TALK RADIO 1300 on June 28, 2016 at 1:08 pm:
Inspector General Catherine Leahy Scott tells us “As a government employee Mr. Ned not only violated the public trust, he misled his own agency to cover up another person’s criminal activity.”
But did he really mislead his own agency?
Somehow, I doubt that, actually.
I don’t doubt that he did cover up another person’s criminal activity.
I just doubt that he did so without the knowledge of his superiors in Rensselaer County government, because covering up the criminal activity of “protected persons” in Rensselaer County is expected of Rensselaer County employees.
I know, because I was a county employee, and that was made a “condition” of my employment with the Rensselaer County Department of Health.
As a result of that “condition” being placed on me, on October 11, 1988, I sent a memo to then-Rensselaer County Executive John L. “Smiling Jack” Buono wherein I told him that as the Director of the Environmental Health Division, it was my responsibility to certify on behalf of Rensselaer County the integrity of the Code Enforcement Programs to the State of New York for the purpose of payment of our State operating funds, and I had reached a juncture where such certification by myself was no longer feasible, as my certification of those operations was as a licensed professional.
In that memo, I told Buono that my conduct was governed in large part by Part 29 of the Codes of the Education Department which sets forth the actions deemed to constitute unprofessional conduct on the part of licensed individuals.
I specifically told him that Section 29.1(b)(6) defines unprofessional conduct as “willfully making or filing a false report, or failing to file a report required by law or by the Education Department, or willfully impeding or obstructing such filing, or inducing another person to do so.”
That was in direct reference to the “condition” being imposed on me by Buono himself, through then-Rensselaer County Public Health Director Kenneth Van Praag.
As a result of my refusal to make and file false reports with the State Health Department for Buono and to cover up criminal activity, including that of Van Praag himself, and then-NYS Senator Joe Bruno, on October 13, 1988, Van Praag sent a letter to Dr. Ian T. Loudon, M.D., the Regional Health Director of the New York State Department of Health, wherein he informed Dr. Loudon that as of October 13, 1988, I had been placed on a paid leave of absence status for thirty working days.
According to a U.S. DEPARTMENT OF JUSTICE – FEDERAL BUREAU OF INVESTIGATION report dated June 30, 1989, found at pages 202,203 of the Jimino Bible Rensselaer County Executive Kathleen Jimino submitted to the federal Second Circuit Court of Appeals in New York City in justification of her own efforts as County Executive to cover up the criminal activity of “protected persons” in Rensselaer County, the following “events” occurred leading up to my October 11, 1988 refusal to make and file false reports for Buono and my subsequent removal from office because of that refusal:
On October 6, 1988, “an Ad Hoc Engineering Committee” held a closed door meeting in the Rensselaer County Office Building which started at approximately 4:00 p.m. and which was the result, according to Plante, of a “deal” between [DELETED BY F.B.I. CENSORS] and the Rensselaer County Developer’s Organization.
In Plante’s view, the purpose of this “Ad Hoc Engineering Committee meeting” was to tell Plante how to do business in the Health Department, or else he “would not do business”.
According to Plante, he was instructed as to how business was done in Rensselaer County in 1983 and was further instructed to abide by agreements made in 1983 wherein, Plante understood, Health Department officials certified projects in return for contributions to various politicians.
******
Shortly thereafter, Plante was placed on thirty days sick leave and the Rensselaer County Executive went on local television announcing that Plante was suffering from stress related to his service in Viet Nam.
Plante was replaced, in the Health Department, by one Claude Rounds who, according to Plante, immediately certified many of the projects which Plante had refused to certify because in Plante’s view they were uncertifiable.
Plante stated that he was told by Rensselaer County Public Health Director Kenneth Van Praag on October 12, 1988 that he, (Plante) had “upset some of the most powerful men in Rensselaer County” and that Van Praag could no longer “protect” Plante.
end quotes
Getting back to Van Praag’s October 13, 1988 letter to Dr. Loudon, the key sentence with regard to this thread on “holding those who violate the public trust accountable for their actions,” was as follows: “Although there are other options available for dealing with this issue, I have hopes that the least painful and most humanitarian approach has been initially taken.”
With respect to the “least painful and most humanitarian approach” having initially been taken by Rensselaer County with respect to my refusal to file false reports for John L. “Smiling Jack” Buono and my refusal to cover up criminal activity for him, in my sworn and unrefuted testimony in New York State Worker’s Compensation Court on May 4, 1992 where Rensselaer County was represented by legal counsel, and where I was to prevail, I testified as follows with respect to what has become for me a long night of terror:
THE JUDGE: What exactly happened then?
PLANTE: I was called in off sick leave and I was told that I would be sick when the County wanted me to be sick and not — at 4:45 p.m. on October 12th (1988), Ken Van Praag called me down to his office.
He told me, Paul, you have upset some of the most powerful men in Rensselaer County.
I can no longer protect you.
You can’t work here any longer.
You had better go home, get your family and just go away for awhile because you are going to find Rensselaer County is going to be a very uncomfortable place for you to stay.
end quotes
In 1989, I was given that same advice by an FBI special agent – “you better just leave here, because you will never be safe, and politically, you are radioactive, so nobody is going to protect you.”
On December 29th of 1989, as the FBI special agent had predicted, I was the victim of a hit-and-run vehicular assault by a politically-connected enforcer goon in the Town of Poestenkill in Rensselaer County, for which I was arrested and charged by the state police with attacking the hit-and-run driver’s vehicle with my body, and I was harassed through the courts of Rensselaer County by the Office of the Rensselaer County District Attorney for the next two years, until finally, I was able to get the Office of the Rensselaer County District Attorney pinned down in Rensselaer County Court where they couldn’t squirm free before Judge M. Andrew Dwyer.
What follows is the transcript of the dialogue in Rensselaer County Court on November 30, 1992, between Judge Dwyer and the Office of the Rensselaer County District Attorney concerning those false charges lodged against me by the NYSP and the Office of the Rensselaer County District Attorney to cover up the criminal activities of the politically-protected hit-and-run driver:
ADA: I have no position, other than to say, the Court, in its previous position, left me without any recourse other than to not oppose a Motion to Dismiss, in my opinion!
JUDGE: That is your position?
ADA: That is my position!
JUDGE: Then you consent to the dismissal?
ADA: I do, Judge, based upon the fact that the Court, in its previous Decision, left me with an untenable position at trial!
JUDGE: How closely did you read the decision?
ADA: Very!
JUDGE: The District Attorney consented?
ADA: It was the Court’s opinion at trial that there was other evidence out there, and I can affirm that there is not other evidence on which to base a prosecution and the court ruled the evidence that was presented insufficient.
JUDGE: And you take the position that you have no further evidence, at all?
ADA: No further evidence, Judge!
JUDGE: Then it is dismissed!
end quote
No evidence against me, and the hit-and-run driver went free!
So much for the Office of the Rensselaer County District Attorney holding those who violate the public trust accountable for their actions.
Paul Plante, NYSPE
http://www.talk1300report.com/2016/06/f ... ment-15879
THE TALK-1300 REPORT
Re: THE TALK-1300 REPORT
TALK RADIO 1300 on June 29, 2016 at 11:50 am:
With respect to a former investigator at the Rensselaer County Department of Social Services pleading guilty to covering up information about the fact a friend was illegally getting benefits, and rather than conduct an impartial investigation into the allegations, the former investigator fabricated witness interviews that never took place to make it appear the allegations were meritless and closed the case, and the statement of New York State Inspector General Catherine Leahy Scott telling us the former investigator pleaded guilty to official misconduct, a misdemeanor, saying “As a government employee Mr. Ned not only violated the public trust, he misled his own agency to cover up another person’s criminal activity,” it is interesting to note that back in 1989, when then-Rensselaer County Executive John L. “Smiling Jack” Buono wanted to violate the public trust and mislead the public to cover up information about endemic corruption in his Rensselaer County Department of Health, who he turned to, to get a politically-reliable lackey or lickspittle who would conduct a bogus “investigation” into the allegations, said bogus “investigation” featuring fabricated witness testimony to make it appear the allegations of corruption were meritless, so the case could be closed, and the matter shoved back under the rug, was the very same Rensselaer County Department of Social Services.
For confirmation of that fact, all we need do is turn to an FBI MEMORANDUM to SAC Albany 2/24/89 Subject: ALLEGATIONS OF CORRUPTION IN RENSSELAER COUNTY GOVERNMENT RELATING TO LAND DEVELOPMENT, wherein was stated:
On 2/13/89, the writer (FBI Special Agent) attended a disciplinary hearing held in Conference Room B, Fifth Floor, Rensselaer County Office Building, relating to charges Rensselaer County has brought against Environmental Health Director PAUL PLANTE.
There were approximately 18 to 20 spectators in attendance at this hearing, including people who appeared to be interested, members of the general public, and others who were obviously from the press.
There appears to be a lot of public interest in this disciplinary hearing.
PHILIP LANCE is Rensselaer County’s Hearing Officer for this disciplinary hearing.
LANCE is Assistant Counsel to the county’s Department of Social Services.
end quotes
Buono called Lance his personal “eyes and ears” in the matter, as if Buono were totally unaware of his own prior actions in the matter according to a U.S. DEPARTMENT OF JUSTICE – FEDERAL BUREAU OF INVESTIGATION report dated June 30, 1989, found at pages 202,203 of the Jimino Bible Rensselaer County Executive Kathleen Jimino submitted to the federal Second Circuit Court of Appeals in New York City in justification of her own efforts as County Executive to cover up the criminal activity of “protected persons” in Rensselaer County, to wit:
On October 6, 1988, “an Ad Hoc Engineering Committee” held a closed door meeting in the Rensselaer County Office Building which started at approximately 4:00 p.m. and which was the result, according to Plante, of a “deal” between [DELETED BY F.B.I. CENSORS] and the Rensselaer County Developer’s Organization.
In Plante’s view, the purpose of this “Ad Hoc Engineering Committee meeting” was to tell Plante how to do business in the Health Department, or else he “would not do business”.
According to Plante, he was instructed as to how business was done in Rensselaer County in 1983 and was further instructed to abide by agreements made in 1983 wherein, Plante understood, Health Department officials certified projects in return for contributions to various politicians.
Shortly thereafter, Plante was placed on thirty days sick leave and the Rensselaer County Executive went on local television announcing that Plante was suffering from stress related to his service in Viet Nam.
end quotes
The story of those hearings where Buono had Lance as his “eyes and ears” was told in the Times Union article “Plante answers county charges” by Tim O’Brien, Staff Writer, 12 APRIL 1989, as follows:
TROY – Rensselaer County Environmental Health Director Paul R. Plante took the witness stand in his own defense Tuesday after county officials completed their case seeking his dismissal.
Plante said his suspension Oct. 12 came after he told county officials he was filing charges against his superior, Health Director Kenneth Van Praag, with the state Health Department.
Plante has charged that Van Praag and and previous county engineers failed to enforce health standards for water and sewage systems.
****
The engineer’s initial testimony focused on a memo written Oct. 11, 1988, to County Executive John L. Buono.
****
He (Plante) argued that the county had suffered from a pattern of violations of state health codes and needed a clear definition of authority, a mission statement for the environmental health division and a contract covering his duties and expectations.
“I was requesting a full program review by the state Health Department,” he said.
Van Praag, who is not an engineer, has vehemently denied Plante’s charges.
****
Plante contended Van Praag thought of his unit as a “service organization”, there to provide speedy approvals for developers.
After sending the Oct. 11 memo to Buono, Plante said he expected to withdraw his services from Rensselaer County, and a state Health Department investigation to be launched.
He said he told Deputy County Executive James Girzone of his plans.
“Mr. Girzone never gave me an inkling that anything would be done other than these charges would be taken seriously,” Plante said.
Instead, he said, he discovered through media reports that he was being suspended because county officials claimed he was “sick” and needed to seek counseling.
end quotes
With respect to that excellent cover-up which Assistant Counsel to the Rensselaer County Department of Social Services Philip Lance conducted for Buono, this key testimony of Buono’s lawyer, Rensselaer County Attorney Robert A. Smith, Esquire at law, was heard by Lance, the FBI and the local media on March 15, 1989, to wit:
MAYO: Could you please state your name for the record?
SMITH: Robert A. Smith.
MAYO: And do you currently hold a position with the County of Rensselaer?
SMITH: Yes. I do!
MAYO: What position is that?
SMITH: I’m County Attorney for Rensselaer County.
MAYO: And how long have you held that position, Mr. Smith?
SMITH: Since some time in September of 1984.
MAYO: Now, Mr. Smith, in your position as County Attorney, did there come a time in October 1988 when you were requested to attend a meeting with the County Executive?
SMITH: Yes.
MAYO: And did you in fact attend such a meeting?
SMITH: Yes! I did!
MAYO: And Mr. Smith, I show you County Exhibit 13 (October 11, 1988 memorandum from Plante to Buono wherein Plante told Buono Plante would not make or file false reports with the NYSHD for Buono), which is currently in evidence, and ask you if this memo was the subject of said meeting?
SMITH: YES!
This was the subject of that particular meeting.
MAYO: And as best you can recall, what did the discussion center around, Mr. Smith?
SMITH: Mr. Buono asked me to take a look at the memo and in fact provided me with a copy of it and asked me to read through it and also to give him my feelings about it, my impressions of the memo itself and what if any action I might think might be called for on the part of the county as a consequence of that particular memorandum.
MAYO: And did you in fact take an action as a result of that conversation?
SMITH: Yes!
I did!
It was essentially at the direction of the County executive based on our conversations I indicated to John Buono that I felt that some of the statements that were in the memo were fairly broad in scope and served to undermine the integrity of the Health Department and also to compromise the functions of the Health Department insofar as they were not in the context of the memo themself substantiated by any evidence.
end quotes
The offending statements in that memo which Smith was testifying about to Buono’s “eyes and ears” from the Rensselaer County Department of Social Services on March 15, 1989 following Smith’s previous meeting with Buono in October of 1988 where a decision was made to get rid of me by Buono and Smith using Lance as their tool, are as follows:
1) As the Director of the Environmental Health Division, it was my responsibility to certify on behalf of Rensselaer County the integrity of the Code Enforcement Programs to the State of New York for the purpose of payment of our State operating funds;
2) I had reached a juncture where such certification by myself was no longer feasible, as my certification of those operations was as a licensed professional;
3) My conduct as a New York State licensed professional engineer (NYSPE) was governed in large part by Part 29 of the Codes of the Education Department which sets forth the actions deemed to constitute unprofessional conduct on the part of licensed individuals;
4) Section 29.1(b)(6) defines unprofessional conduct as “willfully making or filing a false report, or failing to file a report required by law or by the Education Department, or willfully impeding or obstructing such filing, or inducing another person to do so.”
5) I wasn’t going to commit professional misconduct for Buono to cover-up alleged criminal activities in the Rensselaer County Department of Health, for which there was a plethora of evidence, not a dearth, as Smith falsely maintained in sworn testimony on March 15, 1989 before Lance, Buono’s “eyes and ears” in the matter.
end quotes
Since I wouldn’t make and file false reports for Buono to cover up alleged criminal activity in the Rensselaer County Department of Health, Buono got Assistant Counsel to the Rensselaer County Department of Social Services Philip Lance to do it for him, and an excellent job Lance did for him, in the process getting powerful Rensselaer County politician Joe Bruno off the hook for the misdemeanor charge of willful violation of the NYS Public Health Law.
Lance, I understand, has done quite well for himself since then, as is considered only fair in Rensselaer County politics in exchange for the services Lance rendered Buono in that cover-up back then, as Buono’s “eyes and ears,” two of which were blind and the other two deaf.
And none of that is a secret in Rensselaer County, to the contrary, that was an on-going media spectacle here in Rensselaer County for several weeks in early-1989, with the climax of the drama occurring before the TV cameras of all the local media back then, 6, 10 and 13, the scribes from the TU and Troy Record, and the watchful eye of the FBI, when Lance asked me if I would drop my charges against Ken Van Praag for violation of the provisions of the NYS Education Law regarding the practice of engineering in the State of New York, class “E” felonies, in exchange for Lance letting me come back to work, and I told him no, thus sealing my fate.
So no wonder this investigator from the Department of Social Services thought he could get away with essentially the same thing, except on a much more modest scale.
What really surprises me based on this Rensselaer County history is that he didn’t get away with it, not that he tried to.
Paul Plante, NYSPE
http://www.talk1300report.com/2016/06/f ... ment-15889
With respect to a former investigator at the Rensselaer County Department of Social Services pleading guilty to covering up information about the fact a friend was illegally getting benefits, and rather than conduct an impartial investigation into the allegations, the former investigator fabricated witness interviews that never took place to make it appear the allegations were meritless and closed the case, and the statement of New York State Inspector General Catherine Leahy Scott telling us the former investigator pleaded guilty to official misconduct, a misdemeanor, saying “As a government employee Mr. Ned not only violated the public trust, he misled his own agency to cover up another person’s criminal activity,” it is interesting to note that back in 1989, when then-Rensselaer County Executive John L. “Smiling Jack” Buono wanted to violate the public trust and mislead the public to cover up information about endemic corruption in his Rensselaer County Department of Health, who he turned to, to get a politically-reliable lackey or lickspittle who would conduct a bogus “investigation” into the allegations, said bogus “investigation” featuring fabricated witness testimony to make it appear the allegations of corruption were meritless, so the case could be closed, and the matter shoved back under the rug, was the very same Rensselaer County Department of Social Services.
For confirmation of that fact, all we need do is turn to an FBI MEMORANDUM to SAC Albany 2/24/89 Subject: ALLEGATIONS OF CORRUPTION IN RENSSELAER COUNTY GOVERNMENT RELATING TO LAND DEVELOPMENT, wherein was stated:
On 2/13/89, the writer (FBI Special Agent) attended a disciplinary hearing held in Conference Room B, Fifth Floor, Rensselaer County Office Building, relating to charges Rensselaer County has brought against Environmental Health Director PAUL PLANTE.
There were approximately 18 to 20 spectators in attendance at this hearing, including people who appeared to be interested, members of the general public, and others who were obviously from the press.
There appears to be a lot of public interest in this disciplinary hearing.
PHILIP LANCE is Rensselaer County’s Hearing Officer for this disciplinary hearing.
LANCE is Assistant Counsel to the county’s Department of Social Services.
end quotes
Buono called Lance his personal “eyes and ears” in the matter, as if Buono were totally unaware of his own prior actions in the matter according to a U.S. DEPARTMENT OF JUSTICE – FEDERAL BUREAU OF INVESTIGATION report dated June 30, 1989, found at pages 202,203 of the Jimino Bible Rensselaer County Executive Kathleen Jimino submitted to the federal Second Circuit Court of Appeals in New York City in justification of her own efforts as County Executive to cover up the criminal activity of “protected persons” in Rensselaer County, to wit:
On October 6, 1988, “an Ad Hoc Engineering Committee” held a closed door meeting in the Rensselaer County Office Building which started at approximately 4:00 p.m. and which was the result, according to Plante, of a “deal” between [DELETED BY F.B.I. CENSORS] and the Rensselaer County Developer’s Organization.
In Plante’s view, the purpose of this “Ad Hoc Engineering Committee meeting” was to tell Plante how to do business in the Health Department, or else he “would not do business”.
According to Plante, he was instructed as to how business was done in Rensselaer County in 1983 and was further instructed to abide by agreements made in 1983 wherein, Plante understood, Health Department officials certified projects in return for contributions to various politicians.
Shortly thereafter, Plante was placed on thirty days sick leave and the Rensselaer County Executive went on local television announcing that Plante was suffering from stress related to his service in Viet Nam.
end quotes
The story of those hearings where Buono had Lance as his “eyes and ears” was told in the Times Union article “Plante answers county charges” by Tim O’Brien, Staff Writer, 12 APRIL 1989, as follows:
TROY – Rensselaer County Environmental Health Director Paul R. Plante took the witness stand in his own defense Tuesday after county officials completed their case seeking his dismissal.
Plante said his suspension Oct. 12 came after he told county officials he was filing charges against his superior, Health Director Kenneth Van Praag, with the state Health Department.
Plante has charged that Van Praag and and previous county engineers failed to enforce health standards for water and sewage systems.
****
The engineer’s initial testimony focused on a memo written Oct. 11, 1988, to County Executive John L. Buono.
****
He (Plante) argued that the county had suffered from a pattern of violations of state health codes and needed a clear definition of authority, a mission statement for the environmental health division and a contract covering his duties and expectations.
“I was requesting a full program review by the state Health Department,” he said.
Van Praag, who is not an engineer, has vehemently denied Plante’s charges.
****
Plante contended Van Praag thought of his unit as a “service organization”, there to provide speedy approvals for developers.
After sending the Oct. 11 memo to Buono, Plante said he expected to withdraw his services from Rensselaer County, and a state Health Department investigation to be launched.
He said he told Deputy County Executive James Girzone of his plans.
“Mr. Girzone never gave me an inkling that anything would be done other than these charges would be taken seriously,” Plante said.
Instead, he said, he discovered through media reports that he was being suspended because county officials claimed he was “sick” and needed to seek counseling.
end quotes
With respect to that excellent cover-up which Assistant Counsel to the Rensselaer County Department of Social Services Philip Lance conducted for Buono, this key testimony of Buono’s lawyer, Rensselaer County Attorney Robert A. Smith, Esquire at law, was heard by Lance, the FBI and the local media on March 15, 1989, to wit:
MAYO: Could you please state your name for the record?
SMITH: Robert A. Smith.
MAYO: And do you currently hold a position with the County of Rensselaer?
SMITH: Yes. I do!
MAYO: What position is that?
SMITH: I’m County Attorney for Rensselaer County.
MAYO: And how long have you held that position, Mr. Smith?
SMITH: Since some time in September of 1984.
MAYO: Now, Mr. Smith, in your position as County Attorney, did there come a time in October 1988 when you were requested to attend a meeting with the County Executive?
SMITH: Yes.
MAYO: And did you in fact attend such a meeting?
SMITH: Yes! I did!
MAYO: And Mr. Smith, I show you County Exhibit 13 (October 11, 1988 memorandum from Plante to Buono wherein Plante told Buono Plante would not make or file false reports with the NYSHD for Buono), which is currently in evidence, and ask you if this memo was the subject of said meeting?
SMITH: YES!
This was the subject of that particular meeting.
MAYO: And as best you can recall, what did the discussion center around, Mr. Smith?
SMITH: Mr. Buono asked me to take a look at the memo and in fact provided me with a copy of it and asked me to read through it and also to give him my feelings about it, my impressions of the memo itself and what if any action I might think might be called for on the part of the county as a consequence of that particular memorandum.
MAYO: And did you in fact take an action as a result of that conversation?
SMITH: Yes!
I did!
It was essentially at the direction of the County executive based on our conversations I indicated to John Buono that I felt that some of the statements that were in the memo were fairly broad in scope and served to undermine the integrity of the Health Department and also to compromise the functions of the Health Department insofar as they were not in the context of the memo themself substantiated by any evidence.
end quotes
The offending statements in that memo which Smith was testifying about to Buono’s “eyes and ears” from the Rensselaer County Department of Social Services on March 15, 1989 following Smith’s previous meeting with Buono in October of 1988 where a decision was made to get rid of me by Buono and Smith using Lance as their tool, are as follows:
1) As the Director of the Environmental Health Division, it was my responsibility to certify on behalf of Rensselaer County the integrity of the Code Enforcement Programs to the State of New York for the purpose of payment of our State operating funds;
2) I had reached a juncture where such certification by myself was no longer feasible, as my certification of those operations was as a licensed professional;
3) My conduct as a New York State licensed professional engineer (NYSPE) was governed in large part by Part 29 of the Codes of the Education Department which sets forth the actions deemed to constitute unprofessional conduct on the part of licensed individuals;
4) Section 29.1(b)(6) defines unprofessional conduct as “willfully making or filing a false report, or failing to file a report required by law or by the Education Department, or willfully impeding or obstructing such filing, or inducing another person to do so.”
5) I wasn’t going to commit professional misconduct for Buono to cover-up alleged criminal activities in the Rensselaer County Department of Health, for which there was a plethora of evidence, not a dearth, as Smith falsely maintained in sworn testimony on March 15, 1989 before Lance, Buono’s “eyes and ears” in the matter.
end quotes
Since I wouldn’t make and file false reports for Buono to cover up alleged criminal activity in the Rensselaer County Department of Health, Buono got Assistant Counsel to the Rensselaer County Department of Social Services Philip Lance to do it for him, and an excellent job Lance did for him, in the process getting powerful Rensselaer County politician Joe Bruno off the hook for the misdemeanor charge of willful violation of the NYS Public Health Law.
Lance, I understand, has done quite well for himself since then, as is considered only fair in Rensselaer County politics in exchange for the services Lance rendered Buono in that cover-up back then, as Buono’s “eyes and ears,” two of which were blind and the other two deaf.
And none of that is a secret in Rensselaer County, to the contrary, that was an on-going media spectacle here in Rensselaer County for several weeks in early-1989, with the climax of the drama occurring before the TV cameras of all the local media back then, 6, 10 and 13, the scribes from the TU and Troy Record, and the watchful eye of the FBI, when Lance asked me if I would drop my charges against Ken Van Praag for violation of the provisions of the NYS Education Law regarding the practice of engineering in the State of New York, class “E” felonies, in exchange for Lance letting me come back to work, and I told him no, thus sealing my fate.
So no wonder this investigator from the Department of Social Services thought he could get away with essentially the same thing, except on a much more modest scale.
What really surprises me based on this Rensselaer County history is that he didn’t get away with it, not that he tried to.
Paul Plante, NYSPE
http://www.talk1300report.com/2016/06/f ... ment-15889
Re: THE TALK-1300 REPORT
TALK RADIO 1300 on June 30, 2016 at 6:59 am:
What I can’t understand, Jim, is how this Ned dude got caught and why.
There has to be something more going on here behind the scenes that we are unaware of, something political, or this Ned dude would not have been caught.
Somebody threw him under the bus for political reasons, or he wouldn’t have gone down.
It’s certainly more than making and filing false reports, which the files of the Rensselaer County Department of Health are chock full of.
Rensselaer County Executive Kathy Jimino resorted to doing exactly that on 22 August 2001 when she enacted her “FINAL SOLUTION” against me because I was blowing the whistle on a politically-connected engineer and surveyor who were filing false reports with her Rensselaer County Department of Health.
Kathy got one of her politically-connected doctors at the Samaritan Hospital in Troy to make out a false report that I was mentally-ill and dangerous and in need of incarceration in the secure mental facility of the Samaritan Hospital.
She got the Rensselaer County District Attorney to get a fraudulent Mental Hygiene Law 9.45 involuntary commitment order for me into the hands of the state police so they could have a SWAT team capture me for transport to the Samaritan Hospital for incarceration.
As a back-up plan, Jimino had a politically-connected nurse employed by the Stratton VA Hospital in its Troy satellite office call the VA Police at the Stratton VA Hospital in Albany to falsely report to them that I was a mental patient in her care, and that I had gone berserk and was going to kill people in the Rensselaer County Office Building, along with one of Kathy Jimino’s “protected persons” in the Town of Poestenkill.
She had one of her political goons in her veteran’s service agency call the VA Police in Albany along with a politically-connected NYS veteran’s service officer to make false reports buttressing the false report of the politically-connected nurse, which false reports all went to the Office of the U.S. Attorney for the Northern District of New York.
Based on those false reports and that fraudulent 9.45 order, I was captured in the lobby of the Stratton VA Hospital when I went there seeking refuge on 22 August 2001, and I was incarcerated in the secure mental facility of the VA, where I would have rotted while my brain was destroyed with drugs, Jimino’s intended goal, but for an Albany Police Officer who was able to blow the whole foul scheme wide open and get me released.
In a sworn affidavit which the Office of the New York State Attorney General was able to get suppressed, that Albany Police Officer testified in relevant part as follows about the events of 22 August 2001:
1. I am qualified as a law enforcement officer in the State of New York.
2. In that capacity, I am familiar with orders for involuntary commitment issued pursuant to 9.45 of the New York State Mental Hygiene Law, commonly known as “pick-up” orders.
3. With respect to this above matter, on August 22, 2001, I returned home to find an urgent message on my telephone answering machine from Paul Plante in the above matter, requesting me to come to his aid and assistance at the Stratton VA Medical Center at 113 Holland Avenue in Albany, New York 12208.
4. Upon arriving at the Stratton VA Medical Center at about 2:00 P.M. on the afternoon of August 22, 2001 and making inquiry as to Paul Plante’s whereabouts, I found him in the custody of Dr. Cox in the secure mental health facility on the tenth floor of the VA Hospital in Albany.
5. Upon being admitted into Dr. Cox’s office, I recall being told by Dr. Cox that it was “a good thing” that I was there, and that as someone who knew Paul Plante quite well, I could assist Dr. Cox in straightening out the situation in which Paul Plante found himself at that moment.
6. At that time, I recall that Dr. Cox had Paul Plante explain the “situation” to me in his own words, which I recall as follows:
a) that Paul Plante was conducting an investigation as a New York State licensed professional engineer pursuant to the laws of the State of New York into the manner in which a Jeffrey Pelletier of Poestenkill, New York, had managed to obtain a sewage disposal system construction permit from the Rensselaer County Department of Health;
b) that in the course of conducting this investigation, he had uncovered alleged wrongdoing involving public officials in the Town of Poestenkill and Rensselaer County;
c) that he was preparing a report on the manner in which this sewage disposal system construction permit had been obtained in preparation for a legal action against the public officials allegedly involved in the matter;
d) that in the course of obtaining background materials for the report, he had been threatened with retaliation by Rensselaer County officials and was told to “back off” and leave the matter alone;
e) that the day prior, August 21, 2001, despite the threats he had received from Rensselaer County officials, he entered the Rensselaer County Office Building for the purpose of a final review of public files in connection with the investigation he was conducting;
f) that on the morning of August 22, 2001, he had returned home to find two (2) messages on his answering machine from a Robert Reiter, a political appointee serving as Director of Veterans’ Affairs in Rensselaer County;
g) that he then called Robert Reiter at the Rensselaer County Office Building;
h) that Robert Reiter then allegedly tried to lure him into the Rensselaer County Office Building for an alleged meeting;
i) that when he refused to come into the Rensselaer County Office Building, that Robert Reiter then allegedly told him that he was “required” to report to the mental health unit at the Samaritan Hospital in Troy, New York;
j) that Robert Reiter then put a William “BUCK” Shea on the line;
k) that William “BUCK” Shea began yelling at him that if he did not report to the mental health unit of the Samaritan Hospital immediately, that he would have to “face the consequences”; and
l) that upon hearing William “BUCK” Shea’s threats, he became panic stricken and immediately left his home and went to the VA Hospital for sanctuary, because it was federal property, and because he hoped a psychologist he knew at the hospital would be able to assist him in determining what was transpiring in Rensselaer County.
7. I then clearly recall Dr. Cox dismissing out of hand all that Paul Plante had just stated, and informing me instead that Paul Plante was being held at the VA Hospital because a 9.45 involuntary commitment order for him had been issued by a Dr. John Christian Braaten at the Samaritan Hospital in Troy, New York which directed the New York State Police to apprehend Paul Plante and transport him to the mental health unit of the Samaritan Hospital in Troy, New York for involuntary psychiatric care and treatment, and that Paul Plante was alleged to be in quite serious trouble in Rensselaer County, for which he was allegedly “wanted by the police” as I recall the words of Dr. Cox to me on August 22, 2001.
8. When I asked what that had to do with Paul Plante being held at the VA Hospital in Albany, I recall Dr. Cox informing me that Rensselaer County officials had faxed the New York State Mental Hygiene Law 9.45 “pick-up” order for Paul Plante to the VA Hospital, and that, because of that action by Rensselaer County and New York State public officials, there was then a legal jurisdictional problem involving Paul Plante, that because of the 9.45 order, in the words of Dr. Cox as I recall them, the VA was required to hold Paul Plante.
9. Being familiar with 9.45 orders in my capacity as a qualified law enforcement officer in the State of New York, and being very familiar with the version of facts Paul Plante had provided to me at the beginning of the interview with Dr. Cox, and being very curious as to how and upon what authority Dr. Cox, a medical doctor allegedly licensed in State of New York by the Education Department, could dismiss out of hand Paul Plante’s version of events above where Paul Plante is an engineer licensed to practice in the State of New York who has previously given evidence to the Federal Bureau of Investigation concerning the Rensselaer County Department of Health, I recall requesting Dr. Cox to show me the order upon which he personally was detaining Paul Plante.
10. When I questioned Dr. Cox as to his knowledge of the circumstances behind the issuance of this particular 9.45 order, specifically the necessary factual history alleged in the records to justify a finding that Paul Plante was “dangerous” as is required by New York State laws on the arrest and detainment of those alleged to be mentally ill, dangerous and incapable of providing support or treatment for themselves, I recall Dr. Cox telling me that earlier that morning, Paul Plante had allegedly been seen by a Dr. John Christian Braaten at Samaritan Hospital, and based upon Dr. John Christian Braaten’s alleged evaluation, that Paul Plante had to be involuntarily committed to a mental health unit for immediate care and treatment for a mental illness.
11. At that point, I clearly recall Paul Plante interjecting in a calm, steady and reasonable voice, stating that he had never been to the Samaritan Hospital that day or any other day, and that he had never been seen by any Dr. John Christian Braaten at any time, period.
12. With that statement by Paul Plante, I recall asking Dr. Cox specifically, in very clear language, whether he had independent knowledge as to whether Dr. John Christian Braaten had actually seen Paul Plante, at which point I recall him basing his opinion solely upon the 9.45 order faxed to him by Rensselaer County officials.
13. With that admission by Dr. Cox that he had no direct knowledge or evidence of what had transpired in Rensselaer County, outside of the copy of the 9.45 order faxed to him that morning by Rensselaer County public officials, and that therefore, he could not attest to where Paul Plante had been or what he been doing at the time process was issued by Dr. John Christian Braaten for Paul Plante to be detained and transported to Samaritan Hospital of Troy, N.Y., I recall that a discussion ensued between myself and Dr. Cox as to the situation as I saw it right then from my perspective as a police officer in the State of New York subject to its laws and constitution as were Dr. Cox and Paul Plante as licensed professionals in the State of New York.
14. As I recall it, this discussion concerned itself with Dr. Cox’s own personal legal status as a New York State licensed medical doctor if he continued to hold Paul Plante without any evidence of mental illness, “dangerousness” or inability to care for himself, after Paul Plante had identified himself to the doctor as a New York State licensed professional engineer conducting an investigation in Rensselaer County involving matters of protection and safeguarding of life, health and property in New York State.
15. As I recall him saying in reply, Dr. Cox told me that he had been informed that morning by Rensselaer County officials Joseph Cybulski and Robert Reiter, and New York State official William “BUCK” Shea, that Paul Plante was alleged armed and dangerous and a threat to people in the Rensselaer County Office Building, and that he had then been ordered by Joseph Cybulski, who I believe he referred to as a “doctor”, to hold Paul Plante for transport back to Rensselaer County.
16. When I asked Dr. Cox upon what authority, jurisdiction or discretion, Rensselaer County officials Joseph Cybulski and Robert Reiter, and New York State official William “BUCK” Shea could order the arrest and detention of Paul Plante in a Federal government secure mental health facility, I recall Dr. Cox resorting to the circular logic of the MHL 9.45 order; to wit: if they had it, he was not going to question its legitimacy, regardless of what Paul Plante might say in his own defense, or in other words, it was too late for Paul Plante’s defense, he had already had that opportunity with Dr. John Christian Braaten that morning, and Paul Plante had obviously blown it according to Dr. Cox, elsewise the 9.45 order would never had issued, and Paul Plante wouldn’t now be detained and in big trouble in Rensselaer County.
17. It is at that this point in the discussion that I recall stopping Dr. Cox in his presentation, and asking him one question to settle the dispute in the matter of Paul Plante’s custody, for if Paul Plante was properly in custody, as a police officer in the State of New York, I could not and would not interfere outside of resorting, as one who knew him quite well, to legal procedures created in the New York State Mental Hygiene Law to challenge such confinements:
I asked Dr. Cox to explain to me how Paul Plante had managed to escape from the Samaritan Hospital, given that he was at that time physically present in the City of Albany, some miles to the south of the City of Troy, where Dr. John Christian Braaten had allegedly examined him and had allegedly determined that Paul Plante was a person with a mental illness who needed to be involuntarily committed to the mental health unit of the Samaritan Hospital for immediate care and treatment.
18. I told Dr. Cox that if Paul Plante had in fact been in lawful custody at the Samaritan Hospital in Troy on August 22, 2001, and had then escaped custody before making his way to Albany, where we all were then sitting, that in my own view of my responsibilities as a police officer in New York State, I would be obligated to apprehend Paul Plante myself for the public safety, so that if Dr. Cox had evidence of such alleged conduct by Paul Plante, then he was obligated to hold Paul Plante, and Paul Plante was obligated to stay.
19. However, I told Dr. Cox, that from what I was hearing Paul Plante recount concerning this MHL 9.45 order, it sounded as if a Constitutional Tort had been committed against Paul Plante in the State of New York by these named public officials in the County of Rensselaer and the State of New York, so that the reality of the situation right there as it stood in Dr. Cox’s office at that moment was that Paul Plante was being held against his will by Dr. Cox in a federal facility based upon null acts in the State of New York in violation of Paul Plante’s legal and constitutional rights under New York law, and that as someone who knew him quite well, I would institute proceedings against Dr. Cox on constitutional grounds to have Paul Plante freed, after it was clear to him as the examining doctor that there were no medical grounds upon which to continue the detention of Paul Plante in the Albany VA Hospital as an alleged dangerous mental patient.
20. With that question before him of the lawfulness and constitutionality of Paul Plante’s continued detention in the secure mental health facility of the Albany VA Hospital on August 22, 2001, after the moment when Dr. Cox admitted that he had no medical evidence upon which to base his continued detention of Paul Plante, I recall Dr. Cox stating for the record on an apparent recording device that he had no knowledge that Paul Plante had ever been seen or examined by anyone at the Samaritan Hospital in Troy, and that in his opinion, there was no evidence that Paul Plante was in need of care and treatment for a mental illness, nor was there evidence that Paul Plante was dangerous, and that therefore, there was no legal basis for him to continue detaining Paul Plante, at which time Paul Plante was released from custody by the VA Hospital on Dr. Cox’s orders.
21. At that time, I recall going to the office of the VA Police to inform them that Dr. Cox had released Paul Plante based upon a lack of medical evidence upon which to hold him.
22. Upon identifying myself to the VA Police as a law enforcement officer, I recall being shown the police report filed with the VA Police by Rensselaer County officials which had precipitated the incident at the VA Hospital that had caused Paul Plante to be involuntarily detained by Dr. Cox.
23. In discussing that police report with the VA Police, it is my recollection, and it is reflected in that police report, that Andrea Gallerie, a nurse with the VA satellite office in Troy, New York had reported to the VA Police in Albany, New York that Paul Plante was an alleged “mental patient” who she alleged was “in her care”, and who she was further alleging was violent, and it was further reported to the VA Police by Robert Reiter and William “BUCK” Shea of Rensselaer County that Paul Plante had been threatening them and Jeffrey Pelletier of Poestenkill, New York.
24. In fact, that report to the VA Police, and upon information and belief, the source of which is the VA Police, the Office of the United States Attorney for the Northern District of New York, by Andrea Gallerie, Robert Reiter and William “BUCK” Shea is false on its face, as the evidence in this matter will clearly demonstrate.
end quotes
Instead of acting on that sworn affidavit of a police officer, the Office of the New York State Attorney General instead had it buried, and in its place substituted a 6 March 2002 Affidavit submitted to Rensselaer County Supreme Court Judge George B. Ceresia, Jr. of the New York State Supreme Court for Rensselaer County in Matter of Paul R. Plante v. The New York State of Mental Health et al., Rensselaer County Index No. 203712, by Barbara A. Soldano, wherein was stated as follows:
BARBARA A. SOLDANO, being duly sworn, deposes and says:
1. I am employed by the New York State Office of Mental Health (“OMH”) as the Chairperson of OMH’s Clinical Record Access Committee (“Committee”).
I am a respondent in this proceeding.
2. I make this affidavit in opposition to the amended petition, in opposition to petitioner’s (Paul R. Plante) motion for summary judgment, and in support of the answer submitted by the State respondents, which includes myself, OMH, and the New York State Commissioner of Mental Health, James L. Stone.
3. This affidavit is based on my experience as Chairperson of the Committee, my understanding of the Mental Hygiene Law, my personal knowledge of the events relevant to this proceeding and my review of relevant documentation maintained by the Committee.
4. In this proceeding, petitioner Paul R. Plante challenges a determination made by me, in my capacity as Committee Chairperson, on October 31, 2001.
As detailed below, my determination affirmed another respondent’s (Bernadette Rotter Hallam) decision to deny Mr. Plante access to particular clinical records, pursuant to the provisions of Mental Hygiene Law 33.16(c)(4).
5. Specifically, petitioner (Plante) seeks disclosure of two names which were redacted from two particular documents.
Copies of the redacted versions, which were provided to the committee by Mr. Plante upon his appeal, are annexed hereto as Exhibits A and B.
6. Exhibit A, dated August 22, 2001 is a document entitled “Samaritan Hospital Behavioral Health Crisis Department” and dated August 22, 2001.
The document states that, based on information provided by a person whose name was redacted, a “9.45 order” was prepared and sent by facsimile to police officers.
According to Exhibit A, the unidentified informant advised that petitioner (Plante) was, among other things, “making threats and threatening bloodshed”. See Exhibit A.
***********
8. Exhibit B, dated August 22, 2001 is entitled “Emergency or C.P.E.P. Emergency Admission …. Custody/Transport Of a Person Alleged To Be Mentally Ill To A Hospital Approved To Receive Emergency or C.P.E.P. Emergency Admissions.”
The form contains information under the section entitled “9.45 Mental Hygiene Law” and “Request By A Director of Community Services or Designee”.
In short, this form appears to be the “9.45 Order” referenced in Exhibit A.
9. Exhibit B contains a statement by “the designee of the Director of Community Services for Rensselaer”, whose name was redacted from the form, that “It has been reported to me that Paul Plante has a mental illness for which immediate care in a hospital is appropriate and which is likely to result in serious harm to him/herself or others.”
The form further directs the New York State Police to take petitioner (Plante) into custody and transport him to Samaritan Hospital or the Veteran’s Administration Hospital.
10. Apparently, pursuant to the “9.45 Order”, petitioner (Plante) was brought to Samaritan Hospital on August 22, 2001.
end quotes
Paragraph 10, of course is a patently false sworn statement, as the suppressed Albany police officer’s sworn affidavit clearly shows, but no matter, because making and filing false statements by public officials in New York State is standard fare, especially in cases of political retaliation.
So what really gives here?
Why did this Ned dude really go down?
Paul Plante, NYSPE
http://www.talk1300report.com/2016/06/f ... ment-15893
What I can’t understand, Jim, is how this Ned dude got caught and why.
There has to be something more going on here behind the scenes that we are unaware of, something political, or this Ned dude would not have been caught.
Somebody threw him under the bus for political reasons, or he wouldn’t have gone down.
It’s certainly more than making and filing false reports, which the files of the Rensselaer County Department of Health are chock full of.
Rensselaer County Executive Kathy Jimino resorted to doing exactly that on 22 August 2001 when she enacted her “FINAL SOLUTION” against me because I was blowing the whistle on a politically-connected engineer and surveyor who were filing false reports with her Rensselaer County Department of Health.
Kathy got one of her politically-connected doctors at the Samaritan Hospital in Troy to make out a false report that I was mentally-ill and dangerous and in need of incarceration in the secure mental facility of the Samaritan Hospital.
She got the Rensselaer County District Attorney to get a fraudulent Mental Hygiene Law 9.45 involuntary commitment order for me into the hands of the state police so they could have a SWAT team capture me for transport to the Samaritan Hospital for incarceration.
As a back-up plan, Jimino had a politically-connected nurse employed by the Stratton VA Hospital in its Troy satellite office call the VA Police at the Stratton VA Hospital in Albany to falsely report to them that I was a mental patient in her care, and that I had gone berserk and was going to kill people in the Rensselaer County Office Building, along with one of Kathy Jimino’s “protected persons” in the Town of Poestenkill.
She had one of her political goons in her veteran’s service agency call the VA Police in Albany along with a politically-connected NYS veteran’s service officer to make false reports buttressing the false report of the politically-connected nurse, which false reports all went to the Office of the U.S. Attorney for the Northern District of New York.
Based on those false reports and that fraudulent 9.45 order, I was captured in the lobby of the Stratton VA Hospital when I went there seeking refuge on 22 August 2001, and I was incarcerated in the secure mental facility of the VA, where I would have rotted while my brain was destroyed with drugs, Jimino’s intended goal, but for an Albany Police Officer who was able to blow the whole foul scheme wide open and get me released.
In a sworn affidavit which the Office of the New York State Attorney General was able to get suppressed, that Albany Police Officer testified in relevant part as follows about the events of 22 August 2001:
1. I am qualified as a law enforcement officer in the State of New York.
2. In that capacity, I am familiar with orders for involuntary commitment issued pursuant to 9.45 of the New York State Mental Hygiene Law, commonly known as “pick-up” orders.
3. With respect to this above matter, on August 22, 2001, I returned home to find an urgent message on my telephone answering machine from Paul Plante in the above matter, requesting me to come to his aid and assistance at the Stratton VA Medical Center at 113 Holland Avenue in Albany, New York 12208.
4. Upon arriving at the Stratton VA Medical Center at about 2:00 P.M. on the afternoon of August 22, 2001 and making inquiry as to Paul Plante’s whereabouts, I found him in the custody of Dr. Cox in the secure mental health facility on the tenth floor of the VA Hospital in Albany.
5. Upon being admitted into Dr. Cox’s office, I recall being told by Dr. Cox that it was “a good thing” that I was there, and that as someone who knew Paul Plante quite well, I could assist Dr. Cox in straightening out the situation in which Paul Plante found himself at that moment.
6. At that time, I recall that Dr. Cox had Paul Plante explain the “situation” to me in his own words, which I recall as follows:
a) that Paul Plante was conducting an investigation as a New York State licensed professional engineer pursuant to the laws of the State of New York into the manner in which a Jeffrey Pelletier of Poestenkill, New York, had managed to obtain a sewage disposal system construction permit from the Rensselaer County Department of Health;
b) that in the course of conducting this investigation, he had uncovered alleged wrongdoing involving public officials in the Town of Poestenkill and Rensselaer County;
c) that he was preparing a report on the manner in which this sewage disposal system construction permit had been obtained in preparation for a legal action against the public officials allegedly involved in the matter;
d) that in the course of obtaining background materials for the report, he had been threatened with retaliation by Rensselaer County officials and was told to “back off” and leave the matter alone;
e) that the day prior, August 21, 2001, despite the threats he had received from Rensselaer County officials, he entered the Rensselaer County Office Building for the purpose of a final review of public files in connection with the investigation he was conducting;
f) that on the morning of August 22, 2001, he had returned home to find two (2) messages on his answering machine from a Robert Reiter, a political appointee serving as Director of Veterans’ Affairs in Rensselaer County;
g) that he then called Robert Reiter at the Rensselaer County Office Building;
h) that Robert Reiter then allegedly tried to lure him into the Rensselaer County Office Building for an alleged meeting;
i) that when he refused to come into the Rensselaer County Office Building, that Robert Reiter then allegedly told him that he was “required” to report to the mental health unit at the Samaritan Hospital in Troy, New York;
j) that Robert Reiter then put a William “BUCK” Shea on the line;
k) that William “BUCK” Shea began yelling at him that if he did not report to the mental health unit of the Samaritan Hospital immediately, that he would have to “face the consequences”; and
l) that upon hearing William “BUCK” Shea’s threats, he became panic stricken and immediately left his home and went to the VA Hospital for sanctuary, because it was federal property, and because he hoped a psychologist he knew at the hospital would be able to assist him in determining what was transpiring in Rensselaer County.
7. I then clearly recall Dr. Cox dismissing out of hand all that Paul Plante had just stated, and informing me instead that Paul Plante was being held at the VA Hospital because a 9.45 involuntary commitment order for him had been issued by a Dr. John Christian Braaten at the Samaritan Hospital in Troy, New York which directed the New York State Police to apprehend Paul Plante and transport him to the mental health unit of the Samaritan Hospital in Troy, New York for involuntary psychiatric care and treatment, and that Paul Plante was alleged to be in quite serious trouble in Rensselaer County, for which he was allegedly “wanted by the police” as I recall the words of Dr. Cox to me on August 22, 2001.
8. When I asked what that had to do with Paul Plante being held at the VA Hospital in Albany, I recall Dr. Cox informing me that Rensselaer County officials had faxed the New York State Mental Hygiene Law 9.45 “pick-up” order for Paul Plante to the VA Hospital, and that, because of that action by Rensselaer County and New York State public officials, there was then a legal jurisdictional problem involving Paul Plante, that because of the 9.45 order, in the words of Dr. Cox as I recall them, the VA was required to hold Paul Plante.
9. Being familiar with 9.45 orders in my capacity as a qualified law enforcement officer in the State of New York, and being very familiar with the version of facts Paul Plante had provided to me at the beginning of the interview with Dr. Cox, and being very curious as to how and upon what authority Dr. Cox, a medical doctor allegedly licensed in State of New York by the Education Department, could dismiss out of hand Paul Plante’s version of events above where Paul Plante is an engineer licensed to practice in the State of New York who has previously given evidence to the Federal Bureau of Investigation concerning the Rensselaer County Department of Health, I recall requesting Dr. Cox to show me the order upon which he personally was detaining Paul Plante.
10. When I questioned Dr. Cox as to his knowledge of the circumstances behind the issuance of this particular 9.45 order, specifically the necessary factual history alleged in the records to justify a finding that Paul Plante was “dangerous” as is required by New York State laws on the arrest and detainment of those alleged to be mentally ill, dangerous and incapable of providing support or treatment for themselves, I recall Dr. Cox telling me that earlier that morning, Paul Plante had allegedly been seen by a Dr. John Christian Braaten at Samaritan Hospital, and based upon Dr. John Christian Braaten’s alleged evaluation, that Paul Plante had to be involuntarily committed to a mental health unit for immediate care and treatment for a mental illness.
11. At that point, I clearly recall Paul Plante interjecting in a calm, steady and reasonable voice, stating that he had never been to the Samaritan Hospital that day or any other day, and that he had never been seen by any Dr. John Christian Braaten at any time, period.
12. With that statement by Paul Plante, I recall asking Dr. Cox specifically, in very clear language, whether he had independent knowledge as to whether Dr. John Christian Braaten had actually seen Paul Plante, at which point I recall him basing his opinion solely upon the 9.45 order faxed to him by Rensselaer County officials.
13. With that admission by Dr. Cox that he had no direct knowledge or evidence of what had transpired in Rensselaer County, outside of the copy of the 9.45 order faxed to him that morning by Rensselaer County public officials, and that therefore, he could not attest to where Paul Plante had been or what he been doing at the time process was issued by Dr. John Christian Braaten for Paul Plante to be detained and transported to Samaritan Hospital of Troy, N.Y., I recall that a discussion ensued between myself and Dr. Cox as to the situation as I saw it right then from my perspective as a police officer in the State of New York subject to its laws and constitution as were Dr. Cox and Paul Plante as licensed professionals in the State of New York.
14. As I recall it, this discussion concerned itself with Dr. Cox’s own personal legal status as a New York State licensed medical doctor if he continued to hold Paul Plante without any evidence of mental illness, “dangerousness” or inability to care for himself, after Paul Plante had identified himself to the doctor as a New York State licensed professional engineer conducting an investigation in Rensselaer County involving matters of protection and safeguarding of life, health and property in New York State.
15. As I recall him saying in reply, Dr. Cox told me that he had been informed that morning by Rensselaer County officials Joseph Cybulski and Robert Reiter, and New York State official William “BUCK” Shea, that Paul Plante was alleged armed and dangerous and a threat to people in the Rensselaer County Office Building, and that he had then been ordered by Joseph Cybulski, who I believe he referred to as a “doctor”, to hold Paul Plante for transport back to Rensselaer County.
16. When I asked Dr. Cox upon what authority, jurisdiction or discretion, Rensselaer County officials Joseph Cybulski and Robert Reiter, and New York State official William “BUCK” Shea could order the arrest and detention of Paul Plante in a Federal government secure mental health facility, I recall Dr. Cox resorting to the circular logic of the MHL 9.45 order; to wit: if they had it, he was not going to question its legitimacy, regardless of what Paul Plante might say in his own defense, or in other words, it was too late for Paul Plante’s defense, he had already had that opportunity with Dr. John Christian Braaten that morning, and Paul Plante had obviously blown it according to Dr. Cox, elsewise the 9.45 order would never had issued, and Paul Plante wouldn’t now be detained and in big trouble in Rensselaer County.
17. It is at that this point in the discussion that I recall stopping Dr. Cox in his presentation, and asking him one question to settle the dispute in the matter of Paul Plante’s custody, for if Paul Plante was properly in custody, as a police officer in the State of New York, I could not and would not interfere outside of resorting, as one who knew him quite well, to legal procedures created in the New York State Mental Hygiene Law to challenge such confinements:
I asked Dr. Cox to explain to me how Paul Plante had managed to escape from the Samaritan Hospital, given that he was at that time physically present in the City of Albany, some miles to the south of the City of Troy, where Dr. John Christian Braaten had allegedly examined him and had allegedly determined that Paul Plante was a person with a mental illness who needed to be involuntarily committed to the mental health unit of the Samaritan Hospital for immediate care and treatment.
18. I told Dr. Cox that if Paul Plante had in fact been in lawful custody at the Samaritan Hospital in Troy on August 22, 2001, and had then escaped custody before making his way to Albany, where we all were then sitting, that in my own view of my responsibilities as a police officer in New York State, I would be obligated to apprehend Paul Plante myself for the public safety, so that if Dr. Cox had evidence of such alleged conduct by Paul Plante, then he was obligated to hold Paul Plante, and Paul Plante was obligated to stay.
19. However, I told Dr. Cox, that from what I was hearing Paul Plante recount concerning this MHL 9.45 order, it sounded as if a Constitutional Tort had been committed against Paul Plante in the State of New York by these named public officials in the County of Rensselaer and the State of New York, so that the reality of the situation right there as it stood in Dr. Cox’s office at that moment was that Paul Plante was being held against his will by Dr. Cox in a federal facility based upon null acts in the State of New York in violation of Paul Plante’s legal and constitutional rights under New York law, and that as someone who knew him quite well, I would institute proceedings against Dr. Cox on constitutional grounds to have Paul Plante freed, after it was clear to him as the examining doctor that there were no medical grounds upon which to continue the detention of Paul Plante in the Albany VA Hospital as an alleged dangerous mental patient.
20. With that question before him of the lawfulness and constitutionality of Paul Plante’s continued detention in the secure mental health facility of the Albany VA Hospital on August 22, 2001, after the moment when Dr. Cox admitted that he had no medical evidence upon which to base his continued detention of Paul Plante, I recall Dr. Cox stating for the record on an apparent recording device that he had no knowledge that Paul Plante had ever been seen or examined by anyone at the Samaritan Hospital in Troy, and that in his opinion, there was no evidence that Paul Plante was in need of care and treatment for a mental illness, nor was there evidence that Paul Plante was dangerous, and that therefore, there was no legal basis for him to continue detaining Paul Plante, at which time Paul Plante was released from custody by the VA Hospital on Dr. Cox’s orders.
21. At that time, I recall going to the office of the VA Police to inform them that Dr. Cox had released Paul Plante based upon a lack of medical evidence upon which to hold him.
22. Upon identifying myself to the VA Police as a law enforcement officer, I recall being shown the police report filed with the VA Police by Rensselaer County officials which had precipitated the incident at the VA Hospital that had caused Paul Plante to be involuntarily detained by Dr. Cox.
23. In discussing that police report with the VA Police, it is my recollection, and it is reflected in that police report, that Andrea Gallerie, a nurse with the VA satellite office in Troy, New York had reported to the VA Police in Albany, New York that Paul Plante was an alleged “mental patient” who she alleged was “in her care”, and who she was further alleging was violent, and it was further reported to the VA Police by Robert Reiter and William “BUCK” Shea of Rensselaer County that Paul Plante had been threatening them and Jeffrey Pelletier of Poestenkill, New York.
24. In fact, that report to the VA Police, and upon information and belief, the source of which is the VA Police, the Office of the United States Attorney for the Northern District of New York, by Andrea Gallerie, Robert Reiter and William “BUCK” Shea is false on its face, as the evidence in this matter will clearly demonstrate.
end quotes
Instead of acting on that sworn affidavit of a police officer, the Office of the New York State Attorney General instead had it buried, and in its place substituted a 6 March 2002 Affidavit submitted to Rensselaer County Supreme Court Judge George B. Ceresia, Jr. of the New York State Supreme Court for Rensselaer County in Matter of Paul R. Plante v. The New York State of Mental Health et al., Rensselaer County Index No. 203712, by Barbara A. Soldano, wherein was stated as follows:
BARBARA A. SOLDANO, being duly sworn, deposes and says:
1. I am employed by the New York State Office of Mental Health (“OMH”) as the Chairperson of OMH’s Clinical Record Access Committee (“Committee”).
I am a respondent in this proceeding.
2. I make this affidavit in opposition to the amended petition, in opposition to petitioner’s (Paul R. Plante) motion for summary judgment, and in support of the answer submitted by the State respondents, which includes myself, OMH, and the New York State Commissioner of Mental Health, James L. Stone.
3. This affidavit is based on my experience as Chairperson of the Committee, my understanding of the Mental Hygiene Law, my personal knowledge of the events relevant to this proceeding and my review of relevant documentation maintained by the Committee.
4. In this proceeding, petitioner Paul R. Plante challenges a determination made by me, in my capacity as Committee Chairperson, on October 31, 2001.
As detailed below, my determination affirmed another respondent’s (Bernadette Rotter Hallam) decision to deny Mr. Plante access to particular clinical records, pursuant to the provisions of Mental Hygiene Law 33.16(c)(4).
5. Specifically, petitioner (Plante) seeks disclosure of two names which were redacted from two particular documents.
Copies of the redacted versions, which were provided to the committee by Mr. Plante upon his appeal, are annexed hereto as Exhibits A and B.
6. Exhibit A, dated August 22, 2001 is a document entitled “Samaritan Hospital Behavioral Health Crisis Department” and dated August 22, 2001.
The document states that, based on information provided by a person whose name was redacted, a “9.45 order” was prepared and sent by facsimile to police officers.
According to Exhibit A, the unidentified informant advised that petitioner (Plante) was, among other things, “making threats and threatening bloodshed”. See Exhibit A.
***********
8. Exhibit B, dated August 22, 2001 is entitled “Emergency or C.P.E.P. Emergency Admission …. Custody/Transport Of a Person Alleged To Be Mentally Ill To A Hospital Approved To Receive Emergency or C.P.E.P. Emergency Admissions.”
The form contains information under the section entitled “9.45 Mental Hygiene Law” and “Request By A Director of Community Services or Designee”.
In short, this form appears to be the “9.45 Order” referenced in Exhibit A.
9. Exhibit B contains a statement by “the designee of the Director of Community Services for Rensselaer”, whose name was redacted from the form, that “It has been reported to me that Paul Plante has a mental illness for which immediate care in a hospital is appropriate and which is likely to result in serious harm to him/herself or others.”
The form further directs the New York State Police to take petitioner (Plante) into custody and transport him to Samaritan Hospital or the Veteran’s Administration Hospital.
10. Apparently, pursuant to the “9.45 Order”, petitioner (Plante) was brought to Samaritan Hospital on August 22, 2001.
end quotes
Paragraph 10, of course is a patently false sworn statement, as the suppressed Albany police officer’s sworn affidavit clearly shows, but no matter, because making and filing false statements by public officials in New York State is standard fare, especially in cases of political retaliation.
So what really gives here?
Why did this Ned dude really go down?
Paul Plante, NYSPE
http://www.talk1300report.com/2016/06/f ... ment-15893
Re: THE TALK-1300 REPORT
DATE: Jul 01, 2016
This TALK RADIO 1300 site I have been copying these posts from has abruptly disappeared from CYBERSPACE without a trace, taking all of these Paul Plante posts with it ...
That does not bode well for Paul Plante's safety is my thought …
This TALK RADIO 1300 site I have been copying these posts from has abruptly disappeared from CYBERSPACE without a trace, taking all of these Paul Plante posts with it ...
That does not bode well for Paul Plante's safety is my thought …
Re: THE TALK-1300 REPORT
*********
DATE: Jul 05, 2016
Today, I was finally able to connect with someone at TALK RADIO 1300 to find out what happened to Jim Franco and the TALK 1300 REPORT where all of these posts by Paul Plante were posted ...
According to this person, the TALK 1300 REPORT has been shut down and Jim Franco is gone ...
He has been silenced ...
"We decided to go in a different direction," is what this person said to me ...
A safer direction, since power in New York State does not like the truth to be spoken, and up here it crushes whoever shall try ...
I fear for Jim Franco, actually ...
He will be blackballed like Paul Plante was, which will effectively end his 20-year career in the media ...
Anyone besides me who would like to question why Jim Franco has been silenced can call TALK 1300 radio at (518) 813-4975, and hit 2 for Executive Producer Angela Rosetti, or 3 for Paul Vandenburgh, the station manager ...
Or they can be reached by e-mail at:
PaulV@talk1300.com
AngelaR@talk1300.com
It would be appreciated, for silencing Jim Franco was a very cowardly act, indeed ...
And so …
DATE: Jul 05, 2016
Today, I was finally able to connect with someone at TALK RADIO 1300 to find out what happened to Jim Franco and the TALK 1300 REPORT where all of these posts by Paul Plante were posted ...
According to this person, the TALK 1300 REPORT has been shut down and Jim Franco is gone ...
He has been silenced ...
"We decided to go in a different direction," is what this person said to me ...
A safer direction, since power in New York State does not like the truth to be spoken, and up here it crushes whoever shall try ...
I fear for Jim Franco, actually ...
He will be blackballed like Paul Plante was, which will effectively end his 20-year career in the media ...
Anyone besides me who would like to question why Jim Franco has been silenced can call TALK 1300 radio at (518) 813-4975, and hit 2 for Executive Producer Angela Rosetti, or 3 for Paul Vandenburgh, the station manager ...
Or they can be reached by e-mail at:
PaulV@talk1300.com
AngelaR@talk1300.com
It would be appreciated, for silencing Jim Franco was a very cowardly act, indeed ...
And so …
Re: THE TALK-1300 REPORT
DATE: Jul 06, 2016
It's heading towards 4 PM, and I still have not heard from Paul Vandenburgh, the station manager of Talk 1300 radio, as to why the TALK 1300 REPORT abruptly vanished just before a long holiday weekend ...
I e-mailed him, and I called him and left a message.
No reply, either way, nor do I expect one, to be truthful, as Paul Vandenburgh is a "go along to get along" kind of guy who tosses softballs to people in positions of power, as opposed to confronting them, as Jim Franco was doing and allowing to be done on the TALK 1300 REPORT ...
Given the fact that Jim Franco was abruptly silenced just before a long holiday weekend, and given the fact that not only all of his posts disappeared, but his Talk 1300 Twitter tweets, as well, I would say that he had been suppressed, stepped on, and hard, to set an example for others in the media as to what not to do ...
Paul Vandenburgh got what Alan Chartock calls "push back" from powerful people, and being gutless, he caved, and Jim Franco is now gone, perhaps to be blackballed ...
Jim Franco was a real breath of fresh air up here in corrupt New York state, and he certainly will be missed ...
Now, we are back to the narrative with no way to really challenge it ...
I'm not surprised that Jim Franco is gone, quite frankly ...
What surprises me is that he lasted so long ...
Take care, Jim, and best wishes!
It's heading towards 4 PM, and I still have not heard from Paul Vandenburgh, the station manager of Talk 1300 radio, as to why the TALK 1300 REPORT abruptly vanished just before a long holiday weekend ...
I e-mailed him, and I called him and left a message.
No reply, either way, nor do I expect one, to be truthful, as Paul Vandenburgh is a "go along to get along" kind of guy who tosses softballs to people in positions of power, as opposed to confronting them, as Jim Franco was doing and allowing to be done on the TALK 1300 REPORT ...
Given the fact that Jim Franco was abruptly silenced just before a long holiday weekend, and given the fact that not only all of his posts disappeared, but his Talk 1300 Twitter tweets, as well, I would say that he had been suppressed, stepped on, and hard, to set an example for others in the media as to what not to do ...
Paul Vandenburgh got what Alan Chartock calls "push back" from powerful people, and being gutless, he caved, and Jim Franco is now gone, perhaps to be blackballed ...
Jim Franco was a real breath of fresh air up here in corrupt New York state, and he certainly will be missed ...
Now, we are back to the narrative with no way to really challenge it ...
I'm not surprised that Jim Franco is gone, quite frankly ...
What surprises me is that he lasted so long ...
Take care, Jim, and best wishes!
Re: THE TALK-1300 REPORT
DATE: 8 July 2016
Angela Rosetti
Operations Manager
TALK 1300-WGDJ-AM,
C/O TU Center,
51 South Pearl Street,
Albany, NY 12207
RE: Suppression of TALK 1300 Report
Dear Angela:
Several days ago now, I sent an e-mail request to your radio station asking to know why the Talk 1300 Report was suddenly gone.
For the record, that e-mail request was never responded to, nor actually, did I expect it to be, to be entirely candid with you, based on what you had told me when I contacted you by phone to ask the same question.
By way of refreshing your memory, when I asked you why the Talk 1300 Report was suddenly gone, just before a long holiday weekend, along with Jim Franco's Twitter Tweets, your response was a terse "we decided to take that in a different direction."
That direction you chose to take, quite obviously, was to suppress the Talk 1300 Report, and with it, the truth that was being posted in there, truth you as Operations Manager obviously cannot handle.
Get it buried was your order, and so it was, the Talk 1300 Report disappearing from cyberspace as if it never had existed, along with all of Jim Franco's posts, which were embarrassing powerful political people locally and at the county level, and the state level, which violates the rules of neutered and gelded journalism in this state today, which is why so much corruption can exist right out in plain sight - because moral cowards like yourself, to prove your own political reliability, won't allow it to be questioned.
§8 of Article I of our NYS Constitution, the Bill of Rights, states in language a child is supposed to be able to comprehend and understand, or at least such was the case when I was in kindergarten, that "Every citizen may freely speak, write and publish his or her sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press."
But that obviously does not apply to you, because by suppressing the Talk 1300 Report as you did, you restrained and abridged the liberty of Jim Franco, which ranks as one of the most cowardly acts I have witnessed in the seventy years I have been alive.
Thankfully, I had the foresight some years ago to start my own blog that would be totally independent of cowardly censors like you, so some of Jim Franco's work at exposing the truth of politics in the Capitol District of New York state lives on, and will continue to do so for the foreseeable future, as will this correspondence to you.
Yes, Angela, you have the power to suppress the truth in New York state, I will hand you that.
But this is to inform you that with the advent of the internet being available to the common person, your power to totally suppress the truth has become limited, and thankfully so.
You are like something straight out of Orwell's "1984," where your version of truth can change in mid-sentence.
In that, you have become an anachronism, and through my own blog, I plan to make that point to a candid world that is now tuned in to what I say on another channel.
Sincerely,
Livyjr
Angela Rosetti
Operations Manager
TALK 1300-WGDJ-AM,
C/O TU Center,
51 South Pearl Street,
Albany, NY 12207
RE: Suppression of TALK 1300 Report
Dear Angela:
Several days ago now, I sent an e-mail request to your radio station asking to know why the Talk 1300 Report was suddenly gone.
For the record, that e-mail request was never responded to, nor actually, did I expect it to be, to be entirely candid with you, based on what you had told me when I contacted you by phone to ask the same question.
By way of refreshing your memory, when I asked you why the Talk 1300 Report was suddenly gone, just before a long holiday weekend, along with Jim Franco's Twitter Tweets, your response was a terse "we decided to take that in a different direction."
That direction you chose to take, quite obviously, was to suppress the Talk 1300 Report, and with it, the truth that was being posted in there, truth you as Operations Manager obviously cannot handle.
Get it buried was your order, and so it was, the Talk 1300 Report disappearing from cyberspace as if it never had existed, along with all of Jim Franco's posts, which were embarrassing powerful political people locally and at the county level, and the state level, which violates the rules of neutered and gelded journalism in this state today, which is why so much corruption can exist right out in plain sight - because moral cowards like yourself, to prove your own political reliability, won't allow it to be questioned.
§8 of Article I of our NYS Constitution, the Bill of Rights, states in language a child is supposed to be able to comprehend and understand, or at least such was the case when I was in kindergarten, that "Every citizen may freely speak, write and publish his or her sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press."
But that obviously does not apply to you, because by suppressing the Talk 1300 Report as you did, you restrained and abridged the liberty of Jim Franco, which ranks as one of the most cowardly acts I have witnessed in the seventy years I have been alive.
Thankfully, I had the foresight some years ago to start my own blog that would be totally independent of cowardly censors like you, so some of Jim Franco's work at exposing the truth of politics in the Capitol District of New York state lives on, and will continue to do so for the foreseeable future, as will this correspondence to you.
Yes, Angela, you have the power to suppress the truth in New York state, I will hand you that.
But this is to inform you that with the advent of the internet being available to the common person, your power to totally suppress the truth has become limited, and thankfully so.
You are like something straight out of Orwell's "1984," where your version of truth can change in mid-sentence.
In that, you have become an anachronism, and through my own blog, I plan to make that point to a candid world that is now tuned in to what I say on another channel.
Sincerely,
Livyjr