coc
§
Capital District Coalition Against
Apartheid and Racism
Box 3002 - Pine Hills Station
Albany, New York 12203
February 1, 1990
Chief John Dale
City of Albany Police Department
Division Two - Morton Avenue
Albany, New York 12202
Dear Chief Dale:
I am writing on behalf of the Coalition Against Apartheid and Racism to request a
meeting with you to discuss a number of allegations of brutality and misconduct by Albany
City Police Officers reported this past year.
Ifyour schedule permits, several representatives of the Coalition would like to meet with
you at 9:00 am on either Friday, February 23, 1990 or Monday, February 26, 1990. Please let
us know which date is most convenient for you.
We appreciate your willingness to meet as it is important to establish and maintain a
dialogue toward change that will produce a safer and more peaceful community.
Sincerely,
Vickie A. Smith
On behalf of
the Coalition
This pamphlet is not a substitute for
the advice of a lawyer.
If you are arrested or if you think you
are about to be arrested, your first
step should be to obtain the
assistance of a lawyer. To get legal
help, contact any of the following:
Albany County Public Defender
447-7150
Albany County Bar Association
(Lawyer Referral Service)
445-7691
NY State Defender Association
465-3524
satiate te italic Eeante tet
To file a complaint about
police abuse, contact:
Capital District Coalition
Against Apartheid & Racism
Box 3002 - Pine Hills Station
Albany, NY 12203
Community/Police Relations Board
Albany City Hall, Room 254M
Albany, NY 12207
518 434-5184
The Coalition Against Apartheid and
Racism is collecting information about
incidents of police abuse in Albany so
that trends can be identified and prope
action can be taken to discipline officers
who mistreat citizens. The Coalition
cannot provide individual legal
representation, but we hope to help stop
police abuse by gathering and presenting
documented information about
incidents of police abuse.
a project of the Social Justice Center
Labor Donated
POLICE ABUSE
What To Do
Your rights:
/
on the street a
in a car
at home
if you are
arrested far.
Capital District Coalition Against
Apartheid & Racism
Box 3002, Pine Hill Station
Albany, New York 12203
POLICE ABUSE
INCLUDES:
verbal racial/ethnic slurs and
derogatory comments
physical shoving, kicking,
beating, er any physical con-
tact that is not necessary in
order for the officer to do his
or her job
psychological intimidation -
threats of harm or violence,
threats of trumped-up charges
If you are a victim of police
abuse or witness abuse, obtain
the following information:
Name of officer(s)
Badge number(s)
Car number{s)
Date/Time/ Place
Race, sex, height, weight,
hair, complexion & eye color
of officer(s)
® Name, phone & address of
witness(es)
® Name of victim(s)
If you witness an incident in Albany,
call the Police at 463-4141 and
explain what you observed. This call
will be taped and will document the
incident. Also, file a complaint. (See
back for agencies that will help)
Maman!
If the police stop you on the
street or in a car:
1%
Remain calm and alert. Give only your
name and address when asked (and
provide license, registration and
insurance card if driving a car).
Don't panic
You are not legally required to identify
yourself on the street, but in most
Situations doing so could help prevent
unnecessary confrontation with the
police officer. Pay attention to
everything that is going on and who is
involved.
If the police come to your
home:
fam, Ask to see a warrant
Check name, address & items listed.
Ask to see their badges and ID cards. If
the police do not have a warrant, tell
them politely that you do not want
them to enter your home and ask them
to please leave,
if the police attempt to search your
person, home or car, you do not have
to consent. But if they persist, do not
resist,
If you are arrested, you have the
right:
@ to be informed of the charges against
you. Ask the officers what the charges
are,
@ to remain silent. Do not answer any
questions other than your name and
address. Even if you are innocent,
something you say might be mistated
and used against you.
® (o speak with a lawyer at the place
where you are being held. Ask for an
opportunity to make a telephone call.
@ to have a lawyer appointed for you if
you cannot afford one. If you cannot
afford a lawyer, tell the police and ask to
be provided with a lawyer.
Note: If you are arrested, have a witness
contact a friend or family member
immediately, If injured, ask for medical
treatment. If you don't receive
treatment, obtain it immediately upon
release. Always record the doctor's name
and date and time of treatment.
Remember
pay attention to everything
the officers do.
This pamphiet is a product
of the Legal Redress
Committee of the Albany
NAACP.
The purpose of this
pamphlet is to inform you, in
a general way, about the
legal protections afforded
you or others if stopped or
approached by the police.
This pamphiet is not meant
to be a substitute for the
advice of a lawyer. If you are
ever arrested or if you think
you are about to be arrested,
your first step should be to
obtain the assistance of a
lawyer.
Names and numbers of the
agencies to contact
to get legal help:
@ Albany County Public Defenders:
447-7150
@ Aibany County Bar Association
(Lawyer Referral Service): 445-7691
® New York State Defenders
Association
465-3524
mesh
For information on membership,
contact the-—
Albany Branch NAACP
93 Livingston Avenue
Albany, New York 12207
(518) 462-1823
National Association for the
Advancement of Colored People
Produced by:
Albany Branch NAACP
Legal Redress Committee, 1986
93 Livingston Avenue
Albany, New York 12207
if the police stop you on the
street:
® Be polite—remain calm and alert
®@ Do identify yourself when asked
@ Do not resist a frisk of your body
® Do not resist an arrest
® Do pay attention to everything that
is going on and who is involved
lf arrested; and taken into
custody:
® Do not talk to anyone; me
do not answer any questions. —
® Do request that an attorney be
present for all questioning.
® Do request that an attorney be
present to assist you
before signing anything.
@ Do pay attention to everything
that is going on and
who is involved.
if the police come to your
home:
® Be polite-——-remain calm and alert.
@ Ask to see their warrant.
® Ask to see their badges and
1.D. cards.
® Be sure the search warrant is for
search of your home—and signed
by a judge.
® Be sure the arrest warrant is for
you or someone in your home—
and signed by a judge.
é » If the police do not have a warrant
but insist upon entering your home
without your consent —do not
resist.
@ Do pay attention to everything that
is going on and who is invoived,
if the police stop you in your
car.
@ Be polite—remain caim and alert.
@ Produce license and registration
when asked.
® Do not argue with the officer.
® Consult an attorney if you believe
a traffic ticket was not
issued properly.
® Do pay attention to what is going
on and who is invoived.
legal help:
Names and numbers of the agencies to contact to get
@ Albany County Public Defenders: 447-7150
Remember!
®@ Aiways be poiite.
@ Always remain calm and alert.
® Do not resist the police.
® Do pay attention to what is
going on and who is involved.
Be aware of your rights:
1. You have the right to remain silent.
You may remain completely silent
or answer some questions and
not others.
2. You have the right to speak with
your lawyer at the place where
you are being held.
3. You have the right to telephone
your lawyer, a friend or your family
to notify thern of your arrest.
4, You have the right to have a lawyer
appointed for you if you cannot
afford one.
5. You have the right to have your
lawyer present if you are placed in
a police line-up.
Do not forget—
The best way to protect your
rights is to get
the help of a lawyer.
@ Albany County Bar Association (Lawyer Referral Service): 445-7691
| ® New York State Defenders Association: 465-3524
memerneean nenrenaererenriynieurr arene
(BURSA D NDS EARNER RISER BORNINSE NETORED SHB ESERIES PD PA ROTATE NE EESTI OREN C
Ay, i. V2, ate Cc
B16 OPINION
SATURDAY, FEB. 3, 1990
THE DAILY GAZETTE
Owned and Published by The sg Gazette Co.
$32 State Street, Schenectady,
¥. 12301
John E.N. Hume Il
Editor & Publisher
Orazio Ottaviano
Managing Editor
‘Noted This
Arthur Clayman
Editorial Page Editor
Quotes and Comments
@ “It doesn’t mean the public servant is going to
be nailed on a cross.” — Keith St. John, a member
of Albany’s Community-Police Relations Board, on
what would happen if the board were given real
From the time it was formed in 1986 in re-
sponse to community outrage over the police
of Jessie Davis, Mayor Thomas len
has denied the board the authority it needs to
effectively oversee police operations. While the
board should not see itself as a replacement for
either the police chief or the grand jury, it should
be able to monitor police behavior and report when
there are significant violations of procedures or
law. But to do this, it needs detailed information
from the dep t, and under the current ar-
rangement, it doesn’t get it.
Now, at a time of growing community concern
about police abuse and racism, Whalen
changes that would further limit the s clout.
The mayor wants to reduce the size of the board,
The board shouldn't allow these changes, nor
should it continue to accept its lack of power. ff
uing to erect political ob-
ne me should disband. No board at
all is preferable to a paper one.
@ “Weare pleased with this decision by the court.
We have always maintained that the is a
necessary witness.” — Richard . counsel
for John Poindexter, on the giving his
client access to Ronald Reagan's personal
diaries.
Judge Harold Greene's ruling will serve two
im t purposes. It will make a fair trial for
P xter, who faces criminal for his role
in the Iran-contra affair, more likely. And it will
help the American people learn if told
them the truth about his own role in the affair.
It was Poindexter who effectively killed any
chance that Reagan would be implicated when he
him, the national adviser. Now
says that what he said before wasn’t so, and that
7 |
llave You Met Albany's own
BATMAN
faa a a da &
A member of the Alban,
Police Department has
allegedly been
baseball bat to
members of our
We must stand t
Oppose these racist attacks to
preserve the sa
homes anc our pe
“FSOTIS.
using a
intimidate
community.
ogether and
rely. or our
STOP BATMAN BEFORE HE ‘SI RIKES AGAIN"
JOIN THE CAPITAL DISTRICT COALITION AGAINST APARTHEID & RACISM'S
RALLY
AGAINST
POLICE ABUSE
Monday Feb.19 1:00 pm
ponveres
are vere a em
| For more Inform
‘Albany City Hall
(comer of Washington & Eagle)
Ce een ee a ena
ation Contact Merton Simpson 434-4037
If the cantinuing pattem of police abuse 1s to be stopped. the citizens of Albany rust demand that the city
rake immediate sieps to stop police violence. The alleged wrongdoing by the Albany Police Department's
Rotman” is just the tio of the iceberg when it comes to the larger issue of routine abuse ond use of undue
i force by Albany police, including kicking, shoving. verbal taunting and racial slurs. Among tne
ions of alleged abuse of African-Americans by Albany police officers that have been raported recently
iand and the limes Union are the following
in September, 1989, a man alleged that he was beaten by an officer with a baseball bat and injured so
badly that he had to be transported by ambulance from the police station to Albany
Medical Center;
in October 1988, a man alleged that he was assaulted by police officers, including one who jumped on his
chest and broke his rib. The officers in this case were exonerated by the internal offairs unit of
the police department on the grounds that the conduct “occurred but was lawful and
proper” The criminal charges against this man were dismissed. He has filed a lawsuit
against the city;
in May, 1989, a man was arrested by defectives and alieges that he was severely beaten and kicked by
officers and taunted with racial slurs, The criminal charges against this man were later
dismissed. He has filed a lawsuit against the city;
In August, 1989, a man alleges that he was put in ankle and wrist restraints in the police sfation and bealen
by four officers atter he had appeared in court;
in June 1988, the city awarded $12,500 to a homeless man who had filed a complaint with the Intermal
Affairs Unit, for allegedly being harassed, kicked, and injured by police. He was tailed for six
months in an incident involving the use of a portable toilet on a city street;
5, a my oF sil wolving the Mayor and the Police Departmen Certain
ern tt lice Department see at oe conduct by other officers and Gort say anything. While
dhe mMetimes wiitten Of Gs re teyecctics’ in the “war on drugs’. this is not an acceptable
explanation. Also, many alleged incidents of 5 » abuse against African-Americans has noting to Go With
rug!
f ity of Albany--and not just individual nolice officers -have aliowed a pattern of abuse of African
Arnercans one others {6 exist without doing anything to stop Hin four recent cases, for example porce
fficers were found liable in federal court for iting civil rights, yet none were disciplined Oy the porce
ienarment The city has simply avoided and iqnored this issue
the Capital District Coalition Against Apartheid & Racism calls on Albany residents fo report incidents of
ica abuse and to join with our efforts to stop Dolce GOuse iN OUr communty,
THE COALITION MAKES THE FOLLOWING DEMANDS:
Members of the Albany Police Ceo cartroent Arm) mus! immediately stop the practice of using excessive
ohysical force and abusive Treaime fA Mts
. The APD must conduct an investigation in ailegations of excessive force used by the pouce officer
the community refers to as “Batman. amd ft ar caciplinary action must be taken if wrongdoing i
liscovered
é
tL, An independent civilian review board mus’
misconduct;
("> The Mayor, the Police Deportmen', and the
f raciol or ethnic ‘profiles’ in pohc: CHO CIT
i. The community must be permitted significant
real pian to combeot drugs.
a : 4
{> Medical teatment and substance anuse re ytrth
os etabitished immediately to hear complaints of police
“ict Attorney's Office must immediately condemn the use
pant 1H Wons:
ovement in the development and implementation of a
nt should be made available to anyone who requesis if
tL. Minorities and women must be sought out in order to have a more representative police force
IN ADDITION THE COALITION DEMANDS OF OURSELVES AND OUR COMMUNITY:
( We must take responsibility for ser ing The pros
relction to oreventing and treating SANE. A
tL, We must work in cooperation wit kaw ere
ind build working relations between “>e police
For more information Contact:
eterarearniot ontnen estan ties livian
Box 22 - ve Hills %
i
‘ example for our children and monitoring thew behavior in
snent authorities to eradicate drugs from the community
tthe community
f:
The Capital District Coalition Against Apartheid & Racism (CDCAAR)
tion: Albany, New York 12203
SS
- _Independe
- Needed in
4 By LINDA BARNAS
Gazette
Reporter
ALBANY — Demonstrators at & i
City Hall rally yesterday called for ;
creation of an independent police re- “White parents want to give their
view board to combat what they said r
is repeated police abuse of black and =I?”
we eee tle
SRA 19 9
nt Police Review Board
Albany, S
“It hurts,” she said, that she cannot
jet him drive her car
ight a drug dealer or that he'll be
mpect if wears nice clothes
eurd.
: million federal civil rights sui
Some of the protesters at the by Albany Medical Center Hospital
sparsely attended rally, organized by employee James
the or ee District Coalition against
eid and Racism, described
Apart
their own or their relatives’
alleged
mistreatment at the hands of polos. incident.
Ronald Greer, a client of
sons the best,” she
ing. Lunday alleges t
wrongly arrested and beaten last
omc, 4 are pend-
May and that police covered up the
Mishler said it was impo t to
who is one the city, said he was make people understand it does
arrested injured after he not have to be this way. It does not
tioned officers arresting some have to be that when you're ‘
friends, When he persisted in you're t down to a detective’s
why only blacks were being a office and beaten up. It does not have
he was seized and beaten, he said, to be that if you’re a young black man
and
by department
ternal affairs unit, which handles ia,
of misconduct, found that
with one riage, big on his chest walking down
The criminal charges against does not have
although the
for fear he'll be
said. “Why can't
The city has lost or settled
court some suits alleging police bru-
out of
ay Protesters
Sgt. Robert Wolfgang, the depart
ment’s spokesman, denied that the
department covers Up incidents.
. e've made every effort to get the
t filed ( plinary action
Wolfgang said the ee
would not favor givi -
ty-Police Relations
dent power to investigate com '
as the p °
ment has been involved with the
board since its but does
see the need for he said, adding,
“We stand by the department's pro-
fessionalism.
wR WHIM io ee «
TUESDAY, FEBRUARY 20, 1990
es be yy . \
i ' c
ee y
9 CALLFOR JUSTICE — Alice Green, left, a leader of ark Mishler, were part of a rally in front of City
i.
Albany's black community, gestures toward Ronald Hall yesterday called to protest alleged police abuse
> Greer, who is suing the city, claiming he was the of minorities.
victim of police brutality. They and Greer's attorney, ..{ Gazette Photo — Sid Brown )
Demonstrators protest alleged
police chief next week —
Coalition to meet with
By Jay Jochnowitz
Stal! writer
ALBANY ~ Demonstrators gathered on the steps of
City Hall Monday to protest alleged erp brutality and
announce a meeting with Chief John Dale next week.
The meeting between Dale and the Capital District
Coalition Against Apartheid and Racisim is
to be the first time in recent that an activist
group has arranged a face-to-face with an Albany
ice chief on such an issue, Dale is expected to be
confronted with demands that the department end the
alleged use of excessive force and racial profiles in
targeting drug suspects.
The coalition said it will further press Dale to support
an independent civilian review board which would have
the power to investigate allegations of =_ brutality
and misconduct and make recommenda on discipli-
nary action.
“We should be able to hold the police accountable for
what they do,” said coalition representative Vickie
Smith, who also serves on the city’s Police-Community
> gage Board. About three-dozen people attended the
rally.
‘The coalition also is expected to ask Dale to
; te one narcotics detective who has been dubbed
tman” for his sileged use of « baschel Oe cation
interrogations. The _ identified as Kenneth Sutton
of the ’s Special tions Unit by
Alba attorney Terrence Kindion, apparently
the name from a complaint filed last year.
Sutton, Kindon said, was cited in an Internal Affairs
complaint made by Robert Butler, a man stopped for
questioning last ber. Butler maintained in the
‘ph that Sutton hit him with a bat and he required
redical attention.
Butler was later charged with striking police officers.
Police spokesman Sgt. Robert Wolfgang was unfamil-
iar with the allegations. “I don’t know anyone who has
been referred to as (Batman) nor do I know of anyone
who's invoived in that type of activity,” he said.
Wolfgang also disputed the coalition’s claim that the
cannot investigate its own, “It's our
contention that we do investigate any
ts that are brought to us and take a iate 4...
complain
action if any misconduct is uncovered,” said Wolfgang.
At the rally, Smith and others repeated assertions that
ore — the department's detective and
1 Investiga
narcstice ellows ot vee eee
and obstruction of | administration.
But the chars were later reduced to a non-criminal
count of conduct, said Branch’s attorney,
Aueqiy Aq Ayjeynaq
0661 ‘OZ G24 ‘Aepseny “AN ‘Auegiy
oe
ean Himes Union phote By Rober mune
BEATINGS ALLEGED — Ronald Greir, at right, speaks Monday in front of about 36 people 4
assembled in front of Albany City Hall, Greir claimed to have been beaten by an Albany police officer,
a
Fea minder rianaanacanenn nena ama
Voicing concern
Times Union phote by Roberta Smith
Vickie Smith of the Coalition Against Apartneid and Racism talks
Monday about alleged police brutality before a crowd of about 36
on the steps of Albany City Hail. Be
hind her is Alice Green
of the New York Civil Liberties Union. Story on B-3.
=
tiny of
ic scru
Albany Police
bl
eashig pu
Dale opposes incr
John Dale
Albany police chief
By Catherine Clabby
Statt writer
ALBANY — While concerned about the perception by some
that his department needs more public scrutiny, Police Chief
John Dale doesn't favor expanded investigative powers for the
city's police-community relations board or disclosure of
disciplinary action against officers.
The responsibility for ensuring that officers known to violate
department policy are punished rests ultimately with him, said
Dale, and he hopes citizens will trust he will pursue that. At the
same time, he said, the department has the right to keep
private records of such disciplinary action.
“I'm concerned about perception because perception to some
is reality. But I'm not going to violate anyone's rights to satisfy
perception,” he said. “I have the utmost confidence in our
internal affairs staff.”
The 15-member police board will meet Monday to discuss
how to best reorganize, a move prompted by Mayor Thomas M.
Whalen HT’s stated disappointment with the panel over the past
four years. Whalen wants fewer “special interest” groups on
the board, greater neighborhood representation and increased
efforts to improve race relations and stem drug abuse.
The Rev. Robert Dixon, chairman of the board, agrees with
Whalen that the board has been too negative. He suggests the
appointment of only nine members drawn from different
religious faiths, black neighborhoods and the city Human
Rights Commission, as wel! as Hispanics, homosexuals and
police.
But 2nd Ward Alderman Keith St. John says the membership
of the board is fine: What's needed, he argues, is an expansion
of the board’s investigative powers so members can compel
testimony and the production of documents,
Cities in New York state take differing approaches to how
much citizens can know about investigations into allegations of
police misconduct.
In Albany, board members in private session are informed of
the details and outcome of internal investigations into citizens’
complaints, though names of no one involved are revealed by
police. Frequently members know names, however, since they
often are notified of the complaints. The police department
does not reveal what disciplinary action is taken against
officers found guilty of violating department policy. If
rnembers feel a complaint wasn't handled adequately, they can
appeal to the mayor.
New York City grants much wider power to citizens through
its charter-sanctioned Civilian Complaint Review Board.
Comprised for the past two years of six civilian police
riment employees appointed by the police commissioner
and six citizens appointed by the mayor, the panel reviews
internal police investigations. If members are not satisfied
with their direction, they can order further work.
Rochester depends on a system in which two ranking police
officers and two trained mediators affiliated with the non-
profit Center for Dispute Settlement review ail investigations
into citizens’ complaints of police misconduct. The four have
the power to turn the investigation back to the department if
they feel more should be done. When the probe is completed to
their satisfaction, the mediators offer their opinions on whether
the complaint ts legitimate
The city’s chief of police then reviews the investigation and
the findings of the mediator and decides whether punishment is
merited, While the specifics of any disciplinary action is not
revealed, “we know if a case is sustained, something will
happen,” said Gail Spiess. director of community services for
the dispute settlement center.
Syracuse and Buffalo do not have any form of civihan review
of their police departments’ internal investigations. In
Syracuse, if a citizen files a complaint, the department informs
that person whether the complaint was sustained and whether
disciplinary action was taken without getting into specifics.
said Deputy Chief Timothy Cowin. In Buffalo, those whose
complaints are sustained are told of departmental penalties.
Detective James Tuffey, president of Albany's police union,
said he also opposes the expansion of the police board's ability
to direct probes into officers’ conduct. “If you gave the names
of police officers, those liberals would chastise them. ... .. Why
don't they become police officers if they know so much?” he
said. “They should do away with the board. It's self-serving,
self-interest groups.”
The Albany panel was created by Whalen in 1986 after a
grand jury found “evidence of neglect” in the 1984 shooting of
Jessie Davis. a mentally disturbed black man, by a white
officer after the department's internal affairs unit cleared the
officer of any wrongdoing. For three years its members have
called for more investigatory powers.
Six years after a grand jury found
“evidence of neglect” on the part of
Albany police, allegations of police
brutality continue. So does the frustrat-
ing search for facts to substantiate, or
refute, the charges. It’s time Mayor
Whalen took decisive action to clear the
air,
In 1984, when a mentally distraught
black man, Jesse Davis, was gunned
down by white police officers, the ugly
issues of police brutality and racism
caught the community's attention as
never before. The police department's
internal affairs unit cleared the officers
rd) Q\a5/ $0
involved, and so did state arbitrators, A
grand jury refused to indict the officers.
although it did fault police for neglect
Albany's Police-Community Relations
Board was established to help prevent
future abuses. but it has been wracked
by dissent and disillusionment almost
{rom the start. Meanwhile, the allega-
tions continue. Last week, a group
announced it would meet with the police
chief to discuss several incidents, includ-
ing one involving a narcotics detective
who allegedly struck a suspect with a
‘baseball bat.
Not surprisingly, some angry citizens
are demanding an independent police
hoard with real power to investigate
complaints, Yet without evidence of
brutality, the charges remain just that —-
charges — and the public remains
uncertain whether any pattern of abuse
exists,
To establish an independent review
panel simply on the basis of complaints
seems an overreaction. [1 implies the
accusers are more credible than the
accused, The status quo, however, is
hardly preferable. [t leaves too much
unanswered,
Granted, it's
difficult. to find the
dividing line between justified police use
of restraint and force, and brutality.
Police work can be life-threatening, even
under seemingly normal circumstances.
For example, calls to quell domestic
quarrels are considered the most hazard-
ous of all. Police investigators under-
stand thiss An independent civilian
review board might not be as sympathet-
ic.
A better approach for now would be
for the mayor to empower a special
investigator, or a small investigatory
panel, to look into recent complaints and
report back to the public with facts. If
there's sufficient evidence of abuse, the
mayor could ask that a special grand
jury be called to investigate complaints.
Who should be entrusted with such
responsibility? Surely a person, or per-
sons, with unquestioned competence and
integrity. Whoever is selected must have
credibility with the public, and the
freedom to discuss allegations in public
~ and in detail. At stake is public
confidence in governmental institutions.
It’s disturbing to hear respected de-
fense attorneys naming police officers
who are the targets of allegations. It’s
just as disturbing to hear a chorus of:
charges but with no backlog of criminal
or civil court cases to indicate a
problem.
Why not? If a pattern of abuse exists,
surely some attorneys and human rights
groups would be willing to help the
victims seek justice. Indeed, Albany
juries seem willing to listen to such
complaints. Last October, a jury acquit-
ted an accused murderer partly on his
claims that State Police had beaten and
tortured him to obtain a confession.
One obvious answer to the lack of
cases is that taking police to court isn't
easy. Often there are no witnesses,
leaving a judge or jury to choose
between a suspect's word and that of an
arresting officer. An investigator would
help sort out the details and determine
whether prosecution was warranted.
Just as important, the public would
know, at last, just how many complaints
were being filed and how many were
serious enough to warrant further re-
view,
The longer Albany police remain
under suspicion, the more the depart-
ment's morale, and city's image, will
suffer. The sooner the mayor acts to
ascertain the facts, the better
8¢ MET # Feb. 22-28, 1990
WO-YEAR-OLD CONTROVERSY
‘was reignited Monday when an Albany
Police detective was spotted taking
surveillance photographs during a
demonstration sponsored by the Capital
District Coalition Against Apartheid and
Racism.
More than 45 coalition members and
their supporters were protesting on the |
City Hall steps, calling for an end to what
the groups says is excessive police force.
According to coalition spokesman Merton
Simpson, the group wants to encourage
more people who feel they have been
victimized by police brutality or verbal
racial abuse to step forward and report the
incidents,
But while the demonstration was in
progress, with the media's attention
focused on the speakers, a METROLAND
reporter observed Albany Police Detective
Alden Manion taking photographs of the
gathering. Manion was seated in a black
1990 Jeep Cherokee leased from a Latham
car-rental company, While holding a police
radio in his left hand, Manion raised a
camera from the car seat to the dashboard,
then quickly pulled it back down to the seat
when he saw someone walking past the
vehicle.
Manion has been known to follow and
Friday, he was seen monitoring a vigil in
Albany’s Townsend Park sponsored by the
Homeless Action Committee. In 1988, local
activist Donna DeMaria, who had been
Tuesday. ‘This is something gwedoand
demonstration by Sgt. Thomas Fargione,
head of the Special Investigations Unit
(STU) and that his picture-taking had been
approved. But the chief assured that since
no criminal activity had taken place at the
rally, ‘the film would not be developed.”
The SIU includes the department's
narcotics and vice squads, and, according
to Dale, has the responsibility for keeping
tabs on political demonstrations,
Fargione’s narcotics squad has been
responsible for many of the controversial
drug raids in the city’s black community
and has been criticized for using a race
profile to stop, and sometimes search,
black and Latin males passing through the
Greyhound bus terminal.
“If the police department believes in all
honesty that they have a right to do this,
why didn’t Manion just stand up there and
take the pictures?”’ asked Anita Thayer,
another attorney who was present at the
protest.‘‘I cannot understand any
legitimate law-enforcement reason for
taking surreptitious photographs."
Dale did not explain Manion’s behavior
with the camera, other than to say that
Fargione had approved the photo
surveillance. “It has a chilling effect on the
exercise of First Amendment rights if
people believe that every time they
participate in a demonstration there will be
an undercover police officer taking their
— complained a an
attorney who once represen
coalition on the Police-Community
Relations Board.
Michael Ratner, a volunteer staff
attorney with the New York City-based
Center for Constitutional Rights, agreed
with Mishler. protesters
“arguably violates the First Amendment
right to demonstrate,” he said. Ratner was
one of several lawyers involved ina lawsuit
against the New York City Police
Department's so-called “Red 5 "in the
1970s. “It smacks of what they had done
for years in New York City to intimidate
political demonstrators,’ .
commented, “It's s . red abo og
completely nuts about
“We've given it a lot of thought," Dale
said when asked about the constitutional
issue, “When the came up several
years ago, we got opinions on that. If
we felt it was illegal, we wouldn’t be doing
it. It’s a precautionary measure.”
/e———
Dale added that the department has a
“responsibility as a law-enforcement
agency to “ensure the safety and well-
being of the demonstrators and the citizens
in general." While Dale acknowledged that
no illegal activities have been anticipated at
Monday's demonstration, he said there was
always the concern of violence between
groups of counter-demonstrators and that
surveillance photographs had been
“helpful” during previous violent incidents.
The chief said he was not aware of the New
York City case,
Meanwhile, Vicki Smith, the coalition's
representative on the board, announced at
the rally that chief Dale had agreed to meet
with members of the group Monday to
discuss the criticisms of police behavior.
Jeff Jones
Police policy changes
Albany Police Chief John Dale an-
nounced two important changes in the
way his department will henceforth
conduct police affairs. First, he has
to permit advocates to accompa-
ny persons filing misconduct charges
against police officers, Second, he prom-
ised to restrict the department's use of
photography at public demonstrations.
The first change will quite simply help
those who wish to file a complaint but
might otherwise feel intimidated by the
police station, the police personnel and
so on. Some persons, it is necessary to
say, are easily confused in such circum-
stances, easily put off, easily persuaded
not to make a fuss — or convinced they
really don’t have a case.
Second, from now on, according to Mr.
Dale, the photographing of public dem-
onstrators will be restricted. Moreover,
We
such surveillance at gatherings only with
the chief's approval. The previous police
chief had maintained that the depart-
ment needed photos both for surveillance
and training purposes. Moreover, the
decisions for taking pictures were made
by detectives and commanders.
The astounding thing is that such a
practice had ever been adopted in the
first place. Granted, there are instances
when taking photos of people in a crowd
might be advisable — in cases of rioting,
for example, or when there is reason to
believe an arsonist may be lurking in the
crowd. But to employ such a tactic in |
other than these few limited cases is to
resort to one the most offensive of
police-state weapons. As everyone
knows, photographing persons who are
demonstrating is primarily intended to
intimidate. idea is to implicitly
In this more civilized society of ours, the
camera has replaced the club and the
German shepherd.
Until this nation repeals the constitu-
tional rights to assemble and speak
freely, police departments everywhere
must eschew behavior that effectively
inhibits those rights. If one has the right
to assemble, to seek a redress of
grievances, then one has a right to do so
without fear that that innocent benavier
by itself will get you in trouble w |
authorities. —
|
|
| fe Vienstny Ereyalreny YE elephone (518) 455-2800, to de-
ar ) i-b
The following bills sponsored by Sen. David Paterson (D-Manhattan) and
Assemblyman Roger Green (D-Brooklyn) are currently i in the Senate and As-
sembly Codes Committees:
* $.1199/A.7370 and 8.1200/A.7369 would establish first. and second-de-
gree criminal charges for bias-related violence that damages property or caus-
es physical injury, including criminal sanctions against those who refuse to
lease, rent, or sell property based on bias,
* $.1205/A.7366 would establish the crime of civil-rights murder, penaliz-
ing bias-related murder with second-degree murder charges carrying imprison-
ment from 25 years to life.
In addition, Senate Resolution #484 sponsored by Sen. Paterson ure
Gov, Mario Cuomo to appoint a permanent Special State Prosecutor to iff ou-
gate and prosecute incidents of bias-related violence.
Sen. Roy Goodman (R-Manhattan) is prime sponsor of S.4600-A, intro-
duced at the request of the Govemor and Attorney General Robert Abrams, to
establish criminal ‘sanctions for bias-related violence or intimidation that caus-
es property damage, physical injury or murder. The sentence for either charge
would be added to the regular penalty for the underlying crime.
A similar bill, also requested by Cuomo and Abrams, passed the Assem-
bly Monday by an overwhelming margin. It was sponsored by Deputy Assem-
ily speaker Arthur Eve (D-Buffalo). If the Senate bill passes, this will become
What you can do:
Cail, write or visit your own state senators at their district offices or the
: law when Cuomo signs it.
8 drawn the ire of one Albany
lawyer dissatisfied that an internal
investigation failed to unearth the
writer.
"Mark Mishler, an activist, lawyer
potatoe gh B Borgons
ment’s internal procedures
memo demonstrated an attitude
In the course of the one-page,
single-spaced memo, the writer
characterized criminal and special
investigations officers as being too
busy cashing overtime checks and
parlera: Devogutoey. relorencen are
made to Italians, Armenians, homo-
sexuals and “alien-looking filth.”
el
RE
sg
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~ SATURDAY, SEPTEMBER 15, 1990/36
N.Y. AMSTERDAM NEWS
Cops deny
are involved
By YUSEF ASALAAM
_ Special to the AmNews
ALBANY ~ A public controver-
sy has tainted a recent state-
wide study of juvenile gangs.
The study, by a special task-
force, reports that a popular
youth organization in Arbor
Hill, the African-American sec-
tion of Albany, is involved in il-
legal activity.
The report, researched by
more than two dozen experts,
including educators, social
workers, and law-enforcement
officials, concluded that the
Five Per Cent Nation in Albany
is criminally-oriented. It states
that in Albany, “A large con-
centration of youth aligned with
the Five Per Cent Nation-Mus-
lim sect has been observed.
Juvenile members of this or-
ganization are increasingly in-
volved in the organized sale of
narcotics...”
Sergeant David Cona, from
Rochester, N.Y., was re-
ew York State also submi
that: he received the information
in his Albany report from the
remember who that person was.
Assistant chief of Police in Al-
bany, William Murray, sug-
gested that Sgt. Cona wrote
more from his own point of view
and did not use scientific
methodology and scholarly re-
search.
“Our perception of the prob-
lem and the way that thing is
written are two entirely dif-
ferent things,”’ Asst. Chief Mur-
ray emphasized. He stressed
that Sgt. Cona’s report gives an
ominous impression of the Five
Per Centers in general, not just
specific members of the group
who may -be involved with
drugs. He argued that to blame
all of the Five Per Centers for
the actions of a few would be
like blaming all of Albany's
Catholics for the illegal actions
of some Catholics.
The Asst. chief also rejected
Sgt. Cona’s general depiction of
Albany skinheads as racists,
vandals, and arsonists. He said
that there are organized skin-
heads who are anti-racist, anti-
facist, and that he had no
knowledge of skinheads in-
volved in vandalism or arson.
* He noted that a swastika was
painted on the exterior of 4
Temple Israel last year, ‘but we
don’t even know who did
that...Just because someone
shaves their head and wears
boots doesn’t mean
drugs
Ot ee OF
units in other inner-city com-
munities on the East Const.
There is no significant single
leader of the scattered groups,
nor is there any centralized in-
ter-county, inter-borough, or in-
ter-state unity. Made up of
predominately African and non-
white Hispanic youths, the male
members can be identified by
their practice of calling them-
selves and each other, ‘“God’’;
(Continued on Page 40)
Se |
the female members are called,
“Earth.” They usually wear an
emblem around their necks that
depict the number “7” with a
star _ oh the back-
ground, y dt a strong
ethnic identity and are known
for their glib recitation of “‘les-
sons’ that they memorize,
literature that contain their
beliefs. Many of the popular rap
poets such as KRS-One and
Public Enemy have been in-
fluenced by the Five Per Cent
Nation.
The group was founded by
Clarence 13 X, of Harlem, after
he was expelled from the Elijah
Muhammad-led Nation of Islam
by Minister Malcolm X and
Captain Yusuf Shah of the then-
Muhammad Temple of Islam
Number 7 in Harlem. Also
known as ‘‘Pudding,’’ but whom
Five Per Centers call “Allah,”
he was shot to death on June 13,
1969.
Asst, Chief Murray said that
even for someone to insinuate
that the Five Per Centers in Al-
bany are involved in gang ac-
tivity is unfair. “Our officers
will use the term ‘Five Per Cen-
ter’ as a way of identifying
someone suspected of criminal
activity, if it is known that the
individual considers himself a
part of the group; the identifica-
tion is only used as an aid to an
investigation.”” Murray praised
the Five Per Centers for their
helpful assistance in encourag-
ing youths to stay off drugs and
to remain in school.
Joe El-Wise, of Albany, says
that the Five Per Centers got
accepted
some people who think they’re
the Five Per Cent. They are
bloodsuckers of the poor who
use the Five Per Cent for their
best
- if
interests. There are a..holes
in every organization.”
Note: Yusef A-Salaam writes
on Albany and other upstate
areas for the Amsterdam News.
Please write or send newsclips
concerning significant news ,
in your area to the AmNews,
c/o Yusef A-Salaam.
Fresca yi the ag =
ounse prov ® ‘i
The appointee will assist with th
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<META TTINRN Rina emnindetnnipsnbhiihnnniatansnbanthorecerocice
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An Athimatiwe Action/E au
John, school board
DeWitt and Barbara Allen and
Police Chief John Dale — to say they
were ready to get involved.
“It's not a small problem, and it's
Le ee ey at verve
to do something.” _
That will include monitoring of
criminal justice agencies by Green's
center for Law & Justice a sail
p of community agmpos-
feel we have
sponsorshi
iums and forums “to explore: ays to
try to deal with these issues loc ily.”
Green said that while black men
by jail, crime.
Mi e ms
ty by 4-to-1.
served for us,” she said. “We con-
clude from that that there’s selective
enforcement and prosecution of the
drug laws that are based primarily
on race.”
Dale said he did not agree with
Green on that point.
“| disagree with her that blacks
are tar, or what have you,” he
said. “We as officers arrest
le because they commit crimes
black community itself demands
our protection more so than any
other community, and second, that’s
SS
Photo for The Times Union by David Mathis
WHSIBLE ENP Bg
AU KLUX (Law
KLAVER) |
NEW YC
KLAN MARCHES — Despite the inscription on a marcher $ sign, the Ku Kiux Klan was visible Saturday in Schuylervilie.
“lan’s march a non-event to residents
By Karen Nelis
Stat! writer
SCHUYLERVILLE ~— The long-
threatened Ku Klux Klan march
has come and gone in this quiet
village, but residents and civil
rights leaders said Sunday that it
should not be forgotten.
“We have to be ever aware that
there is a resurgence of racism,”
said Anne Pope, president of the
Albany chapter of the National
Association for the Advancement
of Colored People.
By marching through Schuyler-
ville Saturday, the Kian has made
a statement that it is present in
this community, ie said, Those
who oppose the Klan must be
visible as well, and tell the Kian
that it is not welcome, she said.
“I certainly respect their right
to demonstrate,” said Alice Green,
president of the Center for Law
and Justice in Albany. “It just
eonfirms what many of us have
said right along ~ that the Ku Klux
Klan exists in upstate New York.
People now know what we're
dea! — vith.”
About two dozen Klan members
dressed in white hooded robes
marched from Schuylerville High
School down Pearl Street to the
Revolutionary War monument at
Burgoyne Street,
William Hoff, 55. who claims to
be the KKK’s leader in New York
state, said the white supremacist
group wanted to celebrate the
deeds of “white Christians” in
winning the American Revolution.
The group also was demonstrat-
_ ing against the court-ordered re-
moval from the high school of a
painting depicting the Crucifixion,
Hoff said.
The painting, created by a
student and donated to the school
in 1965, was the subject of a
lawsuit filed by two parents who
believed that keeping the painting
in the school violated the principle
of the separation of church and
state. The school district lost the
suit, and the painting will be
moved today to the village Knights
of Columbus Hall.
Hoff, who lives in Queens, said it ‘
was a coincidence that the march!
fell on Yom Kippur, one of the’
holiest Jewish nolitiage of the year.
Pope and some Schuylerville
residents said they believe that the
religious painting was just an
excuse the Klan was using to gain
attention and start a membership
drive in the Capital District. Hoff
would not specify where the Klan
is focusing its recruitment, stating
only, “We'll be all over the state.”
“They're racists and this isn't a
racist community,” said Raymond
Rogers, who lives just outside the
village in Easton. “It has nothing
to do with a mural on a wall.
They're just looking for publicity.”
“They're always on their own
agenda,’ said Stanley Barber,
president of the school board. “It
certainly isn't publicity we need.
We're trying to go about the
business of education.”
The Rev. Carter Adriance, pas-
tor of Schuylerville United Meth-
odist Church, said he is puzzled
that the Klan has used the village
and the Crucifixion-scene painting
as a rallying point.
“They are looking to get a
foothold in the community,” Adri-
ance said. “But I have not heard of
any real support from anybody in
the community.”
Adriance was one of the organiz-
ers of a demonstration against the
Klan on June 30. The Kian had
announced plans to march that
day, but never showed up. Instead,
500 counterdemonstrators lined
village streets.
Glenn Decker, who watched
Saturday's march, said he believes
that all the marchers were out-of-
towners, not Schuylerville resi-
dents. “I've lived here 40 years and
I don't believe any of them were,”
he said. Decker added that most of
the marchers did not cover their
faces.
“Wed just as soon they'd stay
away, said Betsy Brooks. Her
husband, Al, added that if the Klan
comes back, “they will get run out
of town.” The Brookses, who are
white, have an adopted 2-year-old
black daughter.
A few residents said they were
not concerned about the march
because it was peaceful
“They expressed themselves,”
said David Mathis, a longtime
village resident. “It’s a free coun-
try. The local people said, ‘So
what?”
WA yt went, morn: orn
1990 © NO S722 TAKE ONE
CAPTIVE SONS
Albany’s African-American community
reflects on the specter of imprisonment
hanging over young black males
By Stephen Leon + Page 10
Al plains who killed Laura Palmer © Newsfront: charity case ¢ Special section: Autofocus
Has David Lynch peaked? © Theater: birthday kisses ¢ Music: Lonesome Val ¢ Rollerblading
10-6 METROLAND ¢ Oct 4-10, 1990
S you read this, new prison cells are under
Construction at the Albany County Jail. Due in
large part toa stepped-up effort tr Sweep the
irea’s streets clean of drug dealing, the prison has became
overburdened with inmates: you might say. then that the
new cells are being built in response to the rising tideat
drug crime on the Streets and the corresponding
intensification of law enforcement efforts
Or you might say that the new cells are being built as a
sort of housing project for young black and Latino men
Because that, for the Mast part. is who will oocupy them
‘New York’s prisons today are a brooding oMmnpresence
hanging over poor African-American and Latino
OMmMunities in large urban centers of the state. As; ollege
nas represented hope and opportunity for the white middle
ind working Classes, su the fact that most of its young men
will eventually be locked up has con: retely represented
ind reinforced the profound bleakness pervading many
minority heig@hborhoads
So begins ‘Imprisoned Generation Young Men Under
Criminal Justice Custody in New York State." a report
sed today (Thursday) by the Correctional Association
of New York and the New York State Coalition for
Criminal Justice Following up ona similar national report
issued last February hy The Senten: ing Project
‘Imprisoned Generation” reports that on any given day
Nearly a quarter of al! young black men in the state are
under the control of the criminal-justice system— two
times the number of ail blacks in the State enrolled in
Olege full-time Hispanics fare somewhat better: (2 percent
are under custody at any given time. In contrast. the
Criminal-imatice 8¥S8tem has uncer its control a mere
2? percent of aff whites in the state What makes the
UfuatiOn particularhy unfair, notes the report, is that
nectiomal sfedies have fina ned the marortty of drug dealers and
her woh ty
Among the study's other findings
rele,
MSORS fer
* Young black men are more than 24 times more likely
to be locked up in New York state than young white men
* since 1973, the state's Prison population hays ine reased
from 12 500 te 34 ow and 82 percent of these inmates are
black or Latino
© 48 percent of YOURS minority male offenders are in
prison and 16 percent are on misdemeanor probation w hile
18 percent of young white offenders are on misdemeanor
probation and only 18 percent are imprisoned
Until we reverse these trends." the report concludes,
until we develop different approaches in our fight against
drug abuse, cnme and social injustice will remain the most
serious domestic problems confronting us. And we will
continue to fill our jails and Prisons with Africam American
tnd Latine young men.’
What follows are excerpts from recent interviews with
fnembers of the local African-American community on the
subject of drugs. prison and the young black male While
those interviewed offered occasional glimmers of hope and
partial solutions. they unanimously agreed that the crisis
in the black urban community is every bit as Serious as the
media have characterized it And in each interview there
was an undercurrent of frustration and despair. a feeling
that nothing much will change anytime soon Here are
their atories
JAMES H. BOULDIN
THE ALBANY COUNTY JAIL HAS A CAPACI TY OF
about 665 inmates in 492 cells Last June, when the Albany
County Legislature took up a $20 million bond issue to add
300 new cells, it was held up by 3rd District Legislator James
Bouldin, who argwed that the money would be better shent om
education and jaby programs that might get young black men
Off the path leading to prison. But in July, the measure passed.
Born in Halifax, Va., ina shack with no plumbing or
electricity, James Bouldin came to the Capital Region atage 7
Now 43, Bouldis is in his third vear on the commty Legislature.
ONE OF THE THINGS THAT HAPPENED TO THIS
society over the last 25 years that affected us~ African.
Americans.~ tremendously was technological change. In
1965 when I got out of high school f got a jobat GE, ina
college on the GI Bill, But those same type of entry-level
ovportunities aren't available to black men coming out of
hachool now. In fact, | #0Ot a resume of a gentleman
‘ning out of Bishop Maginn.—he graduated four years
ago, and he's looking for employment, and the employment
: . The manufacturing jobs are
gone. The jobs in the factories are gone
The people who are moat affected by change are the
people that have the least flexibility to begin with. And
GENERATION
On any given day in New York
State, there are
more than twice a« many young black men in
fall am in < cHege. Members of Athany's
African: Amerie an community tath candidly
about the crisig
By Stephen Leon
those are the people with the least education and the least
training. So that has hit us terribly bad. [H Patrick}
Swygert, the new president of the university [SUNY A I,
said it left us with two choices~-the drug trade or no trade
There's a sense of hopelessness. ‘Th
physically, the fear of xOing to jail
# fear of being hurt
because black folks
80 to jail. People have worked at these menial jobs: they
see their grandparents and parents we
getting anything, still Struggling to pa
month. And there has been nothing to
problem as far as education and trainin
prison cells—the state spent $2 billion
year. Albany County is building a new prison, And people
are coming out faster now than they went in. You can’t
fames H Bouldin
hing and not
y the rent every
work on that
on prison cells last
ux. We keep building
TERI CURRIE
keep them in there because the cells aren't there. §
we got the six months of boot camp. you come hack
and people hit the streets if} worse shape than they
before, because now besides having no training anc
experience, they alse have a prison record
The black male is really removed from society. |
Atlanta last week trying to get my daughter housin;
she’s attending Atlanta University. {hada problem ¢
housing for her: I couldn't get any on campus. But th
men attending the college aren't having any problen
housing. Because there's fot that many of them
That hit me close to home. You look around here
you see all of the wasted energy, and the wasted
lives—we're developing a large, large, large underct:
it's getting larger all the time. I for one know what n
ta be done. We need to PU money in job programs a
education programs. The money's being spent any
The money's being spent in the Courts, the money's |
Spent tn police departments the money's being spen:
building new prison cells. I think it needs to be redire
That one of the things | tried to say in front of the
Legislature when the proposals to build the additiona
cells at Albany County were put on the floor. { wasn’t
successful, but f'm trying to raise people's CONSCIOUS:
about the severe problems that we're having
When I look around this community, we're just
losing it, And if something happens similar to the ‘fils
be worse because now we've got automatic weapons. 7
was a study showing black men are killing other black
men-—peaple don't look Upen it asa problem, but whe:
guns start pointing in another direction, then it'll beca
problem, And quite frankly, our people are mean, they
angry, they’re upset. I see their frustration and anger
There's just so much disilusionment, so much
disenchantment with overall society. I don’t condone
violence. | especially don't condone drug use or sale.
at the same time, | understand why people do it, You's
gO Co give people options
The kids out there, they don’t have any inferiority
complexes, They don't think anyone is better than they
are. They're just mad. because they don't have the thin;
they think they should have I see that bitterness As th
group of people we're talking shout gets larger and
larger—and that’s what seems to be happening, that's
what all the studies say ~what do you do? You can keep
denying the problem and that’s what appears to he
happening. we're in 4 semi-denial stage
You have to work harder to Prevent people from gaing
prisons. I mean, are we going to spend our money build;
jail cells? Maybe we do something else to wet at sone of
the root problems that Cause people to go. And poverty i
one of them—peverty and some of the things it causes
Hopelessness
Ttalked toa young man yesterday who's looking for
employment, and he’s having a hard time finding
something. And each time I talk to him he looks Worse anc
worse, He came out of a difficult situation that was
drug-related, and hopefully he won't go back.
you doin’, and I could see he didn’t understand why I had
the big smile and why | was 80 affable to him, And | realized
as I walked away, | was just s© happy that he had a job,
and I thought, this is one person who wouldn't go to jail
But as | walked on, I got thinking to myself. this is what
I'm relegated to—one person wonsldn 4 ge fo pail 1 didn't
address the fact that maybe he should be doing other
things going to college or doing this and so forth. | was
just happy one person had a job and wasn't going to
Albany County Jail. @
DORINDA DAVIS
MORE THAN ONCE IN OUR INTERVIEW. DORINDA
Davis emphasizes how bright her students are and what hegh
al sucked in to another world as they hit thetr teens: a world
of drugs and crime, of despair and a realization that it's nat
Moing to be easy to get their share of the dream
Davis herself grew up ina housing project in Brooklyn. but
went lo college and studied to be an educator, Now 27 che
faught at the Adult Learning Center from 1977 to 1978. at
the Street Academy from 1978 to 1987 and at the Livingston
Middle Sehoot from 198? until 1989. when she was promoted
WEL. da, Ag Oe Vb A Eas Oh,
GENERATION 4 13
going to do something about it. Rather than somebody
pushing me, and I’m heing pushed around like life is
pushing people around out there
There's a solution to a lot of things around here. And
that makes people feel good.
Two years ago I came up with a coat system where
people come into the building and coats and hats are
mandatorily hung up. A lot of people didn't like that. But
what it did, it kept drugs out of the building. it kept guns
out of the building. it kept liquor bottles and things like
that out of the building.
They didn't like the system, but they grew to respect it
And now they come in here and take their coats off, hats
off... and those who are all packed, they won't come
through the door.
We are not a tough community center. We are very
organized if you just go by the nules and regulations, you
can walk through here every single day and never have a
problem. When you start doing things where we're gonna
say “Hey. you got to leave today.” that means you muat be
kickin’ through the wall, you must be spittin’ on the gym
floor, you must be cursin’. you must be pushin’ a girl
around... that person that we always have to constantly
remind of rules, that’s the person that needed some
programming, because this person doesn't have any rules
out in the street. You can do anything you want, if you
don't get caught, who cares, nobody's going to say
anything te you.
Next-door neighbors don’t say anything any more
Where I think back a long time ago, your next-door
neighbor would beat your behind if they saw you stealing
out of the grocery store. Or tell your mama. People stay
cut of people’s business now. | think that hurt the
community. The kids have taken over the streets. When |
was growing up there was always an adult on the streets
You respected adults. Everybody knew mom and dad. The
community knew, and the community shared, and the
community helped support one another.
We have to keep this place organized and smooth.
Because here people get unity. [f not outside, if not at
home, they can come here and somebody's going to look
up. Somebody's going to pat them on the back.
Somebody's going to talk to them. And here, everybody is
the same. I don’t care if you got the cleanest clothes on or
the bummiest, dirtiest shirt you all obey the same laws of
this building. We get unity here.
We get guys coming in here that you could probably
imagine them selling drugs. They're going to come in here.
they’ re going to sign in, they're going to have to pay their
dollar too, You could have a person here with $500 in their
pocket, We don’t care who you are. We don’t care if you
have a Mercedes-Benz out there. You're gonna sign in,
you're gonna pay a dollar, and you're gonna walk through
this building just as quiet as everybody else.
Everybody deserves a chance. We want to show peopie
that although they are inconsistent. we are willing to work
with you. We're not going to give up on you, The thing is,
people give up on people.
in here, we don't worry about what's happening out on
the street too often. So the kid that’s out there doing
whatever out there on the street- we talk to them through
our program. Aa long as they can come in here and be able
to be respectable, and utilise the program, and work out,
and keep themselves busy~— number one, they're not out on
that street, He's not pumping drags right now. That young
boy is not out there trying it. He’s not being arrested, he's
not being sent to jail today, ‘Cause he’s with us @
GEORGE MITCHELL
ONE OF NINE CHILDREN GROWING UPINA —
South End family in the 60s, George Mitchell began doing
drugs and getting into scrapes with the law as a means of
social acceptance and rebelling agains! his authoritanan
parents. His drug use eventually became addiction, and teday,
in recovery, he considers himseif lucky to be alive. Now 41,
Mitchell lives in Menands and has worked for the state Office
of General Services for 15 years, hiding his drug problem for
mach of thai ime.
{GOT INTO RECOVERY ABOUT THREE YEARS
ago, I took a look around, and | saw people dying and
going off to jail and getting sick. And | was fearful of the
AIDS epidemic. | had a sense of impending doom. So with
the help of some good people I was able to get into rehab
out in Chicago. The job just waan't aware of what the hell
was going on- 1 never told them.
I'm doin’ OK,
I certainty don’t think { would have survived had crack
boon qsound 30. gears agds + + ex ' ,
George Mitcheli
When I got involved in it I discovered that it gave me all
the things that | thought I was lacking without it. I'ma shy
kind of person, and I discovered that when I did these
drugs, the shyness went away. I was able to deal with
these people socially, It covered up a lot of the hurt and the
pain and the inadequacies I felt. And what happened was
one day | woke up and f found that I couldn't stop taking
it. It was a nightmare for an awful long time. I was very
lucky. | mean it was almost a miracle to have gotten out of
it with as little damage as {'ve sustained over the years.
[ thank God that I was able to wake up to what was
happening.
I go to an awful lot of meetings, and I come in contact
with a lot of kids trying to get into recovery. That's my
way of giving something back,
What I've tried to remember is my attitude when I was
in the thick of it, and why it took me so long to get out of it,
so that it would sort of give me an idea of what these kids
are thinking. And the best 1] can come up with was that j
used to tell myself that it won't happen to me. I won't die,
and I won’t get busted, | won't get sick. . . and of course
[some of] those things happened to me, I was lucky that {
didn't go to prison, but | had my share of arrests, | had my
share of hospital stays as a direct result of my drinking and
drugs. You tell yourself that I can do it better than the next
guy. I'ma little smarter than the cop on the corner In your
distorted thinking, these are the things that you tell
yourself—until something happens
The black community is one of the easiest communities
to make arrests without any repercussions. How often do
you see ‘em out in Loudonville kicking doors down? | read
in the newspaper a while back where most of the drugs in
this country are consumed and gold by whites. But I think
75 percent of your prison populations are black, Blacks for
the most part are poor and powerless, and standing on the
corner pushing drugs, it’s kind of easy to arrest these
people and lock ‘em away, and be able to stand up and tell
the presa and tell the community Well, we as police are
doing our jobs."’ And they are.
it's one thing to point the finger and say that blacks are
being treated unfairly, but the fact remains that if you
weren't standing on the corner selling drugs you wouldn't
get arrested. When you go into drugs you can expect to get
arrested, That’s part of the price that you pay. I have no
sympathy for anyone that's selling drugs. And had they
caught me when | was involved in it, I would have felt the
same way.
i think that if a lot of these youths really had a chance at
adecent-paying job, that there would be a lot less of them
involved with drugs.
{do know that because | was able to hold onto a job for
15 years, that played an awful big part in keeping me out
of prison, There weren't the robberies, and the muggings,
and the purse-snatchings, and the cashing of forged
checks—that never played a part in my life. I've always
worked. I came from a family where { had a father and I
had a mother, and I saw him go off to work every day of his
ce ae rey
Dr Alice PG
an rece 8 nese mae oo
ToevTr. . ee ee
life, He instilled a work ethic in me. My involvement with
drugs wasn't for economic reasons, it was probably more
as a coping mechanism,
[ ride through the inner-city neighborhoods. | see the
brand-new jeeps, and the gold, and the clothes. That's
tempting to a poor kid who's not working. How do you not
be tempted to get into it? But on the other hand, when
Mayor Whalen started his PRIDE program, and I would
ride down Clinton Avenue. | would see kids by the score
out there working, Cleaning the streets, moving garbage.
And that's a sign of hope, that everybody's not inte drugs.
That there are kids out there that want to work
I was brought up by a father and mothér who taught me
that you can't let prejudice stand in your way. You can’t sit
down and say Poor Me and blame all your ills on the
establishment or white people, You can't sit at home and
not work because you say to yourself Tcan't get a job
because I'm black” ~you've gotta get out there, and
you’ ve gotta keep knockin’ on doors. You can't let that
hold you back,
And that’s the message I try to get across.
1 do hear kids saying that they can’t find a job, and I see
McDonald's and the fast-food places are crying for help
And they look at you like you're crazy~‘‘I can’t work in
McDonald's."
Why not? What is it about McDonald's that you can’t
work there? What are you, too cool to turn hamburgers?
And that’s what it is, And to those people I say “Well, if
you stay into what you're into, there's a place for you
They’ re building more prisons—big expansion at the
Albany County Jail. They're making room for you guys." @
DR. ALICE P. GREEN
ONE LOCAL ORGANIZATION MONITORING THE
criminalrusiice system and trying fo pul pressure on state and
local governments to make the sysiem more fair is the
Center for Law and Justice. Dr. Alice P. Green, formerly the
legishative director af the New York Civil Liberties Union, 1s
founder and president of the center and has been studying the
problem of high levels of incarceration of black men for
several years now
THE INCARCERATION LEVEL IS $0 HIGH THAT
“black” has become almost synonymous with "crime."
And that has a very deep impact on everybody in the
community. [don't escape—people will think of me as
criminal as well. | experience walking through a
supermarket and having people, and women especially,
clutch their bags because they see a black person near
them. We all feel it in some way.
I’m very concerned about my son being on the street,
hecause chances are pretty good that he's going to be
stopped at aome point by law enforcement, simply becaus
he’s black, Mothers are absolutely frightened by this
whole atmosphere, I've had mothers express to me their
fear of allowing their son to drive their new car. Because
they've gotten the message that police routinely stop
young black males. especially if the car's expensive.
What's happening is we're selectively enforcing the
drug laws. All reports coming out, even Bush said himself
that 80 percent of the drug use is in the white community
The Rand Corporation study said the same thing. But I've
had the police chief and the district attorney tell us that
one of the reasons why we focus our law enforcement on
the black community is because it’s easier. And that’s
probably true-- because people are on the street.
However, the message you're giving to the African-
American community is that the system is biased, it can’t
be trusted. You lose respect for the law, because if it’s an
going to be applied in the black community, then what
does that say for the rest of the system? We're not makin
inroads into it because we're completely leaving out the
white community in terms of law enforcement,
if by chance tomorrow we changed our policy, and wer
actually applying the law in equitable fashion,.and more
white, middle-class people were arrested and charged wi:
drug possession and drug sale, | think we'd see a big chany
when mothers and fathers in those communities started
seeing their sons and daughters being jailed for long perioc
of time the way they are doing it in the black community
When you're putting s0 many people in jail, that means
they're not being educated, they're not being trained,
they're not developing careers, they’re not being part of
the family. If 25 percent of the white malea in this countr
were under the control of the criminal-justice system, we
declare a national emergency. We'd have all kids of plans
and all kids of resources devoted to this problem,
But because we tend to focus in on the African-Americ
community, and basically define black people as crimina!
all we will get will be growing numbers of African-
Americans in prison, @
ie NE PME 4 DS wmles £ POM, wren WE WAS jF’
. ener nett tnseneisrepensenrnananpanisisinns At Neenntnnceir natn anata
GENERATION « i1
single cent. It's hard to et away from that. It’s lovely
until you get caught
The state and the Ces are actually Making money off of
drug dealers. See, a lot of the money taken away from vou
'g not accounted for. When [ got arrested, [ had like $300
on me. They took my money, they photocopied it, they
never returned it to me. | asked about it, and they said
“What money?”
We havea saving: [f you're gonna be in it, be in it to win it
Don’t just do it half-assed. You're in it to Make money, vou
make money and you get out. You get toa certain point
you stop. But it's hard to get out of it--it's like an everyday
Dart of ynar life You wake up every day. jump in the
shower, call the boys. Let's go eat, we all Ret together, talk
about what's #oin’ on, We wo out to wherever we want ts
eat. we order up everything on the menu. we always pay in
cash. The feeling of always having hundred dollar bills
really boosts you up &
VANESSA CARVER
VANESSA CARVER HAS NOTE LEPHONE.
to schedule the interview: J Phone her neighbor, who heerfully
ARTES 10 gO next door and tell hey she has a call in this housing
proyect in North Albany. where many of the residents are
single mothers, neighbors help each other out as best they can
Carver is 36 years old and has tux sons, apes 14 and 7 at
Before his arrest her hushand had steady work with an
Albany temporary agency, but she isn't sure they'll lake him
back when he gets out in four weeks. She has heen Supports ng
the family on her salary as a nurse's aide, and trying to beep
I CAN'T APFORD TO GO UP TO THE ALBANY
County Jail some Visiting days, because | have to work. So
running back and forth
When I said. “What's he supposed to do for Clothes for
court, if [ can't make it up here Wednesday?” The uard
said, This is not a hotel. Ma'am. They've ROt prison
uniforms to wear.”’
That's kind of degrading. I've sat there in court and
watched them bring him out with a green uniform on with
Albany County Jail written across it. [ mean, he looks like
he's a convict,
When you don’t #0~I keep explaining to him, “‘] got
They're making it impossible for me and him to keep the
communication going. It’s tike not only is he in prison, but
80am I.
{have a 14-year-old son who's beginning to take
advantage of the Opportunity, that his father’s not here
He's gettin’ really tough—{'m scared he’s gonna start
selling drugs, I'm scared he’s gonna take drugs. He's at
the age now where he needs both parents. I can't be here
to watch him 24 hours a day.
This kid had never been in trouble before. Since his
father’s been in prison, I've had to call the police on him,
I've had to take him to family court, He skips school, he's
Every woman in this complex has had to deal with
“a man or a husband that’s incarcerated, |
Stand that if you do make the wrong choice you have
ty way. But the way they do it—it’s like they’ re convicted
TER Cee
want that for my son
P ve seen people who just cannot make it with the little
money that they're wetting, who have gone and bought
drugs to make their money. [t's because black men don't
have a place in society. They don’t Rive them adequate
jobs where they have self-esteem They don't pay therm
enough money to keep their families together. Do you
know that it's more profitable for a black man to leave hig
Because if they leave, that means their kid's gonna eat. it
to give me any money but food stamps, Medicaid. because
[ have no insurance until my three- month probation period
'$ up. I'm trying to help myself, Does that seem logical?
Pm very ANgTY at the wav they run the Social Services
offices. They make people sy dependent, it’s like a drug all
itself. And once you're addicted, it's kind of hard to just
cold turkey, And that’s what they do. They #iV@ it to you,
then they snatch it away
| wound up Betting the nurse's aide job, which pays a
little bit of money, $5 an hour when | Started. It was like.
OK, you're fine how, now you can do it on your own
Living in Albany housing, Social Services wag Da Vitter my
rent. All of this stuff was stopped
It would seem to me that they would help the mothers. or
any man who's trying to heip themselves Help them until
they get up on their feet. Then say, OK, you're ready. We
Ot you up, you took ¢ couple of steps, now you can walk
Not get you Up and let you go. It’s just like a baby, You
stand up, you're scared to take that first step. And they go
to step and fall,
How can you fault somebody when they 80 out looking
for a job and they don’t get hired? What is the man Supposed
to the point where they have to break the law
[sit down and | talk to my son often. | read the papers
with him, of the drug arrests, and how silly some of them
sound. Just keeping him aware, keeping him interested.
— examples of people's lives. people that he knows
§
Jimmue Collins
Det. 4-15 1996 * ME TROY
AX
it's been hard because now he's at an ase where }
rebellious Evervthing that I'm saying to him he's sx
differently, because his friend's got Bally shoes, got
chains, Nintendo, a closet full of sneakers 80 it's
to stand and tell your son his reward is coming
He doesn’t believe me. Kids nowadays are growing
believing it's 3 joke. You know what they believe? Y.
have to go get what's vours, now. oF you're not going
Ret it. Because once you become 16 years old, and ify
cocaine, I've seen kids a9 young as 1] years old. A kid
1} years old asking me, Do you want to buy cocaine?
couldn't believe it, 1 said, ‘Does your mother know yo
sellin’ drugs out here?’ I bugged. Kid ran off the carne
just Completely went off
It's hard. And it doesn't seem like it's gonna end. Th
only support f have is my husband. With him here, at
lean keep mine pretty straight, At least they respect h
enough to know tf they’re told to be in here at 4 certain
hour, they better be in here. Right now, they look at me
and laugh like it's a joke. Yeah: OK Mom
I can't watch them 24 hours. At least with my husbar
here, we can do it together. a
JIMMIE COLLINS
THE ARBOR HILL COMMUNITY CENTER [5 A
Sunes story tn the midst af a frimhled Athans serthher bins
Ona late Frida, aftlernoem it 3« hustling with actirdty asf
arrive fo intermew its 29-wearald Program direcior. Timmie
Catlins, Broad shouldered and fit looking. latha tine and
enthustastic. Calling aSUNYA Kradmate. hers been with ph
renier for almast fine Wars art Speke Proudly af 4 Dregres
tm thert frye
THE DRUG ISSUE WASN'T AS BIG FIVE YEARS
aRO as is today. We didn't have substance-abuse
Prevention in the community centers and the hovs clubs
and the schools. We didn't have too much AIDS edueaties
back then. Now we have that, {t was in demand that we
have these things because of the streets now because of
the drug market
We're los KIN at prevention here at the Arhor Hill
Community Center We see 150 kids a day between the
ages of Sand 14. And sometimes it's almost too late
What we're trving todo is provide lots Of Programs here
AEDS education, child and family services arts and crafts
tutonal computer, a huwe evm. a recreation center, When
first started here we were averaging 35 kids a day In four
years, Gur enrollment creased — last vear we had 450 new
members, We have 2.400 people remistered here
We're trying te establish a situation where kids are
under artult Supervision, rather than out in the street
throwin’ bottles. [f we can program from the school to here
ta tthe home, yoy keep kids off the street You give them
more of a variety of things todo. We wet kids who can
dance and sing. so we utilize that drama with them. Kids
who can draw. Kids who love computers Kids who love
the library. We see 45. 50 kids in the library each day
That's a way, | think. of prevention. We wet the kid
3 vears old. I've been here five years. now the kid is nine
Mv staff, [haven't hired in two vears So we go five years
deep here. That holds On. because they see the same peonle
every day, We're being able to program for these kids
Having award ceremonies for them. Dinners for ther,
Fashion shows. talent shows
You can't salve the problem 100 percent. Bur evervthing
8 Worth a try
You ean almost see the kid that’s gonna end up aut on
the street. It doesn’t shock you as much, That's the same
Muy who's really inconsistent in the program, That’s the
kid that’s always foolin’ around in the ayn.
When | first started working here, and { had to start
developing Programs, it started from the door What will f
be filled out. Every kid must be registered. When they
come through that door they must present their
membership card, Sigh a sheet of paper, and continue their
route. Everything here is Structured. When there’s an
environment where laws are, it makes people feel more
comfortable about employing themselves into the
situation, they feel more protected. [t feels good when if
somebody pushes me, can £0 tell somebody, and they're
15
poetry— The Living Poets Society~~praduced dy Livingston
Stuctents. She reads from several af the poems, incheding
Drug dealers
with loud jeeps
ride all night long
You turn around and
your wallet’s gone
Walk the streets with me my honey
You'll see
That people will
do anything for
Money. Drug dealers
with loud jeens
ride all night long
When cars have wireless telephones you know
you've entered the
Danger Zone
THERE'S ONE IN HERE THAT MAKES ME THINK
ot Langston Hughes, my favorite poet. These kids are
thinking about their lives all of the time. This is reality
These aren't dumb kids. That “Danger Zone.” it just
it's sad. And what's even sadder ia, there's nowhere to run
You said, “What are their dreams?"’ They're the same as
anyone else's, | think it’s sad that for one reason or
another, the American Dream isn’t working. {t's just not
coming true, And they come to middie school with high
hopes, Somewhere along the line it becomes evident to
them that they're not #ing to get that piece of the pie, that
it's going to be more difficult for them, somehow, because
of who they are, where they're from.
Jnfortunatety, the role models—we don't have enough.
The role models that these kids see are people with the big
cars. And unfortunately we are in a materialistic world. ft
might be really nice if we got beyond that, but we all want,
you know, a car, maybe a big TV, a big box, whatever. And
the fastest way to get it is to g0 into drugs. More money
passes hands in one day than ['}} probably make in a lifetime
Sometimes they can't even help but be puiled in
Sometimes they don’t see another choice. And that's
unfortunate
I'm the product of a Brooklyn ghetto. | speak from
experience. Ag a child I had the same aspirations, | was
lucky in that I hada very, very strong parent. My mother
“48 extremely authoritarian, and very strong. There was
ein my household. As there is in these children's
«seholds, don't get me wrong. But there was no doubt in
my mind that after 12th grade, there was 13th grade, and
l4th grade—I guess that was another era.
When I was a kid, f didn't think it was unattainable, |
guess I didn't realize how much college costs—it didn't
cost half aa much then as it does now But look at all the
programs they've cut. Look at how difficult it is even for
middle-class families to send their children to school today
And I don’t for one moment think it’s an isolated problem.
Teenage pregnancies, children raising children, ail of
these things go into the melting pot to make this problem.
And you've got to make the ends meet. [t's very sad.
{ had a child say to me the other day that if they died
tomorrow it wouldn't make a difference. These are 12-, 13.
and 14-year-olds who are talking that way, who feel that
they've done ail the living that they have todo, That’s sad,
When I was {teaching} in a classroom, we wrote journals,
And a lot of what they wrote about was the crime, and how
I don't know what the answer is. Because | know that if
you play by the rules in trying to fight crime, especially
drugs, you're never going to get anywhere, | strongly
believe that, and I believe that's why we haven't won at
this point. But if you play by your own rules, then, how
dangerous that can get. Because the people that you're
playing againat--the criminals—aren’t playing by the rules.
You know, these people recruit young kids, because they
think they won't have to #0 to jail. T had a student last
year. He was young. A very bright kid.
He's in a facility now. So he's off the streets. But he was
a lovable kid. A bright kid.
To make people wait so long for their reward... You
turn on the T'V and you watch, and now there’s somebody
like you on the screen, but that somebody like you really
isn't #0 much like you, ’cause that person hag everything.
Mv a lawyer, and pop is a doctor, and they've got
e ding. There are no money problems. Patience is a
virtue, but not when the competition's out there: you've
got to have the best sneakers. you've got to have the
bomber jackets, and lool at what they cost.
It's very difficult. [used to go to jail to visit kids. And it
Makes you want tocry. [t just strips away all of your
dignity, just to be a visitor someone on the outside, So |
can imagine what it’s like to be on the inside
I still get cails from former students at my home. Collect
calls {from jail}. And it's gotten to the point now where |
have to say, ‘Look, this has to stop,” It eats away at you
Because you know another side of that person. You know
that things could have been different
From Brooklyn | always wanted to own my own home. |
finally have achieved that. But they've arrested kids for
selling ice in the schools where my children go. So you
can't run from it
We have a couple at this level who are already sucked
into it. Nobody wants that
rit tell you what the kids think: Don’t tell me anything
You live it. Talk is cheap, And they see people in high
places falling prey to drugs, They see basketball players—
I mean, any sport you name. So don't talle to me about
common sense. Because surely these people have common
sense, They're making g00-gobs of money
One of the things I try to do is just be a model, | try to
watch everything | do and everything I say, because |
know that what I do means infinitely more than what | gay
So you won't find me yelling at the kids Whatever it is
that you want them to do is what you must model. For
every person you have going on TV saying "Just say no,"’
you have about four or five Retting arrested or making a
headline in the same field.
GK COMEN
Dertnda Davis
We have to make it happen. They’re taking the dollars
away, or they put dollars in for a short period of time and
say, ‘See, it doesn't work, so let’s pull the dollars out."*
You've got to make it happen-you have to stick to it. The
same thing you want the kids to do-~ stick to it. Because
change didn’t happen overnight. And it's not going to
change back overnight.
We've had kids that are homeless come to this school.
We used to have a child at the Street Academy who came
to school with his blankets. He was !60r17 He calls
every now and then, He's doing good right now, | think.
But his dream hasn't happened, His piece of the pie, he
hasn't tasted it yet, He's got a home. And so you and I
would think, wow, that's wonderful. [t's not what he
wants. He wants more than a home. He wants some of the
things he sees on TV.
“TIMMY”
“SOMTIMES WHEN THINGS GET ALITTLE TIGHT
i might veo hack and do. erigin things,” savs 24-vear-old
Timmy (not his real name) who spent a year in Albany
County fail a couple of vears egnonadrax charge The
marority af my life is pretty much Straight now. f try really
hard to keep drwas out of my life to the best that I ran. But it’s
hard, because there are always people thal have known vow to
be avertain wav at one ime who still try to influence vou fo
sell drugs r
Timmy was raised by his #randmoather in Trey. inan
atmosphere he describes as“ middie-« lass." He was kiched ou}
of high schoul—wantairts he savs-—~and eventually went ta
culinary arts shoal Taday. he has a coms traction job
Prom time to time. Timon, Mavs thal he was lucky to come
rom a Strona, supportive family But when asked how he got
Nteartod selling dregs he pauses, and savs with Serre appeares!
fain, ‘family
WHEN YOU GROW UP IN THE ATMOSPHERE
that I did. it’s hard for you not 16 get involved in it
especially if the alder people in your family are doing
certain things, With family, sine times out of 10 you don’t
ever question it, you just get right inte it
JiLrather he working with childsenthaa oolong drins. -
And that’s what my woalis in life. te go hack to « nol, and
try to get my Ph.D. in child psvehiatry. and work with
handicapped children Because | love kids
It took me yoiny to jail te actually straighten me out. |
probably wouldn't be alive night now, with the way | was
going, with having pistols. and doing things to pec ple that
owed you money, and stuff like that. I'm nota violent
person, but I'm very good at what I do
It’s not all violence, you're not always shootin’ at people
but if you betray a group i mean I'm not gonna take it
Out on his family for something he's done. ['ve busted
people's legs and stuff like that I've shot at people, but!
would never just shoot someane over $1)
Everybody has guns. And if vou don’t have ‘em you can
wet access to therm
I went to jail fora friend of mine. [t was said that 1 had
made a sale of cocaine to someone, but I know fora fact
that night that I didn't Recause f didn't have any. T was
naive, When they arrest voy they sav. ‘Well, we have vil
these witnesses." and they scare you into ac tually pleading
to something that you didn’t da
In the lifestvle you cannot dime, you cannot rat on ve ti
frrends—-it just doesn't happen. People die for that
Cocaine and crack, that's major business, [t's not hike
selling a nickel of pot. People will kill vou I've threatened
people myself. [ve robbed people, or rohhed their houses
like other drug dealers that will: ome and trv to take over
places that we have Evervbody's wot their territory
There are people that rat, but when they get out they
either have to move. or they get meased up
I did get a bum deal. They tned to hurt me. too, When
you get into interrogation, they beat you down, They
sirip-search you, and they ask you, “Do vou know this
person? Do you know that person?” And if you say. “‘]
don't know what vou're talking about,”’ you get a nice little
shot to the ribs, a nice little shot to the head
{ took going to jailas a lesson in life. ft took mea while
to say to myself, Timmy. you really dic need this. Even
though | hated being there, you really do stop and look at
yourself a lot. Some people it helps. some people it doesn’t
The drug addicts, they would say they'd wet healthy
from being in jail and eating and gaining all their weight
hack, and they’d get out and say, ‘No, I'm not gonna mess
with it.” And then they'd #0 ahead and mesa with it
anyway. About a week later, once their life starts gettin’
back. Because when you leave jail you're gong rizht back
to the same atrnoaphere that you left
The people on the street that sell to children, they don't
care who it is, [t's different from the way I've done it
Anybody that's ever gotten anything from me, I've known
how much they've done and if I've ever seen them hurt
themselves. | wouldn't give it to them
I've seen kids ag young as 10. 11 [buying drugs). I've had
kids ask me for money. and I wouldn't give it to them { wet
really upset about it. And that’s all the more why I wanted
t get out of it. can't see myself contributing to somebody
some litthe kid—it'll damage the kid's life, He's gotta have
a chance
We are what makes the changes in society for ourselves
Any black individual, just like any white individual, makes
their own decisions to do whatever they choose to do in their
lives. What happens is. because the majority of minorities
will fail inte that category. to be dealing drugs, that's why
they go to jail. {t's not that they're just targeted
If you didn't do the crime. then you won't be in jail. And
T honestly say that for myself. Even with my upbringing
and my background and everything, I went to jail because
I was stupid. We all make our own decisions
Everybody thinks that they have a had rap in jail
Everybody always denies their crime. But they'll aay, “I'm
gettin’ larger next time.” Which means, “I'm going to
make so much money where they're not going to be able to
touch me,"’ And if I was to say anything to them, it would
be. ‘Hey, 1 hope that vou learned your lesson, What vou
did was wrong. [ don’t care who you're trying to kid.
you're not kidding anvbody but yourself if vou think you're
HOt Gong to get Caught the next time.” Any berson that feels
that they're invincible will always go to jail
If you get greedy you get Caught. And that's why a lot af
them get caught. Thev want everything 40 quick, and
they're out there all the time
They're very materialistic people. You may not have
anythimy in your refrigerator, but you will always look
good. Some of the young kids will do that just to have nike
things—it's like a minority fashion show. Like myself, {
have 13 pairs of Nike sneakers. {like to look good but!
can afford to work and get it, | make good money. about
$100adav. And I'm happy with that
[ could pick up my phone and within 20 minutes have
three or four hundred dollars Without even spending a
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WHAT OTHERS HAVE SAID ABOUT GRAND JURIES al
*"The grand jury no longer serves the purpose for which it was designed."
-Chief Judge Sol Wachtler
*'The district attorney goes to the grand jury to obtain an indictment. The stamp of
approval will be sought. The same witnesses, already interviewed, and the same evidence,
already gathered will now be presented to the grand jury. The legal adviser to the grand
jury will decide what they hear. The defense has no right to present its case, or
cross-examine, or have counsel present. It is by design, a one-sided affair. Is it any
wonder that‘nearly everyone experienced with the criminal law readily concedes that the
grand jury almost invariably does what the prosecutor wants?"
“Chief Judge Sol Wachtler
*The grand jury system is coming under rising attack from both Law-and-order advocates and
civil libertarians, who say it has instead become an inefficient captive of often
overzealous prosecutors. Legal experts, court opinions and people who have served on
grand juries argue that the panels' vaunted independence has been turned on its head.
*“Any district attorney will tell you in confidence that the grand jury will do what
he or she wants it to do." ~Chief Judge Sol Wachtler
‘District attorney's often use the panels to avoid responsibility for unpopular decisions
not to bring charges in controversial cases.
*In NYC, prosecutors win indictments in 94% of the cases they present to grand juries.
*Panel members must be convinced there is "reasonable cause to believe" that the defendant
committed the crime. That is much less than a prosecutor must do at trial, where a case
imust be proved “beyond a reasonable doubt".
*Grand jurors say they make very few decisions. "I felt that we rubber stamped," due to
only hearing one side of the story. “Grand juror
*A grand juror said prosecutors discouraged questions from the panel members and rarely
gave jurors any indication of what a defense might be. When they did answer questions
they often told jurors that the issues they were concerned about were for the prosecutors,
not the jurors, to decide.
*"There's a tendency to say, if that guy (the DA) is up there, he knows."
-Grand juror
‘When one juror had some doubts about one case, other jurors told him they did not want
to take the responsibility of turning down the prosecutor's request.
*"We indicted every case except one, and that was because the district attorney who was
prosecuting literally led us into turning him loose ."
-~Grand juror
*"The system is not set up so that it's intrinsically fair, and it ought to be."
~Crand juror
Sources: Fund for Modern Courts
New York Times article "Plans are Pressed for Abandoning Grand Jury System" 2/20/%
There has been a movement in this country for some time to abolish or reform the
grand jury system, Law-and<-order advocates and civil libertarians feel that the grand
jury is a rubber stamp for prosecutors. Thus it is next to impossible for the jury not
to indict someone. As Chief Judge Sol Wachtler has said, "A grand jury would indict
a ham sandwich if a prosecutor wanted it to." Inside grand jury rooms, where prosecutors
present their cases in secret, defense Lawyers are not permitted to speak, defendants are
at the mercy of prosecutors, and prosecutors are immune from challenge.
WHAT IS A GRAND JURY?
A grand jury is a body consisting of not less than 16 nor more than 23 persons, to
hear and examine evidence concerning offenses. A quorum of 16 is required and any
decision requires the concurrence of at least 12 members.
Grand jury proceedings are secret. Only the district attorney can be present
during proceedings, other than witnesses and attorneys for witnesses. Such attorney
can only advise the witness and may not otherwise take part in the proceeding. The
defendant, or his/her attorney, may not be present during any of the proceedings other
than during the defendant's testimony. The defense has no right to know who testified
against the defendant, nor what was said and can receive a transcript of the testimony
only after each witness has testifed at an actual trial.
The grand jury is the exclusive judge of the facts. The legal advisors of the
grand jury are the court and the district attorney.
A defendant has a right to testify before the grand jury and must sign a waiver of
immunity. The defendant makes a narrative statement and is then cross examined by the
district attorney. His/her attorney may not ask any questions. A defendant may request
the grand jury to cause a person designated by him/her to be called as a witness. It
is up to the grand jury's discretion as to whether such witness will be called.
A grand jury may indict a person for an offense, dismiss the charge, or direct the
district attorney to file a non-felony charge with a local criminal court. A grand
jury may indict a person for an offense when (a) the evidence before it is legally
sufficient to establish that such person committed such offense, provided, however,
such evidence is not legally sufficient when corroboration that would be required as a
matter of law, to sustain a conviction for such offense is absent, and (b) competent
and admissible evidence before it provides reasonable cause to believe that such
person committed such an offense.
WHAT IS AN INDICTMENT?
An indictment is a written accusation by a grand jury, filed with a superior
court, charging a person, with the commission of a crime. It is very rare for a grand
jury not to indict someone the district attorney has brought before them. An indictment
is really the way to officially charge someone with a felony. The next step after this
is arraignment of the defendant in county court and then the case proceeds to a
regular trial by jury.
WHAT HAPPENED TO THE PRELIMINARY HEARING?
For felonies, the defendant has a right to a prompt hearing upon the issue of
whether there is sufficient evidence to warrant the court in holding him/her for the
action of a grand jury. In Albany County, judges have interpreted this to mean only
defendants held in jail get hearings. The judge granted the hearing in Donna's case
but the DA has the right at any time to present the case to a grand jury and in this
case decided to do so before the hearing. If Donna's lawyer had pushed for the hearing
the DA would have gone to the grand jury the day before the hearing was scheduled.
Why would the district attorney want to present his case in public and subject his
witnesses to cross-examination when he can do it all in secret? No one will ever
know who his witnesses were, what they said, and how strong or weak of a case he had.
He can totally manipulate the case behind closed doors if he wants.
“Alden Manion, has also been
They’re watching
Shutterbug bugs
Albany activist
By Jay Jochnowitz
Stat writer
ALBANY — Three years after
Albany police destroyed photographs
of a political activist, admitting that
were taken in violation of
policy, the department is again
facing complaints about covert sur-
veillance.
The city police chief denies that
any of his officers are taking the
photos.
Capital Police have monitored the
protests involved in the complaints
and a state spokesman would not
comment on whether a car used by a
photographer in question belonged to
the Capital Police.
Activist Donna DeMaria, the tar-
get of police camera lenses in 1967,
said a mysterious photographer has
g. 21 demonstration on her behalf
ies Albany City Court and an
Oct. 23 demonstration at the New
Scotland Avenue Armory by the
AIDS Coalition to Unleash Power, a
Maria said an Albany dptective,
Once, she said, Manion was sport-
ing a Groucho Marx-type disguise.
Another time, he sped off in reverse
down a one-way street when demon-
strators approached.
Oe eunil
_. surveillance complaints
DeMaria and two dozen other
activists voiced complaints in a four-
ge letter to Albany Police Chief
John Dale, who has agreed to a
meeting Friday. They want photos
and only uniformed offi-
cers at demonstrations, arguing that
plainclothes surveillance has a
“chilling effect” on their free speech.
“Certainly, detectives watching
us, taking pictures heey on side
ane circling around araand 406 “eo
approached serves no p Fog
is clearly to intim
harass, or pos build se s
people,” they wrote in the letter.
One demonstrator, DeMaria said.
snapped a picture of the photogra-
at an Oct. 23 demonstration and
pher
the photo will be presented to Dale.
Dale said the piainclothes pres-
ence is authorized, but he unequivo-
cally denied that the department is
os demonstrators. After
police to task for
ictures of her three
has ordered that no
See POLICE / B-16
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police-community pane!
By Catherine Clabby 4\4p
Statt weiter a\
ALBANY -- Nine months after the
city’s community-police relations
board was disbanded, Mayor Thom.
. Whalen [I] is preparing to
announced a restructured panel,
according to a City Hall source.
The mayor has appointed nine
people to the new panel, which
eventually will have 11 members,
and expects them to meet by the end
of the month, the source said.
A the members is the Rev.
Robert Dizon former chairman of
the panel; three members of the
city’s Human Rights Commission:
and Marilyn Hammond and Gail
Elliot, who will represent Arbor Hill
and the South End respectively,
according to the source. Members of
the human-rights panel include Rab-
bi Martin _ James Albea
and the Rev. Berseford Bailey.
Still to be appointed is a student
from the State University at Albany,
to be named by SUNYA ident H.
Swygert, and and one other
The former board featured 15
— including
The former board
featured 15
members, including
representatives of
8roups that
frequently were
critical of the Police
Department . . .
to adequately address disputes, race
relations and the threat posed by the
city’s illegal drug trade.
In February, members of the
previous board in a secret ballot
voted narrowly to favor a reorgani-
zation that would grant the panel the
cers. Two members not present for
the vote uently wrote to the
mayor and & plan more in
I with what the mayor has
Police Chief John Dale was among
those
a ; says polic e
‘violate civil rights
Alleges official indifference
By John Caher a and pushed him into a trash can.
\ Branch claims he was kicked and hit
ALBANY — A $4 million federal by both Sutton and Tanchak follow-
civil. rights lawsuit filed Friday ing a strip search.
accuses Albany police of systemati- in a police report, the detectives
cally and blatantly violating the contended Branch flailed at them
rights of minorities while city offi- and noted that they had to use @
cials react with indifference. ‘reasonable amount of force” to
Albany attorney Mark S. Mishier inger, accordin court
contends the city’s refusal to discip- ee tins ae” with a
by police officers of the city of isdemeanors isting arrest
Albany that they could violate the chetrectiag ober adminis-
rights of (minorities) with impunity.” tration, ng isl use of drug pare-
Mishler four instances lia @ i
since 1984 when federal juries had fare of a chi Branch pleaded
the r his of minorities None the ven a 1 discharge in City
and the mayor as to whether the jg gt least the fourth civil
constitutional rights of African- action filed in the past year by bi
s J 'y *
Americans would be violated. men who claimed they were beaten:
The lawsuit was started on behalf DY Albany police. Three of the sults,’
of McKinley Branch Jr. @ black including Branch’s, name Sutton.
_ Albany man who was suspected of Sutton, a narcotics detective, has
dealing drugs to 4 14-year-old. been dubbed “Batman” by civil
Named in the action are the city, rights activists who al that he
Capital Police admit watching protests
By Catherine Clabby
Staff writer
ALBANY -- Capital Police monitor political demon-
strations and sometimes photograph part ts on and
off state property, according to Tubbs, a
spokesman for the state Office of General Services.
And at least one plainclothes investigator with the
department has fled demonstrations when approached
a local political activist who has been known to
undercover investigators, said Tubbs. Inves-
era
tigators, Re said, don’t want their identities publicized.
Donna DeMaria, the local activist, has been attempt-
ing this week to determine which police agency has been
monitoring local demonstrations and sometimes taking
ographs. For she has argued such police
yveillance raises constitutional questions and has an
effeet on public expression.
In the wake of residents’ complaints, Police Chief John
Dale this year restricted members of the rtment
from public demonstrations. Dale met
with DeMaria and others on Friday to assure them
menabers of his department have not been photographing
local protests.
“The First Amendment is very important to me,” said
Dale. “I'm not going to violate it.”
Tubbs said Capital Police monitored two demonstra-
tions DeMaria has inquired about, including an Aug. 21
gathering on her behalf outside Albany City Court and
reek age a er itlasgp geet Eergy’ Ae ra em
Coalition to Unleash Power, a militant advocacy
group.
“We monitor all demonstrations in the area,” said
state Cupitol, with members at one action being
arrested, said Tubbs.
Photographs are taken of groups which are are known
to stage protests on state property, said Tubbs. Files are
kept on groups — such as ACT-UP and the envirdnmen-
—..
“We have to enjoy the ability to recognize members of
organizations,” he said.
The August demonstration was staged to protest
DeMaria’s arrest on charges of coercion and aggravated
harassment. A City Court judge and DeMaria’s attorney
have said they understand those charges would be
dropped, but District Attorney Sol Greenberg has said he
would pursue them.
DeMaria has been attempting to find out the
ownership of a car that carries a man who has
yr demonstrations she’s participated in.
hen approached, the car has sped away, she said. Tubbs
said he could net comment on whether the car belongs to
the Capital Police.
He said police investigators or ins who moniter
or photograph demonstrations do not do so covertly. But
because they fear their identities could be publicized nd
activists, {
that would other
Tubbs.
ee _were taken at the October session many people wh
court, the Court of A
violation of state and
authorities were
14 [4
)
j |
‘Turner upholds search of drug
suspects at bus station
By John Caher
Statt writer
ALBANY — Albany County Judge John G. Turner Jr.,
who last month ruled that police illegally searched two
alleged drug couriers at the Greyhound Bus Terminal, on
Tuesday upheld a similar narcotics investigation in
which city police arrested two suspects.
Turner said detectives with the department’s special
investigation unit acted properly on Sept. 7, 1989, when
they questioned and searched Cecilio Brewster, 37, and
his companion, Marilyn Harris, 32, both of Saratoga
Springs. Last month, Turner said police had no right to
search two Buffalo men and ruled that $8,000 worth of
cocaine could not be used as evidence against them.
The difference in the cases hinged on a fine-line
determination as to whether police had reason to suspect
criminal activity and whether the defendants were free
to ignore the inquiry and walk away.
City narcotics officers, in a “drug interdiction” effort,
- have conducted a lengthy undercover investigation at
the Greyhound Bus Terminal on Hamilton Street, which
Turner referred to as a “hotbed of drug activity.”
—
is, set forth four levels of
in its 1976 decision in People
permissible police in
required for
vs. DeBour, and established the criteria
each,
Turner found police had a reason to question Brewster
that satisfied the isions established in the DeBour
decision. He said water was “an extremely nervous
person, who became agitated as the interview continued,
Defense at! have argwed strenuously that the
bus station effort violated the saf rds of
the Terry and DeBour rulings and have comp that
— Hispanics in clear
law.
Detective Lt. David Epting denied in court that
gearing their efforts toward minorities,
“did indicate black folk had been statistically
aves 5 Gee ees Se So
according to 's decision in the Brewster case.
City records show only four of the 91 drug suspects
arrested at the bus terminal in 1989 were white.
Court decuments reveal the investigation works like
this: Police approach people who look suspicious and ask
if they are carrying any illegal drugs. If the target denies
ing drugs, a detective says something to the
effect of: “If you are not carrying any drugs, then you
don't have anything to hide and you won't mind if we
look through your personal belongings.” Uniess the
suspect objects, he or she would be escorted to a bus
station restroom and searched, according to court
records, i
The same “ruse” -- as Turner referred to the
questioning that often precedes a search — was used in
the Brewster /Harris case and the matter of Jorge Luis
Mercado Soto, 24, and Juan E. Pagan, 29. But while
Brewster and Harris were not forcibly detained, Soto
was, Turner said,
Top state and federal courts have held that police can
base a brief detention on something less than the
“probable cause” required for an arrest, but must have
more than a mere hunch that criminal activity is afoot.
The Supreme Court, in the 1968 case of vs. Ohio,
required an “articulable suspicion.” New York's highest
rey
Sete, who was allegedly carrying cocaine, and Pagan
-~ both Hispanic — spent 19 months in jail awaiting trial
before Turner
ly pleaded gui ity to a loitering charge, were sentenced to
: and released.
the evidence. They subsequent-
Harris was sentenced to three years on probation after
pleading guilty in December to criminal use of drug
parapherna
charges of
controlled substance and seventh-degree criminal pos-
session of a controlled substance. Brewster and Harris
lia. Brewster remains in jail awaiting trial on
third-degree criminal possession of a
are black,
Raymond A. Kelly Jr.,”an assistant county public
‘defender representing Brewster, argued in court papers
that the ‘drug { ruse .., was nothing more
than an arbitrary and capricious intrusion upon the right
to be free from unreasonable police interference.”
“If the courts and defense counsel are not ever
t, the greatest casualty of the war on drugs will be
vigilan
our Bill of Rights,” Kelly argued.
Assistant District Attorney Paul A. Clyne maintained
the search of Brewster was legal and proper,
FP nla mmunnwm om as ato ti =. ha/’e
COUNTY
ALBANY
¥
°
oy
%, ye a ee
Times Union photo by Paul 0. KAniskern Sr.
Jibany, commemorates Jan Kostrobaia, an AIDS victim.
stunned with emotion
_.. You see all
ver individual
— Mark Niezgoda
SMA OL NOAA ERLE EIA LPI LELN AH
au don’t look so closely.”
to is prepared in
end n. wemen and
Have died trom AIDS,
hany are leaving mes-
it the gallery for each
w they ve lost. Penned
read in a corner of a
messages are Angry
%
Others are mournful. All are loving.
“Rage, rage, rage against the
dying of the light.” proclaimed one
writer. “All people with AIDS are
innocent,” insisted another. And
there was a question directed at a
dead friend: “There is so much love
in this quilt. Can you feel it wrapped
around you?”
On Tuesday, Winston Lindsey, the
minority outreach coordinator for
the local AIDS council, was in the
gallery. focused on the living. Sta-
tioned in front of etught panels. he
was telling whoever would listen
that no one can assume that they are
immune to the virus
“if Tecan reach one person, save
one hfe” he said, “we will not have
to add another panei to this quilt
By Jay Jochnowitz
Statt writer
ALBANY — An Arbor Hill brawi
among police, two burglary suspects
and their friends and relatives last
week has prompted some leaders of
the black community to call for a
closer look at the incident and police
treatment of minorities.
Leaders in the black community
stressed Tuesday that they were still
trying to sort out the Friday night
incident and weren't ready to label it
a case of police brutality. But they
acknowledged that in the wake of the
fight and arrests that followed,
complaints about poor police-minor-
ity relations may be headed for a
renewed public airing,
“Police brutality, especially di-
rected against minority groups and
African-Americans, has historically
been a problem in this town,” said
Albany County Legislator James
Bouldin. “I am not saying that’s what
happened in this case, but we need to
investigate it and bring it to a
closure.”
Third Ward Alderwoman Sara
Logan agreed, stating that she want-
ed to “see if we can really iron out
some of these rumors.”
A demonstration is planned at City
Hall today by family members of the
people arrested. Organizers, who
planned to have circulated 4,500
fliers on the protest by today, are
calling on Mayor Thomas M. Whalen
Il] and Police Chief John Dale to
discuss the incident and the issue of
police-minority relations.
On Friday night, police were
called to Arbor Hill in response to a
reported burglary at 94 Northern
Bivd. Police spokesman Lt. Robert
Wolfgang said Mary Coleman told
police that her daughter was arguing
with some people outside and
brought her back into the house.
Police say two men — Granville
Cancer, 24, of 225 Clinton Ave. and
Willie Vaughn, 28, of 60 Judson St.
demanded that the daughter come
outside, and when she did not, they
breke down the door, Police said
they argued with the occupants and
then left.
At 7:30 pm. about 20 minutes
after the incident, police found
Cancer and Vaughn in trent of 388
Clinton Avenue. Attempting to ar-
rest them, police say they ended up
fighting with Cancer and Vaughn,
along with Maria Cancer, 17, of 19
Quail St; Eric Cancer, 16: and
Markeem Ryan, both listed at [85
Livingston Ave
After brawl, Arbor Hill
family accuses police
Police charged Granville Cancer
and Vaughn with second-degree bur-
giary and resisting arrest, Granville
Cancer was also charged with sec-
ond-degree assault. Maria Cancer
was charged with resisting arrest
and assault, while Erie Cancer and
Ryan face obstruction of govern-
mental administration charges in
addition to counts of assault and
resisting. They all were arraigned
Saturday in City Court. Erie and
Maria Cancer were released Tues-
day on $350 bail each. The rest
remain in jail.
Wolfgang said four officers —~
James Brooks, Francine Wilkinson.
Kevin Breen and James Lyman —
were hurt in the arrests, sustaining
injuries ranging from scrapes to a
bite on the thumb in Lyman’s case.
Brooks and Wilkinson. he said, were
treated at Albany Memorial Hospi-
tal.
Also injured in the fight and still
hospitalized Tuesday night was Sally
Cancer, 41, Eric and Granville Can-
cer’s mother. In a phone interview
from Albany Medical Center Hospi-
tal, she said she was going to a bingo
game at the Joseph Zuloga Ameri-
can Legion Post at 388 Clinton Ave.
with Eric Cancer when her son
Granville and Vaughn pulled up ina
Jeep, followed by a city police car
that pulled alongside them. The
officers approached with their guns
drawn, she said, and ordered her to
move on.
She said she refused to leave and
her son Eric told police. “You better
not shoot my brother,” accusing
them of looking for an excuse to
shoot. Police, she said, then grabbed
Eric and began beating him.
Cancer said that during the inci-
dent she put her hands on her son's
chest and told him not to fight back,
and then Ryan, a friend of the
family, approached and told police
to stop, warning them that Sally
Cancer had a heart condition. At that
point, Sally Cancer said, one of the
officers said "So what?” and hit her
in the chest with his nightsuck
Cancer said she was hospitalized for
a subsequent angina attack.
She said the incident followed two
years of police harassment ayainst
her family since another son, John.
filed suit against the city after a
city-owned truck struck his #-vear-
old daughter
Wolfgang said o tarmai complaint
has vet to be tiled
Bt
Saea7
‘@
#@
By Jay Jochnowitz
Statt writer
cronmapcidl ~~ An Arbor Hill braw!]
among police, two burglary Suspects
and their friends and relatives last
week has prompted some leaders of
the black community to call for a
closer look at the incident and police
treatment of minorities.
trying to sort out the Friday night
incident and weren't ready to label it
a Case of police brutality, But they
acknowledged that in the wake of the
fight and arrests that followed,
complaints about poor police-minor-
ity relations may be headed for a
renewed public airing.
“Police brutality, especially di-
rected against minority groups and
African-Americans, has historically
been a problem in this town,” said
Albany County Legislator James
Bouldin. “I am not saying that’s what
happened in this case, but we need to
investigate it and bring it to a
closure.”
Third Ward Alderwoman Sara
Logan agreed, stating that she want-
ed to “see if we can really iron out
some of these rumors.”
A demonstration is planned at City
Hall today by family members of the
people arrested. Organizers, who
planned to have circulated 4,500
fliers on the protest by today, are
On Friday night, police were
called to Arbor Hill in response to a
reported burglary at 94 Northern
Police say two men — Granville
Cancer, 24, of 225 Clinton Ave. and
mail St; Erie Cancer, 16 and
Markeem Ryan, both listed at 383
Livingston Ave,
family accuses police
Police charged Granville Cancer
and Vaughn with second-de bur-
lary and resisting arrest. Granville
ancer was also charged with sec-
ond-degree assault. Maria Cancer
was charged with resisting arrest
and assault, while Eric Cancer and
Ryan face obstruction of govern-
mental administration charges in
addition to counts of assault and
resisting. by all were arraigned
Saturday in City Court. Erie and
Maria Cancer were released Tues-
day on $350 bail each. The rest
remain in jail.
Wolfgang said four officers
James Brooks, Francine Wilkinson,
Kevin Breen and James Lyman —
were hurt in the arrests, Sustaining
injuries ranging from scrapes to a
bite on the thumb in Lyman’s case.
Brooks and Wilkinson, he said, were
— at Albany Memorial Hospi-
tal.
Also injured in the fight and still
hospitalized Tuesday night was Sally
Cancer, 41, Erie and Granville Can-
cer’s mother. In a phone interview
from Albany Medical Center Hospi-
tal, she said she was Boing to a bingo
with ¢ Cancer when her son
Granville and Vaughn pulled up in a
Jeep, followed by a city police car
that pulled alongside them. The
She said’ she refused to leave and _
her son Eric told police, “You better
not shoot my brother, accusing —
them of Wthieg for an een
and
then Ryan, a friend of the
family, approached and told police _
to stop, warning them that Sally
Cancer had a heart condition. At that
point, Sally Cancer said, one of the
officers said “So what?" and hit her
in the chest with his Seer.
Cancer said she was hospitalized for
a subsequent angina attack,
She said the incident followed two
years of police harassment against
her f, since another son, John,
city-ow uck struck his 6
igang said a formal complaint °
has yet to be filed
8-2 THE TIMES UNION
Albany, N.Y., Saturday, Dec. 8, 1990
aaaaah
In police fracas
Dale says investigation
needs formal complaint
By Timm Beidel
Staft writer
ALBANY — With public protests
but no formal complaint about
police conduct during a burglary
arrest and fracas last fg Beli tog ooh
Hill, an investigation of the incident
is on hold, police Chief John Dale
said Friday,
“inorder to investigate it, we _
pol out what happened,”
said. “We can't judge our
tions by what we read in the paper.”
Aseria. Rateniies catein Oey
residents com-
sault and resisting arrest and four
police officers injured. Cancer's
mother, Sally, was talized with
an angina a after the brawl.
Dale said he informally has dis-
‘encouraged”
by spe | a complaint. Without it, he
said, investigation would be
departments and the State Police worked toy, .
eer au
1989 was a record year
Albany drug arrests decline in ’90
By Joe Mahoney
Stati writer
ALBANY - The number of drug arrests by Albany
Police has dipped significantly this year following last
year's record-shattering performance.
Albany officers made 201 felony drug arrests and 148
misdemeanor drug arrests in the first nine months of
1990, compared to 336 felony arrests and 239 misdemean-
or arrests in the same period of 1989, according to state
Division of Criminal Justice Services statistics.
Albany Police recorded a record 709 drug arrests in all
of 1989 ~- 407 felonies and 302 misdemanors.
The bumper crop of arrests last year resulted in part
from a lengthy investigation involving undercover
informants. It culminated in May 1989 with the arrests of
some 85 persons, most of them residents of the Arbor Hill
and South End neighborhoods, on a variety of drug
charges.
Also driving up the 1989 total were police efforts to
interdict narcotics at the G terminal in
downtown Albany. That surveillance resulted in approxi-
mately 100 arrests.
Asked about the decline in drug arrests, Chief John
Dale said Monday: “We still have a problem with drugs
out there, but our officers have been able to impact on
some of the open-air drug markets with aggressive
enforcement. We're going to keep at it.”
Richard Ross, a spokesman for Division of Criminal
Justice Services, said
throughout much of the
last year.
wend, Serena climbed steadily
1980s across the state, peaking
& We still have a problem with
drugs out there, but our officers
have been able to impact on some of
the open-air drug markets with
aggressive enforcement. We're
going to keep at it » |
~~ Police Chief John Dale
Arrest statistics obtained by The Times Union also
show that the number of drug arrests this year by Troy
and Colonie Police is below last year's arrest totals.
Schenectady Police appear to be holding about even.
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