Police Corruption : Called Up Troop T this Morning

I talked to Sgt. Miserendino about my 2nd IA complaint about how the second ticket the 1120b was harrassement for filing the first IA complaint. Sgt. Miserendino was present in court the night I was there probably in the course of his investigation and heard everything said. While on the stand Trooper Salatel admitted that 1: He lied on the ticket about what I said (thats perjury) 2: That Salatel stated he could not judge my speed while driving behind me after citing all his troop qualifications to do so and heard me bring up the radar and Salatel just shrugged and 3: That Salatel said he was in pursuit with no Turret Lights or Siren on in violation of police policy. 4: That the ticket was like the first and thereby a violation of my right against double jeapordy. Sgt. Miserendino denies he heard any of this and that none of it would be forewarded on his report. When I get a copy of the actual recording of the court hearing I will post it here for you all to listen to. When I say thats the Sgt. I talked to that was Sgt. Miserendino I pointed to.

Major Beach was moved a few days ago after IA finally looked at this blog. I was told that I can not know his whereabouts and so I am pushed onto another poor cop who had nothing to do with this. Seriously I feel bad for these guys that are being forced to get involved but I can only hope that one has Honor and a sense of duty and does the right thing. If not onto the list and the blog.

I once again called the DA and refiled the complaint as he is not returning my calls. Obviously maybe he is getting a little side knooky from the ADA and does not want to penalize her for any wrong doing. Well guess what, thats your damn job don't like it quit.

Police Corruption : For those of you

For those of you who feel that police corruption is a serious issue i quote these following texts:

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.--Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government." - Declaration of Independence.

"Section 9
No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State."- Constitution

http://dictionary.reference.com/browse/Nobility

"Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."- Bill of Rights.

The history of the present New York State Police is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these People. To prove this, let Facts be submitted to a candid world.

(I would ask that anyone who has a Grievance to display here to please email it to me to add)

1. That in the course of their duties, State Police often substantially violate vehicle and traffic laws without just cause and in violation of police policy and cause the motorists of this great state to fear for their lives and saftey constantly.

2. That with the power vested them they have abused that power consistently in a manner inappropriate their rank and station. Cases of evidentiary proof as follows:

a. State held responsible for injuries suffered by man falsely arrested in 1998 by state police. New York Law Journal September 26, 2005.

b. Lawsuit filed against state trooper who killed woman during a drug investigation in brooklyn. New York Post November 12 2003.

c.Ruling raps records policy as court questions longstanding State police Policy. Albany Times Union August 19 2007.

d. Fourth State trooper charged with Faking Evidence. Albany Times Union May 7 1993.

e. State Police probed by FBI drug trafficking, illegal gun sales other misconduct. Albany Times April 11 1994.

f. 1997 Trooper of the Year pleads guilty to bribery. The New York Times May 25 1999.

g. Disciplined Trooper gets bumped up to supervisor. Albany Times June 24 1997.

h. Ex trooper gets year for misconduct. Albany Times Jan 13 1993.

i. Officer demoted in Agenda arrest. Albany Times Union Jan 8 200.

j. Suspended trooper guilty of robbery. Albany Times Union Oct 22 1992.

k.Troopers sue bosses for misconduct. The Buffalo News June 24 1997.

l. Two ex state troopers charged with assualt. Lexington Herald Leader August 22 2007.

m. Trooper charged with stealing drugs. New York Times June 22 2007.

3. That the courts have bestowed upon them a title of nobility as assuming that the term officer grants that any words spoken from them are factual evidence when accordingly the united states constitution prohibits such titling. This creates an undo bias in our court systems and deprives the people of Due Process rights.

4. That in the course of their duties, Internal Affairs does not do their jobs properly in an attempt to hide facts and protect officers from being punished for violations of policy and laws. And that IA does not bestow a copy of that report to the civilian involved who should be bestowed a copy to promote fairness and equality in government.

5. That the Superintendant, as a public officer has a fudiciary resposability to the people, and in so shirking these duties has only acted as an accessory to the corrupt system of government that now lays before us.

6. That the people are held in a state of fear that the police will retaliate for filings of good faith complaints to the proper people for just cause.

We the People ask for redress. We ask our Government to investigate this situation and rectify it or to suffer the consequences of their actions as we the people tire of such inappropriate behavior by officials. The Government is For the People of the People, by the People.

I would ask for anyone who believes this to fill out: http://www.lawcollective.org/downloads/Misconduct%20Report.pdf

And Fax it to Govenor Spitzers Office attatching the Preeceding blog to it. The Fax # is 5184741513

then send a copy to Preston Feltons office at 5184857505 leaving your name off of it unsigned. I would suggest you do this from a public Fax service if you fear retaliation.

Police Corruption : The First Day of the Rest of my Life

I start today with going to my daughters award cerimony. She's just like her dad. I cant be any prouder.

After her cerimony, I am driving up to protest in front of the State Police Headquarters. Maybe I will get arrested I dunno. But bad things wont change if you sit on your butt and wait for it. The call to action is now. Tyrany was ended in the 1700's and having it back is like spitting on the sacrifices made by the people for this system of government through the years. Maybe just maybe it will take me geting sick and dying out there for someone to notice I was telling the truth and things will change, or maybe the people of New York might see me on tv or in the paper and say Gosh ya that dudes right? Its not just about me any more but the greater good, and i do it for victoria so when she is my age that things will be better. A father can only hope and pray so.

Update: Because of the weather Victoria's award cerimony was postponed again. I went up to protest in front of Felton's Office. I was not dressed for the part as I had icicles hanging off of me after an hour and my eyes were frozen shut. Though I am thankful as I met a good cop...the kind I'm saying we need more of. He got in an accident with a college kid right infront of me and they did everything they could to help the kid out. They didn't throw blame on the kid and they didn't issue any stupid god damn tickets to cover up the fact of the officers ineptness like Salatel did. This cop is the kind of cop that inspires civilians not makes them abhore the system. A final note to this is there is a ying and a yang to everything. But the yang is getting bigger and more predominate in society then the ying. we have to have a balance or there will be chaos.

Things need to change.

Police Corruption : Some of My older blogs on these issues

Here is a link to some of my older blogs and info on these issues.

http://www.thoughts.com/stopvotingforstupidpeople

http://www.nyc.gov/html/ccpc/html/home/home.shtml

http://www.nyc.gov/html/ccpc/html/home/home.shtml

http://www.usdoj.gov/crt/split/documents/polmis.htm

http://www.drugwarfacts.org/corrupt.htm

http://www.wiu.edu/library/govpubs/guides/policem.htm

http://www.killpolice.com/blog/category/police-corruption/

http://www.iejs.com/Policing/police_corruption.htm

http://en.wikipedia.org/wiki/Police_corruption

http://www.goodbadcorrupt.com/

http://michaelbluejay.com/police/

http://policewatch.us/system/list.php?c=new_york

http://www.cyberessays.com/Politics/141.htm

http://hyperreal.org/misconduct/

Police Corruption : The Call (IAB)

So I called Feltons office as there was no response to my call earlier and they transfered me down to a nice officer who then redirected my call to captain perez. Captain Perez said that he had no time for my foolish detective skills like miami vice...a show i can't stand :P and said he thought I was a joke because I threatened to kill police officers.

I never threatened a police officer. I am a mentally disabled vet with a record. Obviously legally I cant obtain a fire arm. When I was 6 I was saved by a state trooper when I was in a car accident and my mom died so I have alot of respect for the honorable ones. This gross accusation was slanderous and defimating and i not only find it insulting but as an excuse for Captain Perez to not do his assigned duties in IAB.

Why I feel IAB isn't doing their damn job? Well if you scroll to the one titled Follow Ups you will note the Mitchell case. In the Mitchell case it clearly states the police regulations for pursuit. Officer Salatel himself said he was in pursuit under oath in court. He stated he did not have any lights on at all or siren for that matter all in violation of these police regulations. So even if he didn't strike the vehicle how is he not in violation of police policy. IAB has lost their minds and Felton is just too lazy to police up his own personel when he needs to get off his fat donut eating rear end and do his job. When I was in the Army i did my job 125%. I was up mostly from 4am to 2 am working in the office in an E7 slot when i was only a Spec 4. My job, I was a 92bravo, a personel security specialist. An investigative position to ascertain clearences. Sortof like IAB. Now that I am retired from the Army, why as a taxpayer am I having to do IAB's job when I sure as heck dont get paid for it. While talking to Perez he said IAB isn't like CSI on tv they just make up stuff as they go. God thats absolute genious. Has anyone ever heard of that thing called evidence. It amazes me that the Supreme Court of New York thinks that Opinions Gossip and Bias mean nothing in the courts but IAB thinks its a gold platted butt nugget for their investigation. Well all I can say is, Get a clue scooby doo!

Its this kind of gross behavior that lessens public confidence in the law and the police and puts great discredit upon not only Captain Perez but the department as a whole.

Police and Government Corruption : Follow Up

Last Night and this morning I have made follow ups in regards to the situation.

First I touched bases with the FBI again about the filed complaint who originally told me that they thought there was an issue and took down all the info but yesterday morning the agent I spoke to told me that they don't go after corrupt police unless there are numerous corrupt police. You have to love our system. Maybe I should become an FBI agent I could sit at a desk and be lazy too and get paid good money. I could do stand up comedy in the office about some of the crazy callers the office got as my agency specialty. "So how about that caller, boy was he agitated. Makes you wonder if he's on meds...reminds me of my ex wife badudum" Then I told the agent that I use skype as my phone service and the call was being recorded and his story totally changed and he said mail the paperwork to the office and the evidence. I plan on it.

This morning I called the Superintendants office and gave them this blog address so they can see with their own eyes that there is indeed marks on the car that fit the pattern as outlined by direct testimony in court by the trooper in question. I stated that both Baker and Brown covered up the fact and never relayed that info to their superiors that those marks are indeed truly there.

I called up the Schenectady County DA's office to file a complaint against the ADA for violating Professional Responsabilities as outlined by the New York State Bar.

And I called an Attorney who wants the case but says it will cost me some money. If the fee for the fine is 150 max plus court costs how much can it really cost me? The fee for the ticket total as I am told will be $500 and $1500 if i decide to sue for the damages. I don't want to sue the State, if i did i would have already filed it. Im not trying to punish the State for ones mans actions thats not what I am about. I am trying to point out that this State needs to start holding its public officials accountable and hold them to a more exemplory set of higher standards of morals and ethics. Act with the concious regard to all the lives you will be affecting and not just one group's or even one individual's.

Later I have to take and get a copy of Mitchelle v the State and Fax it to the court. Mitchelle v the State clearly states thats the Department of the State Police do indeed have regulations in regards to hot pursuit and those regulations include turret lights and a siren.

in the matter of Wallace P Mitchell v The State of New York it states that The State Police Field Manual requires troopers who undertake pursuit to "use all emergency lights and the siren" *art 30-B-2 [d] [1].

fromBeth Wurtmann <BWurtmann@wnyt.com>toJoseph Oathout <jdoathout@gmail.com>,
dateDec 11, 2007 1:22 PMsubjectRE: State Trooper hit car now covering upmailed-bywnyt.com
hide details Dec 11 (4 days ago) Reply

received!Thank you I will send it to News staff.bw

From: Joseph Oathout [mailto:jdoathout@gmail.com] Posted At: Tuesday, December 11, 2007 1:03 PMPosted To: News TipsConversation: State Trooper hit car now covering upSubject: State Trooper hit car now covering up
- Show quoted text -
On August 2nd 2007 at around 8:20 pm Officer JC Salatel struck my aunts vehicle which I was driving, after running through a u-turn without turning sirens, turret lights, or even a blinker. He struck the rear quarter panel of my aunts car and left a rubber smear from the cattle bumper at two different hieghts. He then fishtailed behind the vehicle I was driving and left two rubber marks on the rear bumper the same distance apart as the cattle bumpers on the officers crown vic. I filed an IA complaint and have talked to numerous officers who seem to either be grossly incompitent or are covering up the facts. Officer Salatel violated vehicle and traffic law substantially without cuase and caused me to fear for the life and safety of the children and myself. His actions have caused my 8 year old daughter to be deathly affraid of police. This kind of behavior should not be tolerated. I called up IA who took my statement and then altered it to say that the vehicle was never struck but followed. Then I was told that the investigators never looked at the car. Then the investigators looked at the rubber on the car with their eyes and never chemically tested it to match. I dont want to do this for myself. I want to do this for my daughter. It is baffaling that the State Police all the way to Preston Feltons office need to engage in this kind of secretive behavior to an issue that I see as simply send the officer to driving classes and make him re read policy on hot pursuit. Joseph Oathout Disabled Veteran 5189432871

thank you... you have been a good crowd...another show will be in a half an hour. Ladies and Gentlemen Elvis has left the building.

Oh and By the way I would say that this blog is guarded under my first amendment right to free speech. Muchas Gracies Amigos.

Police and Government Corruption : Court Night

So I went into court, and boy did I feel special. There was roughly 20 police officers there just to tackle me should I make one wrong step. 20... I believe thats a new personal record.

The Motion to dismiss was denied. I argued that the motion was valid and pointed ot the case and the statuate and Justice Van Woert told me that she didnt see it in the motion. I then pointed out to her that it was located on page 2 of the motion but she told me to shut up in legal terms. In the Matter of the People v Bailey and the People v Deming the courts have held that the people must plead and prove the absence of the exceptions that permit travelling in the left hand lane. During the trial I brought up the exceptions but was told that I could not question or quote them as it was irrelevant to the case. and these negated exceptions must so be stated on the Information charging the defendant as out lined by CPL 100.15 people v Krathaus.

To start the ADA never furnished me, the defendant, with the requested documentation through a subpeona Duces Tecum for information that would lead to mitigation and extenuation, such as the accident report to IA. If you look at the Mitchell v the State case, you will note that it is police policy for the Officer to do certain things in pursuit. As all government agencies have Legal Departments, I would assume that since the ADA never presented me with this evidence she was in direct Violation of the Professional Standards set by the New York State Bar Association. DR7-103 which clearly states that a public prosecutor in litigation shall make timely disclosure to the defendant who has no counsel of the existence of evidence, known to the prosecutor or OTHER government lawyer, that tends to negate the guilt of the accused, mitigate to the degree of the offense or reduce punishment.

The trial started with Officer Salatel's testimony. He said he had over 40 hours of V&T Law training and training for detecting speeds of vehicles and those were certified qualifications. After this he stated that he ran through the u-turn without any signs outwardly he was doing so and says he slowed down to let me pass him and then he pulled out. Originally he was after a speeder. He stated that he was stuck behind my vehicle traveling 65 yet he could not appraise my speed with all his training.

Durring Cross by me, officer Salatel stated that he did not strike the car. He stated that the cattle guards on the police vehicle are made of rubber and described what kind of mark they would make on the metal of a car (which matches the pattern on the points of inpact on the car see photos). He stated that he was doing 65 behind me, right be hind me, but i was travelling slower than that. He stated that he was not acting in emergency operation at the time. He stated as well that he knowingly and intentionally made a false statement on the supporting deposition under penalty of perjury. He stated there is a sign at mile marker so and so for the slower traffic keep right but is not acurate according to the records of the thruway authority. The issue of perjury in regards to character was brought up numerous times to Justice Van Woert who said officer salatel is not on trial and his perjury is not an issue for the court where i disagree. Tried to question Officer Salatel about the two exemptions that are alotted in this case for driving in the left hand lane but was told that only 1120b could be discussed and not 1120 as a whole since that is the true title of the offense and b is a paragraph in it. I was told that I could not question the witness in regards to 1181 which is New York state law in regards to defining a slow moving vehicle and 1180 which notes the criteria for maximum speed limits in the state of New York. I was told all of these laws are irrelevant. I asked officer Salatel that since the original ticket and the secondary ticket are both basically the same charge isn't it a violation of my right against double jeapordy and was told to shut up by the judge again in legal terms. I felt this was unfair because as I pointed out to the judge the reason why the other ticket was dismissed was because the charge was never stated on it with a degree of certainty and never told to me by anyone with certainty as to keep me safe from double jeapordy and by his direct testimony in that court at that time admitted that he was charging me in violation of my right against double jeapordy. The judge and the ADA said that I should be a mind reader and had been able to ascertain with all degree of certainty the charges were similair and filed a pre trial motion based on a phone call to Ms. Dion Warrwick and her Psychic friends hotline...5 dollars for the first motion 2.99 for each additional motion there after. I went to submitt evidence of the damage to the car for mitigation and extenuation and was originally told that it would be allowed and then told that so evidence would not without some documentation. I told Justice Van Woert that I had the mechanics report for the damage to the police car as well as my car, that I had scrappings and photos that all reasonably lead to the conclusion that indeed the car was struck and that the officer was committing perjury. All of this was dismissed. I questioned the officer about his speed and stated that I had a conversation I recorded with officer salatel's supervisor where he stated I was doing 65 and officer salatel was speeding. The Judge said she wanted it as evidence but when I was leaving told me she didnt want any of my evidence at all.

I then sat down and told the court that they are making a mockery of the law, the court, and me and that I refused to ask any more questions as it would be pointless.

I then testified to the events truely and was cross examined by the ADA.

Upon closing Statements I itterated that an 1120b is not all that much and to have fought it like i was was just unfathomable unless truely the officer did strike my vehicle. I stated that the court was treating the law as a buffet and they should not be.in any court of law, all laws are applicable, not just the ones that the ADA and the police chose are. New York State Law is the law of the State and every law in those books is reasonable in the use of a defense.

I want to point out that under the law a defendant has a right to provide a reasonable alternative as a defense and prove that alternative with evidence as to prove reasonable doubt.

I was not afforded this opportunity and to be perfectly honest I feel that the ADA and the Justice involved both used my inability to judge social circumstances as a normal rational thinking defendant against me in the matter before the court in an attempt to prjudice justice.

She has decided to take the time to decide and file it in the mail but I know with all certainty because of the innapropriate court behavior that happened that I will be found guilty. And so hopefully I will be able to appeal as high as I must.

Police Corruption : The Buffoons Cover Up

On August 2nd 2007 at around 8:20 pm Officer JC Salatel struck my aunts vehicle which I was driving, after running through a u-turn without turning sirens, turret lights, or even a blinker. He struck the rear quarter panel of my aunts car and left a rubber smear from the cattle bumper at two different hieghts. He then fishtailed behind the vehicle I was driving and left two rubber marks on the rear bumper the same distance apart as the cattle bumpers on the officers crown vic. As an inteligent albiet an emotionally unstable but intelligent man, I pose the question how did the rubber smears get on the side of the vehicle and the rear. The only possible conclusion was that the vehicle was on both the side and the rear. Possibly a pattern caused from running through a u-turn without paying attention and then being right on the bumper of the vehicle afterwards. Well, only a police vehicle has rubber cattlegards and has the right to drive through a u-turn under certain conditions. Seriously is it that hard to connect the dots? I filed an IA complaint and have talked to numerous officers who seem to either be grossly incompitent or are covering up the facts. Officer Salatel violated vehicle and traffic law substantially without cuase and caused me to fear for the life and safety of the children and myself. His actions have caused my 8 year old daughter to be deathly affraid of police. This kind of behavior should not be tolerated. I called up IA who took my statement and then altered it to say that the vehicle was never struck but followed. Then I was told that the investigators never looked at the car. Then the investigators looked at the rubber on the car with their eyes and never chemically tested it to match. I dont want to do this for myself. I want to do this for my daughter. It is baffaling that the State Police all the way to Preston Feltons office need to engage in this kind of secretive behavior to an issue that I see as simply send the officer to driving classes and make him re read policy on hot pursuit.

What one should note is that the damage to the vehicle are rubber smears, not plastic smudges. Because rubber is a polymer made through covailaint bonding, its chemical composition is unstable and easily suceptable to bond with other matterials. If you look at the pictures you will note that the cattle gards are made of rubber, not the cheap hard plastic that all dealerships will tell you bumpers are made out of. You will also note the gummy substance on the car. Looks familiar right? Take a pencil eraser stick a lighter under it for a few seconds the rub it on the back of a street sign and viola Mr Wizard you have just emulated how frictional force heats up rubber and causes it to react against a metal surface. So my question is, since there are 28 known different chemical compositions to creat rubber, why does the state police refuse to have the rubber on the car tested against the rubber on the cattle bumper? Does the state have something to hide? And if the State does not have something to hide than why was I never given a copy of my statement to IA for the accident? I was given a copy of the statement for harrassement.

Why cover it up. It seems small and petty but this extends to the Superintendant Himself. I just dont get it. I callled up the Superintendant Multiple times and have been directed to IAB. IAB has threatened to incarcerate me for filing the IA complaint about the accident under the grounds of stating I am harrassing them. They have ignored me, lied to me, made up escusses to me and acted with general disregard to the matter. Harrassement is defined and characterized as not with a legitamate purpose. As one can see from the photos its pretty damn legitimate. Feltons office gave me a number to fax documents to him. I tried faxing the documents but the office gave me the number to the Department of taxation. That number is 518 485 7507. I called up Feltons office and told them the mix up but they maintain thats the number. They havent even tried calling it to verify what I said is true.

If you live in New York and you have been victimized by an officer, I would suggest you file a complaint to the govenor's office quoting article 13 of the New York State Constitution. One voice wont get far for reform, and thats what we need, reform. I would suggest that as many voices who can to speak up. We are of the people, for the people, by the people, lets make sure it is enforced that way.

To listen to the conversations just right click and download an open with your media player.

http://www.geocities.com/edgarallen5hotmailcom/IA.mp3

You will note I was not going to slow it was because I was in Trooper Salatels Lane. Also Take note of Major Beaches Description of the rubber cattle Gards and how they would hit the car. Fyi i have a picture of the paint just with the lighting it is dificult to tell but it is darker than the car. I need to invest in another camera. I want to point out that the state police have pictures of the car as well and should have photos of the same things I noted.