"ANOTHER COP GOES BAD"

"BADGE OF DISHONOR"

Poughkeepsie Journal

Wednesday, January 28, 2004

LORI BAILEY - Village of Fishkill Police Officer CHARGED with GESTAPO Police Tactics when she Violated the Civil Rights of another Police Officer, AL ALBRA of the Town of Bedford, Westchester County Police Department

By Nik Bonopartis

Poughkeepsie Journal

The results of an independent investigation into alleged civil fights violations by Fishkill town and village police at a joint DWI checkpoint are due to be released later this week.

But the debate over how the DWI checkpoint was administered has already been underscored by inconsistencies in police reports. And, although a preliminary investigation by the Dutchess county District Attorney's Office has been closed, questions remain about policies and procedures at the two agencies.

The independent investigation began in mid December when Fishkill Town Supervisor Joan Pagones asked independent investigator Kenneth Bernstein, of Hyde Park, to look into allegations town and village police detained a Fishkill man and his passenger without reasonable cause during a July 12 DWI checkpoint.

Fishkill resident Al Albra has accused village police of violating his and his uncle's civil rights when they were detained and taken out of their car.

Man: Violation Ignored

Town police were working with village police at the checkpoint that night, and Albra - who is a police officer with the Town of Bedford in Westchester County - said Fishkill town police ignored the fact their fellow officer from the village were violating the law.

Albra says there were no violations in the car his uncle was driving, there was no alcohol in the car and both men were wearing their seat belts.

Nonetheless, village Officer Lori Baily told Vito Biciti - Albra's uncle, who was driving - to pull over and made both men step out of the car, Albra said. Biciti was given a breath test without first giving him a field sobriety test, according to Albra. He passed the test, Albra said.

An internal report done by village police after the stop confirms the two men were stopped, that they were asked to step out of their car and that no arrests were made.

However, that report has several inconsistencies. Tow officers each name a different officer as having administered the breath test on Biciti. In one section of the report, a detective gives detailed information about what happened at the checkpoint. However, a list showing who was working at the checkpoint that night dies not include his name.

The Village report also refers to two reports by lieutenants from the town police department. However, Fishkill town police Chief Donald Williams says those reports do not exist.

Albra said he did not want to do public with the accusations, but felt compelled when police did not take his complaints seriously. He said it took 84 days and several letters before he got any written response from either agency.

"I wanted to handle it in house, but it's obvious they're not going to do anything," Albra said.

Williams said his department did not launch its own internal investigation because town officers weren't involved in stopping Albra and Biciti.

"From our indications, our officers weren't directly involved," he said. "They were there, but they were on the opposite side of the road because they were getting traffic from the opposite direction."

Village police were stopping drivers coming out of the village, Williams said, while town officers were stopping drivers coming from the town. However, a town police cadet was being trained by the village officer who ordered Biciti and Albra to pull over.

Village police officials did not return a call seeking comment.

Preliminary probe closed

A preliminary investigation by the Dutchess County Districts Attorney's Office has been closed after the office determined "the remedy lies outside of a criminal prosecution," Senior Assistant District Attorney Edward Whitesell said.

"My position is that absent some sort of allegation of criminal activity or malfeasance that there is no way for us to further involve ourselves," Whitesell said. "I view his complaint at the point as primarily an internal affairs type of complaint."

Pagones said she expects the independent investigation by Bernstein should be completed "within the week."

"Whenever someone comes forward with something, I'm going to take it seriously even though there may or may not be something there," she said. "If there is something that we should have done differently, then we will do it differently."

Village of Fishkill Mayor James Miccio said he will discuss the accusations with the village board after the town's report is released. the village board is scheduled to meet Monday.

"I think we'll just see what the independent report from the town has to say  before we make any moves," Miccio said. "If they come up with something, then we'll take another look at it, but there's no sense in having two independent investigations going at the same time."

Asked about the inconsistencies by village police officers in their own written report, Miccio said: "There's a concern obviously. If there was something our officers did wrong I'd like to know about it."

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