Schenectady police Officer Andrew Karaskiewicz walks out of the Schenectady County Courthouse after his arraignment Friday morning on an official misconduct charge.
SCHENECTADY Three Schenectady Police officers were arraigned this morning on misdemeanor charges of official misconduct, accused of failing to follow proper procedures in a December arrest.
The officers, Eric Reyell, Gregory Hafensteiner and Andrew Karaskiewicz, however, were cleared of allegations that they beat suspect Donald Randolph, attorneys said.
State prosecutors called the charges a reminder that officers must obey the law themselves, but defense attorneys and the police union head this morning called the charges “ridiculous” and “meaningless misdemeanors.”
“He feels relieved that he’s vindicated that as police officer, he did a good job,” said Michael McDermott, Hafensteiner's attorney. “And now to be brought into criminal court for failing to file a form is pretty disappointing.”
Read the indictment
To view the full indictment against Schenectady police officers Eric Reyell, Gregory Hafensteiner and Andrew Karaskiewicz, click here.
The three were arraigned in Schenectady County Court before Judge Karen Drago. All three pleaded not guilty.
Not indicted were Daryl Mallard and Kevin Derkowski.
In a statement this afternoon, Mayor Brian U. Stratton and Public Safety Commissioner Wayne Bennett said Hafensteiner, Karaskiewicz, and Reyell will be suspended without pay, effective immediately, while Derkowski and Mallard will remain suspended with pay, pending completion of an administrative investigation into possible violations of department rules and regulations.
The charges came after months of investigation into Randolph’s accusations that one or more officers used excessive force and he was injured. Randolph’s family alleged that a half-dozen officers beat him while arresting him and after Randolph tried to use a cellphone to call his girlfriend for help.
As a result of the accusations, five officers, including the three indicted, were placed on paid leave. They have been out since late December.
The attorneys for the three indicted officers argued that the accusations do not rise to the level of a criminal charge and should have been handled in-house. Dismissal motions will be filed, they said.
The officers appeared in court with the support of several fellow officers. Half the gallery was filled with plain-clothed officers and family members. Among them was Lt. Robert Hamilton, police union president, who blasted the charges afterward.
Hamilton said the officers were rushed back to the road after the incident and returned later to file paperwork. The use of force form was simply forgotten, he said.
“One department form wasn’t filled out and they’re charged with a crime?” Hamilton said. “Don’t you see a problem with that?”
10:16 a.m. [ Suggest removal ]
http://dailygazette.com/news/2008/jul/22...
10:43 a.m. [ Suggest removal ]
To be fair, Chim, those charges apparently turned out to be bogus: http://dailygazette.com/news/2008/aug/09...
11:27 a.m. [ Suggest removal ]
Charges? I just liked the photograph. Lol.
5:02 p.m. [ Suggest removal ]
Soooooooo here we go again...Wayne Bennett the overpaid supervisor can't make for a decent case against these police officers so looks like he made a deal with the others to testify on b/s charges....amazing that this story even made the news...I mean to bring charges is one thing if you have a case but to use inhouse charges for news sounds like Mr. Bennett is attempting to justify his existance....I would think the PBA should file their own charges on Bennett for not doing his job properly.....
12:21 p.m.
1:35 p.m. [ Suggest removal ]
Its the same old story over and over again in the Schenectady PD. I thank God I moved to the ATL! I remember when Michael Hamilton tried to give me a fake sealed indictment for drugs, thank God that the jury saw through it and I was acquitted! Nothing more than thugs with badges.
5:37 p.m. [ Suggest removal ]
If they have been found innocent of beating this low-life that should be the end of it. In my line of work when I fail to fill out paperwork properly I may be reprimanded, to face charges is ridiculous. Police officers risk their lives everyday to protect us, it's about time we stand up for them and stop letting the mayor and commissioner destroy their lives.
7:36 a.m. [ Suggest removal ]
Um, yea. I spent several years of my childhood growing up with this Donald Randolph character. Whether the Scenectady PD is corrupt or not....I think we are missing the major point here......What the hell Was Randolph doing that got him arrested?! Seems like we are so willing to forget this stuff...our vision gets all focused on the wrong issues here. Now, speaking from personal experience, I can't completely see Randolph backtalking, giving a hard time too the police....It is also NO SURPRISE that he cried about the arrest afterwards..citing exessive force.
Yeah, well, you should have layed still I guess huh? I mean, they ARE the police. What in the world was this guy thinking? Now he is complainning about his personal rights...here's one...how about...the right to remain silent!! Sound familiar? Parading around like this and acting like the victim does not change the fact that you are and always have been a low life...and you broke the law...end of story.
This is Mike LaMontain by the way, in case anyone wants to know.