CapitalNews9.com

Friday, November 20, 2009   47º F

Updated 09/05/2008 05:19 PM

Three Schenectady officers indicted for official misconduct

By: Kaitlyn Ross

SCHENECTADY, N.Y. -- Three Schenectady police officers have been indicted by a grand jury on official misconduct charges for their actions during an arrest in December.

Schenectady PBA President Bob Hamilton said, "I've never seen anything like this before, and quite frankly, it's unconscionable."

Schenectady cops shielded their own as officers Andrew Karaskiewicz, Gregory Hafensteiner and Eric Reyell are all now suspended without pay after being arraigned on official misconduct charges. Karaskiewicz, Hafensteiner and Reyell pleaded not guilty to failure to complete or file a report after use of force in an arrest. Reyell also pleaded not guilty to failure to turn on the police vehicle video camera during the arrest and transport of the suspect.

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Hamilton said, "We had three officers charged with a ridiculous crime. There's never been a precedent in this state before where an officer has been charged with official misconduct for not filling out a departmental form."

In the initial complaint, Donald Randolph claimed five officers beat and stomped him during an arrest in December 2007. His lawsuit alleges he suffered bruises to his head and face and a wrist injury after he was pulled over for drunk driving.

Hamilton said, "There was no brutality, which, all you had to do is take one look at him. He said five officers beat him several times and he didn't have a mark on him."

Before the officers walked into court, they knew they could've been indicted on charges of assault. And even though now it's only the lesser charge, the police department says they're still not satisfied.

Defense Attorney Stephen Coffey said, "He's not happy about it. He's gotta stand in front of the community, and he's now been branded a criminal, and he's got to defend this."

While the other two officers involved in the incident were never charged, the three who were indicted could face up to a year in jail if they're found guilty, though none of their lawyers expect the case to actually make it to trial.

Defense Attorney Cheryl Coleman said, "It's our contention that even as they're written, the actions that our clients are alleged to have committed do not constitute the crimes of official misconduct."

While the attorneys in the case say they will file a motion for dismissal, the city is now conducting its own investigation into the behavior of all five officers that night.