Thursday, June 28, 2012

Listen to the phone conversation between Houle and Officer Jones

Here are the phone convesration between Houle and Jones. The first piece is about 20 minutes and one is about 11.



Also, below are screenshots of a portion of the public Facebook post by Jones that escalated into a bizarre confrontation and a copy of the private email Houle sent jones.









Here is my column from Thursday's paper talking about the bizare incident:

A Facebook post? Really?

How much trouble can a post on Facebook really cause? In Troy, I guess, a bunch. One kicked off a chain of events that will likely lead to a cop getting into a slew of trouble — including possible criminal charges for beating a civilian — and will probably eventually cost the city a ton of money.

And it’s all because of a Facebook debate over whether or not a car caught fire after it smacked into a house.

Amazing, really.

I don’t know the cop, Kyle Jones, who allegedly did the beating, but I’ve known the recipient of the beating, freelance photographer Brian Houle, for years. I know he can be a bug. He’ll call anytime day or night to hawk photos of crime scenes or fires regardless of how small or unexciting. He’s relentless. I have to give the guy credit for his tenacity, even though I’ve more than once wanted to smack him myself.

Houle also doesn’t play too well with others. In 2006, he picketed the Speigletown Fire Department for days after he got thrown out at a time when volunteer fire departments across the country are hurting for members. Most recently, he got into a snit with the City of Troy over renovation work in front of his First Street home. He claims the city is responsible for flooding his basement and unjustly ripped down his fence. As a form of protest — what form I’m not sure — he proceeded to rip off some of his siding and board up some of his windows.

As I said, I don’t know the cop. Never heard of him. All I could find out from a quick Google search is he graduated from Hudson Valley Community College in 2005 with grades good enough to earn him an award from the Sheriff’s Association. Doesn’t sound like a a dumb guy. But, I’m not sure how else to describe what happened except to call it dumb.

A brief rundown: A car smacks into a building last Friday at about 5 a.m. Houle hears the call on his scanner and heads over. He gets to the scene and the vehicle is on fire. Rather than grab his camera, he grabs his fire extinguisher and puts out the fire.

Proud of himself, he posted it on Facebook and patted himself on the back for being a hero. Jones took exception to Houle describing himself as such and responded to Houle’s post with a pointed rebuke: “There was no fire … no hero … It was steam from the radiator and minimal smoke from the air bag deployment … but I guess we all can dream.”

Houle in turn took exception to that, and posted some not too kind things about Jones in the public forum and then sent a more pointed, private email elaborating on his belief that Jones is a liar.

The fire and posts happened last Friday, over the weekend, Jones and Houle have a nearly 40-minute phone conversation debating what it means to be a hero, the responsibilities of a Facebook page administrator and other worldly topics worthy of fighting over.

During the course of the conversation — which Houle recorded and played for me — Jones made it all too clear of the fact he doesn’t like Houle publicly criticizing him, telling him how “it’s not a good idea.” More of the conversation includes Jones telling Houle about how his vehicles aren’t up to snuff.

Fast forward to about 1:30 a.m. Tuesday. Houle is hanging out across First Street from his house talking to a neighbor when he sees Jones pull up to one of his cars and shine a light on the windshield.

Houle claims he walked toward the police car to ask what he was looking for at 1:30 a.m. Jones, in his report, claims Houle jumped out in front of the car. Either way, Jones then got out of his patrol car and told Houle he was under arrest for disorderly conduct.

Houle claims he backed up to his front porch before falling but Jones claims he ran up the stairs and was forced to chase him down. Houle ended up somewhere near his front porch when Jones allegedly jumped on him and started beating him with a flashlight. I know police are allowed to use reasonable force in the apprehension of a fleeing suspect so we’ll have to see how that part of the investigation shakes out.

Meanwhile, as Jones was beating on Houle, Houle and a witness claim he was yelling at Houle to “stop resisting arrest,” and only when a neighbor popped her head out did Jones call for backup. Another cop showed up, but rather than stop the onslaught, started taking some shots at Houle too, according to Houle and a witness.

Houle claims there were as many as 10 cops there and at least three took some shots at him. A neighbor claims he saw six officers at the scene. I’m hearing that while the officers initially backed up Jones, they’ve since changed their story. It will be interesting to see how that end of the investigation turns out.

As I said, given the Facebook exchange and the phone conversation just days before the beating, my guess is the cop is in a bunch of trouble. I’d also say that Houle will probably sue the city and will probably win. He can be a bug, but that doesn’t make him a bad person and certainly doesn’t mean he deserves to get beaten up.

And all this over a post on Facebook. Amazing, really.

James V. Franco is The Record city editor. He can be reached at 478-5343, jfranco@troyrecord.com or on Twitter @francorecord

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Friday, June 22, 2012

The Campbell Road slippery slope

Campbell Avenue is open and I know that’s a good thing, especially for the residents and businesses along the thoroughfare directly impacted by the closure. It does deserve a round of high-fives (someone was looking for a congratulatory Talespin, so there it is.)

But, I am a bit confused on the sequence of events.
In February, when the city closed Campbell Avenue, City Engineer Russ Reeves said: “At this point we are aggressively proceeding with engineering mediation. The repair scheme is to restore the strength and integrity of the embankment.”
Brunswick Road landslide
Earlier this week, the city opened the road – after doing extensive work on the water and sewer lines – without touching the embankment. The work for that has not even gone out to bid yet.

When Reeves said the above statement, it was the city’s belief soil samples showed conditions similar to those that precipitated the Brunswick Road landslide in 2011 that leveled a couple buildings, did irreparable damage to a few more and a couple more had to be torn down, just in case the bank again decided to give up and again succumb to gravity. I was working that day, and it was a “holy s&*#” type of scene.

Reeves
So based on a bunch of engineering data, the city closed Campbell Avenue to traffic in fear of the same thing happening and a car or two ending up at the bottom of the embankment along with a bunch of mud. That was four months ago. And now it’s open and the slope hasn’t been touched.

I asked the city why, if the slope was so dangerous (slippery), the road is open without doing any repairs, and I was told it’s because “water levels at the base of the slope have dropped substantially and have gotten more stable as summer approached."

The reason Campbell Avenue was in such dire shape, according to the city, is that Hurricane Irene – or Tropical Storm Irene – soaked the ground past the saturation point. Just to put that in perspective, Irene ripped through the Capital District near the end of August, the Brunswick Road landslide happened on Aug. 31. Campbell Avenue was closed about six months later.

Another thing to point out is that since Irene is the culprit the city did apply to FEMA for aid in fixing the slope and the city is expecting some $1.3 million to help correct the devastating damage Irene did to Campbell Avenue.

To play the devil’s advocate, here’s a possible scenario - the city prematurely closed Campbell’s Avenue with dire warnings and much fanfare. Given the public outcry, it realized it couldn’t open the road again without some kind of rational explanation or at least an explanation … And Irene was handy, if not a stretch.
Anyway, the road is open. And that is a good thing even though there are many who think it should never have been closed because the slope really wasn't all that slippery to begin with.

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Friday, June 15, 2012

McGrath is not circulating for Premo


McGrath
Premo
This is going to be a “no, he didn’t beat his wife” post in that I’m reporting something that’s not going on but I think there is enough chatter around town to justify it.

Despite the ongoing rumors – which this town does love to spread – Councilman Kevin McGrath is not, repeat not, carrying petitions for attorney Brian Premo in the latter’s bid to become Rensselaer County Court judge.

When asked, McGrath actually had a belly laugh and said something like it’s amazing how far rumors spread and how far they go. He also blamed Democratic Party Chairman Tom Wade and his “delusional bunch” for starting it.

Wade with no a bunch of affection, coined the crew behind former Mayoral Candidate Clement Campana the “delusional bunch” for thinking Campana could win and has since called for McGrath to step down from the Council for his role in voter fraud and for not telling voters about his federal drug conviction.

While the shot at Wade is just return fire and subjective, the thing he said about rumors spreading is spot-on.

I remember once, someone started a rumor just to see how long it would take to reach this desk and how long it would take for me to call him about the rumor. It took about 15 minutes. And when I did call the source of the rumor I was greeted with a belly laugh. Not that McGrath is the source of this rumor, but it does exemplify how rumors can get ripping around.

There are, of course, come reasons why it would have been a juicy piece of gossip if it were true.

For starters, of course, Premo wasn’t too kind to McGrath while the latter was testifying against Premo’s client, Board of Elections Commissioner Ed McDonough, during the first voter fraud trial. McGrath was forced to admit, under oath, details of the aforementioned federal drug conviction as well as some other unsavory activities related to voter fraud. In addition, McGrath wasn’t too nice to McDonough, and his alleged activities related to voter fraud.

But, in the end, McGrath isn’t carrying petitions for Premo though it would have been a pretty funny story if it were true. Rather than an “only in Troy moment” this one is an “only in Troy rumor.”





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Tuesday, June 12, 2012

Judge Hummel up for federal magistrate job


Hummel
The latest chatter to coming from the courthouse – as well as from some political operatives – is that Surrogate Court Judge Christian Hummel will be a federal magistrate once he clears a background check by the FBI.

According to Judgepedia – a website similar to Wikipedia except it provides info on just judges which I happened across after I Googled Hummel’s name for some background – Hummel was an East Greenbush judge from 1986 to 1992, a Rensselaer County Family Court judge from 1993 to 2001 and has been a judge on the Surrogate Court since 2002.

The Republican is a pretty popular guy on both sides of the aisle and last year won his re-election bid with 99.8 percent of the vote. Of course, it helped that the Democrats didn’t put anyone up against him but there’s probably good reason for that. Though, while he does work as an acting judge on the Supreme Court, he was snubbed for a full time gig in the more high profile spot in 2005.

Anyway, according to the FederalMagistrate Judges Association website – another website and association I’ve never heard of but stumbled upon thanks to Google – Hummel was appointed by “the life-tenured federal judges of a district court” and will serve an eight-year stint once the FBI completes its background check. A magistrate makes $155,000 a year.

Since I’m guessing Hummel’s background is just like the squeaky-clean persona he projects he’s a shoe-in for the magistrate’s job. The question on the minds of the attorneys, other lower level judges and operatives who run their campaigns now is when he will step down.

According to Rensselaer County Board of Elections, if Hummel steps down before Sept. 20 there will be an election this November for the seat. If it happens after that date, there won’t be an election until November 2013 and Gov. Andrew Cuomo can appoint a judge until the winner of that election takes the bench in January, 2014.  There is nearly no chance of the FBI clearing Hummel before petitions are due on July 12, and if he steps down between then and Sept. 20, the individual party’s rules determine who its candidates will be this November.

There are some other nuances in the mix, but the key date is Sept. 20. If he steps down before then there will be an election this November. After that date and it won’t happen until 2013.

Hummel could not be reached for comment.


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Monday, June 11, 2012

Monday's print edition: There is talk of deal for Rosney

Now that the shock ofSgt. Pat Rosney’s arrest is behind us there is, of course, all sorts of talk about what happens next, what kind of punishment he’ll get and whether or not it fits the crime.

Word is, the plea deal in the works includes the 53-year-old, 26-year veteran of the Troy Police Department serving no jail time, spending five years on probation and registering as a sex offender. He stands charged with attempting to disseminate indecent material to a minor and endangering the welfare of a child after getting caught up in an internet sting where the 14-year-old girl he propositioned was actually a detective from the New York City Police Department. Obviously, there is no deal finalized yet so all that could change but that’s the talk as of right now.

Rosney is innocent until proven guilty, as is anyone charged with a crime, but after reading the deposition from the NYPD detective — the photo Rosney allegedly sent of his penis was, mercifully, withheld — it sounds like he really doesn’t have that strong of a defense so I see no other way out but copping a plea (no pun intended.) If he takes it to a jury, and he’s found guilty he’s looking at four years in jail. That penalty would have increased substantially if the NYPD kept the ruse going long enough for Rosney to actually make the trip to Queens and meet up with the “14-year-old” but he was arrested in Troy, days before the meet-up was scheduled.

I talked to some cops and some defense attorneys about the plea deal and the timing of the arrest and both are plausible. While the courtesy of arresting him before the meet-up probably wouldn’t be extended to ordinary civilians, it’s not that unusual given the fact part of being a cop is having the right to carry a concealed firearm — at the time anyway — and officer safety is of paramount importance. In the NYPD’s mind, there wasn’t any sense in taking a chance on inviting an armed man into a sting when he could have just as easily been arrested beforehand.

To the second point, the no jail time and five years probation one, I guess as far as the legal system is concerned we have to put aside the fact he is a cop. He’s a first time offender — as far as we know — and it’s a non-violent felony. And it’s out of New York City, where some eight million people live so I’m guessing there are thousands of non-violent felons clogging the court system. In the grand scheme of things, what Rosney did — and was going to do — probably isn’t high on the priority list. Right or wrong, that’s just the way it goes. In a lot of ways New York City is a different world because up here, I don’t think just probation would fly.

Yea, I know, on the one hand he got off with a lighter charge because he was a cop and legally could carry a gun and on the flip side of that he could very well plea to a sentence as if he were just one of eight million people facing a non-violent felony and didn’t carry a badge for 26 years.

Anyway, needless to say, its’ widely expected Rosney will retire as soon as possible and, as per state law, collect his full pension for 26 years on the force. Again, right or wrong, that’s just the way it goes.

Outside of a quick and quiet plea/retirement, the only outstanding issue is what, if anything, they found or will find on the four computers confiscated from his City of Rensselaer home. I’m told the days and times Rosney was chatting with the “14-year-old” he was either on vacation or off duty but they are checking his TPD computer too.

Obviously, if anything incriminating is found, all bets are off as far as the plea goes.

Smoke and mirrors

The much talked about Troy smoking ban might have passed but then again it might not have — it depends on who you talk to.

Some say the ordinance banning smoking from parks and playgrounds where children congregate needed six votes since it wasn’t aged properly. Others claim the aging process started when the Parks and Recreation Committee moved it to the Council agenda and the five votes it got is sufficient.

Based on the Council’s abysmal track record of following the proper procedures I’m guessing it needed six votes.

But, from a legal standpoint — provided Mayor Lou Rosamilia signs the legislation, which he has indicated he will do — it won’t make a difference unless some smokers’ rights group challenges it in court. From a practical standpoint I don’t think it means much either. I just don’t see Troy cops out there patrolling playgrounds on the lookout for someone smoking a Marlboro.

What it does, though, is allow the city to put up signs on said parks and playgrounds warning people to not light up or face a $50 fine. It’s kind of like coming to a stop light at 4 a.m. with nobody else around. Odds are you could just blow through it and not get caught but the vast majority of people tend to stop anyway. Furthermore, I just don’t think the vast majority of smokers lighting up while they are pushing Junior on the swings.

In the end, the vote last week to ban smoking might have been nothing more than symbolic, but so is the law itself so I for one think it was appropriately done.

There is the whole government intrusion thing to worry about, but when they try to ban smoking from a person’s home or car — then it’s a call to arms.

This week’s Talespin was written by James V. Franco. He can be reached at 478-5343 or by email at jfranco@troyrecord.com

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Thursday, June 7, 2012

More e-mail fun


Dunne
de Seve
I’m not sure where this email exchange started but near as I can tell it had something to do with knocking some buildings down on King Street to accommodate the proposed Bomber’s Burrito place. I’m a fan of keeping old buildings standing, provided they’re not allowed to sit there and rot. If someone has an idea for a re-use more power to them. If not, and someone wants to use the land for something else minus the building … more power to them too. It’s common sense, really.
Knocking buildings down does get people riled up, though. Some want to knock everything down while others wouldn’t knock down an outhouse.
Jim de Seve fits the latter category and I’m guessing Bill Dunne, the city’s head of planning, falls somewhere in the middle. Either way, de Seve didn’t like something Bill Dunne said about him, and never let it be said de Seve s one to hold his tongue when he sees or hears something he doesn’t like – which is a compliment – and he pretty much lets loose on Dunne. The “not hold your tongue” characteristic same can be said for Dunne, though he has been quiet since he was appointed to his latest gig and this exchange isn’t any different in that we don’t hear from Dunne directly. Maybe he realizes anything you put in an email has the potential to come back and bite you.
As a side note, I didn’t include some of the emails that were forwarded to me because I wasn’t cc’ed on them and neither was the entire world so I didn’t think it was appropriate. Another side note, de Seve’s mom Geri, a longtime Troy activist who handed down the “not known to hold their tongue” gene to her son, also gets into the mix. I wasn't around when what she is talking about transpired, but I heard a direrent version.
Anyway, without further ado, here is some more email fun:   

From Jim deSeve on June 1
Wow Bill - 

You are trying to defame my character by pointing people to a post that has a downright lie in it.  Wow.  This is what an Economic Development coordinator does?  You don't like my reasoned argument so you try to enable libel against me?

You are a true piece of work.  

Let's remember when you did whatever you did at the Dormitory Authority and the Republicans ran all over you.  They did the Tanya phone call.  People like me defended you because we believed in your politics and that you were  a good person.

I am going to join the chorus of people asking for your removal from the city government.  

You have questionable credentials for the job, you don't play well with others, you have anger and power issues that cloud your judgement and performance and you spend city time spreading lies about people because they critique like your official policies.

So disgusting and unprofessional I can't believe it.

Lou, Peter, please fire this creep.

Thanks,
Jim

On Jun 1, 2012, at 1:29 PM, dunne4troy@aol.com wrote:
http://www.fridaypuppy.com/index.php/2012/05/30/troy-parking-lot/
Michael Cocca's comments are enlightening.


From Jim de Seve on June 2
Yesterday Bill Dunne sent a link to a posting by Michael Cocca claiming that he had sold me property in the 'Burgh that i did not maintain.

Cocca was in error.  I have never had any business dealings with him and have never met him.  I have never owned property in Lansingburgh.  He has since removed the post and apologized.

Dunne sent this link out calling it, "enlightening."  Dunne's apparent intent was to defame my character because I have been lobbying against the demolition of the King St. properties. He sent out this link during city time and on the taxpayer's dime.  His actions are completely unprofessional.

My husband Kian and I have spent hundreds of thousands of dollars renovating buildings in Troy.  We keep our properties in excellent condition and pride ourselves in being preservationists and active in the community.

I have ask Bill for a public apology for his stunt.  He has not responded. 

Is this the sort of behavior we pay taxes for? 

Thanks for reading.

Jim de Seve



From Mark McGrath on June 3
Just got home from DC, I didn't see in the previous email where Bill disparages you. Was this on facebook (which I refuse to join) ?


From Jim de Seve on June 3
Hi Mark -  Michael Cocca had sold property to my brother and was ragging on him - calling him a liar and a slumlord on Matt Baumgartner's (Bombers) blog.  (Unfortunate wording, since my brother put  $300,000 into the place and has since gotten hit hard by the economy.)

Cocca confused my brother and me saying  I was a liar and slumlord.   I've never met the Cocca. Never bought anything from him.    Cocca has removed the post and apologized profusely even offering to take me for a drink.

 Bill sent out a link to all the big listservs pointing to the original link and saying: "Michael Cocca's comments are enlightening."  

So Dunne is not only trolling blogs during work time, he is actively seeking to defame peoples' characters - on city time.

I have sent several emails demanding a public apology.

Nothing.

I will not let this rest.  The man is hard to deal with, stubborn as hell, and of questionable moral character.  He is supposed to be spending time encouraging economic development and helping manage the city.  Instead he's surfing the net and  looking for ways to insult taxpayers like me.

He needs to go.

Dunne is not part of the solution.  He is a huge part of the problem.

Lou and Peter - he helped you guys get elected, so you may feel allegiance to him.  But your first duty and loyalty is to the city and the taxpayers.  

Get rid of Dunne.

Thanks,
Jim


From Geri de Seve on June 4
I got home from visiting my family in New York and NJ and have spent the last hour reading all this crap which was spawned from the fact that some dinky burrito joint wants to move into our town and wants to tear down a whole row of historic buildings or they'll take their retried beans somewhere else.  Are we that desperate that we have to cater to some burrito mogul - offering him deals to come here?  

If the city"planners" have their way, we'll go back to having a big hole in the ground as we did after the urban renewal fiasco which practically destroyed our city.  We've spent a long time recovering from that debacle and part of that recovery was due to the renovation of many of our beautiful and historic buildings, which, at the time were crumbling and decaying.  

Some of you may remember that the preservation of the McCarthy building, the Keenan building and the Market Block took place because of the commitment of the de Seve family to saving our city- the city where we grew up.  We did it without any IDA's or Pilot programs, but with funds from outside investors and the investment of our own money-what a concept!  

Many millions of dollars were spent on these projects and none of it was taxpayer money. Unfortunately, when we did need assistance from the City, we were refused.  And then vilified and lied about when the projects could no longer continue because the tax laws had changed giving no incentive for investors to put their money into preserving Troy.  That was in 1986.

Fast forward to now.  My son Jim and his husband took two condemned building which were filled floor to ceiling with junk and garbage and turned them into two amazing and lovely properties - on which they pay taxes.    My son Mike bought a once beautiful house in Lansingburgh from Michael Cocca - who had gutted most of it.  Mike has poured money tons of money into trying to undo the damage done.  If Michael Cocca wants to call it a slum, it was a slum of his making, not my son's.  

I guess the old saying "no good deed goes unpunished" must have originated in Troy.  It seems those who try to be honest and do good things for their community are given the shaft, while the carpetbaggers who come in with their hands out are given the red carpet treatment and plenty of money to go along with it.  

So now the IDA - whoever they are- will reward this crybaby Boyajian by not only allowing, but paying for the demolition of our historic buildings, which Boyajian allowed to deteriorate.  they'll give him a big tax break for 25 years because he's bringing in a burrito joint that will be surrounded by asphalt, or maybe a by a lot overgrown with weeds.  Did someone say slum?







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Tuesday, June 5, 2012

The Rosney deposition (Redacted)



Rosney (Courtesy of Channel 13)
Here is the redacted deposition given by Queens Detective Sean Ryan in the case of Sgt. Pat Rosney, who as you all know was caught up in an internet sex sting out of New York City.

Ryan was is the NYPD cop acting as a 14-year-old girl, and Rosney wasted no time in getting to what he was looking for.

I’m told there is a deal in the works for Rosney to plead to five years on probation and register as sex offender rather than have him see any time in jail. The charges of attempted dissemination of indecent material to a minor and attempted endangering the welfare of a child could carry a four-year stint in jail.

 I know it seems kind of light, but I guess it’s because the charges are based out of New York City where they have literally hundreds of these types of things to deal with and relatively speaking, I guess, it’s not as bad as most down there whereas up here he would most definitely be looking at a stiffer sentence.

One reason that’s the case is the NYPD decided to arrest Rosney before he could actually make a move to meet up with the 14-year-old because being a police officer, they figured he would be legally armed and weren’t willing to take a chance on how he would react when he found out he was meeting a detective named Sean ready to slap handcuffs on him instead of a 14-year-old girl ready to do some pretty warped stuff. Not waiting, despite upping the ante on the charges, does make sense if you look at it from that point of view.

Also, there is no word on what, if anything, they found on the computers confiscated from Rosney’s Rensselaer/East Greenbush home so additional charges could be forthcoming. Or they might not. We’ll have to wait and see. Now that all this is out there, I don’t think we’ll see even an attempt at a cover up.

Anyway, here is the redacted deposition, which is a public court document (I didn’t do the caps thing. That’s how it was sent up from the Queens DA’s Office.)





DETECTIVE SEAN RYAN OF VICE ENFORCEMENT DIVISION, TAX REG#: 916617,
BEING DULY SWORN, DEPOSES AND SAYS THAT BETWEEN MAY 15 2012 3:35PM AND
MAY 17 2012 10:47PM, INSIDE OF 8 BARBER DR, COUNTY OF ALBANY, AND INSIDE OF A LO
CATION IN QUEENS COUNTY KNOWN TO NEW YORK CITY POLICE DEPARTMENT AND QUEENS DIST
RICT ATTORNEY'S OFFICE STATE OF NEW YORK



THE DEFENDANT COMMITTED THE OFFENSES OF:
PL 110/235.22 ATTEMPTED DISSEMINATION INDECENT MATERIAL TO MINORS IN
              THE FIRST DEGREE (4 COUNTS)
PL 110/260.10-1 ATTEMPTED ENDANGERING THE WELFARE OF A CHILD



IN THAT THE DEFENDANT DID:  1) KNOWING THE CHARACTER AND CONTENT OF THE
COMMUNICATION WHICH, IN WHOLE OR IN PART, DEPICTS ACTUAL OR SIMULATED
NUDITY, SEXUAL CONDUCT OR SADO-MASOCHISTIC ABUSE, AND WHICH IS HARMFUL
TO MINORS, THE DEFENDANT INTENTIONALLY USED ANY COMPUTER COMMUNICATION
SYSTEM ALLOWING THE INPUT, OUTPUT, EXAMINATION OR TRANSFER, OF COMPUTER
DATA OR COMPUTER PROGRAMS FROM ONE COMPUTER TO ANOTHER, TO INIIATE OR
ENGAGE IN SUCH COMMUNICATION WITH A PERSON WHO IS A MINOR; AND 2) BY
MEANS OF SUCH COMMUNICATION THE DEFENDANT ATTEMPTED TO IMPORTUNE,
INVITE OR INDUCE A MINOR TO ENGAGE IN SEXUAL INTERCOURSE, DEVIATE
SEXUAL INTERCOURSE, OR SEXUAL CONTACT WITH THE DEFENDANT OR TO ENGAGE
IN A SEXUAL PERFORMANCE, OBSCENE SEXUAL PERFORMANCE, OR SEXUAL CONDUCT
FOR THE DEFENDANT'S BENEFIT;ATTEMPT TO KNOWINGLY ACT IN A MANNER LIKELY
TO BE INJURIOUS TO THE PHYSICAL, MENTAL OR MORAL WELFARE OF A CHILD
LESS THAN SEVENTEEN YEARS OLD OR ATTEMPTED TO DIRECT OR AUTHORIZE SUCH
CHILD TO ENGAGE IN AN OCCUPATION INVOLVING A SUBSTANTIAL RISK OF DANGER
TO SAID CHILD'S LIFE OR HEALTH




THE SOURCE OF DEPONENT'S INFORMATION AND THE GROUNDS FOR DEPONENT'S
BELIEF ARE AS FOLLOWS:



DEPONENT STATES THE FOLLOWING:



I AM ASSIGNED TO THE MAJOR CASE TEAM OF THE VICE ENFORCEMENT DIVISION OF THE NYPD AND I INVESTIGATE CASES INVOLVING THE USE OF THE INTERNET TO ENTICE CHILDREN TO HAVE SEX AND TO CREATE, DISTRIBUTE AND POSSESS CHILD PORNOGRAPHY.  AMONG THE INVESTIGATIVE TOOLS I EMPLOY IS TO GO ON LINE IN AN UNDERCOVER CAPACITY, PORTRAYING A MINOR CHILD AND ENGAGE IN ON-LINE CONVERSATIONS WITH INDIVIDUALS WHO CONTACT ME VIA THE USER NAMES HE HAS SET UP.  IN THIS PARTICULAR CASE, I DEPICTED MYSELF AS A 14 YEAR OLD GIRL FROM QUEENS. ALL OF THE INSTANT MESSAGE CONVERSATIONS WERE CONDUCTED FROM MY OFFICE WHICH IS LOCATED IN QUEENS COUNTY.



ON MAY 15TH, 2012, AT APPROXIMATELY 3:35 PM, I WAS ONLINE ACTING IN AN UNDERCOVER CAPACITY AS A 14 YEAR OLD FEMALE FROM QUEENS, WHEN I RECEIVED AN INSTANT MESSAGE FROM THE DEFENDANT, PATRICK ROSNEY, WHO WAS USING THE SCREEN NAME JOEJAZZUS1@AOL.COM (HEREINAFTER REFERRED TO AS JOEJAZZUS).  THE DEFENDANT ASKED WHAT I LOOKED LIKE AND ACTING IN MY UNDERCOVER PERSONA, I INFORMED HIM THAT I WAS 14 AND LI
VED IN QUEENS AND WITHIN 15 MINUTES OF INITIATING THE INSTANT MESSAGE CONVERSATION, HE WROTE, "EVER BEEN WITH AN OLDER GUY?...WANT TO?"  LATER IN THE CONVERSATION THE DEFENDDANT WROTE, "LOL...WHAT HAVE YOU DONE WITH GUYS? ... SEX? ... MMMMMM ... B* ... SWALLOW?...H***JOB?...WOULD U GIVE ME 1?...1 OF EACH."  THE DEFENDANT WROTE THAT HE WANTED TO MEET TO HAVE SEX.



ON MAY 17, 2012, AT APPROXIMATELY 5:33 P.M., I WAS ONLINE ACTING IN AN UNDERCOVE
R CAPACITY, WHEN I HAD ANOTHER INSTANT MESSAGE CONVERSATION WITH THE DEFENDANT, WHO WROTE HE WANTED TO MEET FOR ORAL SEX AND SEXUAL INTERCOURSE WRITING, "U WANNA ST*** IT FOR ME?...MMMMMMM...WHEN U WANT MY **M?...1ST TIME IN YOUR *****...DO YOU SW*****?...WITH ENUF TIME I WANNA **M IN ALL YOUR HOLES...LIKE HAVING THAT ***S  OR KISS THEM?...WANT TO TRY WITH ME?"   TOWARDS THE END OF THE CONVERSATION THE DEFEDNANT ASKED ME, "WANNA LOOK AT MY CAM?"  I INFORMED HIM THAT I COULD ONLY VIDEO MESSAGE ON YAHOO MESSENGER AND THE DEFENDANT WROTE THAT HIS YAHOO SCREEN NAME WAS "JOEJAZZUS13," AND  HE SENT ME A FRIEND REQUEST ON THAT MESSAGING SERVICE.



ON MAY 17, 2012, AT APPROXIMATELY 10:30 P.M., I WAS ON ONLINE ACTING IN AN UNDER
COVER CAPACITY  UTILIZING YAHOO MESSENGER WHEN I WAS CONTACTED BY THE DEFENDANT WHO WAS USING THE SCREEN NAME JOSEPH JASSUS UNDER THE YAHOO ACCOUNT
JOEJAZZUS13@YAHOO.COM.  DURING THE INSTANT MESSAGE CONVERSATION, THE DEFENDANT TURNED ON HIS WEBCAM AND I WAS ABLE TO SEE HIS FACE AS WELL AS HIS PENIS. HE WAS WEARING A "CRABBY DICKS" T-SHIRT AND BLUE PAJAMA PANTS.    THE DEFENDANT ASKED ME "WANT MY TONGUE?...WHAT ELSE U WANNA SEE?...FEELS KINDA GOOD AND HARD...U SEE BULGE?...WANT A PEEK?"  HE FURTHER WROTE, "UR *****ES HARD YET?...NEED MY TONGUE?"



 I HAVE OBTAINED AND REVIEWED RECORDS FROM AOL, INC. REGARDING THE SUBSCRIBER INFORMATION FOR JOEJAZZUS1@AOL.COM. THE SUBSCRIBER TO THE ACCOUNT IS PATRICK ROSNEY AT 8 BARBER DR., RENSSELAER, NY, 12144.  THE IP ADDRESS USED TO ACCESS THE ACCOUNT BETWEEN MAY 15, 2012 AND MAY, 17 2012 WAS 184.153.59.56.



 I  HAVE OBTAINED AND REVIEWED RECORDS FROM YAHOO, INC. REGARDING THE SUBSCRIBER INFORMATION FOR JOEJAZZUS13@YAHOO.COM. THE SUBSCRIBER TO THE ACCOUNT IS JOSEPH JAZZUS. THE IP ADDRESS USED TO ACCESS THE ACCOUNT ON MAY 17TH, 2012 WAS 184.153.59.56.



A WHOIS SEARCH ON THE WEBSITE ARIN.NET WAS PERFORMED REGARDING IP ADDRESS 184.153.59.56 ASSIGNED TO TIME WARNER CABLE.



I HAVE OBTAINED AND REVIEWED THE RECORDS OF TIME WARNER CABLE PERTAINING TO IP ADDRESS 184.153.59.56 FOR DATES AND TIMES INDICATED ABOVE AND IT WAS ASSIGNED TO THE ACCOUNT OF PATRICK ROSNEY AT 8 BARBER DR., RENSSELAER, NY, 12144.


Saturday, June 2, 2012

RensCo Dems pick a slate

Wade
Here is the story I wrote in Saturday's print edition about the Rensselaer County Dems picking the candidates for this November.
One thing stands out in my mind, that they dissed Keith Hammond, a former legislator from Poestenkill running for the 107th Assembly District against Steve McLaughlin. Instead they went with an attorney from Columbia County, Cheryl Roberts.
Hammond is tenacious, as is C.B. Smith, who is working on the campaign, so we can expect a primary in that one. Actually, we can expect a battle when the full committee meets on Monday as I'm sure Hammond and Smith will be working the committe memebers through the weekend.
One would think the Democrats in this county would back one of their own, but they didn't and one would think some Democrats aren't too happy with that, and they aren't.
We'll have to see Monday how upset they are and if Chairman Tom Wade can hang onto the full committee and keep the support behind Roberts or if Smith and company can wrest it away and get Hammond the endorsement.
In the end, it won't matter much becuase they will both get the signatures and there we'll have yet another primary this fall.

Here's the story:
The Rensselaer County Democratic Party endorsed its slate of candidates for the upcoming election season during a full committee meeting on Monday.

The Democrats picked one candidate – Cindy Doran, a former school teacher – to run for the Legislature’s two seats that are up for grabs. She and a candidate yet to be named will run against Republicans Harry Tutunjian and Henry Bauer, who were appointed to the Legislature to fill vacancies created when Democrats Lou Rosamilia and Peter Ryan left to be Troy mayor and deputy mayor, respectively. County Chairman Tom Wade said he expects to announce a second candidate soon.

In the 107th Assembly District, the Democrats endorsed Cheryl Roberts, an attorney from Austerlitz, to run against incumbent Steve McLaughlin, of Melrose. The Democrats picked Roberts over former Legislator Keith Hammond of Poestenkill, who is expected to run and force a primary for the Democratic nod. The 107th covers the majority of Rensselaer County — minus the City of Rensselaer, portions of Troy and North Greenbush — six towns in Columbia County and two in Washington County.

“It was more a vote for Cheryl than a vote against Hammond,” Wade said.

It also endorsed Cohoes Mayor John McDonald to take over for the retiring Ron Canestrari in the 108th Assembly District. He is running a primary against Carolyn McLaughlin, who got the nod from the Albany County Dems.

For the state Senate, the committee also endorsed Neil Breslin for his re-election bid in the 44th Senate District. Shawn Morse, chairman of the Albany County Legislature from Cohoes, has said he will primary Breslin.

In the 43rd, the committee endorsed Robin Andrews, the supervisor in the Columbia County Town of Claverack. The two Republicans, Sen. Roy McDonald and Saratoga County Clerk Kathy Marchione, are in a primary for the Republican line.

For Congress, the Rensselaer County Democrats endorsed Paul Tonko, D-Amsterdam, and Julian Schreibman, an attorney from Kingston, to run against Rep. Chris Gibson in the 19th Congressional District.

The committee endorsed Amy O’Connor for family court to run against Catherine Cholakis, a Republican.

As per the Judicial Screening Committee recommendation, the Executive Committee did not endorse anyone for the county court seat that will open with the retirement of Judge Robert Jacon at the end of the year. Those interested are Troy City Court Judge Chris Maier, Rensselaer City Court Judges Kathleen Leahey Robichaud and Carmello Laquidara and attorney Brian Premo.

“I’m very pleased with the caliber of candidates we will be presenting to the voters of Rensselaer County in this presidential election,” Wade said.

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