Schenectady (NY) County Judge Karen Drago knows “farfetched” when she
sees it — and defendant Frank Darmody is grateful. Judge Drago dismissed
a grand jury felony charge against Darmody on one count of “attempted criminal
possession of a weapon.” (Schenectady Daily Gazette, “Charge tied to weapon
dismissed,” Nov. 19, 2005, $ubscpt)
During a traffic stop on various violations, Darmody had told an officer that
there was a gun on the back seat of his vehicle, but it didn’t work and he was
repairing it for a friend. Tests showed that the gun was inoperable, and thus
could not be the basis for a charge of criminal possession of a weapon. However,
the innovative Assistant Schenectady County District Attorney, Martin Burke,
decided to seek an indictment based on Darmody’s intent to repair the weapon
and thus make it operable. Burke has admitted that he’s been unable to find
any case law on this issue.
Judge Drago therefore made a little caselaw of her own, in People v Darmody
(Oct. 28, 2005), stating:
“The People’s argument that the charge should stand because
he intended to repair the weapon and once operable he would
be in possession of the weapon is farfetched at best.”
Seems to me that the grand jury should have laughed A.D.A. Burke right out
of their hearing room. Of course, if Darmody had been caught in the very
act of repairing the gun, Judge Drago might have reached a different conclusion.
Would you? Any criminal law experts out there with an opinion?
You’ve got to wonder what ADA Burke might decide to do “bombfuse”
to anybody in possession of the book The Boy Mechanic –
a 1913 compilation by Popular Mechanics, available free
from Project Gutenberg, with the following cautionary
disclarimer (via RyeBlog and Blawg Review‘s Anonymous Ed) :
“These projects involve items such as gunpowder,
acetylene, hydrogen, lead, mercury, sulfuric acid,
nitric acid, cadmium, potassium sulfate, potassium
cyanide, potassium ferrocyanide, copper sulfate,
and hydrochloric acid. Several involve the construction
of hazardous electrical devices. Please view these as
snapshots of culture and attitude, not as suggestions
for contemporary activity.”
country stop sign–
the pink glow of sunset
through .22 holesmidday heat
the staccato staccato
of a nail gun
against the rumbling
of the thunderhead:
his toy gun
from Fresh Scent (Brooks Books, 1998)
hunting season
i read the inscription
inside my wedding band
lonely road
a policeman listens
as i recite the alphabethunting season
i lower my shotgun
to watch the pheasants
by dagosan
smells like Thanksgiving —
two dads smoke cigars
behind the garage
[Nov. 20, 2005]
“BombFuseN”
November 20, 2005
possession with intent to repair
May 29, 2005
all punditry is local (today, anyway)
unofficial start
of summer —
parkas huddled ’round the grilldagosan [May 29, 2005]
potluck
shoeless in schenectady: Our curmudgeonly columnist Carl Strock, admits he was quite surprised this week. You see, the U.S. Justice Department has decided not to prosecute two ex-Schenectady cops for violating the civil rights of David Sampson in July, 1999. Strock asks: “How could anyone in his right mind conclude that what the cops did was not a violation of someone’s civil rights?” (Sunday Gazette [Schenectady, NY], “Ex-cops get weird break from feds,” May 29, 2005, B1, $ubscr., but see reprint at Reply 3, and related articles, at the Schenectady Info website).
spring breeze–
three ride the same horse
home
………………………………………….. by Kobayashi ISSA, translated by D. G. Lanoue
Srock may have a point:
- The police officers — Richard Barnett and Michael Siler, who are white — “picked up this guy they knew to be a shady character, David Sampson, who wasn’t doing anything illegal at the time, drove him eight miles out of the city to rural Rector Road in Glenville, at night, and dumped him there shoeless to fend for himself.” Sampson, who is black, says they also roughed him up and tossed his Timberland boots into the woods.
- In a deposition, Barnett has admitted taking Sampson that night to the secluded road, but denied the “roughing up.” Barnett and other local cops also admitted that police officers practiced a “relocation policy” of leaving perceived troublemakers outside the city limits, with the approval of SPD management. (see Albany [NY] Times Union, Claim against ex-cops rejected, May 26, 2005; and SchdyInfo.com)
Don’t think badly of Schenectady, though. Its former Corporation Counsel Michael Brockbank told WTEN news (May 26, 2005) he believes what the officers did was not the best thing, but it was not done arbitrarily. Brockbank noted that the two officers, after an investigation sparked by Sampson’s allegations in 1999, were convicted of drug-related offenses. “It clearly shows the type of officers they were, willing to take a cowboy action and that caught up with them.” Thus, according to WTEN, “Brockbank said neither the federal investigation, nor the convictions, should lead people to believe the police department targeted certain communities.”
don’t cry, geese!
from now on
I’m a traveler too
……………………….. by Kobayashi ISSA, translated by D.G. Lanoune
tolerant in schenectady?: Last Monday, May 23, the traditional invocation prayer before the City Council’s public meeting was given by a Muslim Iman, Faisal Ahmad. When the Iman then started asking the Council for help getting visas for Afghanis, a member of the public stood up and said “There’s a war going on. It’s in very bad taste. We have veterans here and we’re listening to his prayer. Shame on us all!” Now, I disagree that a Muslim prayer is less appropriate than that of other religion’s, if there is any prayer at all at Council Meetings (I vote “no prayers.”) Still, I am taken aback by what happened in reaction to the outburst:
Four days later, more than a dozen religious leaders held a press event in City Hall, with the mayor and other City officials participating. They read and passed out A Statement of Concern and Witness urging citizens to celebrate and practice diversity and to practice tolerance. The text of the Statement begins by saying it is in response to the citizen’s words at the Council Meeting — naming and quoting her and saying they “have concern” for her. This seems a bit of an over-reaction to one person’s stating an opinion — and seems very likely to deter the expression of any but the “correct” opinions at Council meetings. (Daily Gazette, “Religious leaders call for tolerance,” May 28, 2005, $$, but see SchdyInfo reprints, including Reply 1; and Capital News9, “Meeting of religious leaders,”
May 27, 2005). Note:
- The rebuked citizen is Karin Maioriello, who has a son in the military serving overseas. She stands by her words: “I object . . .because it was Memorial Day and I think it was in bad taste.”
- No member of the Muslim faith attended the press conference, although Iman Ahmad sent a statement, which was read.
Little Italy Gateway [original image here]
Chutzpah in Little Italy: I forgot to report that I attended the official dedication last Saturday, May 21, 2005, of the Little Italy “Gateway” on N. Jay Street in Schenectady. My skepticism over local efforts to create a Little Italy where none was apparent was covered here at f/k/a in March – schmittle Italy. Nonetheless, I wanted to see if there’s been any progress — beyond the new $900,000 “streetscape” [sidwalks, bricks] and gateway monument. The politicians at the dedication thanked a lot of people and talked about our “tourist attraction,” but I saw nothing to brag about, even after walking both sides of the entire one-block Italian heritage district. It still has lots of boarded up windows [with unpainted plywood] and not one building that anyone I can think of would call charming. After five years of planning and effort, Schenectady’s Little Italy continues to consist of one restaurant (lured there with a large development finance package), one bakery, and one tiny spumoni/sandwich shop.
- It’s gonna get worse: Civitello’s Spumoni Shoppe is about to move from the so-caled Little Italy to a more “high-profile location” outside of Schenectady. A co-owner says, “Nothing’s changed, except the sidewalks are beautiful.” (“Sch’dy, Troy promote Little Italy districts to renew inner city life,” Albany BizJournal, Dec. 10, 2004).
- Also, there’s the problem that the City of Troy has a real Little Italy (see Little Italy Troy.com), comprising an entire intact neighborhood, with resaturants, specialty shops, Italian markets, bocce courts, and great architecture nearby. It is only 14 miles away. Not to mention New York City down the road.
- You know, the traditional Italian alphabet has no “j”. What we think of as the “j” sound is made with the letters “gi” — a “soft g” as in your Editor’s surname. I’m not sure if it is dimly ironic or brilliantly coincidental, therefore, that our Schenectady Little Italy is located on “No. Jay St.”
Not Mi Familia: Given my belief that most urban economic development is a sad display of poor planning and a misuse of public funds, please nota bene that, to the very best of my knowledge, I am not related to this Giacalone, who was accused this month of stealing $1.1 million in business development loans from downtrodden Flint, Michigan.
I need to give Schenectady lawyer Michael Braccini a call, to see if having a bus for a law office is working out for him. I saw the bus for the first time yesterday, in the parking lot of the Domino’s Pizza shop on Broadway. The bus is painted blue and white. The message “Law Office of Michael Braccini” is painted near the top of the bus. At the door, it reads “Legal Advice,” “Enter Here,” and “No appoinment necessary.” Elsewhere, you’re told “Any Question, Any Time,” and numerous practice areas are listed: Bankruptcy, DWI, Misdemeanors and Felonies, Personal Injury” and more. The phone number on the bus is no longer in service. In the telephone book, Braccini’s address is identical to the pizza shop’s address. Maybe there’s also an office in the small building — midnight on a Saturday night was not a good time to investigate. There must be a good story here, and I hope to give you more details soon.
plum blooming–
muddy straw sandals
and a sake cup
cloudburst–
hanging over the village
that doesn’t pray
ISSA, translated by David G. Lanoue
.. 
May 27, 2005
yu chang: all poetics are local
When it comes to crafting excellent haiku, all poetics are local. No one knows that better than Yu Chang, whose work demonstrates the in-person, in-the-moment, concreteness that is the essence of fine haiku.
Another kind of “localness” was especially serendipitous for me: last year, I learned that the Yu Chang whose haiku I ‘ve been admiring for years spends much of his time less than a mile from my home, as a professor of electrical engineering at Union College. He and I share Schenectady, New York, as our adopted City.
It was also inspiring to learn that Yu — like myself — started writing haiku in his 50’s. Unlike myself, however, he was winning international haiku contests within a year of penning his first haiku. Maybe Yu’s haiku muse will make a detour to my neighborhood once in a while, and help me learn, from his example, the art and craft of the haijin.
Everyone who knows Yu comments on his sense of humor and his modesty. Both can be seen in his haiku (where he allows the reader to take his place experiencing the haiku moment) and in his frequent expressions of gratitude for the generosity and encouragement of his friends at the online Shiki Internet Haiku Salon.
Yu’s haiku have won numerous awards, and his poetry appears in the journals and anthologies to which all English-language haiku poets aspire: Acorn, Frogpond, Hermitage, Modern Haiku, The Heron’s Nest, and Tundra. At present, he is active as a founding member of the Route 9 Haiku Group, which publishes the biannual journal, Upstate Dim Sum. The Route 9ers are Yu, Hilary Tann, and our honored guests John Stevenson and Tom Clausen.
You can learn much more about Yu Chang as a haiku poet in an AHAPoetry profile, written in 2001. I’m sure Yu will groan when he sees this sentence, but I agree with the Profile’s author, Ty Hadman, that “Yu Chang is one of the poets currently writing haiku that are not only being appreciated today but will also be added to that treasure chest of haiku classics in English to be preserved for future generations.”
Choosing introductory haiku from Yu’s entire body of work is too difficult, so I will limit the
source today to the first collection that I found of his work, which was in A New Resonance:
Emerging Voices in English-Language Haiku (Ed. by Jim Kacian and Dee Evetts, Red
Moon Press, 1999):
warm rain
the spring moon returns
to the rusty can
starry night–
biting into a melon
full of seeds
parting her pink robe
–daybreak
pebbled beach–
how carefully she chooses
her words
Yu Chang, from A New Resonance (1999).
“warm rain” first appeared in Frogpond XXI:1
“pebbled beach” first appeared in Acorn 2
“starry night” won a Museum of Haiku Literature Award 1998
I’m honored and pleased to have Yu Chang as an Honored Guest. You can count on his visiting f/k/a often. Click for the yu chang archive page.
Follow-up (December 2009): The first collection of Yu Chang’s poems has finally been published. See “seeds: haiku by Yu Chang” (Redmoon Press, 2009, 72 pages)
March 15, 2005
versaci’s so-called lawsuit dismissed
the lawyer
represents himself —
a widow’s raised fist
dagosan, March 15, 2005
As promised yesterday, I have more details on the dismissal of versaci v. richie. Today’s
Schenectady NY Gazette has an article “Defamation lawsuit dismissed,” [scroll to Reply #44]
describing the aborted trial in Schenectady County’s Supreme Court, where Romolo Versaci
(a lawyer since 1945) represented himself, as did defendant Diane Richie, who Versaci
accused of defamation, for calling him a “so-called lawyer” on a local online message board.
About 10 minutes into the hearing, Acting Supreme Court Judge Felix Catena read from a
prepared opinion:“This court finds as a matter of law the statement [“so-called lawyer”] constitutes
rhetorical opinion . . . rather than fact. The complaint is therefore dismissed.”
The article states that “Richie clenched her fists in the air in a sign of victory and relef,”
her daughter, Rylan, by her side.” Versaci appeared stunned and was not allowed to be heard
on the issue.This warms my heart, for a number of reasons. Besides quashing what I consider a nuisance suit,
the case features a pro se litigant beating a veteran lawyer, while fighting city hall (or at least a
City Councilman). As Gazette reporter Michael DeMasi explains:“The ruling brought to a close the final chapter in what has been a fierce dispute
that began in 2003 when Ritchie hired Simon’s Rock Historical Restoration to
renovate her house. Richie sued, claiming the company headed by City Councilman
Peter Della Ratta did shoddy or incomplete work on the roofs and other sections
of her house.”Della Ratta initially hired Versaci to represent him in small claims court and Richie’s remark at
the website about Versaci was made after an appearance there. As the Gazette points out:“Monday’s ruling gives Richie her third legal victory. Last November, the vice
president of Della Ratta Enterprises, Michael Della Ratta, pleaded guilty to two
housing code violations related to the work done on Richie’s house and agreed to
a $2000 fine.“Last week, City Court Judge Guide A. Loyola awarded Richie $776 to compensate
her for work that wasn’t finished.Versaci says he’ll appeal Judge Catena’s ruling. Yesterday, he was heard saying “a lawyer’s
worst enemy is another lawyer.”
his butt cooled
by the spring breeze
roof thatcher
autumn wind–
a cock-a-doodling rooster
on the roof
roof of the house–
sown by the birds
wildflowers
ISSA, translated by David G. Lanoue
March 8, 2005
blame bar counsel for letting Capoccia harm clients
The federal fraud trial against disbarred and disgraced attorney Andrew Capoccia started today,
March 8, 2005,in Brattleboro, VT. (see WNYT.com, Albany, NY, “Capoccia’s federal fraud trial begins: Accused of stealing millions from clients”) Capoccia is charged with massive fraud — for allegedly
cheating his debt-reduction clients of $23 million and then conspiring to hide the booty and his other
assets. His partners have already pled guilty. (Rutland Herald, “Fraud case reveals ‘deal with the devil‘“,
Feb. 10, 2005; Vt. AG press release)
update: March 9, 2005: see Albany Times Union, “At trial, lawyer seen as predator or protector“; Bennington Banner, “Sinnott to take stand in former partner’s fraud trial.”
Whatever the outcome of the criminal trial, I believe that the Capoccia Scandal — the enormous harm that lawyers perpetrated on their clients — could have been prevented if bar counsel had done their duty in 1997 and 1998, when Capoccia’s debt-reduction business was launched and spread across New York State. Instead of acting, they found excuse after excuse for not even investigating, leaving many thousands of clients to the wiles of Andrew Capoccia and his law partners.
– read the rest of this story here —
you look too
robber! dewdrops
in the grass
the mountain moon
gives the blossom thief
light
crying its cry
in vain…
the stepchild sparrowall haiku translated by David G. Lanoue
February 28, 2005
schmittle italy
“If you name it (and spruce up a little), they will come.”
…………………………. metroplexicus
Little Italy, Schenectady, NY [original image here]
I‘m sure there are some Schenectadians who think my musings about the local Metroplex Development Authority (as in the post local schmocal) manifest a certain lack of civic trust and hope. So, I thought I’d show my ethnic pride and tell you a little bit about our Little Italy — “La Piccola Italia” — which is one long block called North Jay Street, about half a mile from my home. (Click for Metroplex’s Little Italy General Project Plan.)
- North Jay Street was once the home of a thriving Italian immigrant population. The children of those immigrants long ago joined the Brain Drain out of Schenectady County, or have moved to the City’s suburbs. A handful of the original immigrants may, along with their devoted offspring, survive on the block. However, I have never seen any signs of life at the remaining half dozen residences.
- Two years ago, the first prong in the Metroplex plan to “support an Italian heritage neighborhood” came to fruition, when Cornell’s Restaurant moved its venerable and successful operation from another section of Schenectady to North Jay Street, thanks to almost $500,000 in Metroplex aid.
- One beloved Jay Street bakery went out of business a few years ago.
- The image shown above is the newly completed Little Italy streetscape, crowned by imposing entryway columns, and financed with a $750,000 Metroplex grant.
- You can find a number of articles about our Little Italy here.
There are no other projects planned yet for Little Italy. Having told you about all there is to know about Metroplex’s Little Italy Project to date, I have two True or False questions for you:
- After moving one restaurant to North Jay Street, Little Italy now boasts the following “Italian heritage” enterprises: One restaurant; one bakery; one spumoni shop.
- The other business addresses on North Jay Street include: two auto body shops, one boarded-up former strip club (previously a boarded-up Fire Station); one funeral home; one empty, former gay bar; and, at the far corner, a biker bar (called the Saw Mill; no Vespas in sight).
Bonus question: True or False: The owners of the spumoni shop are trying to sell their business and building but may be asking too much money (hey, this is Little Italy!).
p.s. You, too, should feel proud, as your federal tax dollars are also helping to develop our Italian-heritage neighborhood. (Which reminds me of that great “walk-a proud!” joke about Joe DiMaggio.) Think hard and find the answers below.
Answers (you peeked!!). 1) True; 2) True; Bonus: True
Inspired yet? Our local newspaper had some suggestions for Metroplex in a recent editorial (Daily Gazette, “City needs to be aggressive in creating Little Italy,” Feb. 12, 2005, reprinted here at #4)
- If you happen to be in the region — checking out, for instance, the lovely Little Italy 20 miles away in Troy, NY, come on over to Schenectady’s La Piccola Italia.
- update (May 29, 2005): scroll down the page to read about Chutzpah in Little Italy.
by dagosan:
mom serves
grandma’s recipes —
Christmas Eve calamari……………………………. [Dec. 24, 2004]
under nana’s afghan –
dreaming homemade
bread and meatballs…………………………………. [Nov 30, 2004]
January 8, 2005
dui cherry cordials
one-breath(alyzer) pundit We don’t often make national news here in the NYS Capital Region, but when we do, it often seems to involve various addictions, vices, and/or ditzy judges. One local criminal law story this week fits neatly in that rubric.
You see, Martha Hamlin of Averill Park, NY, is out on bail pending appeal of her one-year sentence for a DWI conviction (related to an accident in which her auto struck and killed a 17-year old boy). One condition of her bail is that she may not have any alcohol. She is checked six times a day, over the telephone, using a Sobrietor. As CapitalNews9 reported on Jan. 6th, “But at 8 a.m. on Dec. 26, her blood alcohol level checked in at .06.” Hamlin contends that her consumption was unintentional, because she ate a box of chocolate-covered cherries she had received as a Christmas present, which contained liquor. According to the Troy Record:
“After rising at 6 a.m. she consumed the entire box of cherries, along with several cups of flavored coffee, before the 8 a.m. reading, Hamlin said. By the time she spoke with [Probation Officer] Powell, her fiance had burned the package along with other Christmas trash, but a similar box notes chocolate liqueur as an ingredient, Hamlin says.”Apparently, still in the holiday spirit, Judge Anthony Carpinella chose to believe Hamlin, finding that the DA had not proven she had been drinking. As you might imagine, the District Attorney’s office disagrees [“to the point where you’re at .062, you’ve got to be eating a lot of chocolate.”], as does the victim’s mother [“Have you ever eaten that much chocolate and not thrown up? I mean, it’s ridiculous.”]. Hamlin’s victorious lawyer Charles J. Wilcox said: “I’m convinced that my client is telling the truth, and I think it’s unfortunate. But it’s perfectly human for someone to ingest candy.”
Local media engaged in some heavy investigative reporting on this issue: The Troy Record found out from the owner of a candy store that “that chocolate liqueurs can make up five percent of the candy’s weight, and that they are subject to the same regulation as beer or hard liquor. ‘The chocolate cherries are alcohol filled, and you have to be 21 to buy them. Some customers who have eaten many of these candies at a sitting tell her they feel the effects of alcohol, she said’.” More on point regarding the merits of the “cherry cordial defense,” John McLoughlin, the Falstaffian reporter for the local ABC affiliate, WTEN, decided to do his own testing:
“After buying three pounds of chocolate-covered cherries soaked in brandy, two WTEN employees agreed to eat nearly two pounds of the brandied cherries during a two hour period. “The women were then taken to the Albany Police Department’s Traffic Division where Officer William Wilson checked their sobriety. Both women registered zero readings for alcohol. “In Martha Hamlin’s case, she said she ate the candy for two hours that morning, the judge said two pounds of candy might equal four shot glasses of alcohol. Hamlin’s blood alcohol reading was .06, which is nearly three-quarters the legal limit for DWI.”
Personally, I’ve never liked cordial cherries very much. The last time I ate a boxful in one sitting, they gave me a stomach ache and a slightly dizzy feeling.
all night
under the cherry blossoms
nagging………………………………… from Issa, translated by David G. Lanoue
Backyard Butchering Update: Last week, we explained that Schenectady, NY, major Brian U. Stratton wants to ban backyard butchering of livestock. Indeed, Corporation Counsel had noted that the ban would need to cover hunters in order not to be discriminatory (some citizens believe the ban is aimed at East Indian immigrants from British Guyana; see the NYT article on Schenectady’s Guyanese Strategy). Well, it looks like the deer-hunter lobby is too strong locally, as Mayor Stratton has announced that Butcher Bill to exempt game (Albany Times Union, Jan. 7, 2005). The public hearing on the proposal will be held Monday, Jan. 10, at City Hall.
growing old–
even the cherry blossoms
a bit annoyinghe’s a mountain
cherry blossom-crazed
old mana hot bath
a prayer
then cherry blossoms!world of pain–
and the cherry blossoms
add to it!…………………………………….. from Issa, translated by David G. Lanoue
frozen river —
snow hides
the elm’s reflection
…………………… by dagosan
December 11, 2004
The Musty Money Mob — Skoog v. Casadei
update (March 25, 2008) See “getting his musty money back” [which includes a Dec. 2009 follow-up detailing the federal prosecution of Michael Cassadei for mortgage fraud; also see the update at the end of this posting].
update (Dec. 29, 2007): Like a musty odor in the basement, this saga continues to haunt our judicial system. See “Trial set in case of cash in the wall” (Daily Gazette, by Steven Cook, Dec. 29, 2007).
An article that appeared today in my hometown Schenectady, NY, newspaper, is a ready-made, multi-subject law exam question for students, professors or lawyers wanting to show off their issue-spotting skills. It’s a tale that leads one to ask: “Is there intelligent life in this once prosperous home of Thomas Edison, GE, and legal giants?” (Daily Gazette, “$200K in cash found in wall has 3 claimants: Smelly money later buried in Tupperware,” by Stephen Cook, Dec. 11, 2004, p. A1, A8)
You decide, while spotting issues of law, equity, ethics, etc. Here’s an outline of the facts (according to the newspaper account):
In October, 2003, home owner (and landlord, entrepeneur) Michael Casadei wanted a better security system for his residence, in the City’s Historic Stockade District. He gave the job to a man who called himself Kevin Graham, although “Graham” (who was later identified as Kevin Skoog) “could provide no references or other credentials” and said he had just arrived in town from North Carolina and “was down on his luck.”
As Skoog worked in the Casadei basement, “he came across some loose bricks, behind which he found a bag,” that Skoog recalls contained “stacks and stacks of hundred dollar bills” that smelled old and looked old.
Skoog says Casadei told him the house had once been the home of Marvin Friedman, who died more than a decade ago, and who was the “founder and former owner of the venerable Van Dyck Restaurant” [and jazz club, which the MacDonald family reopened in June 2009], which is located next to the residence. Skoog insists Casadei confided that Friedman might have hidden money in the house.
Skoog concluded the money wasn’t Casadei’s, he told authorities, and decided it was his to take. According to the Gazette, because Casadei had only owned the house for four months, Skoog’s attorney Paul M. Callahan “questioned how the cash could get so smelly and musty in such a short period of time.”
Skoog is also quoted as feeling “blessed,” and “promptly went on a spending spree, buying a new motorcycle, a used SUV, another car, rings and other items.” Schenectady County Sheriff Harry Buffardi notes “He was spending like a drunken sailor.”
Casadei immediately realized the money was missing and, rather than contacting the police, hired a private investigator, who learned “Graham”‘s real identity. There was an outstanding warrant for Skoog in Monroe County, NY, for felony weapons possession (for which Skoog has since served one year). Casadei went to the Sheriff and gave him information that turned out to be correct as to the amount of money and who had it. Skoog was arrested, turned over about $20,000 hidden under a carpet in his apartment, and took the authorities to a tree in a nearby woods, where he had buried over $100,000 in $100 bills in Tupperware.
Casadei offered not to press charges if the money were returned, but Skoog claimed ownership and was charged with one count of second-degree criminal possession of stolen property, a felony. However, Skoog was not indicted within the required six months, and charges were dropped.
Buffardi, “with a total of $130,000 in smelly, musty $100 bills sitting around, deposited the money in the bank by summer” of 2004. Wanting his money back, Casadei sued in the local Supreme [trial] Court. “Apparently without a clear accounting of the bills, Friedman’s heirs and Skoog filed their own claims on the cash.”
As of Friday, Dec. 10, 2004, neither Sheriff Buffardi nor attorneys for the three parties believed that photographs of the bills existed.
But photos were discovered Friday afternoon as Buffardi went through the criminal file with a reporter.
“Thirteen stacks of cash are visible in the evidence photo. Twelve of them are topped with large, offset portraits of Benjamin Franklin, meaning that these ‘Benjamins’ were produced no earlier than 1996.
Counsel for the Friedman heirs, Albany attorney Harlan Harrison, expressed surprise when hearing about the existence of a photograph of the money, saying “If that’s true, that would be important.” He declined to discuss the implications.
Skoog’s attorney, Callahan, said the photo doesn’t explain who put the cash there or where it’s been since 1996. Callahan points to a case from the 1960s, where a plumber found $5000 behind a toilet in a home in Buffalo, NY, and the money was awarded to the plumber, not the homeowner.
Casadei’s attorney, Adam G. Parisi, says that case doesn’t apply and the photo negates the other claims to his client’s money, although a final resolution could take as long as a year. Casadei states that people “that don’t have any scruples . . . want to try and steal my money.”
The Gazette article notes:
The money, the 49-year-old Casadei said, is proceeds from his real estate work. It was there because of his aversion to banks, he said. He has since changed that practice.
Schenectady County District Attorney Robert Carney said, Friday night, that questions about ownership of the money would have made for a difficult prosecution of Skoog. “It was muddled to say the least,” he added.
Sheriff Buffardi sums up “The whole thing is unusual, very unusual,” adding “It was a very difficult case to work. … The funny thing is, nobody’s happy about it.” A couple more points, in passing:
- The Gazette article makes no mention of the state or federal Internal Revenue Service.
- The Editor of this website lived on said block in the Stockade, near the Mohawk River, for more than a decade, and can attest that (1) parking is terrible, and (2) the basements in the homes on Union Street, many of which are well over 150 years old, are very damp and musty.
follow-up (Dec. 15, 2009): The Albany Times Union reports today, in an article headlined “Bank fraud counts filed: Owner of appraisal company allegedly had role in mortgage fraud” (Dec. 15, 2009, by Paul Nelson) that:
The owner of a Capital Region appraisal company facing federal bank fraud charges for his alleged role in a mortgage fraud and property-flipping scheme that authorities say reaped more than $200,000 over a three-year period says the accusations against him are a “mystery.”
The defendant in that indictment is said to be “Michael Cassadei.” He certainly seems to be the same person as the Michael Casadei described above. (For example, when suing the County for return of his money, he spelled his named “Cassadei.” The AAA Allstate Appraisal firm is listed in an online directory as being located at 241 Union Street, the site of the Musty Money Caper. Also, both “Michael F. Casadei” and “Michael F. Cassadei” are listed as being from Schenectady and Saratoga County, and 53 years of age, by the online people-search firm Intellus.) The U.S. Attorney alleges that “the illegal business dealings lasted from December 1998 to January 2001. The money stashed in the wall of Casadei’s Stockade house was over $200k and went missing in 2004. (Also see the Schenectady Gazette article “Businessman indicted on fraud charges,” by Kathy Bowen, Dec. 15, 2009.) For more Cassadei perfidy: See the 2005 decision of New York’s 3rd Dept. Appellate Division captioned Cassadei v. Nationwide Mutual Insurance (decided August 11, 2005, Dkt. 97628), which we describe in some detail in our post “getting his musty money back.”
Mortgage Scam Update: Mr. Cassadei/Casadei was sentenced to 27 months in federal prison on Wednesday, Dec. 29, 2010. The judge used the sentencing guidelines in place at the time of the crime, not the current, harsher guidelines for white-collar crimes. Casadei’s lawyer, Donald Kinsella, argued that he has turned his life around with a home-heating fuel coop that helps people, and should merely get house arrest. See “Prison in mortgage scam,” Albany Times Union, Dec. 29, 2010). According to the Schenectady Gazette, on the courthouse steps his ex-girlfriend opined “He has no morals and he has no regrets.” (“Galway man gains fed term for bank scam,” Dec. 30, 2010; subscription required).
how delightful–
my damp, sweaty
travel robe
looking now
with greedy eyes
bare winter trees
small talk
in the cellar
spring rain
….. by Kobayashi ISSA, translated by David G. Lanoue
August 29, 2004
so-called defamation?
breathless pundit
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Romolo Versaci , an elderly Schenectady (NY) lawyer, has filed a $100,000 defamation suit
against Diane C. Richie, an unemployed social worker and widow with two children.
Versaci claims — and Richie admits — that she called him a “so-called attorney” on a
SchenectadyNY.info message board. [read the rest of this story here]
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Romolo Versaci , an elderly Schenectady (NY) lawyer, has filed a $100,000 defamation suit
what would Kobayashi Issa think of all this?
on the day of departure, too
she leads…
the widow goose
accusing the pine
of foolishness…
evening mist
translated by David G. Lanoue
Update (Aug. 30, 2004): At Notes from the (Legal) Underground, straight-shooter Evan Schaffer has weighed in, with a rather telling headline: “But Make No Mistake: The So-Called Attorney Is a Real-Life, Lawsuit-Wielding, Good-for-Nothing Bully (IMHO),” and a raft of Comments.
Update (Aug. 31, 2004): Overlawyer.com’s overlord, Walter Olson posts on His So-Called Reputation. And,
- On Sunday, Federalist #84, of the Crime & Federalism weblog, entered the fray, with a post entitled, Why Don’t You Sue Me, Tough Guy . In addition to agreeing to accept process at his L.A. law office, Fed. 84 says, “Way to carry the torch, Versaci. Way to highlight for all the United States that lawyers are good people, not sharks.”
- Albany, NY, appellate lawyer, Matthew Lerner covers this tale at his weblog, New York Civil Law. Thanks back at ya, Matthew.
- And Kevin Heller mentions it, and our understandilbly indescribable website, at The Blawg Channel.
May 12, 2004
Seniority vs. Meritocracy vs. Nepotism
As I mentioned yesterday, the notion of time and careers has been on my mind. The issue was triggered last Wednesday, as I sat in Session #2 of my Civilian Police Academy course at the Schenectady Police Department headquarters (first discussed at this weblog here).
Our emcee, Sgt. Patrick W. Morris, was lecturing about School Resource Officers (SROs), who are funded by the federal COPS in Schools Program, and are expected to fulfill a triple role in their assigned school — enforcing the law, counseling, and teaching. I was thinking, “doing that job well would take a special personality,” and I asked how the officers were selected for the program. To my amazement, I was told that all jobs held by patrol officers were filled based on seniority — you bid on the job, and the officer with the longest time in grade would be selected. The SRO positions were very popular (for one reason, because they were Monday through Friday, day shift).
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Unlike tv cop shows, you get to be a detective solely by seniority at the SPD. Similarly, after promotion to a sergeant or lieutenant (which does take an exam), positions for those officers are chosen by seniority bid.
Even the head and staff of the internal affairs section (the Professional Standards Office) and the Department’s Field Training Officers (FTOs) are chosen by seniority. As I learned upon doing some research back at home, this concerned the Department of Justice in its recent investigation of Schenectady’s Police Department, because officers with some spotty histories and lack of experienced have ended up in sensitive positions within the SPD. Thus, the DOJ Report states:
“The PSO has no staff eligibility criteria. Because all positions in the SPD have historically been assigned by seniority, the PSO Lieutenant position has served as a right of passage for a sergeant moving to the rank of lieutenant, as it is generally the first and only available lieutenant position for an officer newly promoted from the rank of sergeant. The PSO Lieutenant typically transfers out of the position as soon as another lieutenant position is available. In addition, the new PSO Lieutenant generally comes from a position of sergeant in the patrol division and, therefore, may have no investigatory experience or training. The SPD does not provide pre-service or in-service investigative training for PSO officers.”
“The SPD should develop specific criteria for the selection of [Field Training Officers] from the ranks of qualified personnel. The FTO criteria should reflect a candidate’s experience, disciplinary record, and interpersonal skills consistent with the coach/mentor function of an FTO. During our October tour, we were encouraged to learn that the command staff and the PBA are negotiating the removal ofthe FTO positions from the strict seniority requirement of the current Collective Bargaining Agreement.”
[Editor’s Note: I don’t believe the recommendations have been successfully implemented, due to the difficulties inherent in collective bargaining with a politically important union. Enough said.]
Now, my dad was a mail carrier for the USPO, so I knew about bidding on a job, but I shuddered to think about seniority being the tool used to fill positions that take a high degree of skill, discretion, quick thinking, etc. Prior to law school, I worked at a federal job where the least productive people had been there the longest. While at the FTC as an attorney, it seemed clear that the percentage of deadwood on a staff was positively correlated with their time at the agency — although that could have been related to an improvement in the pool of incoming lawyers. (The idea of unionized attorneys scared me silly.) In my experience, local civil service systems based on seniority also seem to lead, to be diplomatic, to mediocrity. Caring about public schools, I’ve also watched with interest over the years, the debate over seniority vs. meritocracy for school teachers (as covered, e.g., by Spartacus).
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Sgt. Morris also informed the class that no performance evaluations take place in the SPD — no annual evals! When pressed (by me, of course), he noted that no one wanted to put negative stuff down on paper (for one reason, because it’s too easy to get sued). It appears that the SPD is, however, now working with General Electric experts (we have a few left in town from its heyday as corporate headquarters) to create a performance evaluation tool We shall see.
In yabutesque style, I voiced concern over seniority as a selection device during the Academy class last week. Sgt. Morris basicaly replied: Would you rather have people selected based on who they know or are related to? By which party they’ve worked for or donated to? My first reaction was skepticism, but then I thought about how little I trusted the politicos and bureaucrats in this region to fill positions based on merit, and I had to pause. If you can’t trust that meritocracy will be implemented in good faith and with some precision, is it still preferable to seniority or nepotism? I certainly don’t know, but your responses would be appreciated. Life sure is complicated.
-pyj-pyj-pyj-pyj-
Hey, we’re missing our Fool in the Forest this week. Enough with that insurance stuff, George, the world needs more foolery.
May 3, 2004
scandal-ridden cops more popular than lawyers
Talk about an incompetent defense (and guilt by association). Last week, Your Editor ended up being the only lawyer in a group of 20 adults. As soon as I was identified as a retired attorney among this cross-section of citizens from my small, poor rustbelt city, the lawyer barbs started, and I was frequently expected, for the next three hours, to (1) take upon myself the sins of the profession or (2) defend it. Me!
More to the point, it was very clear that these very average citizens disliked and distrusted lawyers instinctively and deeply, while liking, trusting and defending our small, but chronically scandal-plagued Police Department.
Let me put this in context: On Wednesday evening, I attended the first of 9 three-hour sessions of the Civilian Policy Academy, sponsored by the Schenectady (NY) Police Department. I applied to attend, because the opportunity to learn what the police department does, and why and how they do it. seemed intriguing (and, okay, I was futiley hoping to meet some single, midde-aged women).
- I headed off to the Police Academy pondering the changes in attitudes of my generation (like most, I presume) throughout our lifetime to the police: From being a little tike in awe of the nice beat cop, to becoming a little wary as a teen, and a lot wary — if not downright hostile — as a Vietnam War protestor; to thereafter becoming a homeowner-taxpayer wanting a quick response time to complaints, and a driver avoiding speed traps, and finally aging into an adult pleased to having a noticeable police presence around town and in the neighborhood.
Most thinking, responsible adults realize the important and tough job that our police officers must fulfill. Unless you’re a member of a group that is or feels consistently abused by police, or you’re a criminal, the existence of police departments seems to be a good thing. That’s true, even though — as with lawyers — many people only have direct interactions with police in times of crisis, including instances where they are being accused. Therefore, we have to wonder why police get the benefit of the doubt and lawyers do not.
Making the contrast between feelings toward cops and lawyers particularly suprising in Schenectady, however, is that it’s Police Department has constantly embarrassed and enraged its citizenry over the past decade, despite having only abut 170 officers. [Scroll down the NYS Defenders’ Association Police Misconduct Page.] For example:
- drunken cops throwing eggs at passing motorists (and the Chief refusing to release the names of the culprits);
- a barrage of complaints that led to a major civil rights investigation by the Justice Department;
- promoting officers who had been found liable for beating a man back in 1989, dragging him naked from his house in the middle of winter, and leaving him naked and bleeding in a cell at the police station. (New York Law Journal, Jury Awards $1.7 to a Woman Abused by an Officer, 04-05-02)
- a jury finding that SPD is “deliberately indifferent to the need to properly supervise its police officers,” and has “an unconstitutional practice or custom of its officers using excessive force during arrests” in a case where an off duty officer arrested and beat a young woman, who rebuffed an offer he made to her in a tavern. (NYLJ, Jury Awards $1.7)
- Officers convicted of various forms of corruption, including dispensing heroin to informants.
- [update: For more Schenectady cop follies, see “Officer Johnson’s undercover operation” and linked materials.]
In a near-bankrupt City of 60,000, the cost alone in damages paid and lawyer fees should have made the public very angry at the Schenectady Police Department. Instead, the press and lawyers were skewered by the citizens in last week’s CPA session, and the police praised. I have no solutions or pithy explanations. As has been suggested here often, the legal profession needs to take this problem seriously. It’s not just a public relations problem. If Your Editor survives at the Civilian Police Academy, you’ll be the first to hear any insights gained.
February 22, 2004
Driving with the Wrong Kind of Hot Chocolate
Last week, my municipal police force finally decided to enforce the NYS ban on hand-held cellphone use while driving; and it made national news! As Reuters/msnbc.com reported on Feb. 20th, Andre Gainey was arrested for watching the porn movie “Chocolate Foam” while driving his Mercedes Benz in Schenectady, New York. This sudden incentive for law enforcement will not surprise anyone familiar with the recent history of the Schenectady Police Department, whose members seem inordinately interested in strip joints, lap dancing and similar but tawdrier pursuits (especially in their off hours).
Check out the MSNBC report for more fun details of the arrest. (Civic pride forces me to correct one error: Schenectady is a City, not a Town). Myself, I’m sipping regular-old, healthy hot cocoa, and hoping there will soon be a cellphone crackdown on the soccer moms and college students who endanger my life daily on the roads of this poor little burg.
- See ‘“MADD: Mothers Against Dirty Driving?”‘ from Stark County Law Library Blawg
- Update 04-05-04): The Times-Picayune reports today that “Porn in autos may see ‘The End'”. A Louisiana lawmaker has introduced a bill that “would make it illegal to show sexually explicit movies in vehicles, moving or parked, within 1,000 feet of the view of others. ”