of the STPD (and its replacement by patrol by county police.) While not as attractive a solution as the former remedies in that we would save ...more
By highhatsize (2469), East Quogue on Mar 28, 13 12:03 AM
While I will not disagree that the disbanding of the STPD may become a necessity, what of the town board. The corruption and cover up appears to run long and deep. The dissolution of the entire town government may be necessary.
Just look to Nuzzi, Scalera, Malone in this. Kabot, Suskind with Armstrong and back further with Heaney, Cannuscio, Theile and Kenny. I see no light in sight.
By OU812 (161), East Quogue on Mar 28, 13 12:22 AM
You are both talking out of your bung holes. The town board and stpd are going nowhere. That board will not let go of the few that work as their "enforcers".
Pearce will be hitting the road to retirement soon and the deal was struck that Kiernan will be Chief. Bill Wright and his handlers stopped caring about cleaning Kiernan up an decided that the public has a short attention span plus the fact that they have no other option than to elect the party line.

By rightbesideu (9), Hampton Bays on Mar 28, 13 12:30 AM
There's absolutely no indication that the corruption extends down into the rank and file police officers. In fact I believe they're extremely professional and ethical. The problem lies with the department's administration AND the Town Board's influence. So, I think the best solution is to take oversight of the department away from the Board (they've proven they can't do a responsible job) and put the STPD under the administration of either the SCPD or the Suffolk County Sheriff's office.
By Chitown (21), Chicago on Mar 28, 13 8:15 AM
1 member liked this comment
to Chitown:

On the contrary, the misfeasance in the STPD is pervasive. Occasionally, its officers band together to misbehave in unison, as when they choose to intimidate the Town Board by massed, off-duty, uniformed displays of force to protect malingering cops. Otherwise, the thoroughness of the rot is manifest in the weekly revelations of yet another misdeed by yet another member of the strength.

Removing oversight of the p.d. from locally elected officials and conferring ...more
By highhatsize (2469), East Quogue on Mar 28, 13 11:06 AM
Key word: Imagine.
By V.Tomanoku (599), southampton on Mar 28, 13 2:34 PM
To High Hat:

I have a stack of Southampton Press newspapers in front of me and I see very, very few stories that even remotely hint of misdeeds committed by rank and file police officers. Certainly, there are no "weekly revelations". The reality is that the STPD rank and file are hard-working members of the community. They are fathers, mothers, sisters and brothers; they take their jobs seriously and they execute their duties professionally. You, in a rather pompous way, propose throwing ...more
By Chitown (21), Chicago on Mar 28, 13 4:36 PM
1 member liked this comment
who's of first
By LI native (76), east moriches on Mar 28, 13 9:24 AM
God plus OT

= Godot
By Nero (191), Sag Harbor on Mar 28, 13 11:33 AM
Two recent retirees back on the payroll as consultants ? The town promotes people to replace retirees and then hires them back as consultants ? Are you kidding me ! Who are these two ? And what do they consult on ? What is their specialty ? And why aren't the ones being promoted ready or trained to take their jobs where they don't need to hire them back as consultants . This is a real joke . SCPD head east 8 th pct in Hampton Bays !
By Uhavegottowbejoking (3), Montauk on Mar 28, 13 12:59 PM
Defense attorneys are going to have a field day with this, not to mention the personal injury attorneys suing for improper convictions based on tainted evidence.

Where are the Town Supervisor and Board on this?

We are listening.

November is approaching.
By PBR (4490), Southampton on Mar 28, 13 10:43 PM
ATH is speaking but seems to be part of the problem too.

"Town Supervisor Anna Throne-Holst said she did not know about a federal probe and said the town is trying to move forward.
"We have dealt with the matters internally. We have done an internal investigation that has led to some disciplinary results on two officers," she said. "That concludes it as far as we're concerned."" from another news outlet that rhymes with Tuesday... hope I do not get sensored

That concludes it, ...more
By OU812 (161), East Quogue on Mar 29, 13 1:45 AM
1 member liked this comment
" . . . impudent as usual . . . "
By PBR (4490), Southampton on Mar 29, 13 5:34 AM
A good choice of words IMO, OU812.
By PBR (4490), Southampton on Mar 29, 13 5:35 AM
Newsday is reporting the feds have launched an investigation of the department. It's about time.
By VOS (721), WHB on Mar 29, 13 12:36 AM
"Power corrupts, and absolute power corrupts absolutely."

Ironic that the Town Board is focusing on private septic systems as a source of pollution.

What about this dung heap here?

Hopefully the US Attorney is willing to dig deep into all levels of government (including Suffolk County), for without sufficient excavation, a stable foundation for trust can never be laid.
By PBR (4490), Southampton on Mar 29, 13 5:43 AM
1 member liked this comment
Let's hope the U.S. Attorney is more interested in getting to the bottom of this than the Suffolk County D.A. is...
By Chitown (21), Chicago on Mar 29, 13 8:14 AM
1 member liked this comment
Will the net be cast wide enough to include the Suffolk DA's office and any favoritism over the years? Difficult to imagine mere bandaids curing what appears to be a real malignant mess.
By PBR (4490), Southampton on Mar 29, 13 11:11 AM
“As to what we needed to do to address whatever issues there were that have led to this, I’ve got three words for you: Chief Robert Pearce,” Mr. Malone said. - 'UPDATE: Top Cops Dispute Charges That Street Crime Unit Office Was Strewn With Drugs' 3/13/13
By OU812 (161), East Quogue on Mar 29, 13 10:54 AM
2 members liked this comment
to Chitown:

You have been reading selectively. Besides the successful intimidation of the Town Board referred to, (at which the rank and file union vice president, the loquacious Officer Gwinn, BERATED the sitting supervisor for daring to suggest that malingering rank and file cops be retired), rank and file members made the news recently for being addicted to prescription drugs (and invalidating arrests thereby[?]) and extending the personal courtesy of a reduced charge (a misdemeanor) ...more
By highhatsize (2469), East Quogue on Mar 29, 13 12:30 PM
How is it that someone who is so proficient in utilizing multiple fora in order to get his point across would deny the same opportunity to the officers of the STPD? There is nothing wrong with being loquacious and it is only your opinion, colored by your anti-cop attitude, that allows you to characterize as berating what others would call dialogue. Gwinn has a responsibility to his members to negotiate for their well being.

Certainly you know the difference between singular and plural ...more
By VOS (721), WHB on Mar 29, 13 1:29 PM
Well said, VOS. And nice touch with the "fora" -- that got my attention. Does that make HHS "foracious?"

Have a good weekend, all.
By PBR (4490), Southampton on Mar 29, 13 2:11 PM
To High Hat:

Although I don't use fancy words like "Tabula Rasa" and "misfeasance" in my everyday writings, I am actually a very thorough reader. And here's what I know. First, if the Town Board felt intimidated by cops showing up to their (public) meeting, then they need to grow a pair. Suck it up, it's part of the job. I wish more citizens would go to Board meetings and/or criticize their elected officials. Doing so is our duty as citizens, it is not 'misfeasance'. Second, it is ...more
By Chitown (21), Chicago on Mar 29, 13 2:03 PM
2 members liked this comment
Well said.
By PBR (4490), Southampton on Mar 29, 13 2:13 PM
to VOS:

Periodically, I am accused of having an animus against the STPD (perhaps by you) and am compelled to reiterate that I have never had a bad experience with them and that, moreover, during the period that I have been criticizing them I have written a letter of commendation to the chief of another department whose officers I observed performing their duties with professional excellence.

If I write frequently of the STPD, it is because the Press repeatedly publishes stories ...more
By highhatsize (2469), East Quogue on Mar 29, 13 4:47 PM
1 member liked this comment
So you wrote an "ataboy" letter.Not once in your ongoing trashing of the pd have you made mention of the previous leadership ( or lack therof) by name. Are you beholding to either Chief Overton or Captain Tenaglia in some way?
It wasn't the boiler operators responsible for the Titanic.
By But I'm a blank! (991), Hampton Bays on Mar 29, 13 4:57 PM
1 member liked this comment
to But I'm a blank!:

You are mistaken. When Overton was chief, I criticized his inane, labor intensive, and expensive "sting" operations that netted only recreational drug users (rather than dealers.)

The fact is that, up until recently, the PBA (and its bombastic vice-president-for-life, Kevin Gwinn) was the only STPD faction that was generating bad press. It is just in the last year that new information about the misfeasance of the SOA has begun appearing as well. If the ...more
By highhatsize (2469), East Quogue on Mar 30, 13 12:58 AM
1 member liked this comment
It's a given that you have learned all you know about law enforcement from watching tv. Now even there they show how arresting the little fish (recreational user) leads to the next one up the food chain.
But let me ask you this, the people arrested for "recreational use" were in violation of the law. Is your ego so great that you think LEO's should allow these people to walk free because YOU believe in recreational use of illegal drugs? Same goes for your claims of .08 for DWI.
Just a short ...more
By But I'm a blank! (991), Hampton Bays on Mar 30, 13 8:12 PM
to But I'm a blank!:

A department that pays as much to its officers as does ours should not use them to stage inane, ineffective and expensive P.R. stunts.

I would wish that cops follow the mandates of their consciences. It is just as despicable to make an unconscionable arrest for careerist purposes as it is to demur to a righteous one as a "professional courtesy".

By this date, only zealous, p.d. Pollyannas can ignore the misfeasance rife in the STPD.

By highhatsize (2469), East Quogue on Mar 31, 13 3:41 PM
Again, our officers are paid the same as any on Long Island. Call it a PR stunt if you like and when you get your elephant and 3rd world lackey's to provide police service you can do as you please.
No, you don't wish that the cops would follow the mandates of their consciences. Their job is to enforce laws. Period. Discretion is always an option to be used sparingly. Drug arrest of persons who come to the fun and sun of the Hamptons, are not exempt from the penal law.
Just as your friend ...more
By But I'm a blank! (991), Hampton Bays on Mar 31, 13 5:24 PM
1 member liked this comment
to But I'm a blank!:

Every time that you can manage but a feeble response to one of my posts, you try to correct its frailty by a personal attack, still not realizing, apparently, that such a ploy only red-flags your vacuousness.

I have never met Jay Sears. I defended his first and fourth amendment rights on principle. However, it is unsurprising that you misunderstood my actions since you DON'T believe that morality should determine one's behavior and DO believe that cops should ...more
By highhatsize (2469), East Quogue on Mar 31, 13 11:13 PM
2 members liked this comment
Interesting last sentence about one cause of the "reputation of the STPD" IMO, and it would be interesting to hear blank!'s counter-point on this particular issue.

If HHS is wrong, how DID the SHT PD end up being such a "real mess" as the Press said in a recent editorial?
By PBR (4490), Southampton on Apr 1, 13 7:04 AM
HHS is all over the place intellectually. One example: he derides you (and the STPD) as "moral relativists", but believes the police should interpret the law to fit the circumstances of the situation. Inconsistent thinking at its best.
By Chitown (21), Chicago on Apr 1, 13 4:27 PM
And who are thee innocents arrested for DWI that are not?
Who committed a felony and was not charged?
Who embezzled any money?
Who was using recreational drugs, and not those prescribed?
So laws making "recreational drugs" illegal are unconscionable?
You're entitled to your opinion on that, but is not shared by the legislature, and thus by the citizens of New York.
No doubt there are serious issue, big headed one, but they are issues being investigated, and not issues you ...more
By But I'm a blank! (991), Hampton Bays on Apr 1, 13 7:59 AM
to But I'm a blank!:

"And who are thee innocents arrested for DWI that are not?"

Those drivers who score .08 on a breathalyzer but who are no driving uncoordinatedly or irrationally (i.e. not "driving drunk".)

"Who committed a felony and was not charged?"

Officer Gagnon when he cold-cocked an unsuspecting victim and was charged with a misdemeanor (rather than a felony) by a solicitous STPD officer.

"Who embezzled any money?"

...more
By highhatsize (2469), East Quogue on Apr 1, 13 12:52 PM
Against my better judgment, I'll bite.
"Those drivers who score .08...." A) Why were they stopped and B) We've been through this before, why does their defense attorney not make a case for this? Nothing but pure supposition and unfounded speculation on this.

"Officer Gagnon when he cold cocked...." It was explained to you in great detail the requirements for a felony charge. Even given your statements at the time that the victims was still hospitalized days later ( when he was not), ...more
By But I'm a blank! (991), Hampton Bays on Apr 1, 13 2:05 PM
3 members liked this comment
New York State Law defines drunk driving as someone who drives a car with a blood alcohol level of .08 or higher (.02 or higher if you are 21 years old or younger). The law says nothing about 'driving uncoordinatedly or irrationally'. Those are subjective definitions, the BAC level is an objective definition. Anyone that fits these definitions are, therefore, not "innocents".

Also, officer Gagnon was not charged with a felony, because under the definitions set forth in the New York ...more
By Chitown (21), Chicago on Apr 1, 13 4:34 PM
Forget it. You are trying to talk sense to a brick.
By Chitown (21), Chicago on Apr 1, 13 4:36 PM
Gagnon was lucky the injuries were not worse.

----- LUCKY -----

Only the thin line of luck kept him out of deep trouble, and only luck IMO.
By PBR (4490), Southampton on Apr 1, 13 4:49 PM
PS -- If the attacker at Bobby Vans had been a minority, and the victim had been an off-duty or retired police officer, do you seriously think that only a misdemeanor would have been charged?

Remember the victim was unconscious on the floor and was taken to the emergency room.

The Blue Wall of Silence is coming down, piece by piece, of its own weight and inertia.

'bout time . . .
By PBR (4490), Southampton on Apr 1, 13 8:37 PM
Remember the victim was unconscious on the floor and was taken to the emergency room.

That means zilch, requirements for felony assault are what they are.
Cop or no cop it is the same. Even if the victim was one in your scenario. Keep in mind that once the case is out of the hands of the arresting officer, it is reviewed by the DA and then goes in front of the judge. Your constant reference to the TV line of "blue wall of silence" is sophomoric.
By But I'm a blank! (991), Hampton Bays on Apr 1, 13 9:22 PM
Blank!, we debated this at length in another article, and we differ in opinion on the felony issue as to Gagnon. So be it.

Please answer the question about the minority attacker and cop victim, which you dodged "chief."

Also your Ad Hominem attack ("sophomoric") is out of place. You know what my point is, and you can be sure The Wall is cracking. Call it what you want.
By PBR (4490), Southampton on Apr 1, 13 9:35 PM
I didn't "dodge" it. Please re-read my post::Cop or no cop it is the same. Even if the victim was one in your scenario. Keep in mind that once the case is out of the hands of the arresting officer, it is reviewed by the DA and then goes in front of the judge"

So to make it clear, no, I do not believe the situation would have been handled any differently.



By But I'm a blank! (991), Hampton Bays on Apr 1, 13 9:40 PM
PS blank!, don't be standing too close to the wall when it comes down!
By PBR (4490), Southampton on Apr 1, 13 9:40 PM
And a minority attacker with an unconscious coo? Just a misdemeanor charge at BV's? Yeah right, I got a bridge you might be interested in buying.
By PBR (4490), Southampton on Apr 1, 13 9:42 PM
1 member liked this comment
Apologies for what you perceive as an attack. But again I must ask, if the victim was indeed injured to an extent that would warrant felony charges, why isn't he or his attorney making an issue of it. The issue is with the penal law, and understanding it. "unconscious" and taken to the emergency room" doesn't cut the mustard.
By But I'm a blank! (991), Hampton Bays on Apr 2, 13 7:57 AM
We discussed this under one of the Gagnon articles. Please re-read those comments and post a new comment there if the issue of the attacker's "intent" (before/during the attack) is not clear. This discussion is basically OT (off-topic) here IMO. I am happy to agree to disagree on this BTW. Thank you.
By PBR (4490), Southampton on Apr 2, 13 8:28 AM
PS blank! you keep side-stepping the theoretical question of a MINORITY attacker and an unconscious cop on the ground. No felony charge would be considered by the responding LEO's? NONE whatsoever?

Are you and chief1 related by any chance? :)
By PBR (4490), Southampton on Apr 2, 13 8:32 AM
Considered? yes. Charged? no. Again, review by the DA, case (or plea) heard by a Judge, and the bad guy would have an attorney who would raise the issue that the crime doesn't fit the charges.

Apr 2, 13 9:08 AM appended by But I'm a blank!
FWIW I didn't dodge anything. Once you posted your theoretical scene, I responded that "even if the victim was one" meaning a cop, I didn't specify the bad guy was a minority, as I thought that would be clear, my friend. Have a pleasant day.
By But I'm a blank! (991), Hampton Bays on Apr 2, 13 9:08 AM
Dream on, that no felony would EVER be charged in the factual setting hypothesized incl. BV location. I thought your glasses looked a little Blue-colored. At least it is clear now.

PS I doubt if I am the only one who finds your bias obvious . . .

Over and out on this issue.
By PBR (4490), Southampton on Apr 2, 13 10:47 AM
Actually didn't Teddy make his reputation cleaning up the New York city police department? back in the day of course.
By dfree (10), hampton bays on Apr 1, 13 1:44 PM
New "real mess" article out.

http://www.27east.com/news/article.cfm/General-Interest-Southampton/457773/Auditors-Say-Police-Department-Compensation-System-Is-Easily-Abused?message=posted
By PBR (4490), Southampton on Apr 1, 13 4:03 PM
ATH is silent as are the sitting town board. I say support Kabot who has called the PD to task many times. Do not support any current board member looking for re-election. the treatment of Wilson should give us all an enlightening view of the political envionment of the current board and we need to act proactively to stop the BS within the PD. when the Feds get through it's investigation god only knows what will happen plus the many lawsuits being filed against the PD which of course we will ...more
By xtiego (379), bridgehampton on Apr 1, 13 5:52 PM
Kabot stood by Lt Armstrong who also perjured himself (sound familiar.... Kiernan) so as far as I'm concerned Kabot is still part of the problem. Hopefully a candidate will come forward who will be able to rid this town of political corruption and PD bosses who lie, cheat and steal to fleece there pockets and careers.
By mrobin (98), North Sea on Apr 1, 13 6:19 PM
2 members liked this comment
to But I'm a blank!:

Have you, perhaps, seen the Walt Disney cartoon, "The Sorcerer's Apprentice"? Your evaluation of your own performance puts me in mind of Mickey Mouse's boast of having "killed seven in one blow".

Moreover, at the risk of depriving you of one of your solitary pleasures, I will never be pulled over by the STPD since I don't fit a likely profile. To be more precise, I will never be pulled over as long as it doesn't learn my true identity. Then I will have to ...more
By highhatsize (2469), East Quogue on Apr 1, 13 10:35 PM
Lost my interest in cartoons eons ago. Then I turned 12 and learned to live in the real world. Try it.
By But I'm a blank! (991), Hampton Bays on Apr 2, 13 7:59 AM
Hat, Blank, Chief, et al,
Can't we all just get along and agree that there are some real problems in Southampton police & town board? We need and deserve answers and we all need to keep asking questions!
By OU812 (161), East Quogue on Apr 2, 13 12:13 AM
What, and move on to real solutions for Peace on Earth after the blinders come off?
____________________________________

"If you aren't part of the solution, you are part of the problem."

____________________________________



Peace on Earth.
By PBR (4490), Southampton on Apr 2, 13 6:03 AM
Agreed OU812, but facts, rather than innuendo, should set the course. That bigheaded one would blame STPD clouds the debate with the inference that STPD alone set the DWI limit at .08, that they enforce "silly" drug possession laws, and they serve as brown shirts.
All that and in the end he would give up his license if he were to be found out. He has marked himself as a sad man wearing a tin foil hat. I can't imagine living in that world. It's sad.
And in the end, changes will be made, ...more
By But I'm a blank! (991), Hampton Bays on Apr 2, 13 7:53 AM
to OU812

Hmmm. I have apparently been over-subtle. I hope that you do not share Mr. But I'm a blank!'s misconception that I would cease driving VOLUNTARILY.

It IS sad to live in a town with a rogue p.d. but I try not to let my unhappiness erode my behavior so that I respond in argument by personal denigration rather than by reasoned debate.

There are numerous correspondents on this forum who rush to apologize for STPD behavior with the publication of each new scandal. ...more
By highhatsize (2469), East Quogue on Apr 2, 13 3:34 PM
Everything needs to be out on the table. All questions asked and answered. Only then can we, the residents, make informed decisions on who we put into office to make the determination on the future of our town and all departments.
By OU812 (161), East Quogue on Apr 5, 13 1:27 AM
the BV incident could easily have mirrored the Publick house fiasco of several years ago when off duty PO was attacked by a patron. why when a PO attaks a civilian are circumstances different??
By xtiego (379), bridgehampton on Apr 2, 13 5:33 PM
Because if you talking about the same thing, it was a Corrections Officer and he was killed.
By But I'm a blank! (991), Hampton Bays on Apr 2, 13 9:09 PM
1 member liked this comment
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