Thursday, November 6, 2008
The Court Report
By Richard Blassberg
Serious Doubt Cast Upon Charges Leveled By Chief
Hall Against Harrison Police Officer Tancredi
Issues Of Retaliation And Procedural Deficiency Halt Disciplinary Hearing
Last Wednesday morning, October 29th, the long-anticipated disciplinary hearing into the alleged misconduct of Harrison Town Police Officer Ralph Tancredi finally got underway. Well, almost. Tony Castro, appointed Special Prosecutor by the Harrison Town Board several months ago for the proffering of charges by Harrison Police Chief David Hall against Officers Ralph Tancredi and Stephen Heisler,
offered opening remarks detailing incidents in the Harrison community, while off-duty, in civilian garb by Ralph Tancredi, on June 2, 5 and 15, 2007, allegedly involving Tancredi in “verbally and physically abusive behavior,” with his then-former girlfriend Sofia Saenz as well as identified, and unspecified patrons of My Place, a bar in Harrison. Castro concluded by stating that Chief Hall, in bringing the charges, was seeking Officer Tancredi’s dismissal from the Department.
Before getting underway, appointed Hearing Officer, Mount Pleasant Town Justice Robert Ponzini, asked Defense attorney for Officer Tancredi, Jonathan Lovett, “Is it your client’s desire to have a public hearing?”
Mr. Lovett responded in the affirmative.
Following Mr. Castro’s presentation of charges, Attorney Lovett came out swinging. He declared, “Guess what’s missing? There’s no date, no time, no year. It’s un-Constitutionally vague, legally deficient.” Glancing toward the Prosecutor’s table, Lovett said, “Those charges are going to come back to haunt Chief Hall.” He went on, “This case is being presented under the 1936 Police Act. There must be an affirmative showing. This police department has more leaks than the Titanic.”
Lovett then went on to explain, “No person who prefers the charges may hear the case.” He then cited the state law, word and verse, that is, as he put it, “A flat-out bar to hearing officers preferring the charges.” He explained that Section 5711(Q) in the State Code was, “special legislation dealing with employment of police in villages as opposed to towns.”
He further declared that, under State law, Local Law 6 of 2008 was, “a complete nullity,” because it, “neglected the need for a referendum.” He then postulated, “Even if there wasn’t such a prohibition, you have two state laws which specifically prohibit what the Town/Village Board did here in appointing a hearing officer.” He concluded, “Six ways from Sunday this whole proceeding is a nullity.”
Lovett then proceeded to broaden the scope of his procedural and subject matter objections, citing England v Louisiana Board Of Medical Examiners 365 U.S. 411, and declaring, “Both acts are First Amendment retaliatory. In any event, there is no jurisdiction.” He then launched an attack upon the integrity and credibility of the Harrison Police Department, citing instance after instance of criminal conduct by high-ranking officers, including Complainant Chief Hall which, he asserted, went “unreported and unpunished.” Mr. Castro twice objected to Lovett’s allegations, and was granted a “continuing objection” by Hearing Of-ficer Ponzini, even as Lovett continued to inform him.
Attorney Lovett next proceeded to turn the language contained in the charges leveled against his client, Officer Tancredi, by Police Chief Hall with respect to the need for “police officers to set a high example, morally, in the community against Hall,” declaring, with regard to those officers who are presently facing charges in Federal Court for various violations of local citizens’ civil rights, “They are the symbols of moral authority.”
Getting more specific, Lovett cited the police and prosecutors’ misconduct with respect to Sofia Saenz, now married to Tancredi, and seated in the courtroom between her mother and her mother-in-law. Lovett told Ponzini, “Sofia Saenz was taken against her will and interrogated for hours while falsely imprisoned.”
Ponzini proceeded to give Special Prosecutor Castro the opportunity to counter Jonathan Lovett’s objections. Castro went on to register his own objections. Ponzini then stated, “Mr. Lovett has brought up several issues, some of which I already have an opinion on.” He then indicated that some issues needed clarification before the proceedings could go forward; “the issues in particular connected to the fact that Harrison is both a town and a village.”
He therefore wisely adjourned the proceedings until November 12, at which time he indicated that he expected to have received papers from
each side explaining their respective positions with regard to the procedural and jurisdictional objections raised by Mr. Lovett.
It should be noted that there were some 15 members of the Harrison Police Department PBA, of which Officer Tancredi was President until earlier this year, present at the hearing.
Samuel Israel Pleading
Postponed One More Time
United States District Court for the
Southern District of New York
300 Quarropas Street, White Plains
Judge Kenneth M. Karas Presiding
Last Tuesday, October 28th, Samuel Israel III appeared in Federal District Court, White Plains, scheduled to plead to a single count of Escape, having faked a suicide from the Bear Mountain Bridge on June 9, 2008, then turning himself in to authorities in Massachusetts several weeks later. Having twice previously attempted to plead guilty to the single charge, which, conceivably, could tack another ten
years on to the 20 years he is already facing, in a $450 million investment swindle scheme, Israel, who reportedly had completed his
methadone detoxification program, according to Dr. Gail Bailey-Wallace, Medical Director of the Westchester County Jail, and accordingly diagnosed as “fully functioning and competent to enter a plea,” nevertheless, came to Court apparently with some medical and psychiatric
issues still unresolved.
Tuesday’s session, which had originally been scheduled as a pleading, in fact, as predicted by Assistant United States Attorney Sarah Krissoff , in her October 15, 2008 correspondence to Judge Karas, turned into a status conference. Barry Bohrer, lead attorney for
Defendant Israel, when recognized by the Judge, opened with, “Your Honor, we have been in discussion with the Government. If we might meet in sidebar, as we did last time, it might be more efficient.” Judge Karas, characteristically light-spirited, responded, “I’m all for
efficiency.”
During the sidebar, which lasted five or six minutes, Israel, who remained seated at the Defense table, as he had on prior occasions, this time turned to the FBI agent seated at the Prosecution table, and made some brief, indistinguishable remarks. Returning from sidebar, Mr. Bohrer addressed the Court, “Your Honor, we have made application seeking that Mr. Israel be sent to the Federal Medical Facility in Butler, North
Carolina.” Assistant United States Attorney Krissoff immediately followed with, “The Government joins that application in light of
our understanding of Mr. Israel’s condition.”
Judge Karas then acknowledged the Court’s desire to deal with Mr. Israel “fairly, properly, and efficiently,” and granted the Defense application. Karas, in granting the application, cited Federal Rule of Procedure 3161 (h)(1)(A), indicating that he was doing so, “Firstly,
to determine the physical and mental capacity of the Defendant, and, secondly, in the interest of Justice.” Karas then stated, “We should put this over to the end of February to take care of any issues. So let’s say February 27, at 2pm.”
Showing posts with label Dave Hall. Show all posts
Showing posts with label Dave Hall. Show all posts
Thursday, November 6, 2008
Thursday, June 26, 2008
Westchester Guardian/Harrison.
Thursday, June 26, 2008
Harrison’s Joan Walsh Speaks
For The ‘Frightened’ Majority
She Stands Up To Those On Corrupt ‘Gravy Train’
By Richard Blassberg
Last Wednesday night, June 18, Harrison Supervisor Joan Walsh demonstrated her mettle in the face of extreme opposition from the forces of Anthony Marraccini and his front-man, Dave Hall. In keeping with an agreement, reached by the Town Board at their prior meeting, to bring in an outside investigator to assess the cause of no fewer than 11 legal actions, most in Federal Court, currently pending against members of the Harrison Police Department, Walsh had called for a special closed-door session with fellow Board members to meet
with, and possibly choose, one of two investigative agencies.
As events turned out, representatives from Daylight Forensic And Advisory and from Kroll Associates, two New York City firms, were never given the opportunity to present their credentials or pitch their services. Instead, some 150 or so individuals, many of them police officers from other towns and counties, several of them including former Chief Longworth of Dobbs Ferry and current Greenburgh Chief
Kapica, aligned with Police Chief Hall through the New York State Association of Chiefs of Police, came out to lend their voices in opposition to any possible investigation into misconduct by such notables as Captain Anthony Marraccini and Officers Richard Light
and Ed Lucas, as well as Chief Hall.
Ironically, one of the cases in Federal Court, brought by several members of the Harrison PBA, involves allegations that Chief Hall intercepted and misappropriated a $2500 check sent as proceeds from a fundraiser to the PBA, forged the payee by changing the face of the check, and then converted the proceeds by depositing the check into the account of the very same New York State Association of Chiefs of Police, 15 of whose members were at the meeting.
There were other interesting ironies as well; Albert J. Pirro, Jr., convicted Federal felon, tax cheat, and notorious “fix-it man”, acting as counsel to Chief Hall, attempting to lecture Supervisor Walsh about “wasting taxpayers’ money and making a mockery of the Town.”
Most hilarious was Pirro’s assertion that Chief Hall was so certain that there has been no wrongdoing in his Department that, “He welcomes
a full investiga-tion by the Department of Justice.” Of course, Al knows all about those; and his client is, no doubt, a little late extending
the welcome mat to the FBI.
The Guardian has been closely monitoring events in Harrison for the better part of two years, reporting one Federal lawsuit after another, involving a small clique of high-ranking police of-ficers who repeatedly engage in conduct that violates the civil rights of civilians as well as rank and file members of the Harrison Police Department. We will continue to watch developments very closely as the effort to rid the Town of corruption and tyranny goes forward.
Harrison’s Joan Walsh Speaks
For The ‘Frightened’ Majority
She Stands Up To Those On Corrupt ‘Gravy Train’
By Richard Blassberg
Last Wednesday night, June 18, Harrison Supervisor Joan Walsh demonstrated her mettle in the face of extreme opposition from the forces of Anthony Marraccini and his front-man, Dave Hall. In keeping with an agreement, reached by the Town Board at their prior meeting, to bring in an outside investigator to assess the cause of no fewer than 11 legal actions, most in Federal Court, currently pending against members of the Harrison Police Department, Walsh had called for a special closed-door session with fellow Board members to meet
with, and possibly choose, one of two investigative agencies.
As events turned out, representatives from Daylight Forensic And Advisory and from Kroll Associates, two New York City firms, were never given the opportunity to present their credentials or pitch their services. Instead, some 150 or so individuals, many of them police officers from other towns and counties, several of them including former Chief Longworth of Dobbs Ferry and current Greenburgh Chief
Kapica, aligned with Police Chief Hall through the New York State Association of Chiefs of Police, came out to lend their voices in opposition to any possible investigation into misconduct by such notables as Captain Anthony Marraccini and Officers Richard Light
and Ed Lucas, as well as Chief Hall.
Ironically, one of the cases in Federal Court, brought by several members of the Harrison PBA, involves allegations that Chief Hall intercepted and misappropriated a $2500 check sent as proceeds from a fundraiser to the PBA, forged the payee by changing the face of the check, and then converted the proceeds by depositing the check into the account of the very same New York State Association of Chiefs of Police, 15 of whose members were at the meeting.
There were other interesting ironies as well; Albert J. Pirro, Jr., convicted Federal felon, tax cheat, and notorious “fix-it man”, acting as counsel to Chief Hall, attempting to lecture Supervisor Walsh about “wasting taxpayers’ money and making a mockery of the Town.”
Most hilarious was Pirro’s assertion that Chief Hall was so certain that there has been no wrongdoing in his Department that, “He welcomes
a full investiga-tion by the Department of Justice.” Of course, Al knows all about those; and his client is, no doubt, a little late extending
the welcome mat to the FBI.
The Guardian has been closely monitoring events in Harrison for the better part of two years, reporting one Federal lawsuit after another, involving a small clique of high-ranking police of-ficers who repeatedly engage in conduct that violates the civil rights of civilians as well as rank and file members of the Harrison Police Department. We will continue to watch developments very closely as the effort to rid the Town of corruption and tyranny goes forward.
Thursday, April 19, 2007
Court Report:
Harrison Police Officers File Complaint In Federal Court
Against Chief David Hall And Lt. Lawrence Marshall
Officers Allege Forgery, Theft, and Civil Rights Violations
Editor’s Note:
The complaint reproduced, in part, below, filed two weeks ago in United States Federal District Court, White Plains, in charging Town of Harrison Police Chief David Hall and Lieutenant Lawrence Marshall, specifies both
criminal offenses, and violation of the Civil Rights of the Plaintiff Police Officers, under color of law. The action is being brought in Federal Court because the Plaintiffs do not believe they can obtain justice in State Court.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-----------------------------------------------------------x
WILLIAM C. DUFFELMEYER, MICHAEL
WALTHER, STEVEN HEISLER, JEFF NARDI,
STEPHEN M. CARPINIELLO, EDWARD 07 Civ. ( )
ARCE, RALPH TANCREDI, PETER
DeVITTORIO, MICHAEL MARINELLI,
and ARTHUR MARINELLI,
Plaintiffs, COMPLAINT
-against-
LAWRENCE MARSHALL, individually,
DAVID HALL, individually, and Jury Trial Demanded
the TOWN/VILLAGE OF HARRISON,
New York,
Defendants.
----------------------------------------------------------x
Plaintiffs WILLIAM C. DUFFELMEYER, MICHAEL WALTHER,
STEVEN HEISLER, JEFF NARDI, STEPHEN M. CARPINIELLO,
EDWARD ARCE, RALPH TANCREDI, PETER DeVITTORIO,
MICHAEL MARINELLI, and ARTHUR MARINELLI by their attorneys
Lovett & Gould, LLP, for their complaint respectfully state:
NATURE OF THE ACTION
1. This is an action for compensatory and punitive damages, resulting
from jointly engaged-in conduct of Defendants taken while acting
under color of the laws of the State of New York, proximately resulting of
violations of Plaintiff ’s rights as guaranteed by the First Amendment to
the United States Constitution, 42 U.S.C. §1983.
JURISDICTION
2. The Court’s jurisdiction is invoked pursuant to 28 U.S.C. §§1331,
1343.
THE PARTIES
3. Plaintiffs WILLIAM C. DUFFELMEYER, MICHAEL WALTHER,
STEVEN HEISLER, JEFF NARDI, STEPHEN M. CARPINIELLO,
EDWARD ARCE, RALPH TANCREDI, PETER DeVITTORIO,
MICHAEL MARINELLI, and ARTHUR MARINELLI are citizens of the
United States, domiciliaries of the State of New York, and residents of the
Northern Counties. Each of the Plaintiffs is employed as a sworn member
of the police department of the Defendant Town/Village of Harrison.
4. Defendant LAWRENCE MARSHALL (hereinafter “Marshall”), who
is sued in his individual and personal capacities only, at all times relevant
to this complaint was employed as a Lieutenant in the police department
of the said Town/Village.
5. Defendant DAVID HALL (hereinafter “Hall”), who is sued in
his individual and personal capacities only, at all times relevant to this
complaint was employed as the Chief of Police of the Defendant Town/
Village.
6. Defendant TOWN/VILLAGE OF HARRISON, New York
(hereinafter “Town”), is a municipal corporate subdivision of the State
of New York duly existing by reason of and pursuant to the laws of said
State.
THE FACTS
7. By correspondence dated March 28, 2007, Plaintiffs Duffelmeyer,
Heisler, Carpiniello, Tancredi, Walther, Arce, and DeVittorio advised the
members of the Town’s Board of Police Commissioner and Police Captain
Anthony Marraccini in pertinent respect:
“This letter is to inform you of a disturbing set of circumstances
that may constitute the possible commission of a crime..
Editor’s Note:
The complaint reproduced, in part, below, filed two weeks ago in United
States Federal District Court, White Plains, in charging Town of Harrison
Police Chief David Hall and Lieutenant Lawrence Marshall, specifies both
criminal offenses, and violation of the Civil Rights of the Plaintiff Police
Officers, under color of law. The action is being brought in Federal Court
because the Plaintiffs do not believe they can obtain justice in State Court.
Harrison Police Officers File Complaint In Federal Court
Against Chief David Hall And Lt. Lawrence Marshall
Officers Allege Forgery, Theft, and Civil Rights Violations
In January, 2007, [PBA] President Tancredi was conducting a
customary examination of the many donations the Harrison Police
Association receives during the Christmas holiday season. Pursuant to
his examination, President Tancredi noticed that Brae Burn Country
Club, as well as other donors, had not sent their customary annual
donation. He inquired with the administration at Brae Burn CC as to
whether they had sent or were going to send their annual donation for
2006. The administration said that they had made a donation of $2,500.00
and that the check was personally picked up by Chief Hall at Brae
Burn CC. The Brae Burn CC administration said that they would look
into the matter and get back to President Tancredi. President Tancredi
and other members of the [PBA’S] executive board were contacted a
short time later and the Brae Burn CC administration was disturbed
to find out that the check had been altered and the funds had been
deposited in the New York State Chiefs of Police Association account
(Chief Hall was the President of the Chiefs Association at the time).
The Brae Burn administration was very clear with President
Tancredi that the check was made out to the Harrison Police
Association and was intended to be a charitable donation to the
Harrison Police Association (see enclosed copy of check). Brae
Burn said they received a receipt (see enclosed copy) for an
advertisement in the Chiefs of Police Association Journal a short
time after Chief Hall picked up the check, but apparently Chief
Hall never discussed the advertisement with the Brae Burn
charitable donation committee and Brae Burn did not authorize
anyone to cross out Harrison in the payee line and replace it with
Chiefs. They also said they were very surprised when they saw that
the funds had gone to the Chiefs of Police Association and not the
Harrison Police Association.
President Tancredi, under his belief that a mistake had been
made, discussed the matter with the Association’s executive board
and some other members of the Association. Vice President
Michael Walther subsequently asked Chief Hall if he had any
checks or donations that were intended for the Harrison Police
Association. The hope was that a mistake had been made. In the past,
some donations that were intended for the Association had been
mistakenly deposited into the Town of Harrison accounts and
reimbursements by the Town were made to the Association when
the errors were made apparent. Chief Hall, however, informed
Vice President Walther that he did not have any checks or any
funds that were intended for the Association.
. . .[T]he [PBA] members concluded that it was possible that the
Brae Burn donation check may have been intentionally altered and
redirected into the Chiefs of Police account. As this would
constitute a criminal act, it [is] the understanding of the members of
the Association with knowledge of this possible crime that we have
an obligation to report the incident to the Harrison Police
Department. . .We respectfully request that you investigate this
matter on our behalf. . .It is also our understanding that if we are
not comfortable or disagree with the results of your investigation,
we reserve the right as potential crime victims to pursue the matter
with another law enforcement agency.”
Annexed to the complaint and made and part hereof are copies of the
referenced correspondence and enclosures.
8. Within a matter of hours of the delivery of the correspondence
referenced in the preceding paragraph “7”, Hall directed Marshall and
others in the administration of the Police Department to investigate
the PBA members’ complaint - - not with a view towards ascertaining
if a crime had indeed been committed, but rather with the self-serving
objective of covering-up that crime and silencing the Plaintiffs.
9. In that connection Marshall personally advised the Plaintiffs or
virtually all of the Plaintiffs that they were ordered to silence and were
henceforth forbidden to communicate with any other law enforcement
agencies and/or members of the Harrison Police Department and/or
members of the Harrison Police Association with respect to their factbased
beliefs that Hall had forged the subject check, been in criminal
possession of that forged instrument, and intentionally stole on behalf of
his Chiefs Association moneys he knew were intended for the Harrison
Police Association.
10. With respect to the “gag” order imposed by Marshall for Hall,
Marshall informed Plaintiffs that the issue of Hall’s apparent commission
of several felonies was being referred to the so-called Public Integrity
Bureau of the Westchester County District Attorney’s Office -----.
11. Each of the Plaintiffs is aware of Marshall’s order, Marshall
and Hall’s threat of retaliatory disciplinary action in the event of noncompliance,
and the self-evident cover-up presently underway to insulate
Hall from criminal prosecution.
12. As a proximate result each of the Plaintiffs has been chilled in the
prospective exercise of his rights of association, speech and to petition
government for the redress of grievance. None will risk the threat of a
disciplinary prosecution with the prospect of an indefinite suspension
without pay. None will report to any other law enforcement agency the
apparent crimes as committed by Hall. None will discuss the matter
further.
13. By reason of Defendants’ conduct each of the Plaintiffs has been
caused: emotional upset; anxiety; violations of their First Amendment
protected rights; humiliation; embarrassment; shame and has otherwise
been rendered sick and sore.
AS AND FOR A CLAIM
13. Repeat and reallege as if fully set forth the allegations of fact
contained in paragraphs “1” to “`12”, inclusive.
14. Under the premises Defendants’ conduct violated Plaintiffs’
rights as guaranteed by the First Amendment to the United States
Constitution, 42 U.S.C. §1983.
WHEREFORE a judgment is respectfully demanded:
a. Awarding against the individually named Defendants
such punitive damages as the jury may impose,
b. Awarding against all Defendants such compensatory
damages as the jury may determine,
c. Awarding reasonable attorney’s fees and costs, and,
d. Granting such other and further relief as to the Court
seems just and proper.
Dated: White Plains, N.Y.
April 6, 2007
LOVETT & GOULD, LLP
By:____________________
Jonathan Lovett (4854)
Attorneys for Plaintiffs
222 Bloomingdale Road
White Plains, N.Y. 10605
Harrison Police Officers File Complaint In Federal Court
Against Chief David Hall And Lt. Lawrence Marshall
Officers Allege Forgery, Theft, and Civil Rights Violations
Editor’s Note:
The complaint reproduced, in part, below, filed two weeks ago in United States Federal District Court, White Plains, in charging Town of Harrison Police Chief David Hall and Lieutenant Lawrence Marshall, specifies both
criminal offenses, and violation of the Civil Rights of the Plaintiff Police Officers, under color of law. The action is being brought in Federal Court because the Plaintiffs do not believe they can obtain justice in State Court.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-----------------------------------------------------------x
WILLIAM C. DUFFELMEYER, MICHAEL
WALTHER, STEVEN HEISLER, JEFF NARDI,
STEPHEN M. CARPINIELLO, EDWARD 07 Civ. ( )
ARCE, RALPH TANCREDI, PETER
DeVITTORIO, MICHAEL MARINELLI,
and ARTHUR MARINELLI,
Plaintiffs, COMPLAINT
-against-
LAWRENCE MARSHALL, individually,
DAVID HALL, individually, and Jury Trial Demanded
the TOWN/VILLAGE OF HARRISON,
New York,
Defendants.
----------------------------------------------------------x
Plaintiffs WILLIAM C. DUFFELMEYER, MICHAEL WALTHER,
STEVEN HEISLER, JEFF NARDI, STEPHEN M. CARPINIELLO,
EDWARD ARCE, RALPH TANCREDI, PETER DeVITTORIO,
MICHAEL MARINELLI, and ARTHUR MARINELLI by their attorneys
Lovett & Gould, LLP, for their complaint respectfully state:
NATURE OF THE ACTION
1. This is an action for compensatory and punitive damages, resulting
from jointly engaged-in conduct of Defendants taken while acting
under color of the laws of the State of New York, proximately resulting of
violations of Plaintiff ’s rights as guaranteed by the First Amendment to
the United States Constitution, 42 U.S.C. §1983.
JURISDICTION
2. The Court’s jurisdiction is invoked pursuant to 28 U.S.C. §§1331,
1343.
THE PARTIES
3. Plaintiffs WILLIAM C. DUFFELMEYER, MICHAEL WALTHER,
STEVEN HEISLER, JEFF NARDI, STEPHEN M. CARPINIELLO,
EDWARD ARCE, RALPH TANCREDI, PETER DeVITTORIO,
MICHAEL MARINELLI, and ARTHUR MARINELLI are citizens of the
United States, domiciliaries of the State of New York, and residents of the
Northern Counties. Each of the Plaintiffs is employed as a sworn member
of the police department of the Defendant Town/Village of Harrison.
4. Defendant LAWRENCE MARSHALL (hereinafter “Marshall”), who
is sued in his individual and personal capacities only, at all times relevant
to this complaint was employed as a Lieutenant in the police department
of the said Town/Village.
5. Defendant DAVID HALL (hereinafter “Hall”), who is sued in
his individual and personal capacities only, at all times relevant to this
complaint was employed as the Chief of Police of the Defendant Town/
Village.
6. Defendant TOWN/VILLAGE OF HARRISON, New York
(hereinafter “Town”), is a municipal corporate subdivision of the State
of New York duly existing by reason of and pursuant to the laws of said
State.
THE FACTS
7. By correspondence dated March 28, 2007, Plaintiffs Duffelmeyer,
Heisler, Carpiniello, Tancredi, Walther, Arce, and DeVittorio advised the
members of the Town’s Board of Police Commissioner and Police Captain
Anthony Marraccini in pertinent respect:
“This letter is to inform you of a disturbing set of circumstances
that may constitute the possible commission of a crime..
Editor’s Note:
The complaint reproduced, in part, below, filed two weeks ago in United
States Federal District Court, White Plains, in charging Town of Harrison
Police Chief David Hall and Lieutenant Lawrence Marshall, specifies both
criminal offenses, and violation of the Civil Rights of the Plaintiff Police
Officers, under color of law. The action is being brought in Federal Court
because the Plaintiffs do not believe they can obtain justice in State Court.
Harrison Police Officers File Complaint In Federal Court
Against Chief David Hall And Lt. Lawrence Marshall
Officers Allege Forgery, Theft, and Civil Rights Violations
In January, 2007, [PBA] President Tancredi was conducting a
customary examination of the many donations the Harrison Police
Association receives during the Christmas holiday season. Pursuant to
his examination, President Tancredi noticed that Brae Burn Country
Club, as well as other donors, had not sent their customary annual
donation. He inquired with the administration at Brae Burn CC as to
whether they had sent or were going to send their annual donation for
2006. The administration said that they had made a donation of $2,500.00
and that the check was personally picked up by Chief Hall at Brae
Burn CC. The Brae Burn CC administration said that they would look
into the matter and get back to President Tancredi. President Tancredi
and other members of the [PBA’S] executive board were contacted a
short time later and the Brae Burn CC administration was disturbed
to find out that the check had been altered and the funds had been
deposited in the New York State Chiefs of Police Association account
(Chief Hall was the President of the Chiefs Association at the time).
The Brae Burn administration was very clear with President
Tancredi that the check was made out to the Harrison Police
Association and was intended to be a charitable donation to the
Harrison Police Association (see enclosed copy of check). Brae
Burn said they received a receipt (see enclosed copy) for an
advertisement in the Chiefs of Police Association Journal a short
time after Chief Hall picked up the check, but apparently Chief
Hall never discussed the advertisement with the Brae Burn
charitable donation committee and Brae Burn did not authorize
anyone to cross out Harrison in the payee line and replace it with
Chiefs. They also said they were very surprised when they saw that
the funds had gone to the Chiefs of Police Association and not the
Harrison Police Association.
President Tancredi, under his belief that a mistake had been
made, discussed the matter with the Association’s executive board
and some other members of the Association. Vice President
Michael Walther subsequently asked Chief Hall if he had any
checks or donations that were intended for the Harrison Police
Association. The hope was that a mistake had been made. In the past,
some donations that were intended for the Association had been
mistakenly deposited into the Town of Harrison accounts and
reimbursements by the Town were made to the Association when
the errors were made apparent. Chief Hall, however, informed
Vice President Walther that he did not have any checks or any
funds that were intended for the Association.
. . .[T]he [PBA] members concluded that it was possible that the
Brae Burn donation check may have been intentionally altered and
redirected into the Chiefs of Police account. As this would
constitute a criminal act, it [is] the understanding of the members of
the Association with knowledge of this possible crime that we have
an obligation to report the incident to the Harrison Police
Department. . .We respectfully request that you investigate this
matter on our behalf. . .It is also our understanding that if we are
not comfortable or disagree with the results of your investigation,
we reserve the right as potential crime victims to pursue the matter
with another law enforcement agency.”
Annexed to the complaint and made and part hereof are copies of the
referenced correspondence and enclosures.
8. Within a matter of hours of the delivery of the correspondence
referenced in the preceding paragraph “7”, Hall directed Marshall and
others in the administration of the Police Department to investigate
the PBA members’ complaint - - not with a view towards ascertaining
if a crime had indeed been committed, but rather with the self-serving
objective of covering-up that crime and silencing the Plaintiffs.
9. In that connection Marshall personally advised the Plaintiffs or
virtually all of the Plaintiffs that they were ordered to silence and were
henceforth forbidden to communicate with any other law enforcement
agencies and/or members of the Harrison Police Department and/or
members of the Harrison Police Association with respect to their factbased
beliefs that Hall had forged the subject check, been in criminal
possession of that forged instrument, and intentionally stole on behalf of
his Chiefs Association moneys he knew were intended for the Harrison
Police Association.
10. With respect to the “gag” order imposed by Marshall for Hall,
Marshall informed Plaintiffs that the issue of Hall’s apparent commission
of several felonies was being referred to the so-called Public Integrity
Bureau of the Westchester County District Attorney’s Office -----.
11. Each of the Plaintiffs is aware of Marshall’s order, Marshall
and Hall’s threat of retaliatory disciplinary action in the event of noncompliance,
and the self-evident cover-up presently underway to insulate
Hall from criminal prosecution.
12. As a proximate result each of the Plaintiffs has been chilled in the
prospective exercise of his rights of association, speech and to petition
government for the redress of grievance. None will risk the threat of a
disciplinary prosecution with the prospect of an indefinite suspension
without pay. None will report to any other law enforcement agency the
apparent crimes as committed by Hall. None will discuss the matter
further.
13. By reason of Defendants’ conduct each of the Plaintiffs has been
caused: emotional upset; anxiety; violations of their First Amendment
protected rights; humiliation; embarrassment; shame and has otherwise
been rendered sick and sore.
AS AND FOR A CLAIM
13. Repeat and reallege as if fully set forth the allegations of fact
contained in paragraphs “1” to “`12”, inclusive.
14. Under the premises Defendants’ conduct violated Plaintiffs’
rights as guaranteed by the First Amendment to the United States
Constitution, 42 U.S.C. §1983.
WHEREFORE a judgment is respectfully demanded:
a. Awarding against the individually named Defendants
such punitive damages as the jury may impose,
b. Awarding against all Defendants such compensatory
damages as the jury may determine,
c. Awarding reasonable attorney’s fees and costs, and,
d. Granting such other and further relief as to the Court
seems just and proper.
Dated: White Plains, N.Y.
April 6, 2007
LOVETT & GOULD, LLP
By:____________________
Jonathan Lovett (4854)
Attorneys for Plaintiffs
222 Bloomingdale Road
White Plains, N.Y. 10605
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