Andrews

A Democrat has emerged as a possible candidate for the 43^rd Senate District, a race that’s been dominated by the Republican primary between Sen. Roy McDonald and Saratoga County Clerk Kathy Marchione.

Robin Andrews, the supervisor in the Columbia County town of Claverack, is set to interview in front of the Rensselaer County Democratic Committee tonight and will likely get the nod.

“I’m impressed with Robin’s credentials and her ability to win,” said Rensselaer County Democratic Party Chairman Tom Wade. “She certainly appears to have the drive necessary to conduct a competitive campaign.”

Andrews is in her third year as supervisor of Claverack and, according to her website, she is a budget and planning consultant for magazines including ESPN, Wall Street Journal and Yankee.

McDonald

Marchione

The 43^rd District has been a Republican stronghold and while the enrollment still gives the GOP an advantage, the dynamic has changed a bit with the new lines. The 43^rd now includes all of Columbia County, where Democrats now outnumber Republicans 12,825 to 12,325 as of April 1, most of Rensselaer County, minus most of the City of Troy and the City of Rensselaer, a chunk of Saratoga County and two towns in Washington County.

But, more noteworthy than enrollment this year is if McDonald and Marchione stay on the ballot. They are already rumbling for the Republican line with each camp touting different committee endorsements and Marchione is likely to get the Conservative Party endorsement – thanks to McDonald’s vote for same sex marriage last year – and the Independence Party has pledged to support McDonald. A three-way race with two Republicans on the ballot obviously helps out the Democrat.

 More information as it becomes available.

Dave Dean

Wow, you guys are harder than herding cats. I throw something out there – the last post about the verbal sparring  between Councilman Mark McGrath and Ken Zalewski - and you want to talk about the Street Crimes Unit, which McGrath wants re-instated.

OK. I can do that.

The one poster, anonymous 4:27 p.m. on the last post, got it partially correct.

The SCU worked so well because of Dave Dean, and part of why he made it work so well was because he, with Chief Nick Kaiser's (my mistake, I thought it was under Tedesco) blessing, picked who he thought was right for the job. In other words, it wasn’t up to what cop had seniority it was up to who was the best fit or the SCU.

FITZGERALD

TEDESCO

Of course the Police Benevolent Association didn’t like that much and for good reason – the right to bid any job in the department is written in the contract in black and white and PBA President Bob Fitzgerald doesn’t want to open the door to anyone messing around with the hallowed seniority clause. As archaic and counterproductive as that policy is, it’s in the contract and as such has to be negotiated out rather than ignored.  

Anyway, the SCU under Dean did a bunch of different things – some of which bordered on racial profiling, others which bordered on trouncing on our Constitutional rights. And other things that were just plain old profiling and plain old stomping on the Constitution.

Sometimes they would be in uniform strutting their stuff so people in the “good” people in the neighborhoods could see them. Other times they would be hiding in the bushes staking out a known drug dealer just waiting for him to make a sale before they pounced. Other times they would make arrests for little things like jaywalking and loitering just to see if those who dared cross a street outside the white lines or hung out on the corner were up to something more sinister. Often times they were.

In the end, it was an extremely effective unit because the bad guys knew who they were and the bad guys really didn’t want to mess with them. They made a ton of arrests, and I’m sure they weren’t too nice about things in the process. In other words, as Dean told Metroland, he wasn’t afraid “to use his elbows.” As such, when the unit was first formed, he picked other guys with the same crime fighting philosophy, so to speak, without worrying about who had what seniority.

However, I don’t think then Mayor Harry Tutunjian disbanded the SCU because it became a waste of money. I think it was more part of the ongoing feud between the chief and the PBA. Also, while the SCU did make a ton of arrests, I don’t think it’s absence is the reason behind the recent spate the city is experiencing, or even if there is a statistically significant spike. Furthermore, while the SCU was effective, some of its techniques did cross the line of fighting crime into stomping on civil liberties. I guess it’s a balancing act the SCU under Dean tipped in towards fighting crime. 

However, it did work and it's not like they were targetting choir boys and/or girls.

As a note: I've gotten some comments about how the officers bid into the SCU and have talked to some people and I honestly don't remember. I could have sworn the members were picked rather than allowed to bid into the unit based on seniority but I could be wrong.
What I do know is that after it was created by Dave Dean, the leadership position did go out to bid and it went to Sgt. Guido Gabriel, who had more seniority. The city didn't like how it was going - or at least liked how it was going better under Dean and put Dean back in. The PBA sued, won $5,000 and Gabriel was back in charge.

McGrath

Zalewski

Obviously, there has been some animosity between Councilman Mark McGrath and Councilman Ken Zalewski and it’s nothing but exemplified in the following email exchange between the two regarding the Time Warner franchise agreement that’s been in limbo for at about 15 years now.

Then Mayor Mark Pattison had an agreement in the works but that fell apart and then former Mayor Harry Tutunjian had a deal too but that one fell apart.

If I remember right, the Pattison deal fell apart because the city just wanted too much stuff from Time Warner and Time Warner shot it down. The deal Tutunjian put together, however, in the minds of many, didn’t get enough from the cable giant, was shot down and the Council formed a committee to study … I’m not sure what it was formed to study something to do with getting a franchise agreement in place with Time Warner.

Anyway, here’s the exchange between Zalewski and McGrath though, I’m guessing if you are interested you probably already read it since it was cc’ed to everyone and everyone’s proverbial brother.

The one thing I take out of it is that these two guys just don’t like each other.

From McGrath to reporter Danielle Sanzone on 5/22/2012 at 8:37 a.m.

Danielle, I was a little confused by a quote in the paper today "In District 5, one woman wondered about the update for what was going on with Time Warner cable which at one point had planned to increase rates to make up for shortages in the city". I was wondering if that was a quote by you or the women asking the question, for as to the best of my knowledge the issue wasn't an increase at all but a specific group who wants public access TV. The fact is Time Warner was going to pay us $90,000 a year and set up a studio at the Arts Center with $200,000 in equipment. The $90,000 is a half a tax point which the vast majority of Troy residents will incur on the upcoming budget. The only increase (or decrease) would have been if Time Warner builds a studio for public access for this group, that would come out of the $90,000 and may also raise your rates. They won't do it for free. In my humble opinion if the city gave the equipment to the Sanctuary for Independent Media the group would have jumped for joy and rushed to sign on the dotted line. Thanks

From Zalewski to McGrath on 5/22/2012 8:43 a.m.

Mark,
Your memory is unfortunately failing you.
Representatives from Time Warner made it clear to us that there would be a rate increase in order to cover their own underpayment of franchise fees in the past.  It was the nail in the coffin on that proposed agreement.
I will dig up the e-mails from the Time Warner reps if you don't believe me.

From Zalewski to McGrath on 5/22/2012 9:02 a.m.

Mark,
The exact quote from an e-mail (dated Sept 1, 2011) from John Mucha of Time Warner (via Jeff Pirro) was:
Finally, the franchise fee settlement payment of $200,000 would also result in a pass-through to cable customers in Troy, adding another $.13 per month to cable bills. So combined with the PEG pass-through, cable customer bills would increase $.23 per month under the proposed agreement. 
All Council members at the time (including you and me) were included on that e-mail, in addition to the Times Union, Troy Record, downtowntroy mailing list, and troygoodneighbor mailing list.
Basically, Time Warner wanted to charge current subscribers in order to settle their underpayment of franchise fees from past years.  Members of the public cried foul.  The Council nixed the proposed agreement.

From McGrath to Zalewski on 5/22/2012 10:10 a.m.

Never saw that email and it makes absolutely no sense. Time Warner will commit to $200,000 in equipment and $90,000 thousand a year but charge us or our residents the equivalent of $200,000 for a one shot deal to balance out a shortage ? Something's amiss.

From McGrath to Zalewski on 5/22/2012 12:18 p.m.

Ken, good try at deception. Any pass through monies are based on your groups demands that TW build them the Public Access studio. The original contract negotiated by the PSC and the last administration has no pass through increases, for TW owes the city money. The rate hikes you embellish on are the result of a selfish group that puts their demands for their own studio on the vast majority of TW users.

From Zalewski to McGrath on 5/22/2012 6:35 p.m.

When you use words like "deception", "embellish", and "selfish", you are lowering the level of discourse and making unsubstantiated accusations against myself and the citizens who volunteered their time to review the proposed agreement.  Even worse, your statements are simply not true, as they contradict the very statements made by a Time Warner representative.
Someone is clearly whispering in your ear about this.  I'd like to know who that is, because they do not understand the issue, and the misinformation they are giving to you is sullying your own reputation.
Since you have questioned the motivations of the Time Warner Franchise working group, I have included the members in this response.  They can elaborate on or correct any of my previous statements in this discussion thread.
If you call up the e-mail from Sept. 1, 2011, you will see that Mr. Mucha outlined the rate increases that will result from the proposed agreement.
The $150,000 in PEG access, plus $10,000 for a fiber feed to City Hall, would cost TW subscribers $0.10 per month.  The $200,000 settlement for the underpayment of franchise fees would cost subscribers $0.13 per month.  If the City Council had approved the proposed agreement, Time Warner subscribers would be charged an additional $0.23 per month.  That is not deception - that is fact.  You can continue convincing yourself that it's not true, if that makes you happy or helps to justify your vote in support of the contract.
Those numbers have nothing to do with the full PEG access that the committee was seeking - you are conflating the two issues.  In fact, if TW were to provide the City of Troy with $1 million of PEG access - the "Cadillac" of public access - subscribers would be charged an extra $0.64 per month.
The real answer here is to create competition, so that Time Warner might be inclined to lower their rates and offer better public access to our citizens.  That's why the "fiber optic" resolution is meaningful, and that's why Mayor Rosamilia's signing of the broadband carrier anti-collusion letter was so important.

From McGrath to Zalewski on 5/22/2012 9:02 p.m.

Ken, you victimize yourself with my supposed discourse then accuse me of being led (Someone is clearly whispering in your ear about this). What a hypocrite. I was clear then as I am now, YOU are costing the citizens of Troy a half a point in a tax increase. I told you then and I will point you out in November at the budget hearings. Again, please try to expose the facts instead of your skewed perception. There was no increase in rates based on the initial contract, it was you and your mostly outside of Troy brethren that would force an increase by your selfish demands. "Someone is clearly whispering in your ear about this" ? Ken...I know right from wrong, you've proved by your recent votes you don't.

From Jim DeSeve to McGrath on 5/22/2012 at 10:30 p.m.

now, now Mark...  let's be civil.  :)

From Andrew Lynn to everyone on 5/22/2012 at 10:24 p.m.

Hi everyone,

I am respectfully requesting to be removed from the working group, but I would like to leave some final comments in hopes that they might be taken to heart.
First off, to be clear, it is the spitefulness of Mr. McGrath's tongue in these last few emails that has turned me off from being involved in this conversation.  This is not dialogue.  It is insult hurling, and
it is divisive.   Perhaps this is the nature of all communication within the council, but If this is what dialogue has been reduced to, then so be it... just count me out.
I would like to focus, however, on one  thing in particular that has been a common theme of his.  This is this notion that a public access center, be it in the Arts Center, Troy High, or some other facility, is a "selfish demand".   This is an absurd untruth, and as someone who has spent years working in a public access center serving others 40 hours a week (youth of all different backgrounds, in my case), it is personally insulting and upsetting.  I am also worried that if repeated enough, someone might actually believe him.
Those of us who came together to form the working group (previously sarcastically referred to as Mr. Zalewski's "brethren") do not have any selfish interests in a public access center.  We were selected and volunteered for the working group because of our varied experiences in the field of Access as workers, educators, and organizers.  It was clear to us that TW would (and will) give Troy the shortest end of the stick it can, and it is clear to us that without professional negotiators on board, we will get screwed by the corporation.... and yes... even then, cable bills will continue to incrementally go up as the years go by.
A Public Access TV station in Troy would make a more vibrant community through participatory media.  It would be an outlet for personal expression of all people of Troy and it would increase political dialogue amongst disenfranchised communities.  From my point of view, it appears that fear of free expression, and political participation is at the heart of the distrust in the necessary contract negotiation process.
I presume that I will be personally attacked in subsequent emails for these comments.   I do not intend to defend myself in this bizarre forum.   However, I hope that if there are people actually interested in my opinions, you will contact me personally.
Sincerely,
Andrew Lynn
-former Youth Education Coordinator of Manhattan Neighborhood Network (04-07) -Co-Director of Troy Bike Rescue -Adjunct Professor of Digital Media at Hudson Valley Community College -Freelance Media Worker with the Sanctuary for Independent Media

From Zalewski to McGrath on 5/22/2012 at 10:40 p.m.

The Council voted down an inadequate contract, plain and simple.  Before you talk about "costing the citizens of Troy a tax increase", did you calculate what the contract would cost those citizens who utilize Time Warner's services?  Do you think Time Warner subscribers should pay increased fees in order to give the average Troy taxpayer a $15 tax break?
As for the "mostly out of Troy brethren", the working group was comprised of myself, Bill Dunne, Dean Bodnar, Amy Williams, Jeff Pirro, Jim de Seve, Regina Keenan, Andrew Lynn, Jason Martin, Steve Pierce, and Jim Welch.  Out of those 11 individuals, two of them (Steve and JimW) do not live within the city limits.  If that is your definition of "mostly", then we can stop here - all has become clear to me.
I am sorry that you choose to ignore the facts, which are in dispute by no one other than yourself.  I guess you know more than the folks that do this for a living.  Silly me.

From Zalewski to McGrath on 5/22/2012 at 10:53 p.m.
Mark, once again, you are wrong.  The proposed agreement would indeed have triggered a rate hike.  Please read Mr. Mucha's statement, pasted below once again for you:
Finally, the franchise fee settlement payment of $200,000 would also result in a pass-through to cable customers in Troy, adding another $.13 per month to cable bills. So combined with the PEG pass-through, cable customer bills would increase $.23 per month under the proposed agreement.
Allow me to quote the pertinent line:
So combined with the PEG pass-through, cable customer bills would increase $.23 per month under the proposed agreement.
That is Mr. Mucha commenting on the proposed agreement.  If the Council approved the proposed agreement, rates would increase by $0.23 per month per subscriber.  What part of this are you not understanding?  Are you calling the Time Warner rep a liar?  If so, then that's an interesting twist, and an angle that I had not considered.

From McGrath to DeSeve on 5/22/2012 10:57 at p.m.

Jim, you should have seen the stuff I deleted ! LOL..Jim, you know we've debated and agreed and disagreed about issues, I always respect your or any ones opinion for I do realize I'm quite often wrong. What I do get my back up on though is blatant dishonesty.
I'm done with this, shootings in the streets tonight, innocent girl caught in a crossfire. I'll be screaming 'Street Crimes Unit' in the morning. Good luck with the studio. :) Thanks

From McGrath to Zalewski on 5/22/2012 at 11:00 p.m.

Again, the email about the pass through was after the council shot the deal down and demanded TW build a studio. Ken, we're done.


From Steve Pierce of the Sanctuary of Independent Media to Zalewski on Wed 5/23/2012 on 12:23 a.m.

I appreciate your shining a light on these exchanges but I respectfully submit that they are a waste of everyone's time.  While I admit to a certain fascination with the rantings of people who speak so forcefully on matters about which they know so little, in the end there is nothing special about this phenomenon in Troy's recent history.  I hoped we had moved beyond this level of public discourse. 

The Time Warner contract is worth more than a third of a billion dollars of Troy consumers' hard-earned money over ten years.  Federal cable law defines what can be required in return for allowing use of public rights-of-way in this exceptionally lucrative franchise agreement.

t's easy enough to compare the cable rates in communities that have PEG cable access (and the other benefits of the Cable Act) with the rates in communities that do not.  A cursory investigation will reveal that the major difference is not what subscribers pay each month, but rather what they receive for their money.

With so much at stake, the key issue is knowledge and independence.  The "free" consultants from the Public Service Commission are knowledgeable but will themselves admit that they are not independent: they are NOT ALLOWED to advocate on behalf of the public they ostensibly serve in these negotiations.  And the advocates of the last, failed contract proposal in Troy are neither knowledgable nor independent. 

The area of municipal cable franchise negotiations has been well defined for decades and there are independent consultants who do it well, relatively unencumbered by local and state politics.  There is so much to be gained that would benefit our city and, especially, its youths.  But going up against a wealthy multinational corporation ready and willing to play hardball is never easy, especially when there are hundreds of millions of dollars at stake.

The past administration let us all down, squandering years of hard work and an investment of tens of thousands of dollars in the franchise negotiation process.  It's time for the City of Troy to get serious about this contract.  It's going to take some time, effort and resources--but we're talking about a deal worth more than 300 million dollars.

From McGrath to Pierce on 5/23/2012 at 7:55 a.m.
Steve, speaking of ranting, one of my favorite rants was when you publicly accused the PSC of being in bed with Time Warner. Glad to see they're out of bed and just inept now ! Thanks

From Zalewski to McGrath on 5/23/2012 at 8:45 a.m.

No, that's not correct.  The e-mail from Time Warner outlining the increase in cable rates was sent before the Sept. 1 vote.  In fact, it was the catalyst for an almost-unanimous rejection of the contract - you being the lone dissenter.
Again, it's very simple.  Whatever Time Warner gives to a municipality - whether it's franchise fees, equipment, settlements, or public access - the costs are borne by the subscribers.  They are clearly outlined on the bill (a copy of which Mr. Mucha also attached to his e-mail) as "State/loc Franchise Fee" and "PEG Access Fee".
You are suggesting otherwise.  Your suggestion is not grounded in reality.
And Mark, you don't get to call me a liar, using terms like "deception" and "blatant dishonesty", and then end the conversation when you are proven wrong.  There are many individuals included on this discussion thread.  If I am misstating anything, I am certain I would be called out on it - and I would welcome that.  However, to maintain that I am intentionally being dishonest to my constituents and colleagues is a baseless and defamatory accusation, and has absolutely no place in any conversation.
Even though you are incorrect in your assertions, I am not suggesting that you are a liar or that you are trying to deceive people.  So please afford me the same courtesy.

From McGrath to Zalewski on 5/23/2012 at 10:13 a.m.

One last time....the initial contract negotiated by the PSC and the last administration with Time Warner had no rate hike. When you and others got involved with additional proposals is when the rate hikes were calculated by Time Warner. Please refrain from emailing me anymore. Thanks

Sen. Roy McDonald was endorsed by the Rensselaer County Conservative Party but in the grand scheme of things it really doesn’t mean all that much. When a district crosses party lines, endorsement authority bumps up to the state and there is no way Chair Mike Long endorses anyone who voted for same sex marriage.

McDonald and his challenger, fellow Republican Saratoga County Clerk Kathy Marchione, have been throwing out their respective committee endorsements for weeks now but, like the Rensselaer County Conservative Committee, they really don’t mean anything.

McDonald and Marchione during happier times

The two will get the necessary petitions to get on the ballot for the Republican primary and duke it out on Sept. 13. He will have the Independence Party line and she will likely have the Conservative Party line so regardless of who gets the “R” line they’ll probably both still be on the ballot come November.

Speaking of Conservatives, in a press release sent out by the committee – which looks eerily similar to press releases sent out by the Republicans – there are three members named: James Lance, Judith Wos and Chair William Fiacco, who voted for Marchione. Lance is a Lansingburgh resident who is tight with former Rensselaer County GOP Chair Neil Kelleher, while Wos and Fiacco hail from North Greenbush.

Bob Mirch, the former legislator, Department of Public Works commissioner and liaison for former Sen. Majority Leader Joe Bruno had control of the Conservative Party for years but now that he is more concerned with buying  a boat than who gets the “C” line. It is safe to say, however, given the names mentioned above, the Rensselaer County Republicans retain have control of the Conservatives While there are two factions of the GOP – one headed up by Rich Crist and the Legislature and another by County Executive Kathy Jimino – I’m guessing Crist has the juice when it comes to the Conservatives.

It looks like the Rensselaer County Democrats will  not endorse anyone to replace the retiring County Court Judge Robert Jacon. And it picked Amy O’Connor, a Brunswick attorney, to run for Family Court against Catherine Cholakis, whose term expires at the end of this year. More on O’Connor later.  

MAIER

Rather than pick one of the four who interviewed for Family Court, the Dems Judicial Screening Committee opted to punt and allow the four interested candidates to duke it out on their own. I say punt, but it’s really not a bad move on Chair Tom Wade’s part. Why pick one of the four qualified candidates, inevitably upsetting the other three, when you know there will be a primary regardless of who you pick?

ROBICHAUD

The four who interviewed are Rensselaer City Court judges Kathleen Leahey Robichaud and Carmello Laquidaro, Troy City Court Judge Chris Maier and attorney Brian Premo.

I say there would have been a primary anyway and by that I mean Maier already announced his intention to run with or without party support. As I’ve mentioned, his wife, former Council President Beth Walsh, ran a primary against the party’s pick Richard Hanft a few years ago, beat him and went on to win the general election for family court. I’m not sure how up for a primary the other three are, but I guess we’ll find out.

Laquidara

It will be interesting to see who carries what petitions to get who on the primary ballot. Maier, if Walsh’s run is any indication and there is no reason to think otherwise, will have the bodies behind him necessary to get the petitions but it’s anyone’s guess if the other three have the organizational wherewithal to get the grunt work done on a county-wide basis without any help from the party. It might be particularly hard for Premo, who has thrown about every party worker under the bus in his aggressive defense of Board of Elections Commissioner Ed McDonough during the first voter fraud trial and another one coming up sooner rather than later. But, then again, McDonough is still the elections commissioner and is no slouch when it comes to things like getting signatures. I'll pass on the voter fraud jokes, it's just way to easy. 

Back to O’Connor.

I’m not too familiar with her, and by that I mean this is the first time I’ve heard of her – not that that matters much. I’m told she’s married to Tom O’Connor, also an attorney and brother to Mary Donohue as in Pataki’s former lieutenant governor. Safe to say, Donohue is a rock-ribbed Republican but she was once married to Tom Kenney, who is a staunch Democrat so party affiliation obviously matters little when it comes to wedding vows.

Cholakis

She is running against Cholakis, who last year spent at least $50,000 on a losing bid for state Supreme Court. A race for Rensselaer Family Court won’t be that expensive since it’s confined to one county as opposed to a seven-county Supreme Court race but it’s still not going to be cheap for anyone who wants to give either race a legitimate go.
 Meanwhile, the GOP has all but gone with attorney Debora Young over Joe Ahearn for county court.

McDonald and Marchione

I’ve been around long enough to look out for weasel words and am not so naïve to not know politicians and their operatives “put the spin” on you about every time they open their mouths and I know too sometimes outright lies come out of their open mouths.

Generally, though, while the spin is expected and can be kind of fun to sift through sometimes they cross the line into a lie. It’s part of my job to wade through the spin and look out for the lies and sometimes, I guess, I still need a good kick in the teeth to keep me on my guard.

For example, I wrote Monday Kathy Marchione, the Saratoga County Clerk who is challenging Sen. Roy McDonald, won Columbia County’s Republican endorsement. I didn’t read the press release close enough and admittedly jumped the gun. It’s the kick in the teeth I need every once in a while.

In my defense – of which there isn’t really a good one - The Marchione camp even put numbers in the press release saying they had won the weighted vote by a count of 3,085.5 to 3,058.5. And the quote by Germantown GOP Chairman said: “It was a nice grassroots victory for Kathy…” He went on to say that her “courage and experience certainly propelled her to this rewarding victory.”

Marchione’s own quote said: “Last night was a major victory for our team…”

Girardin

Turns out, Marchione didn’t win Columbia County but it was declared a tie. The release does say the county chair declared it as such, but I just thought it was either a poorly written press release or the Marchione camp was just taking some shots at him because he backed McDonald. Whatever the reason, I took it at face value, and I was wrong.

Ken Girardin, the guy who wrote the release, told me after it was in fact a Marchionie “victory” because McDonald, an entrenched incumbent, didn’t’ win outright. That’s a stretch, and straddles the lie/spin fence. But, I guess, it’s about all you can expect from a guy who planted campaign signs on the neighbor of a rival candidate and then had someone in the camp hid out in the bushes and film said candidate stealing the signs and throwing them in a ditch. Sure, it’s funny and it worked but it was kind of cheesy.

And politicians wonder why they have such bad reputations.

Anyway, I was right in saying that the individual committee endorsements don’t mean squat as both camps will get the needed petitions and the nomination will get decided by a primary in September.

In the end, though, I got a kick in the teeth. At least it’s only May and it won’t happen again for a while.

I was kind of surprised to see such a respected institution as Siena College honor Yankee shortstop Derek Jeter with a degree. Well, the fact the college honored one of the game’s greatest players — both on and off the field — isn’t really a shock but the fact the college allowed him to give his acceptance speech by video tape strikes me as kind of odd.

Especially when you compare it to one of Rensselaer Polytechnic Institute’s honorees, Supreme Court Justice Antonin Scalia, who is coming in person to not only be at RPI’s graduation on May 26 but also to partake in President Shirley Ann Jackson’s renowned — if not boring as all get out — Colloquy the night before.

I draw that comparison because Scalia is just one of nine justices on the highest court in the land. That means he plays an integral role in interpreting the Constitution and making sure our laws, or how they are enforced or not enforced, don’t step on what the Founding Father’s intended this country to be about.

Jeter, on the other hand, is one of about 1,280 players in Major League Baseball and who knows how many play in minor leagues scattered across the nation. That means he wears a cap, catches a ball in a mitt and tries to hit a similar ball with a bat.

I’m not taking anything away from Jeter’s chosen profession, but it seems to me if he were to miss a game — yes, the Yankees had an afternoon home game Sunday, one of 162 not including the never ending playoffs or World Series — the country really wouldn’t miss a beat.

While the same can probably be said for Scalia, at least he is making a two-day trip to Rensselaer County and while court isn’t officially in session, according to the calendar, May 24 is a “conference day.” I’m not going to try and pretend to know what a “conference day” consists of for a Supreme Court justice but I’d be willing to bet it’s a bit more important than hitting a ball with a bat.

Again, nothing against Jeter or Siena’s decision to give him an honorary degree — I’ve been a Yankee fan since I was knee-high and happen to like the guy — but at least he could have shown up in person to accept it rather than sending his sister instead.

The Dems Steering Committee

As expected a screening committee for the Rensselaer County Democrats endorsed incumbent Neil Breslin in his bid for re-election and Cohoes Mayor John McDonald in his bid to replace Assemblyman Ron Canestrari.

The Democrats had some options too. Shawn Morse, chairman of the Albany County Legislature, announced he is going to primary Breslin, and Carolyn McLaughlin was previously endorsed by the Albany County Dems so there will be a primary there too.

Rensselaer County Chairman Tom Wade is playing nice with the Dems in Albany as far as Breslin goes and has no choice but to endorse McDonald. Cohoes is as much a part of Troy and Rensselaer County as it is Albany and Albany County and it’s much more a part of Rensselaer County than the Fourth Ward in Albany where McLaughlin hails from.

Anyway, while those two picks were expected, it’s going to be interesting to see who the party’s Judicial Screening Committee recommends — Kathleen Leahey-Robichaud, Carmello Laquidara or Chris Maier — to replace Judge Robert Jacon on the Rensselaer County Court bench.

Laquidara actively sought the spot and Robichaud was courted for it and that in and of itself is odd since they both serve on the City of Rensselaer Court now. As I’ve mentioned, one thing that’s a near certainty is Maier, Troy’s city court judge, will not get the party’s endorsement but he’s already announced he’s running so there will be at least a two-way primary. He likely won’t get the nod because his wife, Family Court Judge Beth Walsh, bucked the party a few years ago and beat Richard Hanft in a primary.

Anyway, I’m giving even money Robichaud gets the endorsement while Laquidara stands at a 5 to 1 shot. I’d say the odds are a bit longer on whether or not he continues on with a primary should he not get the endorsement.

On the flip side of things, I haven’t heard much about Joe Ahearn, who wanted to run for the seat, while the party continues to coalesce around Deborah Young, an attorney from Sand Lake who mainly practices medical malpractice in Albany.

McDonald and Marchione

Columbia County Republicans picked challenger Saratoga County Clerk Kathy Marchione over incumbent Sen. Roy McDonald by the narrowest of margins, 3,085.5 to 3,058.5 in what the Marchione camp described as “a stunning upset that has rocked the Columbia County political scene.”

I’m not all that familiar with the goings on in Columbia County but I was made aware U.S. Rep. Chris Gibson won it by just 1 percent his last time around. What that means is anyone’s guess because Gibson is known to lean right on social issues and one of McDonald’s biggest hurdles in getting past Marchione in a primary is his vote for same sex marriage.

As I’ve mentioned, the endorsements are nice — and both sides have touted their respective nods — but they really don’t mean much. Both sides will get the necessary petitions putting both candidates on the ballot for a primary in September.

That one’s going to be fun to watch.

This week’s Talespin was written by James V. Franco. He can be reached at 478-5343.

COUCH

In a letter from Trey Smith, the special prosecutor, to Michael Feit, the attorney who used to represent Michael LoPorto, it looks like Sara Couch, a Working Families Party operative, wants to change her testimony around a little bit. (The letter is at the end of this post.)

Rather than saying LoPorto told her to “forget I gave you those ballots” he handed her outside his restaurant, she now believes LoPorto told her: “Had I known, I would never have gave [or handed] you those ballots.”

LOPORTO

The difference between the two is evident. In the first instance LoPorto indicates he knew the ballots he handed her outside his Fourth Street restaurant were fraudulent while the second statement indicates he didn’t know. In order to be guilty of possessing fraudulent documents Smith has to prove LoPorto knew what he had. Just having them isn’t enough.

A couple things come to mind. One, I maintain some in the Working Families Party were just as frustrated as the Democrats watching the Republicans steal their line election after election and were involved in the scam. Maybe not to the point of committing fraud, but I’m guessing some of them at least knew what was going on.

And the second thing is I’m not sure juries are too keen on witnesses changing their stories. Of course, a new jury will hear LoPorto’s case and its one that will not have heard Couch’s initial testimony but I’d be willing to bet Smith will bring up Couch’s previous testimony and her statement to the State Police as well.

The bottom line, however, is there will a new jury and the members probably haven’t followed this case for the past 30 months or so and Couch’s new statement does add an element of doubt so in the end I think it will help LoPorto.

MCDONOUGH and LOPORTO

In a related matter, allegations by LoPorto and his co-defendant Board of Elections Commissioner Ed McDonough that someone other than voter Jolene VanVranken signed an affidavit that was subsequently notarized by Smith are still out there. LoPorto and McDonough hired a handwriting expert who doesn’t say who signed the document, but is willing to say under oath it was someone other than VanVranken. They do, however, heavily imply it is Smith or one of the State Police investigators.

The initial complaint was filed with the Troy Police Department but I’m hearing they may not be equipped to handle investigating things like fraudulent signatures – or maybe it’s just a good excuse to stay as far away as voter fraud as possible, and who can blame them – and handed it off to the AG’s office. I find it hard to believe anyone would engage in any type of forgery while a trial about forgery is going on but the way this case is going … anything’s possible. I am hearing the AG is poking around, to what extent is anyone’s guess.

Couch Letter

Remember when you were a kid and wanted to be in the Secret Service or some other, cool spy-related business? This could be one of the fringe benefits we didn't even know about as kids.

KOPKA

About the only good thing to come out of last week’s Troy City Council meeting was it had proper notice — one of its basic responsibilities the Council has struggled with since the new regime took over Jan. 1.

After that it went downhill in a hurry. It seems the Council president, Lynn Kopka, has taken a hard-line stance on what the public can and can’t say at the meetings. In other words, if it’s something she doesn’t like, or thinks is “rude or derogatory,” she’ll just cut the speaker off. I’ve been kind as far as the procedural slip ups go — too kind as far as at least one talk show host (Vandenburgh) goes, who I’ll be appearing with this afternoon at 4 p.m. on Channel 4 — but “regime” might be a way to describe that type of censorship.

Now, I’ve been around a while now and have been to more Troy Council meetings than I care to admit. I’ve seen and heard some stuff that in the minds of most certainly classify as “rude or derogatory.” Once, a bunch of attendees wore pig snouts and “oinked” at the Council. Another time one of the Trojans for Troy threatened to shoot the entire panel with a machine gun. Once, Fran Pomiber got so “rude and derogatory” she was escorted out by the chief of police — on her way out of the old Council chambers while still yelling at the Council she turned and screamed: “And I don’t want to see this in Talespin, Franco.” More recently, a bunch of people showed up wearing bushy mustaches and glasses to show they were “grouchy” about the Council’s refusal to sell the Marshall Ray building.

It is and always has been the Council president’s duty to run the meetings and that part of the job comes with a gavel in case someone gets “rude or derogatory,” which can be defined in no other way than subjectively. But by the presidents I’ve seen — and I’ve seen ‘em come and go — it’s been loosely defined at best. In other words, if someone cares enough about the city and its goings on to come to a Council meeting give their opinion publicly they’ve always been pretty able to say whatever is on their mind so long as the speaker owns property in Troy. Personally, I think it’s a right that comes along with the obligation of paying property taxes.

In fairness to Kopka, and all presidents, keeping control of a meeting can be as hard as … well, herding cats. But she does have that one down.

Three times in the past two months, according to a story by reporter Andrew Beam, Kopka cut speakers off for, of all things, speaking out against an elected representative and a political party official — the horror. To me the speakers should be applauded for exercising their right and not exorcised for speaking their mind.

Being a reporter/columnist/city editor for the home town paper, I’ve certainly taken my share of flak but I figure that’s part of the job, just like its part of being on the Council. They do make $15,000 after all, and Kopka makes $20,000.

Sure there is some question as to whether the speakers had political agendas but I’ve never known that as grounds for a gag order. Politics is part of government, like it or not, and the different parties work as a check and balance to the people who happen to be calling the shots. When the party in charge cuts off comment at a public meeting — shy of making threats with a machine gun — it sets a dangerous precedent.

Last I knew it was one of those inalienable rights and it has a catchy name: The First Amendment.

Fightin’ the Feds

As the saying goes: “You can’t fight City Hall” — just ask the speakers who were shot down by Kopka — but try fighting the federal government.

I honestly don’t know if Joe Bruno gave state favors through his position as Senate majority leader in exchange for cash but I have maintained the statute the Feds brought him up on the first time around was too broad and used as a catch-all when there wasn’t anything else to go on. Obviously, the Supreme Court justices read Talespin because they agreed, modified how it’s applied and now can only include instances of bribes or kickbacks.

As you know, the Feds didn’t bring those types of charges the first time around and as such the two counts the jury convicted Bruno of were tossed. But, the Feds clearly have it out for Bruno and last week brought two more charges against the 83-year-old that are more in line with what the Supremes outlined.

That too is a scary precedent because if you spend in excess of $3 million defending yourself, as Bruno did, the highest court in the land bounces your convictions the government now has the right to come back at you again. What if Bruno is acquitted this time around? Do the Feds get a third bite of the apple? A fourth?

And as salt in the wounds, I’m hearing from a pretty good source that President Barack Obama changed tomorrow’s visit to the Capital District from GlobalFoundries to the College of Nanoscale Science and Engineering in Albany because Bruno was the driving force behind the manufacturing facility in Malta.

Officially, the reason for the change is “logistics,” but last I knew the president could pretty much do whatever he wants when it comes to travel plans so “logistics” sounds about as reasonable as a second bite of the apple … or stifling public comment.

This week’s Talespin was written by James V. Franco. He can be reached at 270-1277 or by email at jfranco@troyrecord.com

LOPORTO

Cheryl Coleman is now representing Michael LoPorto in the ongoing voter fraud scandal.

In addition to the belief among most that Coleman is one of the best defense attorneys in the Capital District, she will certainly add an element of “personality” to what is considered a circus-like atmosphere already.

The first time I had a direct dealing with Coleman was when she represented Barton Jeffery Hunter, who was railroaded by the District Attorney’s office while former DA Trish DeAngelis was running things. He spent four years in prison because DeAngelis and another ADA whose name escapes me hid evidence from the judge and the defense during Hunter’s trial. Coleman picked up the case afterwards and not only got him out of jail but got him off the hook for the most part. In the process, she called a host of people to the stand to testify including DeAngelis. To say it was amusing is an understatement.

COLEMAN

A few years later, I covered the attempted murder trial of then 16-year-old Akbar Hemingway. I’m not going to categorize or stereotype him, but four months after getting acquitted of shooting a guy in the back he was arrested for drugs and sent to prison. And just over a year after that was arrested again for drugs. You can draw your own conclusions.

Anyway, Coleman had him dressed up in a button up white shirt – that was a bit too big making him look all the more young and innocent – and black glasses. It would have made a choir boy’s mom proud. I asked one of Coleman’s assistants if the glasses were real and he kind of looked at me, chuckled and said “yea right.”

Prior to putting her skills towards defense work Coleman was a prosecutor in the Albany District Attorney’s Office and was a judge. It didn’t last long because she was brought up on charges that she improperly used her clout on the bench to have four women arrested during a concert at the Pepsi Arena and that she was “discourteous” to an attorney while hearing a small claims matter and “discourteous” to a defendant who was representing himself in front of her.

I have to say being “discourteous” is part of Coleman’s charm. A short time after being written up she resigned from the bench and pretty much said so herself: “In the beginning, my instinct was to confront, to cross-examine, and to meet disrespect with sarcasm or confrontation. My inability to back down when confronted both on and off the bench, made some question whether I was right for the job.”

Safe to say she’s a better lawyer than a judge.

PREMO

FEIT

Coleman will replace LoPorto’s old attorney Michael Feit, who represented him since he was indicted in January 2011 through his second trial which ended up a hung jury earlier this year. LoPorto asked the county to pick up the Feit’s tab which is about $60,000. I just don’t see that happening, and I have no idea what kind of arrangement LoPorto worked out with Coleman … maybe she likes his Bolognese.

Judge George Pulver – having already split Board of Elections Commissioner Ed McDonough and LoPorto into two separate trials – has set June 4 as when jury selection will start for LoPorto though that date may change now that Coleman will need some time to catch up. It’s a shame they are split up because I would like to have seen Brian Premo, McDonough’s attorney, and Coleman as a tag team.

MASON

WADE

Mercifully, it looks like the Rick Mason/Tom Wade battle will come to an end tonight as the Council is poised to vote 5-4 just has it did last twice last month – once at the Finance Committee meeting and then at the regular meeting.

While there was, and probably still is as of this writing, a considerable amount of pressure put on the five who voted to re-appoint Mason to a city marshal’s job I honestly don’t see the vote changing when the Council convenes tonight.

I say mercifully because it’s been an ugly skirmish I really don’t get it. Sure, Mason is tight with the Campana Crowd - who Wade calls “delusional” because they are still upset Wade talked Clement Campana out of running for mayor – but how much juice do they have left I don’t know.

DOHERTY

While the war with Mason is all but over, I’m hearing Councilman Bob Doherty is ready to read a statement prior to the vote outlining some of the reasons he is voting against the appointment and I’m guessing as a way to try and persuade others to follow his lead – if you can call it such because he is by all accounts just doing what is asked of him by Bill Dunne, head of the Planning Department, and by extension Wade.

I have to guess his comments will at least touch on a story in today’s paper about a janitor who was investigated for stealing money and other things out of City Hall but never arrested. As with everything in Troy the story has an incestuous bent that can be confirmed for a hard news story but then again just because the guy is who he is doesn’t mean that’s why he walked. It would be impossible to connect all the dots of every relation for every hard news story ever printed.

In a blog, though, I do feel more comfortable pointing out the familial relations with the disclaimer above disclaimer in place - there are on average three degrees of separation in Troy as opposed to the rule of thumb six and in some instances, like the Troy Housing Authority, there are fewer than that.

So, here is the family tree.

McGivern is brother to Barbara Rezey, who happens to be the one who processed the application that ended with Campana’s father getting into one of the best THA apartments in the city. She is also very close with Mason in that I still think they live together and have a child together. Also, Mason’s related to one of the cops who looked into the theft at City Hall. Officially, police say there wasn’t enough evidence to arrest McGivern but you can read the story and the documents (below) and judge for yourself.

MCGRATH

Anyway, since Mason’s appointment is for a two-year term, after tonight we probably won’t hear too much about him but I find it hard to believe Wade will forget the five who voted to re-appoint him and in particular Councilman Kevin McGrath, C-District 1, who was Mason’s most ardent supporter and who Wade called on to step down.

It’s going to be fun as that one plays out in the weeks and months to come.

mcgivern

CHRISTOPHER

Now that the dust has settled, no arrests have been made or are forthcoming, he no longer works in City Hall and well there has been at least one request – by none other than our old friend Democratus – for an update on what actually happened to Vic Christopher, the city’s former economic development coordinator.

Here’s what I’ve gathered by talking to a bunch of people.

Back towards the end of Harry Tutunjian’s term as mayor, Christopher told the law firm that was moving out of the city owned Dauchy building he would help them move their leftover stuff. In other words, they said he could have a bunch of the stuff they didn’t want like old desks, chairs and other office-related materials.

He ran it by Tutunjian who told him to get it in writing.

He didn’t.

About that same time, near as I can tell, the FBI comes to Tutunjian to see if they could use a building in Troy for an unknown reason. It had nothing to do with the location of the Dauchy Building on River Street – they looked at a couple buildings including some in South Troy but the Dauchy had what the FBI were looking for to do whatever it was they had to do. Nobody is quite sure what that is but that’s how things go with the FBI and far be it for a mayor to ask too many questions when helping out the federal government, especially in the home of Uncle Sam.

DAUCHY BUILDING

Fast forward a few months again, the FBI has set up shop and Christopher decides to get the things out of the Dauchy. Since the Dauchy isn’t all that large, and moving chairs and desks and such can only be done so quietly even when someone is trying to be quiet about the moving such things and from what I gather about the whole situation Christopher didn’t think he had any reason to be quiet.

You guessed it, on that same night as only Troy constellations can align, the FBI were using the building for whatever they were using it for Christopher decided to go get his stuff.

So, the FBI scared the bejesus out of Christopher, who was going about his own business, and Christopher scared the bejesus out of the FBI – or at least as much bejesus as a skinny guy wearing a skinny tie and riding a Vespa can scare out of an FBI agent – who were doing their thing.

Anyway, the FBI alerted City Hall, which was by then occupied by the administration of Mayor Lou Rosamilia. I’m told they knew of the FBI business at the Dauchy Building but didn’t know about Christopher’s and when they asked, he could produce nothing in writing giving him permission to take the stuff.

The rest, as they say, is history. Christopher was placed on administrative leave without pay, resigned a short time later and is now working on opening up his wine bar on Second Street.

That’s it in a nutshell.

A couple things come to mind:

- There were all sorts of rumors about Christopher stealing building materials like tin ceilings and banisters but it’s not confirmed and since he wasn’t arrested I don’t think it’s true. Though, I suppose there is a chance he could be brought up on charges.

- If Christopher did have permission from the law firm to take its stuff it should be easy enough for City Hall to confirm.

- While he may have been apolitical when he took the job with the city, he certainly became known as Tutunjian’s guy. And while Rosamilia probably appreciated someone who had a number of irons in the economic development fire, I’m sure those in his administration weren’t too crazy about a Tutunjian holdover and were looking for any excuse to get rid of him. I don’t blame the last group in the least. It’s a new administration, new blood and new ideas. Holdovers don’t generally fit in all that well and honestly, Christopher gave them a reason.

- And, it was nice seeing Democratus post something about Troy. For those of you who don’t know he/she ran a blog called the Troy Polloi a while back and it was known for wry humor and good inside information. It is also one of those amazing mysteries because nobody knows who Democratus actually is.



THE POLLOI'S BANNER