Report Issued on Response by State Police and Onondaga DA to Assault Allegations

NEW YORK, NY (04/17/2007)(readMedia)-- The State of New York Commission of Investigation today released a report: "An Investigation Into the Response By the New York State Police and Onondaga County District Attorney's Office to Sexual Assault Allegations Against Several New York State Troopers."

The Commission, in response to a complaint referred by the Governor's Office, reviewed the response of the New York State Police Internal Affairs Bureau and the Onondaga County District Attorney's Office to allegations by two women that New York State Troopers sexually assaulted them in September 2005. The State Police and District Attorney's Office concluded that the evidence was insufficient to warrant criminal prosecution.

The Commission found that the majority of the allegations against Internal Affairs and the DA's Office were unsupported by credible evidence and that the Internal Affairs investigation of these cases was comprehensive, with investigators vigilant in their efforts to gather facts and evidence. Furthermore, the Commission found ample evidence to support the DA's decision not to prosecute, and that the DA's Office did not abuse its discretion in declining to prosecute these cases.

However, the Commission did find that an Internal Affairs officer advising one of the women to provide false information to her physician was improper. While the Commission did not find that the officer acted with malice, the ramifications of advising a victim to be anything but truthful with her physician regarding the nature of her alleged assault-related injuries could have been severe had this case been prosecuted.

Additionally, the Commission reviewed extensive email communications between members of law enforcement and the complainants and/or their representatives regarding the investigative progress of the case. While this practice does not constitute misconduct, the Commission finds that extensive email communication between criminal investigators and civilians about the investigative progress of a case should be discouraged.

During the course of its investigation, the Commission learned of certain PBA and State Police practices that are problematic. As a result, the Commission recommends that the PBA cease its practice of providing alcohol to troopers assigned to State Fair duty.

"Allegations of sexual assault committed by law enforcement officers are serious and require an unbiased and thorough investigation. The Commission found that the State Police conducted a comprehensive investigation into these charges," Commission Chairman Alfred D. Lerner said.

"The Commission also determined, after our careful and full investigation, that the Onondaga District Attorney's Office acted within their appropriate discretion in deciding not to prosecute these cases," Lerner said.

Based on its findings, the Commission made the following recommendations:

-- The State Police should reinforce its training to ensure that investigators are cognizant of the nuances associated with the highly sensitive nature of sex crimes investigations.

-- The State Police should implement an investigator-civilian email communication protocol that sets guidelines for the release of information relating to an investigation.

-- The State Police should increase supervision of State trooper conduct at the State Fair to ensure that troopers act in accordance with State Police policy and uphold the high standards of the State Police while both on-duty and off-duty.

Below is a copy of the Executive Summary of the report. A copy of the full report can be found on the Commission's website (www.sic.state.ny.us), or by going to the link: http://www.sic.state.ny.us/Docs/Public%20Reports/pdf/Hoffman%20Report. PDF .

-0-

EXECUTIVE SUMMARY

In response to a complaint referred by the Governor's Office, the New York State Commission of Investigation reviewed the response of the New York State Police Internal Affairs Bureau and the Onondaga County District Attorney's Office to allegations by two women that New York State Troopers sexually assaulted them in September 2005. No arrests were made, nor was any prosecutorial action taken against the accused Troopers, as the State Police and District Attorney's Office concluded that the evidence was insufficient to warrant criminal prosecution.

The complainants alleged that the State Police and District Attorney's Office engaged in misconduct by failing to pursue criminal prosecutions. Specifically, their main allegations were that:

-- The State Police did not perform certain forensic tests;

-- A State Police investigator advised one complainant to provide false information to her doctor;

-- The State Police failed to provide information about the investigation of these cases to the complainants;

-- A prosecutor from the District Attorney's Office threatened the complainants;

-- The District Attorney's Office improperly denied the complainants' Freedom of Information Law request; and,

-- The District Attorney's Office improperly declined to prosecute this case.

As part of its investigation, the Commission interviewed several people, including the complainants, their spouses, their attorney, the parent of one complainant, members of the State Police Internal Affairs Bureau, and members of the Onondaga County District Attorney's Office. Additionally, the Commission reviewed voluminous documentation provided by the complainants, the State Police, and the District Attorney's Office, and consulted with independent sources.

While the Commission found that the majority of the allegations were not supported by credible evidence, one particular investigative error could have negatively impacted a subsequent prosecution. Specifically, the Commission found that an Internal Affairs investigator improperly suggested that one of the alleged complainants provide false information to her physician about the nature of her alleged sexual assault-related injuries. Additionally, this report highlights other issues uncovered during the investigation that should be addressed, including excessive email communication between State Police investigators and civilians regarding the investigative progress of the case, and inappropriate conduct on the part of some State troopers assigned to State Fair duty.

Based on its findings, the Commission recommends that the following remedial measures be taken:

-- The State Police should reinforce its training to ensure that investigators are cognizant of the nuances associated with the highly sensitive nature of sex crimes investigations.

-- The State Police should implement an investigator-civilian email communication protocol that sets guidelines for the release of information relating to an investigation.

-- The State Police should increase supervision of State trooper conduct

at the State Fair to ensure that troopers act in accordance with State Police policy and uphold the high standards of the State Police while both on-duty and off-duty.

-30-