Posts Tagged ‘criminal justice’

“Officer-involved shooting” in Winooski, VT

The crime scene in Winooski this afternoon. Photo: Sarah Harris

Vermont State Police are confirming that a police officer in the city of Winooski shot a man this afternoon around 2:00. Our Champlain Valley reporter Sarah Harris is at the scene and has given us the following information:

The shooting was on West Allen St. in Winooski, which is kitty-corner to Winooski City Hall. Police have cordoned off the crime scene, and they’re waiting for officers from the northeastern Vermont town of St. Johnsbury to come look at the scene of the crime (state police say since an officer was involved in the shooting, it’s their policy that an outside department look at the crime scene.)

Ed Ledo, criminal division commander for the Vermont State Police, confirmed the shooting. He says two police officers were present, and one shot an adult male. His condition is non-life threatening, he’s in the hospital now.

Police say they’re not ready to talk about the incident now, but they will be making a statement later tonight.

Sarah will check in with more information when that happens, and we’ll have more on this story tomorrow morning on the 8 O’clock Hour.

Arrests and allegations in NY corruption sweep

Former state Senate Majority Leader Malcolm Smith is at the top of a list of politicians arrested today in a federal probe of corruption in New York politics. The AP reported Smith’s 6:30 came at  this morning.

Our Albany correspondent, Karen DeWitt is chasing the story as it develops, and we’ll have her report in the morning.

This afternoon, The Albany Times Union reported US Attorney Preet Bharara detailed…

an elaborate chart detailing the alleged vectors of money and favors — with, he noted, “Malcolm in the middle” — quoted from many of these statements before calling the case yet another sign of “the public corruption crisis in New York.”

The TU’s Capitol Confidential bloggers have much more, including excerpts from the long complaint filed by Bharara. Here’s one,  Queens City Councilman Dan Halloran, speaking with an  FBI agent:

“That’s politics, that’s politics, it’s all about how much. Not about whether or will, it’s about how much, and that’s our politicians in New York, they’re all like that, all like that. And they get like that because of the drive that the money does for everything else. You can’t do anything without the f—ing money.”

And here’s the New York Times story: Lawmakers Charged in Plot to Buy Spot on Mayoral Ballot

Afternoon read: Crime in the Times

Crime scene tape. Photo: Tex Texin CC some rights reserved

Hello, and happy Monday!

In my perusal of our local papers, I often come across crime stories, and for whatever reason, I notice the greatest number of these in the Watertown Daily Times. Today’s Afternoon Read is a roundup of some of today’s crime writeups. No names have been changed to protect the innocent (at least not by me), although I’m not printing people’s names here as the Times does.

Here goes, in no particular order:

An Evans Mills man is accused of choking his wife “during a dispute.” The man has been charged with second-degree harassment and “criminal obstruction of breathing or blood circulation.” Police say he also pushed and punched his wife during the “dispute.”

In Massena, a Potsdam woman is charged with aggravated harassment after she allegedly called her ex-boyfriend 41 times in an hour, and subsequently drove to his house, shouted and banged on the door.

An Albany woman is being held on drug charges at Cape Vincent Correctional Facility: The woman seems to have been doing all sorts of (somewhat unclear thanks to legal lingo) things with drugs, such as “first degree introduction of dangerous contraband”, “seventh-degree criminal possession of a controlled substance”, and unlawful possession of marijuana. Apparently she was found with some Oxycodone tablets and marijuana in her pocket while visiting the prison this weekend.

A Watertown Man is charged with second-degree criminal mischief (that’s a felony) after police say he punched out two windows and caused $2,000 in damage early Sunday morning on Main Street.

A Watertown cab driver has been charged with providing alcohol to an underaged man (he was 20 and is identified as “of Fort Drum,” so presumably he’s a servicemember). It’s interesting, that intersection of legal drinking age and legal age to be in the military.

Check forging! A Watertown woman has been charged with fourth-degree grand larceny and three counts of second-degree forgery after fake-signing three checks with someone else’s name on them. The total amount of the forgery was $1,300.

An 18-year-old Lacona man is charged with second-degree criminal trespass after entering an apartment in Sandy Creek without permission.

OK, here’s the one that really got me: Two South Jefferson Central School students, 15 and 13, are facing charges after allegedly having sexual intercourse at school. They are both charged with sexual misconduct and endangering the welfare of a child. I was very unclear on how this constitutes a crime, so I looked it up. Here’s the law (this is a misdemeanor, by the way.) It seems the most relevant part is the first one (emphasis mine.)

A person is guilty of endangering the welfare of a child when:
    1.  He or she knowingly acts in a manner likely to be injurious to the
  physical, mental or moral welfare of a child less than  seventeen  years
  old  or  directs  or  authorizes  such  child to engage in an occupation
  involving a substantial risk of danger to his or her life or health; or
    2. Being a parent, guardian or other person legally charged  with  the
  care or custody of a child less than eighteen years old, he or she fails
  or refuses to exercise reasonable diligence in the control of such child
  to  prevent  him  or  her  from becoming an "abused child," a "neglected
  child," a "juvenile delinquent" or a "person in need of supervision," as
  those terms are defined in articles ten, three and seven of  the  family
  court act.
    3. A person is not guilty of the provisions of this section when he or
  she  engages  in  the  conduct  described  in subdivision one of section
  260.00 of this article: (a) with the intent to wholly abandon the  child
  by relinquishing responsibility for and right to the care and custody of
  such  child;  (b)  with  the intent that the child be safe from physical
  injury and cared for in an appropriate manner; (c)  the  child  is  left
  with an appropriate person, or in a suitable location and the person who
  leaves  the child promptly notifies an appropriate person of the child's
  location; and (d) the child is not more than thirty days old.

Also, a former Walmart Supercenter employee is accused of falsifying return slips to the tune of more then $2,000; a Watertown woman is charged with disorderly conduct and resisting arrest (by walking in the street and laying on the ground, respectively);  a Brasher Falls woman is charged with stealing $15 in gas; A Gouverneur teen (17) is charged with possessing a stolen cell phone; a Calcium man is charged with issuing a bad check to his vet’s office.

I think that’s it. Rough weekend. And hey, be careful out there.

 

 

What we learn from the ugly side of the BBC

Jimmy Saville Source: Wikipedia

Here at the In Box, we’ve grappled at length with the travails of traditionalist organizations caught up in long-running child-sex scandals.

Again and again, the institutional shame isn’t the crime — pedophilia, rape and sexual assault can happen anywhere, anytime– but in the coverup, and the fact that people in positions of power allowed children to be abused for so long.

From the Roman Catholic church to the Church of England to the Boy Scouts, finding the truth has taken far, far too long.

Even the hallowed halls of college sports arenas proved vulnerable to the self-serving coverup.

But it’s important and only fair to acknowledge, and speak bluntly, when similar woeful crimes occur in a modernist, secular institution — and this time the shame of cover-up falls very close to home indeed.

The BBC is sort of a sister organization to America’s public radio network.  NCPR and most other public radio stations in the US carry at least some of the British Broadcasting Corporation’s programming.

For decades, “the Beeb” has been the gold standard of journalistic rectitude, honesty, self-examination and transparency.  Or so we thought.

It turns out the network — along with a lot of respected British institutions — turned a blind eye to the predatory nastiness of Jimmy Savile, a popular radio and television personality who allegedly assaulted hundreds of young girls over a span of three decades.

Network executives turned a blind eye to his behavior and engaged in a cover-up when a documentary about his purported crimes was censored. That bit of skulduggery is still being investigated.

Meanwhile, one of the BBC’s flagship news programs, “Newsnight,” appeared cheerfully eager to report on allegations of child-sex abuse on the part of a British Conservative politicians.

It turns out, the BBC got that story woefully wrong and was forced to apologize “unreservedly for having broadcast this report.”  The network has put Newnight on hiatus, roughly the equivalent of putting “60 Minutes” in a time-out.

The BBC’s top executive, George Entwistle, has resigned, and it appears likely that far more severe consequences will follow.

The take-away is clear.  The leaders of any organization — conservative, liberal, traditional, modern — are vulnerable to thinking that their careers and their institutions are more important than the well-being and safety of children.

That is a sad and astonishing but unavoidable fact about human nature. People who should know better seem remarkably blithe about setting aside the most obvious moral function of any society — protecting kids.

Even organizations that lack the cloistered, hierarchical and sex-averse trappings of many churches and other traditionalist organizations are capable of turning away, of accepting upside-down priorities.

Here in the U.S., the only logical and decent response is to toughen laws criminalizing neglect and cover-ups  that leave children vulnerable.

We should eliminate statutes of limitation and we should approve severe penalties — for individuals and institutions — for those who enable child rape.

Meanwhile, my hope as a journalist is that the BBC will return to its roots as a truth-telling organization, revealing fully and completely how this horror was allowed to go on, and turning over all relevant information to police.

Perhaps with that insight, the proper people can be punished, and we can all learn more about how to prevent this kind of nightmare from recurring.

 

Asking tough questions about North Country prisons

The chow hall at Moriah Shock (Natasha Haverty)

The North Country’s largest single economic force is the local, state and federal prison system which has evolved here over the last quarter century.

Despite the closure of two facilities — in Gabriels and Lyon Mountain — corrections work drives much of our regional economy from Watertown to the Tri-Lakes to the Champlain Valley.

Societies need prisons, but in a part of the world where prison work and prosperity are closely intertwined its important to keep asking tough questions about the morality and policy ideas that shape the system.

This week, the New York Civil Liberties Union released a report — the first that I know of — looking in depth at the widespread use of solitary confinement statewide, and here in our region.

Much of the report focuses on Upstate Correctional facility in Malone, which has more than 1,000 “special housing unit” beds where inmates are kept in what the NYCLU calls “extreme isolation.”

“Where we live, it’s a large farming community,” said former DOCs counselor Dan Benware, a Malone native who worked at Upstate Correctional.

“We have laws on the books against cattle being confined to these huge, huge barns. The Department of Agriculture watches for that type of abuse,” Benware told the NYCLU.  “Yet when it comes to human beings, we are keeping them in cages that wouldn’t be fit for our cows.”

The report should be mandatory reading for anyone thinking seriously about our region, our economy, and the kind of work that many of us and our neighbors do behind bars. That doesn’t mean everyone will (or should) agree with the findings in the report.

“It is our duty to protect those in our custody, as well as our employees,” argued DOCS commissioner Brian Fischer.

“If we fail to protect everyone in our facilities, we fail to maintain the task that has been placed in our trust. The use of disciplinary segregation is important to the overall well-being of any of our prisons. But I also recognize the need to constantly review our policies to determine if what we’re doing is effective and beneficial to everyone.”

It’s refreshing that state officials appear to be receiving this highly critical report with an open mind.

When our collective livelihood depends in large measure on the practice of locking up other people — often people from very different cultures, races and ethnic backgrounds — it’s important to listen closely when moral and ethical concerns are raised.

Check out my story about the NYCLU’s report here.  You’ll find links to the full report, and to the reply from the Department of Correctional Services.

It’s also interesting that over the last week we had two stories on NCPR looking at aspects of the North Country’s prison system, from the ambitious SHOCK incarceration program in Moriah to the solitary program in Malone.

Give these a listen and then join the conversation.  What do you think about the industry that so many of us rely on?  Is it good for our communities?  Good for corrections officers and their families?  Good for inmates.  Comments welcome below.

State police say Hudson rafting guide intoxicated when passenger died

State police say a licensed river guide was legally intoxicated yesterday when a passenger was lost in whitewater on the Hudson River.

Rory Fay, 37, from North Creek, has been accused of criminally negligent homicide following the incident.

According to a statement released by state police, Fay was leading a trip down the river on Thursday when two passengers were “ejected from the raft in whitewater conditions.”

One passenger made it safely to shore but 53-year-old Tamara Blake, from Columbus, Ohio, was swept away.

“New York State Police Aviation was utilized to search the river and Blake’s body was discovered approximately five miles down stream in the Hudson River,” according to state police.

An autopsy was scheduled for today in Saranac Lake.

According to officials, it was “determined that Rory Fay was intoxicated while transporting Clar and Blake on the rafting trip.”

State Police consulted with Hamilton County District Attorney Marsha Purdue and Fay was arrested for Criminally Negligent Homicide regarding the death of Blake. Fay was subsequently arraigned before Indian Lake Town Justice Judy Durken and remanded to the Hamilton County Jail in lieu of $50,000 bail or $100,000 bond.On September 27, 2012, at approximately 12:00 p.m.

Fay was employed by the Hudson River Rafting Company, which faced accusations last year of endangering customers.  The charges against him are only allegations.  He is innocent until proven guilty.

Franklin County drug arrests, politics

Usually, drug arrest sweep stories are pretty straight forward in the North Country, so Miranda Orso’s report this morning for the Plattsburgh Press-Republican makes for some interesting reading.

Franklin County officials rounded up 20 individuals for allegedly using or selling drugs illegally.  That’s pretty standard fare for the region.  What’s unique is the narrative offered by officials for the source of the drug problem.

Malone’s village police pointed the finger at the growing problem of prescription drugs, particularly those purchased using Medicaid dollars.

“I would say prescription drugs are probably 60 percent of our arrests,” Malone Village Chief Chris Premo said.  “These are all prescription drugs that these people are being prescribed by local doctors.”

That’s serious stuff.  And while officials say they are investigating to determine whether Medicaid fraud occurred, there’s no word yet on any effort to investigate doctors.

Meanwhile, Franklin County district attorney Derek Champagne put forward another provocative argument for these arrests, suggesting that at least some were made necessary by reforms to the Rockefeller drug laws.

“It is unfortunate that changes to the laws would appear to have opened new markets for heroin and cocaine in rural upstate New York,” he said. “If the dealers believe they can distribute without facing significant incarceration, then we need to educate them to the contrary.” He said his office will continue to identify dealers who deserve state prison and work toward lengthy sentences.

The legislature’s decision to downscale lengthy mandatory minimum sentences for low-level drug offenders was opposed by most district attorneys in New York.  But this is the first time I’ve heard a North Country official connect drug arrests to the change.

Morning Read: Years after Sen. Ron Stafford’s passing, Kay Stafford draws scrutiny

This morning, the Albany Times-Union reports on a detailed investigation by the state Comptroller’s office into alleged mismanagement and corruption at the state’s Office for Technology.

The report details behavior by OFT that amounts to bribery and nepotism.

It also describes a complicated arrangement involving Kay Stafford, widow of  the North Country’s legendary state Sen. Ron Stafford.

The Times-Union article recounts how OFT “set up an unfair bidding process that resulted in CMA Consulting Services being inserted into a deal between OFT and Computer Associates Inc…”

Latham-based CMA has deep political connections: Kay Stafford, its president, is the widow of Republican state Sen. Ron Stafford. During the period in question, former Senate Majority Leader Joseph L. Bruno had just come aboard as the firm’s CEO.

Eventually, the three-way deal between OFT, CMA and Computer Associates ran aground, causing the state to terminate the contract “for cause,” a determination with potentially serious consequences for both firms. But in an arrangement that the comptroller determined at the time to be questionable, OFT offered to drop the “for cause” determination in exchange for a credit of $350,000.

Computer Associates employees described feeling “held hostage” by OFT’s terms, which the agency pursued despite telling the comptroller’s office it had dropped the idea. It eventually provided OFT with $222,743 in credits. CMA’s management refused to pay a similar sum.

This isn’t the first time that Kay Stafford has faced media questions about her company’s ties.  In 2009, when former Senate Majority leader Joe Bruno was facing Federal charges, the New York Times profiled her.

She hired [Bruno] as CMA’s chief executive in the summer of 2008 after he retired from the Senate amid a federal corruption investigation. She kept Mr. Bruno on even after he was indicted on eight felony counts earlier this year. And she has been his constant companion at the most difficult time in his public life.

In 2009, the New York Observer also noted that Kay Stafford continued to wield Ron Stafford’s political funds, distributing roughly $60,000 to candidates and charities that year.

“I’ve never heard of ghost contributions before, but I guess it applies,” said Blair Horner, NYPIRG’s chief lobbyist for government reform at the Capitol. “This clearly underscores that there needs to be a law that you have to give the money back.”

That year, the Albany Times-Union cited Stafford fund’s continuing political donations as a concern in a lead editorial.

Not to fault Ms. Stafford’s charitable contributions, but that’s a lot of good will she can buy for herself and her company, CMA Consulting Services, which is registered to do lobbying work. It can’t even remotely be argued that Mr. Stafford’s campaign fund exists for its original purpose — to finance his re-election campaigns.

The former Senator passed away in 2005, but one of his campaign funds still has more than $27,000, according to filings completed in 2012.

Prisons: Dealing with Dementia

This weekend the New York Times reported on how prisons are working to care for inmates with dementia. It’s a growing problem:

“Dementia in prison is an underreported but fast-growing phenomenon, one that many prisons are desperately unprepared to handle. It is an unforeseen consequence of get-tough-on-crime policies — long sentences that have created a large population of aging prisoners.”

Different states providing services to those inmates in different ways. According to the article, New York state has

“…taken the top dollar route, establishing a separate unit for cognitively impaired inmates and using professional caregivers, at a cost of about $93,000 per bed annually, compared with $41,000 in the general prison population.”

But California and Louisiana are trying something different–teaching prisoners to assist their disabled peers with daily tasks.

At the California Men’s Colony, those prisoners are called Gold Coats. They get paid $50 a month to help prisoners with dementia do things like shower, put on deodorant, shave. It’s not an easy task: “you get spit on, feces thrown on you, urine on you, you get cursed out,” inmate Shawn Henderson told the NYT.

The Gold Coats are often the first to notice when a prisoner develops signs of dementia or Alzheimers. And even though the job isn’t easy, it can be rewarding: ”“Now when I come into an encounter like that on the street, I can be a lot more compassionate,” Henderson said.

When resources are stretched thin, how do you think prisons should care for inmates with dementia? And is a peer assistance program like Gold Coats the best approach?

The Amish Bernie Madoff

Monday morning, Nora Flaherty reports on a new PBS film that explores the lives of modern Amish communities, including the growing network of families here in the North Country.

I’m fascinated by the Amish because they seem in many ways to be living out the dream that many Americans cherish, that of maintaining their lives in the model of a 19th or early 20th century small town.

This is the sort of Christian agrarian society that serves as the touchstone for many of our traditions and values.

The Amish don’t just yack about that way of life on the campaign trail, or make corny movies about it.  They actually walk the walk, standing deliberately apart from the rest of us in our onrushing, pell-mell, multicultural urban society.

Which is why it’s so fascinating to catch glimpses of where the Amish world matches — and where it defies — our ideals of America’s golden age.

This morning, the New York Times is reporting on an Amish businessman in Ohio who allegedly created a Ponzi scheme to defraud his neighbors that was every bit as pernicious as the one created by New York City sophisticate Bernie Madoff.

This postcard from a gentler and simpler America is about as unlikely a place imaginable for the news that broke in September: one of Sugarcreek’s own, a prominent member of what some people here call the Plain Community, was under arrest, accused by federal prosecutors of running a Ponzi scheme that betrayed his neighbors’ trust and wiped out more than $16 million of their savings.

The news media made the obvious comparisons.  The elderly defendant, Monroe L. Beachy, had been a respected financial figure in his community for decades — just like Bernard L. Madoff, the master swindler.

Mr.  Beachy is innocent until and unless he is proven guilty.  And obviously the dollar amounts are much smaller.  This is, after all, rural Ohio, not Manhattan.

But I think stories like this one remind us to tread carefully when we think about our rural cultural roots.  When we idolize, we forget the complexities.

When we romanticize, we forget that human temptation and frailty is a universal phenomenon, not an urban one.