loop. 11 RO\· 6/10

...

I Case Number

Personnel Complaint-- Wo.rk
Sheet
. -. .
.

.

ISub T~oe:

Tvoe: Personnel
Initiated By:

.

.

I incident Date: 11 /30/20

I

I ClV: C5455

IB]C = Citizen □ s = NYSP

I

~ Troop

Detail

Incident Time: 6:25PM
Level of lnvestiqatiori

D

4

ID

Survey
Mode Received
D ln Person □ Letter 1181 Phone
□ EMail
□ Fax
Synopsis of Complaint Complainant alleged T/Sgt. Brenon and Tpr. Lamonica failed to take proper police
action upon receipt of an in-progress public lewdness complaint.

I

I

·.

····-···

SubiecUsl of Complaint
Employee ID #

~

Last Name

First Name

Brenon

Karl

Lamonica

Jared

Comolainant Information lif Member see below)

Ml

· -.

Work Phone

Member Information (if comolainant)
Employee ID #

1/15/07

L

~
Home Phone

Maiden Name

10/2/89

Address

Name

EOD

-

-

City & State

Zip Code

Cell Phone

TZS

Rank/Name

Administrative Notification Informat ion -Dates are reauired - Times are desirable
Receiving Member

-----

Employee ID #

'"

Rank/Name

Date

Time

SgUSC Nathaniel Phelps

11/30/20

6:35 PM

Date

Time

Lieutenant Jason M. Cease

11/30/20

6:47 PM

Rank/Name of Member Notifying Troop

Date

Time

Sgt/SC Nathaniel E. Phelps

11/30/20

6:47 PM

Date

Ti me

Troop Notification

Employee ID#

Employee ID #

Rank/Name of Member at Troop Notified

Division Notification
Employee ID #

Employee ID #

Employee ID #

Rank/Name of Member at Division (or Duty Officer) Notified

Major Michael J. White

12/2/20

10:40 AM

Rank/Name of Member Reporti ng Complaint to Division

Date

Time

Major Todd 0 . Stratton

12/2/20

10:40 AM

Rank/Name of Investigati ng Member

Date

Time

Captain Samuel P. Spezio

12/3/20

4:00 PM

Some fields have a built-In Help feature that will work when opened with Word. Wlth the cursor on the field,
you may click F1 to invoke Help or check the status bar on thG lower left for tips on data entry.

PROFESSIONAL STANDARDS BUREAU
PERSONNEL COMPLAINT TRACKING
DCN: 2020-0406

CTV: C5455

· REGION: C

LEVEL:4

TYrE:,Personnel Complaint

Troo or Detail: PSB-CRO
Stuff Inspector: Michael J. White
SUBJECT HISTORY REVIEWED?

l8J

AUDIO?

0

VIDEO'l

0

Date: 4/29/21
ON PROB/\TION?

0

ALLEGATION T/Sgt. Karl Breuon and Tpr. Jl!rcd L. Lamonica failed to take proper police action upon r~elpt ofan inro rcss ublie lewdness com laint.
SYNOPSIS: On November 30, 2020, Technical Sergeant KarJ Brenon. SP Oneida, encl Trooper Jared L. Lamonica> SP

Middletown, were involved in a criminal investigation while assigned to a commercial vehicle check oint at the Nichols
Rest Area offRoute 17 in iioga County. Investigation into th1s matter revealed that Mr. reported an inprogress sex offense to bot!.~Members which resulted in 1heir failure to thoroughly investigatethe mci ent and take proper
police action. Neither Member documented their investigative steps in Spectrum Justice System nor tnade timely
notiticalion to the Bureau of Criminal Investigations. Both Members exhibited a reluctance to perfonn their duties. As a
result oflheir initial response, Mr. left the scene and subsequently contacted a local State Police barracks to further
this investigation which eventuaJl~ded with a criminal arrest of the perpetrator. It was determined that tl1eaclio11s
taken by Technical Sergeant Brenon and Trooper Lamonica were in direct violation with the following Rules and
Regulations of the New York State Police Manual:
Regula/ion 8A2: It shall be Jhe duty ofall Members co s111dy and comply with rhe R11/es, Regulations and J11strucllons.
SJJl!c[fically Jhe New York Stale Police Spec/rum Justice System (SJS) Manual that stales:
1~;
1. An SJS Incident wl/l be creaJed lo docmnent all calls for service, invesJigaliorts, moior vehicle accidem

investigations, warrants and a1'l'ests.
2. Members will document the details ofihe incident lnvastigation, arrest and/or warrant entirely within SJS.
9. At a minimum, all SJS incidents require a narrative entry describing the event and actions taken by Members.
This entry must be completed prior to the end of the Member~ shift. Descriptive information on persons, vehicles
and property are to be entel'ed within the 1·elevant SJS tabs.
V. Specific Roles and Responsibililie.r:
CJ. Uniform I11vestigations Turned Over To (FOT) the BC/ - The UF Member who iniliales the investigation is
responsible for the timely notification ofJhe BCJ.

Technical Serge.ant Brenon and Trooper Lamonica failed to create n SJS Incident, document subjects that. were
interviewed, the sUspect's vehicle, or their investigative sleps that were taken. Additionally, the reported sex offense,
Public Lewdness, is an offense which ultimately needs to be turned over to the BCI. Neither member mndc any notification

to the BCI.
Regulation 8A4: Jr shall be the duty ofaf/ Members to take propel' pol~e acnon when an offense ofthe. law occtll's within
theirjurisdfction.
·

The suspect, who eve!ltually became identified by Investigator Allen at a later date, admitted dut'ing an interview
that he W3S masturbating at the urinal in order for him to subsequentJy urinate. The complainant advised both Members that
he witnessed this lewd act. Technical Sergeant Brenon's and Trooper Lamonica~s investigative efforts should have resulted
in securing a supporting deposition from the con1plainant and arresting the suspect for the crime that was committed.
Regulation 8A8: A Member shall not acr in a manneJ• tending IO bring discredit upon the Division.

Technical Sergeant Brenon and Trooper Lamonica failed to document their investigative steps in SJS, including
information pertaining to the suspect and his vehicle that was utilized that day. Investigator Allen had relatively little
information to work with due to this lack of documentation. To exacerbate matters, the same complainant who felt
dismissed while initially reporting these circumstances, subsequently utilized the same rest area over two weeks removed
from the incident dale and recognized the suspect in his vehicle. M r . - obtained the registration number which led
to further investigative efforts by Jnvestjgator Allen, up to and inclu ~arrest of the perpetrator.

Regulation A9: A [ember· may be determ ined to be incompetent nd ubje t to di · ip/inary action in a cord with the
Rule · o the Divi ion if in th pe,.forman · of )jji ·ial dutie , the Member exhibit a r luct nee to perform dulie .
Technical rgeant Brenon interviewed the uspect et n ver a tu all a ked him if he exposed him If in any,; ay.
Trooper Lamonica advised the complainant that it cou]d be up to an hour for a local patrol to respond and assist. Me also
ad i ed the complainant that per the restroom attendant the male subject uffered from a medical condition that made it
difficult for him to urinate. '!bat infonnation was never verified by the uspect or Technical ergeant Brenon afler his
intervie, . The e tw topic that rooper Lamonica discus ed ith t1\ complainant appeared to be an att mpt to discourage
the complainant from continuing the reporting proce s. dditionall , Trooper Lamonica offer d no other option fi r the
complainant to properly report and d ument this incident.
o prior complaints f similar circumstances noted. I recommend this case be '
administrative action taken.

Finding or ln vc ·tigation: [8l

oundcd

R commend d Level or djudication :

D
D

djudicated at Troop□

11foundcd

roop Le el

Date:

lo e

·ounded" with appropriate

D ns ub tantiatcd
181 Di i ion el
Dispo ition:

mjw

..
, nor pr pcrly d
blc to offer u cful
ucntly nrrcstcd the su pe t (hc ndrnill

10 tho:. ime. tigatin

Finding of lnvc tigatlon: [8l founded
Recommended Level of

D

t

D

Unfou nded

djudication: [81 Troop Level

c111il in a rest area in Tioga C unly
c k..:.d th rc·rroom ond I'/ gt Brcnon
ainant I, tcr ,,.cnl to local barrack and
the identity fthc u pc t intcrvic1\cd.
ton1ha1 he had d n..:).

.
c

D Divi

lo ed b In e tigation

ion Level

o l G reg ry . his i a founded complain t. howe er its ccurrcncc w unu ual and there arc several mirigati n°
actor that would negate 1he need for Divi ·ion level di cipline, a 111igh1 be the case in oth r matter I ith similar ch rge .

i i n Le el Recomm ndcd
Troop Le
orwarded to First De ut u erintendent:
elldeat
Direction:

e(l-,<.. r'~ri + L.A-M

0

Troop Le el- Return to
Date Forwarded to
0 Troop Le e.l
Date

I

hid lllllpecto.r

otified: _ _ _ _ _ __

r.)/""1 ,c.JJ

I Recomm ended

.

s

z , o o Level •· Forward lo Divi ion
otified_ _ _ _ __

otified by Whom:. _ __ _ _ _ __

s

Al-/) l(f

oun s I

4

w

State

ATE

Police

RK

DOMINICK L. CHIUMENTO
Deputy Superintendent

ANDREW M. CUOMO
Governor
July 12 2021

Technical Sergeant Karl Brenon
New York State Pol ice

Tr op D
Oneida, New York
Re:

DC : 2020-0406
LETTER OF CENSURE

D ar Technical erg ant Brenon:
On ovember 30, 2020, whil a igned to a commercial erucle ch kpoint at th
Ni.chols Rest Area in Tioga county. a rest area patron advised you and another member of an inprogress sex offense, which was occurring in the men s restroom. You did not conduct a thorough
investigation at the scene nor did you enter any information received about the allegation into the
pectrum Ju tice y tern later. The complainant ultimate} left th r st area and contacted a local
tate Police tation to further the investigation, which led to the arre t of the perp trator.

You failed to take proper police action during this incident and brought discredit
upon the Division.
Ace rdingly, you are hereby formally censured. Additionally two (2) days of
Annual Leave will be deducted from your existing Annual Leav accruals.
For, in the absence of, the Fir t Deputy uperintendent.
incerely,

Dominick L. Chiumento
Deputy uperintendent

Building 22, 1220 Washington Avenue, Albany, NY 12226 I www.troopers.ny.gov

NEW YORK STATE POLICE
OFJ;ICE OF THE FIRST. DEPUTY SUPERINTENDENT
MEMORANDUM

Date: Ju_ly 7, 2021

To:

.

.

Technical Sergeant Karl Branon, Troop D
New York State Police, Oneida, New York

Fr~m:
Subject:

. Deputy Superlntendent Qominick L. Chi~me9--PERSONNEL INVESTIGATION

Pursuant to Rule 3 of the New York State Police, I have reviewed the report of
an investigation into your activities on No~niber 30, 2020.
·
.
·
On that date, while assigned to a commercial vehicle checkpoint at the
. Nichols Rest Area in Tioga county, a rest area patron advised you and another member of
· an in~pragress sex offen!;ie; which was occ.urring in the men's restroom.. You dil;i not
con du ct a thorough investigation at the scene, nor did you enter any information received
about the allegation into the Spectrum Justice System later. The CQmplaln19-nt ultimately left
-the r~st area and contacted ~ local State Police statipn to furthe'r the investigation, which
led to the arrest of the perpetrator.
You failed to take proper. police action during this incident and brought
discredit upon the Division.
I find reasonable cause to believe that your conduct vlolated Regulatior:is of
the State Polic~. including Regulation 8A8.

rt is my judgment that you lose three~ days of Annual Leave and receive a
formal censure. ·
Rule 3.5 6f the New York State Police Members Manual sets forth the
procedures you are to follow.
For. and .Jn the absence of, the First Deputy Superintendent. ·

FIRST ENDORSEMENT

TO:

Major Darrin S. Pitkin, Troop D
New York State Police, Oneida, New York

FROM:

Technical Sergeant Karl Brenon, Troop D
New York state Police, Oneida, NewYork

•21)

Ju\~ ~,

DATE:

SUBJECT:

{JO{)/

PERSONNEL INVESTIGATION

Pursuant to Rule 3.5 of the New York State Pol[ce, member:

~

Accepts the penalty imposed by the First

Deputy Superintendent.
0 _

I decline to accept the penalty" imposed by the
First Deputy Superintendent I request, pursuant
to Rute 3.5(b), t,hat formal charges be prepared
and served upon me, that a hearing ·board be
appointed and a hearing conducted. I understand
that the penalty jmposed by the· First l;)eputy
Superintendent will be withdrawn-and will not be
binding on the hearing board, or the
Super{ntendent, once charges are execute~.
SECOND ENDORSEMENT

TO:

Deputy Superintendent Dominick L. Chiumento

FROM:

Major Darrin S. Pitki~, Troop D ~ .
New York State Police, Oneida, New York

DATE:

SUBJECT:

-:Yu \vi ~,

•

61 oQ f

PERSONNEL INVESTIGATION
Fmwarded for appropriate action.

FIRST ENDORSEMENT

TO:

Major Darrin S. Pitkin, Troop D
New York State Police, Oneida, Ne~ York

FROM:

Technical Sergeant Karl Brenma-1 Troop D
New York State Police, Oneida, New York

DATE:.

SUBJECT:

PERSONNEL ·INVESTIGATION

Pursuant to Rule 3.5 of the New York State Police, member:
□

Accepts the penalty imposed by the First
Deputy Superintendent.

□

I decline to accept the penalty imposed by the
First Deputy Superintendent. I request, pursuant
to Rule 3.5(b), that formal charges be prepared
and served upon me, that a ·hearing board be
appointed and a hearing conducted. I understand
that the penalty .imposed by the First Qeputy
Superintendent will be withdrawn and will not be
binding on the hearing board, or the
Superintendent, once charges are executed.
1

SECOND ENDORSEMENT

TO:

Deputy Superintendent Dominick L. Chiumento

FROM:

·Major Darrin S. Pitkin, Troop D
New York S~te Police, Oneida, New York

DATE:

SUB.JECT:

PERSONNEL INVESTIGATION

Forwarded for aP,propriate action.

4

w

State

ATE

Police

RK

ANDREW M. CUOMO

DOMINICK L. CHIUMENTO
Deputy Superintendent

Governor

July 12 2021

Trooper Jared L. Lamonica
ew York tate Police
Troop F
Middletown New York
Re:

DCN: 2020-0406

LETTER OF CENS RE
Dear Trooper Lamonica:
On Novemb r 30 2020, whlle assigned to a commercial vehicle checkpoint at the
Nichol Re t Area in Tioga county, a re t area patron advis d you and another member of an inprogres sex offense which wa occurring in the men's re troom. You did not conduct a thorough
inve tigation at the scene nor did you enter any information received about the allegation into the
Sp ctrum Justice System later. The complainant ultimately left the re t area and contacted a local
tate P lice station to further the investigation which led to the arre t of the perpetrator.
You fai led to take proper police action during this incident and brought discredit
upon the Divi ion.
Annual Lea

Accordingly, y u are her b formally censured. Additional! , three (3 days of
will be deducted from your exi ting Annual Leave accruals.
For, in the absence of, the First Deputy Superintendent.
in rely,

b)Jt
Dominick L. Chiwnento
Deputy uperintendent

Building 22, 122.0 Washington Avenue, Albany, NY 12226 I www.troopers.ny.gov

NEW YORK STATE POLICE

OFFICE OF THE FIRST Df;:PUTY SUPERINTENDENT
MEMORANDUM

Date: July 7, 2021

To:

Trooper Jared L. Lamonica, Troop F
New York State Police, Middletown, New Yors-

From:

Deputy Superintendent Dominick L. Chiumento

Subject:

PERSONNEL INVESTIGATION

.

Pursuant to Rule 3 of the New York State Police, I have reviewed the report of
an invesfigation into your activities pn November 30, 2020.
On that date, while assigned to a commerciaJ vehicle checkpoint at the
Nichols Rest Area in Tioga county, a rest area patron advised you and another member of
an in-progress sex offense, wnich was occurring in the men's restroom. You did not
conduct a thorough investigation at the scene 1 nor did you enter any information. received
about the all~gation into the Spectrum Justice System later. Tfle complainant ultimately left
the rest area and contacted a local State Police station to further the investigation; which
led to the arr~st of the perpetrater.
·

.

.

You failed to take proper police action during this incident and brought
discredit upon the Division.

I flrid reasonable .cause to belfeve that your conduct violated Regulations of
the State Police, including Regulation 8AB.
·
It is my judgment that you lose three.(3) days of Annual Leave and receive a
formal censure.
Rule· 3.5 of the New York State Police Members Manual sets forth the
procedures you are to follow.
For, an.d in the absence of, the First Deputy Superintendent.

FIRST ENDORSEMENT

TO:

Major Paul M. DeQuarto, Tfoop F
New York State Police, Middletown, New York

FROM:

Trooper Jared L. Lamonica, Troop
New York State Police, Middletown, Ne'fl York

~

?(d,1

DATE:

PERSONNEL INVESTIGATION

SUBJECT:

Pursuant to Rule 3.5 of the New York State Police, member:

~
IJ

Accepts the penalty imposed by the First
Deputy Superintendent.

I decline to accept the penalty imposed by the
First Deputy Superintendent. I request, pursuant
to Rule 3.5(b), that formal charges be prepared
and served upon me, that a·· hearing board be
appointed and a hearing conducted. I understand
that the pe~alty imposed by the First Deputy
S!,Jperintendent will be withdrawn and will not be
binding on the hearing board, or the
Superintendent, once charges are executed.
SECOND ENDORSEMENT

TO:

Deputy. Superintendent Dominick L. Ch©.
nto

FROM:

Major Paul M. DeQuarto, Troop F

New York $tate Police, Middletown, N w Yo
DATE:

::rlA t~ Z I 2- D '2.. t

SUBJECT:

PERSONNEL INVESTIGATION
Forwarded for appropriate action.

I•

NEW YORK STATE' POLICE
OFFICE OF THE FIRST DEPUTY SUPERINTENDENT
MEMORANDUM
Date: July 7, 2021

-

To:

Tr.coper Jared L. Lamonica, Troop F
New Yorl< State Police, Middletown, New Y ~

From:

Dep~ty. Superinten~ent Dominick L. Chiumento

Subject_:

PERSONNEL INVESTIGATION

·

Pursuant to Rule 3 of the New York State Ponce, l·have reviewed the report of
an investigation into your activities on November 30, .2020.
. On that date, _while assigned to a commercial vehicle chec~point at the
Nichols Rest Area in Tioga counfy, a rest area patron advised you and another member of ·
an in~progress sex offense, which was o~curring in the men's restroom. You did not
conduct a thorough investigation at the scene, nor did you enter any infonnation received
about the all~ation into the Spectrum Justice System later. Ttle·complainant ultimately left
th~ rest area and contacted a local State Police station to further the investigation; which
led to the arrest of the perpetrator.
You failed to take proper police action during this incident and brought
discredit upon the Division.

I find reasonable cause to believe-that your conduct violated Regulations of
the State Police, including· Regulation BAB.
It is my judgment that you lose three (3) days of Annual Leave and receive a
formal censure.
·
Rule 3.5 of the New York State Police Members Manual sets forth tl1e
procedures you .are to follow.
For, and in the absence of. ~he First Deputy Superintendent.

,.

FJRST ENDORSEMENT

TO:

Major Paul M., DeQuarto, Troop F
N~w York State Police, Middletown, New York

FROM:

Trooper Jared L. Lamonica, Troop F
New York State Policel Middletown, New York

DATE:
-

SUBJECT:

PERSONNEL ·_INVESTIGATION

Pursuant to Rule 3.5 of the New York State Police, member:
□

Accepts the penalty imposed by the First
Deputy Superintendent. .

□

I decline to accept the penalty ·imposed by the
First Deputy Superintendent. I request, pursuant
to Rule 3.5(b), that formal charges--be prepared
a,nd served upon me, ttiat a· hearing board b~.
appointed and.a hearing conducted. I understand
that the penalty imposed by the First Depl.!ty
S~perintendent will be wit,hdrawn and will not be
binding on the hearing board, or the
Superintendent, once charges are exl;lcuted.

-i

SECOND ENDQRSEMENT.

TO:

Deputy Sup~rintendent Dominick L. Chiumento

FROM:

Major 'Paul M. DeQuarto, Troop F
New York State· Police, Middletown, New York

DATE:

SUBJECT:

PER~ONNEL INVESTIGA1101\1

Forwarded for appropriate action.

GENL.30 (REV 2100)

NEW YORK STATE POLICE
COVER PAGE
REl"ORTING TROOP

TITLE OF CASE

Technical Sergeant Karl Brenon
BOD: 10/2/891 SP Oneida

H

C
DATE OF OCCURRED

4/29/21
CTVCOOE

lZS

11/30/20

Trooper Jared L. Lamonica
BOD: 1/15/07, SP Middletown

DATE OF REPOR'T

MANAGING TROOP

C5455

C331

INVESTIGATIVE PERIOD

TYPED BY

12/3/20 - 4/29/21

sps

~~
Caplain Samuel P. SpeziJ

SHIELD

REP0RT OF

CHARACTER Of CASE - (CC cooe)

STATION

COMPLAINT AGAINST PERSONNEL
(PCT0l0O)

CASE#

PSB - Central
STATUS ~ CASE
0 CA a C/EC Cl CIINV

REFERENCES:

Report of Personnel Tnvestigatlon #2020-0406.

ENCLOSURES:

To Division Headquarters.

1. Supporting Deposition·(Criminal) of Mt.
Supporting Depositio-·strative) I

2.
3.

4.
·· 5.
6.

2020-0406

O C/UNP

D C/lJNS

December 2, 2020.
dated December. 2, 2020.
SJS Incident Report r
and asSOC1
n for Mr.
e •
'
Target Interrogation transcnp of Technical Sergeant Karl Brenon. dated.Fe
. Target Interrogation transcript of Trooper Jared L. Lamonica, dated February 22, 2021.
Comp~ct Disk containing digital audio recordings of statements; Brenon and Lamonica.

DISTRIBlITION:
('31) DHQ (□) TROOP

' I

I

•

•

•

I

I

•

111

•

FOR TROOP/DIVISlON HEADQUARTERS USE ONLY
(□)

OTHER;

APPROVED:

ZONE-------,------- - - - -

IBOOP _ _ _ _ _ _ _ __
DHQ

1286

_

_ __ __

_

DESTROY IN 20 _ __

INITIALS _

PERMANENT RETENTIOM,_ __

_ __ _ __

INITIALS

RCN

_ _ __

_

_ __

GENL,31 (004)

REPORT
SYNOPSIS: On November 30, 2020, Technical Sergeant Karl Brenon, SP O~eida, and Trooper Jared
L. Lamonica, SP Middletown, were involved in a criminal investigation while assigned to a
commercial vehicle checkpoint at the Nichols Rest Area off Route 17 in Tioga County. Investigation
into this matter revealed that Mr. . . . . 111111111111 reported an in-progress sex offense to both
Members which resulted in their failiire1a11·1oroug1ily investigate the incident and take proper police
action. N~ither Member documented their investigative steps in Spectrum Justice System nor made
timely notification to the Bureau of Criminal investigations. Both Members exhibited a reluctance to
perform their duties. As a result of their initial response, Mr. left the scene and subsequently
contacted a local State Poli~e barracks to further this investi~ich eventually concluded with a
criminal arrest of the perpetrator. Each of these allegations are "Founded". I recommend this matter
be "Closed/Founded", with appropriate administrative action taken.
DETAILS:
AT PROFESSIONAL STANDARDS BUREAU - CENTRAL. LIVERPOOL, NEW YORK

On December 3, 2020, Staff Inspector Michael J. White, Professional Standards Bureau Central, advised me that he was notified by Major Todd 0. Stratton, Troop 11 C" Commander,
regarding a report of a sex offense. that was investigated by Technical Serge~nt Karl Brenon
and Trooper Jared L. Lamonica that occurred on November 30, 2020 while conducting a
commercial vehlcie checkpoint at the Nichols Rest Area in Tioga County. Complainant, Mr.
- ~ alleged Technical Sergeant Brenon and Trooper Lamonica failed to take
proper poTice"'actio"n upon receipt of an in-progress, public lewdness complaint. Inspector White
assigned me to investigate.
2.

On December 3, 2020, I reviewed SJS tallll in relation to this ·complaint. The following is
a summary of the investigative steps 1akeri""ey""i1New York State Police:
•

December 1, 2020: Investigator Jeremiah R. Allen, SP Owego, inteiviewed

-

(DOB:

Mr.), who

stated th.at on November 30, 2020, he stopped to use the restroom at the Nichols Rest Area
off Route 17 in Tjoga County. As he entered the facility, he observed a male subject
standing in front of a urinal with his head against the wall. He stated he made the comment,
"We've all been there buddy" because it appeared the male was having a bad day. Shortly

after, Mr,

observed the male masturbating with his erect.penis while looking at his

direction. ·
verbally confronted the male about llis actions not being
appropriate in a ttton· to l~w enforcement being in the rest area. The unknown male
placed bis penis ~ack into his pants and did not verbally comment. Mr. stated that .
he exited the restroom and immediately summoned two New York State Police Commercial
Vehicle Enforcement Unit members, later determined to be Technical Sergeant Kad Brenon
and Trooper Jared Lamonica, about his concerns. Mr.1111111111111 stated that the unknovm
male also exited the facility and was walking toward ~ g area. He stated that
Sergeant Brenon went over to stop the' male in question as he was attempting to.exit the rest
area in his vehicle. At that same time, Trooper Lamonica approached his location to speak
about this incide11t further. Mr. stated 1hat Trooper Lamoni~ never identified
himself and never asked him for "Jiis"'6asrc pedigree infonnatioo.. Mr. 1111111111111 stated that
Trooper Lam~mica interviewed a rest area attendant and came back~rm that the
unknown male subject suffers from a medical condition, ..kind of like IBS." Trooper

Lamonica stated that if the co~plainant pressed charges, that they'd be dropped. He also
,allegedly alluded to being tied up for ai1,extensive period to wait for. a r~oc,ding Trooper
to take his ~eposition, upwards of twq hoUTS. Mr. - - stated that he was t;1pset and felt
that his complaint was being dismissed ·by Troope""r"'uimonica. He returned -to bis vehicle
and contacted the nearest State Police barracks to,continue his compl~int. He subsequently
met with Investigator Thomas J. Khork, ·SP BathJ and Lieutenant Ryan L. Bentley,.SP B_ath

on 12/2/20 to provide a criminal and administrative depositions.
A copy· of these supporting depositions are attached to this report as Enclosures #1 & -#2
respectiyely.

•

On December ~ -2020: lnve~tigator Aµen interviewed rest stop ·attendant~ ·Mr-. stated ·that he felt ilie complainant; ·Mr. . . . . appeareJ"'to""6e
'«foolong to cause .probl~ms." Mr. stated that he spoke"'wrni"'aTrooper relative to
. the unknown male and stated tha't"'tiestops in the rest area frequently. and that he
believed he deals with some sort of prostate issue~ He-has observed the male's head
against the. wall as he stands in front of a urinal in the past and has offered assistance
that has not been sought ?.Y the subject. Mr,
stated that he heard the complainant
utter,, "T:hat'.s New York's finest'' to the Trooper at one point prio:r to walking away. Mr. stated that he did not know·the identity of the· male subject but will provide
his license plate infonnation if be ob~erves h4n at the rest area again.
·

-

Mr.11111

Ill

•

Ori:- De·c ember· 15, 2020: Mr. . . . . advised Investigator Allen that he stopped·
through the Nichols Rest ,Area oii"ii7w20 and observed a vehicle thar he believed to
be .involved •in the original ·incident He provided the New York State Registration to
Investigator Allen -for further review.

•

On Janu~ 17, 2021: Investigator Allen arrested Mr. . . . . for Public Lewdness. He
was released' on an ,App~ce, Ticket returnable t~own .of- Owego Court on
January 26, 2021 at .9:00 am.
A copy of the arrest package compiled .by Investigator Allen is attached to this report as

Enclosure #3. ·
3.

Ort Febi:uary 10, _2021, I telephonically contacted Mr. regarding his concerns. He
reiterated $at Technical Sergeatit Brenon.appeared to have r~poniied as.he expected given the

1 Mr. . . . . . . . . the Trooper as baldin~ approximately 6'3"~ with a stock):' build. Mf.-:,-vas referencipg
T e c h n ~ n o n for the record.

circumstances. Mr. - - stated that Trooper. Lamonica appeared to be. dismissive of his

complaint. by indica~e-could be there, for a couple of hours ,before a. Trooper could
respond .to take ·his deposition. Trooper Lamonica allegedly also suggested that .tbere was no
pojnt in n;i<lki.ng a criminal arrest based· on the information proylded ·by the rest area attendant,
·who· suggested the unknown mak may ~ve a m~cal issue while ~nating. Mr. - reiterated infonnation that he previously provided in ·supporting depositions relatect""'to""i
.inciderit.and did not:have anything further to add.regarc;ling this matter.
4.

On February 18, 2021, Technic;al Sergeant Karl Brenon ~peare<l at Professional Standards
Bureau ~ Central Regionar Office for an administJ:ative statement.· He was· aware of his
Employee Rights and· was present with PBA Attorney, Maria Morris, and bis PBA. union
representative, Zone Sergeant John J. Conboy, throughout the· entire target interrogation.
Technical Sergeant Brenon stated that he was the supervisor for a commercial vehicle
checkpoint at the Tioga Rest Area i,n Nicb,ols during this incident. He explained that a male
came ·out of the restroom yelling and waving -his arm, call$ing Trooper .Jar~d· Lamonica and him
to .respond to that location. The: complainant stated that an unknown male subject was
masturbating ·.in the restroom facility ·and was last ,seen walking toward the parking area.
Technical Sergeant B,renon explained that :the con,.plainant never actually s~w the :male'§ penis,

however, just knew µe was masturbating from ,his hand gestures while standing at the urinal.
When .asked if he was willing to provide a statement, Technical Sergeant Brerton stated that the
male was verbally hesib\nt and later inquired why the State Police can't just an-~st hiin without
his involvement.

Technical Sergeant Brenon then observed a vehicle that was backing .out of a.parking space and_
·responded ~o the pai:king area. He. immedic\,tely stopped the, vehicle ;md, asked tp.e operator
what happened inslde· of the restroom2• The operator acknowledged being yelled at by the
complainant and stated that he was looking at him because he didn't have bis f~cemask on.
Technfoal Se.rgeatLt Brenon explained that the operator mentioned he· was having trouble
urinating due· to a medical condrtion3• The operator, when asked, could not offer an
explanation as to, why the complainant was yelling bun. Technical Sergeant 13.renon obtained
· tbeoperator)s driver>,s license and registration•andd9cumented that infom:iation. He stated that

at

a restroom attendant was inter.viewed and. indicated that he observes ,the male subject often:
The attenc.lant confirmed that he has observed him standing at a urinal for twenty minutes with

'his head.against the wall and just assumed. he· had, "a medical problem or .mental issues." The
.attendant had previously inqqired if the Il!ale subject needed. any help which w:~ never
accepted by the male. Technical Sergeant Brenon stated that he did not obtain pedigree
information for the attendant or the complainant. He stated that the complainant eventually
stormed away .from Trooper Lamonica, ma]ci~g a comment .relative to, ''this is bureaucratic

bullshit" ana- eventually ..left the rest area.

Technical Sergeant Brenon explained that he
overh~4 Trooper Lamonica previously mentioning to the complainant that it could be five
minutes or an hour for someone to respond, but they wm get someone there .to help him. After
the complainant lef4 Technical Sergeant Brenon· advised' the operator that he was .all set and
assisted him into traffic to exit the rest area.
T~cal Sergeaµt Brenc:,n stated th~ he never directed Trooper Lamoni,ca to dQcwnent this
complaint in SJS and did not do so himself. He i~~catf'!d that si~e
weren1t dispatched to

ther

2·Teclmicel

Sergeant Brenqn never asked the opera~r ifbe had been mastwliating·inside the restroom. He couldn't provide

reasoning stating specifi~ally, "l don't know why I didnrt ask him."
.
-3 The operator, Mr. . . . . . stated that he neve1 advised the J;rooper.~Qo1whis erection or about having-a medical
condition while b e ~ t tiie·rest area parking lot'. He stated tbm·he was embarrassed about the situation and
didu.'t want to make.the'Trooper uncomfortable.

a complaint, a.SJS w~sn?t "initiated for him and he didn•t bother maldng an entry. Technical
Sergeant Brenon further explained that he has .never documented. an incident ,ill, SJS 1hat he
wasn,t dispatched.to and was.not aware it was Division ·Policy to docuntent all calls for servi'ce.
He stated that he was later cont.acted by an Investigator .from "tqe- State Police who was
conducting a criminal investigation into the incident. When asked for the operator's pedigree
information, Technicar Sergeant Brenon stated that he cpuld not provide it because he, "threw it
~way by accident that night with the rest of his papers~ assuming that it wasn't going
anywhere."
-.,
A copy of the.signed ttan$Cription of this s~ement is attacl;Ied as Enclo_sure #4.
AT PROFESSIONAL STANDARDS BUREAU - NORTH, ALBANY, NEW YORK

5.

On February 22, 2021, Trooper Jared Lamonica .appeared at Professional Standa}:-ds-Bureau North Regional Office for aQ admimstrative statement. Trooper Lamonica was aware of his
Employee Rights and was present with "P.BA Attorney, Maria Morris, and his PBA union
represen-tative, Trooper ~tephen K. Johnstone, throughout the entire targ~t interrQgation. He
stated ihat he was assigned to a commercial vehicle chcclcpoj.nt at the Tioga Rest Area in
Nichols during the time of this in~ident. Trooper Lmportlca corroborated t4e account provided
'by Technical Sergeant Brenon, however. ad~ed the-following:

•

Trooper Lamonica, upon receiving the complainant's fuitial explanation, entere4 the
rest-room to ensure:the·male subject wasn't still in the facility. ·
_
• He interviewed a rest. room attendant who knew of the n,ale in question ~d stated that
he comes to thi.s rest area frequently. The attendant pointed" at a vehicle that was
.b~gjnning to exit 1:hc parking area. Trooper Lamonica stated th~t Technical Sergeant
Brenon stopped that vehicle and ~1.weared to be interviewing the operator. The
attendant explained that he has observed the male subject appear to 'have difficulty
inside the restroom_previously and. when asked if he needed· any assistance, th¢ male
responded by stating that h.e has issues going the bathroom.
• Trooper Lamonica had n9 reasoning for .not obtaining basic pe~ore~ information from

to

•

the ~mplainant or the restroom attendant.
l{e. asked the complainant if lie. wanted to pi;ovide a deposition in relation to this

'incident amJ the complainant stated that he didn't want to be involved.
• He indicated to the c;:omplainant that ·be could call a local patrol over to the scene to
~ecl.lfe a depositio~ however, never did so.

•

Trooper Lamonica advised, the complainant that he wasri't from the l;\tea and that it .

could be between- ten minutes to Oil(\: hour for their re_sponse. He stated if the
. complainant was willing to wai~ he'd call a patrol over to assist.
·• He denied ,ever telling the complaj.nant that there was no point in:making 8.1} arrest 'based
on' the information th~ attendant 'provided regar4ing the male subject's medicai .

condition.
Trooper Lamonica reiterated that the complainant didn't want to be inyolved; appeared
frustrate~ from the moment the State Police met him, and uttered, "That's New York's
finesf' as he walked away and eventually left ,the rest area
• Trooper' Lamonica -indicated that Technical Sergeant Brenon released the suspect from
·the rest area as·the complainant. started to walk toward his vehicle to eventually depart.
• He s~ted that he did not-document this inciden,t in SJS· and was not directed to d9 so by
Technical Sei:geant Brenon.
• Troop~Lamoni~a felt that he was not being dismissive of
compl~1t.
•

Mr.-

4

1•

lie was not abl~ to provide Investigator· Allen with any information ~elative. to- the

peopl~ be interviewed during this in~id~nt.

•

Looking back on.bis involvem_ent, Trooper Lamonica felt that he did not investigate this
sex offense thoroughly and appropn:ately.

A copy of the signed:-transcription ofthis"stat~ent is a~ched as .~nclosure #5.
AT PROFESSIONAL STANDARDS BUREAU - CENTRAL, LIVERPOOL, NEW YORK
.6.

Acopy of the digital audio recordings of statements relative to this investigation are ·attached as

Enclosure #6.
CONCLUSION: On November 30, 2020, Technical Sergeant Karl Brenon, SF Oneida, and Trooper
Jared L. .Lamonica, SP· Middletown, were involved in a criminal investigation while assigned. to a
commercial vehicle checkpoint at the Nichols Rest Area off Route 17 in Tioga County. Investigation
into this matter revealed that Mr. reported _,an_:in~progress sex ~ffense to both
Members which resulted in their f a i ~ investigate the incident and take proper police
action. Neither Member d9cumented their investigative steps in· Spectrum Justice System nor made
tim~ly notification to the ·Bureau of Criminal InvestigatiQns. Both Members cxhibitccJ ~ reluctance to
perf9rm their duti~s. As a result of nieir .i~tjal; response,.Mr. . . . . left th~•scene and subs~uently
contacted a local State Police·barracks to further this investigattoii.'w1iich eventually concluded with.a
criminal arrest of ·the perpetrator. It was determined that the actions taken by Technical Sergeant

Brenon and Trooper Lamonica were in direct violation with the following ·Rule~ Jllld Regulations of the- ·
New. York State Police
. Manual:

·

Regylatfon 8A2: lt-.shall be the duty of all Members to study and comply with the Rules, Regulations
. and Instructions, specifi.cally the, New York State Police Spectrum Justice System (SIS) Manual that
slates:

·

L Policy:
J. An SJS lncidem·will b_e. created to document-alt calls for service, inves~gations, motor
vehicle accident_ investigptiorl$, w.arrants and arrests.
'
. 2. 'Memb~rs will document the details ofthe incident inl'e$tigation, arrest and/or warrant
enJirely within SJS:.
9. At a mjnimum, all S/S incidents require a narrative entry describing the event and
actions taken by Members. This entry must be completed prior lo the end ofthe Member's
shift. Descriptive informatiol) 01'! perso'l)s, ve~icles a~dproperty are to be entered within ihe
relevant SJS tabs.

·

V. Specific Roles and Responsibilities:.
Cl. Uniform Investigations Tur.ned Over To (I'Or) the BC! - The UF Member who
initiates ihe investigation is responsible/or the timely notificatio,, ofthe ,BCJ.

Technical Sergeant Brenon and Trooper Lamonica failed to create a SJS {ncident, document
subjects that were interviewed, .the snspect's vehicle, or their investigative steps that were taken.
Addl.tionally, the reported sex offense, Public .Lewdness) is an offense which ultimately .needs to be.
turned over to the BCI. Neither :member .q,iade any notification to tile .BCI.
'
-,

RegulaJion 8A4: It shall be the duty of alt Member~· to take proper police aciion when an offense ofthe

law·occurs within their jurisdiction.

5

The suspect who eventually became identified by Investigator AU,eu at a ·fater date, admitted
during an. interyiew that he was masturbating -at the urinal in order for biiµ to subseqµently urinat~
The complainant advisee, both Members that: he witnessed this lewd act. Technical Sergeant Brenon's
and Trooper Lamonica's·investigative efforts should have 1esulted jn ·securing a supporting deposition
from the complainant and arresting the suspect for the crime that was committed.
·

Regulation BAB: A Merribe; shall not:
.

.

(2) Act in a manner tending_ti> bring discredit upon the Division;
Technical Sergeant Brenon· and Trooper Lamonica. Jailed to document their investigative ,steps
µi SJS, in~luding information pertaining to the suspect and liis vehicle that .was ~tilized that day.
Investigator Allen had relatively little information to work with due to this· Jack of documentation. To
exacerbate matters, the same complainant who felt dismissed- while initially reporting these
circwnstances, subsequently utilized the same rest area over two weeks removed froni th~ incident date
and recognized the suspect in his vehicle; Mr.. . . . obtained the ~gistration nUIPber. which led to
further investigative efforts by Investigator Alle~and ·including the arrest of the perpetrator.
'

Regulation 8A9: A ·Member may be. determined to be incompetent and subject to disciplinary action in
accord lSJith- the Rules: of the Division if in the performanee of official ·duties, the Member exhibits a
r.el,ictance to perform duties.

Technical Sergeant Brcnon interviewed the suspoct yet never actually asked him if he exposed
himself in .any ,;yay. Trooper Lamonica advise~. tne complainant that it cottld be up .t o an ·hour for a
l,ocal patrol to respond and assisL II~ al~o advi~ed the complajnant that per. the J:.estroom attendan4 the
male subJect suffe.~ d from a ~edical _condition that ma.de. it diffictilt for him to urinate. That
infonnation was never verified by the suspect or Teclmfoal Sergeant Brenon after his interview. These
two topics that Trooper Lamonica discussed with the complainant appeared to be an attempt to·
discourage the complainant from 'Continuing the reporting process. Additionally, Troope:r 'Lamonica
offered.no othe:r options for th~ compl~t to properly report and docuirt~nt this incide~t ,

'I recomme.nd this case be "Closed/Founded", wit?'·appropriate administrative actioniaken.

6

SUPPORTING DEPOSITION (CPL §100,20)

PAGE 1 OF 1

NEW YORK STATE POLICE
lHE PEOPLE OF THE STATE OF ~EW YORK

ENCLOSURE#

-vs.

l

Defcndant(s)

lOCATlON OF f)EPOSIT{0fV,;

INCIQSNT LOCATION:
STAl'E OF NEWVORK LOCAL CRIMINAL

COUNTY OF

COURT

STATE OF NEW YORK
COUNTY OF

TIOGA
or

STl:UBt;N
er

VILLAGE

OWEGO

NORTH HORNELL

I,

State Tho Following:

I am spt:rnking to Jnv. Thomas Khorl< at State PJ;JtiC& N. Hamel/ about an incident that occurred at the Rest Area between
Owego and Tioga Downs Casino off laterslate 86 wes( bound ;n town of.Owego. On 11/30120 at about 6:25pm, I was
returning home to Hornell from Norwioh, NY. I stopped at the Resl Area to use the rest room. As J wafl'.ed into Iha rest
room, I saw a genUemen with his head aga;nst the wall behind Iha urinal. Hs was wearing a blue hoodie, tan khakis, and a
blue face mask. He was about 6 foot 3 inches tafl with a sMnny l}ulld. I trifid to be polite and said ''We've all been ·there
before.' I said this because he looked exhaustf!d to me. He was using the first urinal as you walk in, I went to use the last
u(inal whioh Is ths furthest from the entrance. vVhlle using the urinal, I w°"s looking down and 1got a weird foellng. I foaked
over and saw this gentlemen looking at me and I noticed he had an erect penis In hfs hand. The gentleman was playing wlm
his penis whl1e he was staring at me. He was clear/y masturbating. J asked him ~hat the fuck he was doing." I told him that
''don~ you know there are f;ke 10 cops outside." He quickly put his penis away after I confronted him. I told liim I would
hanfilf? it and 1 went outside. As I wallred outside, I hollered across the parking Jot to the State Troopers, who met me about
halfway. I Informed the State Trooper of what happened and what I had observed. I pojnfed 01Jt the gan/Jeman to the
Trooper as he came out of the rest room. After pointing him out, the police wan~ over and lnterviewBd him. After they
in,terviewed him, Uia Po/fee Informed
that ·the gentreman '1ad a medical condition. I would fike to pursue criminaf charges
against /he gentfeman for any vlofations ta New York stale Jaw. However, if this gentreman has a medscal'condition related
to using the urine! In that manner-I do not want to pursue anything further.

me

~ --·,

'·,'-.,

Notice

tPenal Law §~10.45)
In a written instrument, any person who knowingly makes a raise statement which such person does riot believe to be true has
commillecl a crime unqer the laws of the state of New York punishable as a Class A Mlsdemea11or.
Affirmed under penalty of perjury
HD
this

02

day

of DECEMBER

202a

-ORl\',ITNESSI

• Subscribed and Sworn to before me

this

I

----

day of

------

l'\

'Tlnle Enc:ed

1'))1 !I- , . I ~ KH<>tl. \<..
(NAiiie OF.PERSON f/\lQllG oer:,SITIOtiJ

2f0212Q20

D6:57 PM

SUPPORTING DEPOSITION (CPL §1D_0.20)

PAGE1

OF 2

NEW YORK STATE POUCI:
THE PEOPLE OF THE. STATE OF NEW YORK
--vs.

ENCLOSURE# 2

UNK
oerendant(sJ

tNC(DENT LQ£ATION;
STATE Of NEW YORK iocAL CRfMI/IIAL
COUNTY OF

STATE OP NEW YORK

COURT

TfOGA
------------

ar

TOWN

LOCATION Of DEPOSITION'·

_L__

COUNT'Y OF

TOWN

OWEGO

STEU~N
----------,---of

1 lN■o,IDJ'lldlSfffll~.jll7L___________ J111ilN.j.___

HORNEUSVILLE

__________....._)jl:11ati,L_ _J!

I am at SP North Homen giving this supporting Deposition to Lieutenant R. Bentley af rhe NYSP on my own freo wltl. I
understand that I'm here lhis evening to discuss .an incidant that oc:curred on November 30, 2020 at approximately 6:25 PM
al a Rest Are·a, /-86 WIB, In the vicinity of the Tioga Downs Casino. I live in the Horneff ama aml was In the area of the,
qasino because I had dropped my daughfer ( L i l y a n - (6115118)) off eanier to her mother in Norwich, NY. 1=8fliBr this
evening (1212120), I spoke wllh Investigator T. Kho~ ·
'ho NYSP, regarding this same incident I slso provided a
Deposition to him.
Aft.er the Incident in the rest area bathroom and upon exiting the bathroom, I observed two State Troopers about 200 feet

from the bathroom. 1he Off,cers were .standing near where they hed their vehicle fnspection sat up. I yelled to them and in

unison, they both walked over towards ma. I would describe tho Officers ss one· being older and heavy set, while the other
was youn~r and likely in his thirties. Both were wearing a standard pal/cs uniform and a mask. I r;afl't tell you exactly what
those Officers were driving, but I observed a van, an SUV and t\vo State Police Chargers in the parking lot. As both Officers

approached me, I explained to both Officers what had just happe~ed in the bathroom and painted oJJt the gentlemen fhaf I
observed while In the bathroom, who at that tfm~, had just got In his vehicle and was artemptfng to faave the rest area. I
wouldn't say he was "speeding off~ but he w~s !Tying to get the hell out of there. \
-1,

.

41'•711:.., (l,Jk,..,

l

I"-'

~
(Penal Law §210.45)

ln a written Instrument, any person,wno tmowlngly makes a false statement which such person does not believe to be true hali
committed a crime under the laws of the state of New York punishable as a Class A Misdemeanor.
Affirmed under penalty of petjmy
ND

this

--"01:;;,__ _ day of DECl?NIBER

2020

-OR• Subscribed and Swom to before me

this

----

day of

---- -

-;~fHH~Di-"n-:--C..-ITlmi= cllded
'H."=¥.~:!..a~=IB~~-L,;1c,;;;2/..;;.0212;,,,.,
._o_20_~,.,___ __,

}

SUPPORTING DEPOSJTION (CPL§100.20)

PAGE2

OF 2

NEW YORK STATE POLICE
State The Followfne:

This gentlemen was driving a silver SUV. possibly a Toyota, but I couldn't make out the make/model, nor was I able to
obtafn an accurate license plate from his vehicle.
_
The ofder of the two Troopers, I believe to have been a supervisor. Immediately attempted to flag the driver of the vehicle
over by using his flashlight. The vehicle operator complied with rhe Sergeant and puffed over. He was stuf In the Rest Area.
Tile Sergeant interviewed the operator and did so approximately 60 yards away from us (myself and the younger Trooper).
Because of the distance, I couldn't hear what the Sergeant was saying to the vehicle operator. As this was transpiring, the
oun er Tron er interviewed ma in the vicinity of the bathroom_ and away from my vahicfe, which Is a gray, 2006. This young Trooper nevr,r i<:Jenrilied himself to me. He was not wearing a coat. It vdl"f.lflfff
ou s e an a. e his nametag and 171 be honest, I was ln-itated at that pofnt. I've been interviewed in the past by
police. The Investigator earlier tonight asked me my name, elate of birth, address, phone number, and you did tha same as
soon as you. met me. TMs Trooper on that night, never asked me any of those questions. As I was trying -to explain the
incident to him, he was dismissrve. I asked the Trooper if I could step away and tum turn my vehicle off lt/af was running. I
also thought I may need me driver's license, 60 I grabbed my wallet. My vehicle was parked about 75 feet away from where I
was being intarvlawad by the Trooper. J would estimate that I was away from the Trooper for about three minutes. When 1
got back to the Trooper. he hed indicated to me that he had already Interviewed the Rest Area attendant and determined the
gentleman I had interacted wfth in tlie bathroom ·Sl.!ffers from a medical condition. The Trooper explained (o me that the
~medical condltfon" was "kind of like /BS." The Officer then told me that it was likely that If I wanted to press oharges, the
charges would be dropped. The Officer also told me thal .if I wanted lo pursue criminal action, that it would.take upwards of
rwo hours to get a plain-c(othed Officer to respond, secure a deposftlon and that I would be tied up for an extensive amount
of tfme before I could go home. I don't remember what exf.!cl/y I said to him, but we exchanged oome words; I may have
been a little disrespectful, but I was given the impression that he was bfowing ·me off. I was pisssd. It was as if he was too
busy to entertain my complaint and sBemlng/y Just wanted to be Jefl alone. I was fed up with him and walked back to my car
to leave the area and drive home. W'hen I walked away from the Trooper. he had immediately turned around too and
walked back towards where the other State Police vehicles were parked.
I unfocked my car, si;)t In It and Googled the plione number to ths nearest barracks. I Googled "Broome County state
Police" and the phOne number of (607) 754-3854 resolved. After I retrieved the number, I began driVing with my Bfue Tooth
and called the number. I spoke with whatever Otfice_r a_nswered the phone and again, explained what had Just happened.
Al that tlmo, I had already fefl lhe Rest Area. I take r,o issues with the Officer that I spoke with on the phone. I take no
issue with the Serge~nt that fnteracted with the gentlemen _from the bathroom. My issue is solely with the younger Trooper
that interacted direclly with me. Specifically for the inectfon he took relaUve to my complaint at that time. I feel like ·more
could have been done and should hav9 been done to at/dress the-incident at thal time. ;//
11; , ,.1

o-f

i.(,:--iJc v

N,.otlce
(Penal Law§210.45)

In a written instrument. any person who knowingly nwkes a false statement Which such person does riot belleve 10 be true flas
committed a crime under. ttie laws cf the state of New York punishable as a Class.A Misdemeano

Affinned under penalty of perJuiy
1hi$

ND

__,,o=~---day of pECEMBEB , 20:zo
-OR-

• Subscribed and Sworn to be!Dre me

I

Time Eridod.

12/0212020

this

----

day of

----

o,;?;M
L

J

STATEMENT

Genl-10 (Rov 01/98)

.

COUNTY

PAGE ONE OF

~

}

l

uj -t(
oF Ow

DATED:

,.~,

3

PAGES

'::J.~

HAVE BEEN ADV!
OF TH~ _ _ _
N--=--~_.__._---=--.......::..--+--=--

- - -- - - - - - - -'' OF THE FOLLO'MNG:

I HAVE THE RIGHT TO REMAINS ENT, AND I DO NOT HAVE TO MAl<E ANY STATEMENT
IF I DON'T WANT TO.
IF I GIVE UP T HAT RIGITT, ANYTHING I 00 SAY CAN AND WI LL BE USED AGAINST ME

IN A COURT OF LAW.
I HAVE THE RIGHT TO HAVE A LAWYER PRESENT BEFORE MAKING ANY STATEMENT OR

AT ANY TIME DURING THIS STATEMENT.
IF I SHOULD DECIDE I DO WANT A LAWYER, AND 1 CANNOT AFFORD TO HIRE ONE. A
LAWYER WILL BE A?POINTEO FOR ME FREE OF CHARGE AND I MAY HAVE THAT LAWYER
PRESENT BEFORE MAKING ANY STATEMENT.
'I ALSO UNDERSTAND THAT'! HAVE 11--IE RIGHT TO STOP AT ANYTIME DURING THIS
STATEMENT AND REMAIN SILENT A ND HAVE A LAWYER PRESENT.

I FULLY UNDERSTAND THESE RIGHT
MAKE THE FOLLOWING STATEMENT:

US TIME I AGREE TO

,J--.. "'l> ko

1 --.

~,

>.:)/v-'

Lfl/lll""
r,

GENL 19A (6'BSI

STATEMENT CONTINUATION SHEET

PAGE4~•&r.
~
20
DATE:

GENL. '19A (6185)

STATE!MENT CONTINUATION SHEET

PAGE 1

SUPPORTING DEPOSITION (CPL §100.20)

OF 1

NEW YORK STATE POLICE
THEPEOPLEOFTHE STATE OFNEWYORK

-vs.

Defendant(s)

LQCAUON OF DlifPOSITfON;

INCIDENT I..OCA TION:

STATE OF NEW YORK LOCAL CRJMfNAL

TIOGA

COUNTY OF
TOWN

of

COUNTY OF STEUBEN
VILLAGE

OWEGO

I

D.al"

On

STATE OF NEW YORK

COURT

of

NORTH HORNEl.L

I, IFll!lName:

121(}212020

Dale of Sfr1h

No. end Slm:l

ctrN

St.:!1&

12120119ga

105 STEUBfiN ST.

HORNELL

NY

State The Following:

I am speaking to Inv. Thomas Khork at State Ponce N. Hornell about ari fneider:,t thar occu"ed at !he Rest Arna between
Owego and' Tioga Downs Casino off Interstate BB west bound in town of Owego. On 11130/20 at ~bout 6:25pm, J was
returning home to Hornell from Norwich, NY. I stopped at !he Rest Area to use the rest room. As J wallcsd Into the rest
room, I saw a gentlemen with his head against the wall behind the urin'aJ. He wa6' wearing a blue hoodle. tan khakis, and a
blue face mask. He was about 6 foot 3 mches tall with a skinny buifd. f tried to be polite and said "we\re all be&n there
befoi-e." I .said this because he looked exhausted to me. He was using the first urinal ilS yov walk In, l want to use ihe last
urinal which is the furthest from the entrance. While using the urina{. 1 was looking down anil /•got a weird feeling. I looked
over and ·saw this genffemen looking at me and I noticed he had an erect penis in hfs hand. The gentleman was pJaying with
his penis while he was staring a.t me. He was clearly masturbating. I asked him ''What ihe fuel< he was doing." I totd hfm that
•c1on't you know there are fike 10 cops outside." He quickly put his p9n/s away afrer I confronted him. I told him I would
handle it and I went outside. As I walked outside, f hollered across fhe parking Jot to the State Troopers, who met me about
half way. I Informed the state Trooper of what happened and what I had observed. Jpointed out the gentleman to tha
Trooper ash~ came out of the rest room. After pointing him out, the police went over and Interviewed him. After they

interviewad him, the Police informed me that tha gentleman had a medical condition. I woutd like to pursue criminaf charges
against the gentleman for any violations to New York State law. However, if this genlJeman has a medical oondition related
to using the urinal fn that manner I do not want to pursue anything further.

~

~,~

Not;ce
(Penal Law §210.45}

In a written instrument, any person who l<nowingly makes a: raise statement which such person does not believe to be true has
CC1mmitteda crime under the laws or the state of New York punishable as a Class A Misdemeanor.
Affirmed under penalty of perjury
NO

this

____a__
2 _ _ _ day of OECEMBER

2020

-OR• Subscribed and SaNom to befure me
lhiG

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day or

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ENCLOSURE i

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MEMBER TARGET~ NON-CUSTODIAL INTERROGATION
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STATE OF NEW YORK
COUNTY OF ONONDAGA
TOWN OF SALINA

February 18. 2021

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This statement is taken from Tech Sergeant KARL BRENON at Professional Standards Bureau Central
Regional Office on February 18, 2021, by Captain SAMUEL SPl;ZIO, commencing at 1:01 PM.
·

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The letter "Q 1' will denote questions asked by Captain SPEZlO
The letter "W" wiH denote questions asked by Staff Inspector WHITE•
The letter "A" will denote answers provided by Technical Sergeant BRENON

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Q. The purpose of this interrogation is to inquire into your activities as a Member of the New York State

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Police. Specifically, on November 30, 2020, you became involved in a police investigation while at
the Tioga County Rest Area, State Route-17, in the town of Owego. It has been alleged that you
failed to properly investigat_e and document a sex offense that was reported to you ~:m that date.

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This interrogation is being conducted pursuant to the Article 16 of the current PBA Collective
Bargaining Agreement and the Regulations of the New York State Police, including 8A3 and 8A 15 .

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You have the right to contact and consult with.a union representative or attorney before being
interrogated, and to have a union representative or attorney of your choosing present during the
interrogation. Do you understand this?

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A. Yes.

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Q. You are not under arrest.

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However, Article 16 and the applicable Regulations require you to
cooperate and answer truthfully questions relating to the allegations. A refusal by you to cooperate or
to answer questions, or a failure to answer any questions truthfully, may result in disciplinary action
against you, up to and including the termination of your employment. Do you understand this?

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A. Yes.

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Q. You are entitled to all the rights guaranteed by the State and Federal constitutions. As this is an

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involuntary statement, your responses during this interrogation are automatically cloaked with
criminal immunity. Acpordingly, neither your statements nor any information or evidence that is
gained as a result of, or in reliance upon, this interrogation can be used by a police or prosecutoria!
entity against you in support of any criminal proceeding. Do you understand this?

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...

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A. Yes.

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Q. Are you being represented at this time and if so, by whom?

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A. I-am, PBA Representative Zone Sergeant JOHN CONBOY and MARIA MORRIS, a PBAAttorney.
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Q. You were advised on February

necessary for you to give a statement concerning this matter, is that correct?

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12, 2021 of the matter being investigated and that it would be

A. Correct.

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am Captain SAMUEL SPEZIO and as a supervising officer and representative of the
Superintendent I am authorized to conduct this interrogation. This interrogation is being recorded
mechanically at PSB Central Regiona! Office. A full transcript will be prepared, and you will be
provided with a copy of the digital recording or will be afforded an opportunity to cause a duplicate of
this recording to be made for your future use. You will be given the opportunity to view the written
transcriptfrom this recording upon completion to ensure its accuracy and will also be provided with a
full copy of this transcript, subsequent to yo~r signature, Do you understand this?

Q. I

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A. Yes.

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Q. Als0 present

in the room is Staff Inspector MICHAEL WHITE. Do you understand this?

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A. Yes.

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Q. The. record will note that you are present in response to a direct order. Tech Sergeant BRENON, you

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will now be asked questions related to the performance of your official duties and you are required to
answer these questions. If you decline or refuse to answer any questions, you will be ordered by me
to answer. If you then continue in your refusal to answer, disciplinary action will be initiated·charging
you with disobeying a lawful order._ This disciplinary action could result in the termination of your
employment with the Division of State Police. You will be permitted during this statement to take
breaks when reasonable and appropriate. Having been advised of the·above, are you now ready to
proceed with this interrogation?

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A. Yes.
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Q. Please state your full name and rank.

s A.
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a.

KARL BRENON, Tech Sergeant.
What is your date of entry with the Division of State Police?

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A. 8/10/65, not 8/1 Oi65, no it's 10/2/89 .

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Q. What is the location of your current assignment?

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A. Commercial Vehicle Enforcement Unit, SP Oneida.

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Q. What was your duty status on Monday, November 30, 2020?

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A. On-duty~
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Q. What tour of duty?

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A. It'$ a 6:0p-.6:00, Qut we watk,5:30PM to 6:30AM,

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Q_ Were you .as!Signe~ t9.·

a CVEU c~eckpoint or detail t_hat day?

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A. !was.

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Q_ What was the location of that detail?

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A. State 70, we call 18B·and the Tioga. rest area, Nichols.

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A. 5:45PM. -.

What time ·_did you a,rrive to the checkpoint, apptm,;imately?

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A

Wha~ ·ot~er State Police· members were present. for the detail' that day?

I kn.ow Trooper JARED LAMONICA was there, I, r know there was a "C" Trooper, I don't know his
name, and I believe there was another Trooper again, I'm,
not sure who was there.

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Q. Both from "C" Tr.cop?'

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A. I believe/no only one "C"' Trooper, the other two were fn?rrt different troops .
. W. Were you the supervisor in charge?

A. Y~~Q. Did there ·become a time wher.i. you. W~re approached or ·flagged, down by a male exiting the rest

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room ·facilities?

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A. Yes.

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Q. Pl~ase explain this encounter in detaiL

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A We were sett.irig up the res't area to begin the work 1 setting up the tower, the light tower that flip the

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lights on to g·et the;truc~s coming rn. A man came out of the restroom yelling and waving his arm,
both Tr,ooper LAMONICA a11d I headed over onto the sidewalk to talk w_itra him. He said that a ·mar:,
was masturbating in th~ rest area 1 inside the building itself. I asked himwhere the ma.n h_ad· gone, he
stated he went out to one of the ca.rs parked in front of the building,. th~re wer.e (ir-1audJbl_e) cars
parked· out tliere. I asked him which one and he couldn't t~II me. I asked him question~ about what
happened insiqe the building ahd when I saw a vehicle-start to back out ofthe parking area, I moved
over to stop that vehicle to see 1f that was the su~pect. (ina □dibiet continue, okay?

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Q. Please ..

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A. First words out.of my mouth to the, the driver was, 11 80 bow are ym.1 doing, what1s happening tonight, u
to which fie responded, "The guy yelled at me inside." So I knew or suspected'that that was th~ one
that was inside the building. I asked Nm where he was going, he stated_ he was going home. I said,
''.Listen, until we get this straightened out, cuz t_here's, ther~'s· bee_n some complaints, I want.you to
pull your car over," "it's not really a parkir.ig spot, it's where tne trucks drive through, b"ut it was right
next to where the, the complai'nant was with the Trooper, within 15 feet, park~d-nearthe !?,idewalk;
So 1: had him go there, I asked him a few questions. Asked for his license and registration so I. could
copy that information down and listf;!n to ·the Troop~r t~lking with lhe complainant as I was talking
witn the suspect.

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Q. Okay, so you'r.ewithin proximity to actuaily hear Trooper LA_MONICA speak with the complainant?

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A. Yes. I, J·skipped over the fact·that I asked the complainant whether or hot he was. willing to give a
statern~nt to which he. said, "Do I have to," and I had expl~ined why the fact that any action that was
gonna be tals:enfrom this point forward was.gonna be based on What he said because nobody else
saw anything.

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Q. Whatwas his response to that?

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A. As I said, "Do I have to," and I, I responde·d several othertimes with the sametbing, "Are you willing
to-give a·_statement"and he had three answers that I remember. One was, ~Do I have to,."·second
one is, 1'.I dori'twant to get involved," and the third was, 11 Why can't yo1.:1 just arrest him?" Thiswas all
rapid fire, quickly explaining wtw before .11 ! l~ft,for :t~~ car backing up.

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Q. Did you ever enter the men's· restroom after ,being notified of this incident or at any-time?

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A. I did not, no .

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Q:- Were you aware that Trooper LAMONICA went into th~ mer.i's rest~oom?

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A. No.

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Q. So you stated you were successful in flagging. down a vebicle that war;;, appeared to be exiting the
.test stop, is that correct?

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Correct.

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Did you.ever ask.him-anything in regard_s to.masturbation or anything in, in·thatmatmer?

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A. Specifically about mastur:batioh, n0:, i just asked him what had happened inside. He stated t_h~t he
had gone in .there to use the restroom to-urinate, which he do~s,at l~ast e·~er other d~y,_ he told as he
comes h9me from work. He was leaning up ·agajn~t the uri11al 1 because he has trouble urinating. I
asked him what he meant by that, he said, "I have a medical condition/' and I didn't.get any-further
· t;,ecause of HI.PPA, ·I' don't want to get involved in, in that kind of stuff so, hati a medical condition: I
said,. "Were yot1 looking over at anybody, and he said, '!Yes, I was looking over at the guy that yelled
at me because he didn't have .a mask on. I. had my mask on, be didn't have his, I was gonna say

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something, but I didn't want to cause problems so I didn't say anything." I said, 'Why was he yelling
at you." "I don't know."

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Q. At any time did the suspect advise
erection?

you that he was having difficulty urinating because he had an

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A.

No.

Q. You stated after you pulled the vehicle over within proximity of Trooper LAMONICA and the
complainant, you obtained his driver's license and registration?

A. Correct.·

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Q . Did you obtain his phone number?

A. I did not.

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Q. Did

you do"cument anywhere his driver's license number and registration number?

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A. I wrote his information down on the scrap paper I use for, for nonna11y ·tor doing truck inspections .

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111111111111111 was

the male in question. Is that correct,

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A. No.

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Q . Mr. ~ due to the investigation that revealed subsequently, was the male in
q u e ~ Expound on what he meant by he looked in his direction while he was
urinating, what did he, what did he mean by that?

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MORRIS: He can't answer what somebody meant, he can only report to you what was told to him.

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Q.

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A . He told me that he was stand ing at the urinal, that the guy that yelled at him, complainant, was two or
three stalls down , not stalls but urinals down, he looked over because the guy was wearing a mask,
or not wearing a mask and he was gonna say something to him. That was it

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Rightt so explain what he stated in reference to lo~king a1 the man. What did he say he was doing
while he was looking at the man?

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.o W. Sarge, the complainant when you approached him initially you said he in essence told youtherewas
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a guy masturbating in the bathroom?
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A. Correct.

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W. What drd he tell you specifically?

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A. I, I asked him if he.saw his penis, meaning cuz I kinda wanted to know whetl:ler he was standing in

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the middle of the, well the bathroom and, and with kids in there, whatever, he said, 1'Atthe time no," I
said, "How did you know he was, he was masturbating," he said, "Because he was standing in the
urinal and I could see his hand move, so I just knew." So he never said- he saw the guy actually
masturbating, he just assumed is what I got 1he gist of.

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Q. So he never told you he saw ~he male's penis?

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A. No, no.

W. Did he provide any other description of the guy's actions?
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A. Just said he was looking at him. But no, he didn't, but I, I didn't talk to him all that long, just enough

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until that, that car backed out,and then I moved away. But I didn't h~ar, I heard JARED ask him

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questions, I didn't hear him say anything different (inaudible).

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W. What, what was your response to or Trooper...

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A. LAMONICA?

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W. LAMONICA'S response to the complainant asking, "Why can't you just arrest him?"

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A. Trooper LAMONICA told the driver at the time when he asked that question that we were there to
inspect trucks, we were from a different troop, and we would call the road patrol because it's their
area. The complainant said, "I have a COL," meaning Commercial Driver's License, "And you guys
are here just to screw with truck drivers." So JARED rather.than yelling at the guy, getting angry,
calmly said, 11 N_o Sir, we're here to make sure the trucks are safe," and again explained that we're
gonna call the road patrol and we'll be happy to help you and help them take your statement,
etcetera, do what has to be done. but we don't do that because we're here for trucks only and we will
get you hetp.

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And what was his respons~ to, you told him he would have to give a statement, what was his
response to that besides, "Do I have to," did he finally acquiesce and say.,.

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A. No, no, as ! said the, the, the three responses I got over the time that I remember it, telling him that
he has to give a statement was, "Do I have to. I don't want to get involved," and, "Why don't you just
arrest him," as in he expected us, based on his word to grab the guy and throw him in jail.
Q. So then at'that, that was the time

you saw a vehicle backing up and decided ·to go and take that

action, correct?

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A. Yes.

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Q. So you don't know what transpired with Trooper LAMONtCA and him afterwards until you brought

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that vehicle over and ...
A. Correct.

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Q. Was in close proximity?

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A. Correct.

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Q. Did you interview anyone besides Mr.

who was the individual that was attempting to

leave?

A. The complainant, the defendant and the, we call him the station cleaner or maintenance man, we

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talked with him. I don't know his name.

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Q . So the restroom attendant?

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A. Yes.

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Q . What did the restroom attendant have to say about the male in question?

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A. That the suspect came in quite a bit, like every other day, saw him in there all the time. Had seen
him in the past standing in urinal for 20 minutes with his head against the wall and made the
assumption th~t the guy had medical problems or mental issues and he had asked the guy in tlle
past, "Do you need help or can I do anything for ya," and got a negative reply from the rnan. But he
didn't belleve that that guy was dolng any wrong and he actually made-a statement somewhere along
lines that the guy that was complaining was just aggravated and trying to make trouble.

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Q, Did the attendant confirm in ~nyway that he knew Mr.

personally or just. ..

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A.

No.

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Q. Just from seeing him coming through?

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A. No, just from seeing him come througli quite a bit.

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Q. And did you obtain he restroom attendant's basic pedigree information?

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A. I did not.

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Q. Whynot?

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A. At the time we were, I was still dealing with both the complainant and the, we didn't grab any
information other than the driver's is what I got, I don't know what the Trooper got.

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Q . Where was the complainant while you interviewed the restroom attendant?

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A. I believe he had left at that time, I think he had walked away. I don't, I don't think he was there at the
time.

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Q. Like walked away back to his vehicle?

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A. Yes .

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Q. Or left the actual restroom, or, or Tioga rest area?

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A. I think he had left the rest area, I think everybody was gone at that time, I'm not quite surE;.

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Q. But do you recall going back to the complainant to advise him based on what you determined from

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your interview of Mr. 9r the restroom attenc:jant, did you ever have that follow up
conversation wjth the c ~ t ?
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A. I did not talk with the complainant again, he stcxmed away when I was still talking with the suspect.

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Q.

Okay.

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A. I, I don't know if you're familiar with the, with the rest area, how it works, aJI the vehicles come in and
all leave the same, satne roadway, so there's no way that.the complainant could have left without
seeing us, and if ~e had a problem with anything he could have come, pulled over, we're standing
right there. So he just took off•

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Q. So following up on that, you said you eventually maneuvered Mr. -

vehicle so you can
actually hear what the complainant and, and Tr9oper LAMONICA~?

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A. I pulled him in, not necessarily to hear what was going on, but it just worked out.that way.

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Q. In closer proximity?

A. Yes, just to get him away from the roadway.

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a. Did you hear any interaction between the complainant and Trooper LAMONICA, because you said
he stormed away, did the comp1ainant ever state anything or yell anything?

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A.

I, I, I, I heard him say the, baslcally the same but words to the effect of, "We're here to do truck
inspections, we will call the road patrol for you 1f you want to pursue this, we'll take a statement, go
ahead and take a statement." We're here to_help you basically.

Q. That was what Trooper LAMONICA reiterated to the complainant?

A. Yes, same thing that I had said num~rous times .

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Q. Did you ever hear th~ complainant reply or as he was leaving state anything?

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A. I remember, "Bureaucratic bullshit."

Q. Expound on that.

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I don't know exactly what was said before that, I just remember him saying loudly enough that I could
definitely hear it, because I was still talking with the suspect, "This Is bureaucratic bullshit."

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Q. Oh, those were his words?

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A. Yes.

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Q. Okay.

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A. E~actly, I don't know, but words to that effect.

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Q. Dfd you ever obtain the basic pedigree information of the complainant?

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I did not.

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Q. Were you aware if, that Trooper LAMONICA did?

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A.

I don't know.

Q. M r . ~ . the restroom attendant, stated that he heard the complainant say, ''That's New
Y o r ~ alked away from a State Trooper. Do you recall the complainant stating that?

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I don't recall that, no.

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Q. Did the complainant appear frustrated or upset with the way his complaint was ·being handled?

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A. Yes .

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Q. Why do you feel that ~as the case?

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A. He thought that we should have immediately arrested the guy without him having to get involved at

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all, just because what, he said something, and the fact we were there doing trucks, whatever reason

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seemed to tick him off too.

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Q. Did you ever state, or hear Trooper LAMONICA state, that the complainant would have to wait for a
couple of hours in order for a patrol to respond and secure his deposition?

A. He told him when, when the guy asked how long it would be to have to wait, Trooper LAMONICA
said, "I don't know, ft could be five minutes to an hour, we don't know what they're doing or how busy
they are, but we will get somebody here."
Q, What happened after the complainant left the rest area?

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A. I was still ta[king with the suspect, and as I said we had flipped the lights on to have the trucks enter
the rest area, there was a few trucks backed up behind the parked cars. In my mind in the past l'v~
had issues with people getting angry at whoever they see as the bad person, waiting down the road ·
for this person to come out and then either running him off the road or having some kind of

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confrontations. In my mind since we didn't have a, not a suspec~ but a complainant because he
refused to, to get involved, safest thing to do since he was blocked from leaving by the trucks 1 I
already had the information for the bad guy, send him down the road, cuz we could catch him later
on and that would delay this guy from doing anything. So I sent him leaving and when the trucks
cleared out, the complainant backed out and left.

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Q. At that point did

you return to Mr.

to return his identification documentation?

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A. [ had given him his stuff back before.
W. So you sent the suspect on his way while the complainant was still at the rest area?

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A. Stuck in, yes stuck in the parking .. .

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W. Stuck In (Inaudible) ...

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A. Area behind the, yeah because he couldn't leave. As far as I was aware he was leaving, that's why
he, he yelled and walked, stormed away. He was leaving.

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Q.

Did you have a conversation with Trooper LAMONICA subsequent to both parties leaving in
reference to thi's incident?

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A. Yes .

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Q. And what did he describe to you, his efforts involved in ·the investigation, what did, what did he

discover?

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He, he was shocked thatthe guy was so angry, didn't understand why. He had told h_im, I know that
you, meaning me, had told him he had to give a statement and that we were going to call the road
patrol. He had done the same thing, he didn't und~rstand why this guy was so upset and mad at us
when we were trying to be helpful to him.

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Did Trooper LAMONICA state that he was gonna document this Incident In SJS?

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A. He didn't, no.

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Q. Did you ever direct him to document this incident?

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A. I did not.

.Q

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Q. Did you ever document this incident in SJS?

A. I did not.

4

Why not?

.5

Q.

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A. I didn't have a, I'm, I'm not an SJS guy.

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MORRIS: Just answer the question.

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4

A. I, I just didn't thfnk, we didn't have a complainant so if we didn't have a complainant, I didn't bother,

s

we didn't have any call to respond to as far as something that would be in SJS already, that is the •·
radio call, we didn't have that. So I never bothered making an entry.

6

7
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Q. You're stating you didn't have a call, like you weren't dispatched to something?

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A. Correct.

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Q. And you've made incidents before that you weren't dispatched to, correct?

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A. I don't understand the question.

5

Q. You've documented SJS incidents before that you weren't dispatched to, is that accurate?

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7

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A. No.

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Q. You·come across something t_hat's not dispatched, you don't ~ut, ever put it in the system?

2

A. No.

3

4
5
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7

Q. So if you catch someone steating something out of the Wegman's, you don't ever document that, if
you're standing right there and see a crime take place, you would never know how to institute an SJS
entry without being dispatched to It?

8
9

A. I can figure it out, I made one SJS entry in my entire career, that's for shooting a deer.

o

Q. Okay.

2
3

A.

5

If we run into issues where there's an arrest gonna be made, we call the road patrol because are
generally there assigned to do truck inspections on the federal overtime grants, so we are not
supposed lo, I don't want to say waste time, but take time doing something other than truck
inspections, so we call the road patrol and assist them doing whatever they do.

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Q. Are you aware that lt is Division Policy that an SJS incident will be created to document all calls for

4

8

service?

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A. I am now.

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Q. You were not before?

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4
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A. No.

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Q. After your involvement, are you aware that this incident became rnvestigated further by the State

7

Police?

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A. Yes,

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Q. How?

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A.

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I had an emaII from I be[ieve a Lieutenant, a uc 11 troop Lieutenant, having tell 1 telling

me to call him.

Q. And what was that conversation about?

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A.

1
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l, I, I'm not exactly sure, I remem~er him, something along the lines of what happened last night and
this guy is making a complainant 1hat nothing was done. So I let him know what we did.

Q. Did you at anY!ime ever speak with Investigator ALLEN in reference to this incident?

4

s

A. I talked to an Investigator, I don't remember the name but if that's the one that was doing _the
investigation, it must have been him.

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Q. And describe to me what

that conversation was in ·reference to?

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A. He asked me basically what happened and I explained exactly as I have to you today.

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2
3

Q. Did he ever ask you for the identity or information of the suspect?

.4

A. Hedid.

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Q.

Why didn't you provide it to him?

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A. I threw it away by accident that night w ith all the rest of my papers, cuz we assumed that·there was

nothing, it was gonna go anywhere.

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Q. So do you see now the importance of documenting the lncldent?
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A. Absolutely.

s · Q.

Okay.

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7

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A. Yes.

Did fnvestigator ALLEN ever advise you that he subsequently [ocated and arrest Mr.

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.Q

.]

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provided a statement to Investigator ALLEN in which he admitted that prior to
entering the rest room, he had an erect penis due to thinking about having sex with men. He also
stated that he had to urinate and began to masturbate in order.to do so. The complainant advised
you that same male in question was masturbating in the rest room in hi$ presence.

Q. Mr. -

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In NY State, a person that exposes thems~lves in a lewd manner in public is committing a sex
offense. The complainant descr.ibed an incident that fits this criterion very well. Lo9king back at your
involvement and responsibility as a supervisor ?f the New York State Police, do you feel that you

investigated or directed available resources to investigate this sex offense thoroughly and
approprjately?

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A. I, I probably would have armchair quarterback. would have called the road patrol.

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Q. Take

a recess, or you have any questions?

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W. And why didn't that occur when M r ~ a s present?

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A. He, the complainant?

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3
4

W. Yes.

A. He did not want to wait for the road patrol. this is all really quickly happening. He did not want to wait

s

at a:I1. He. didn't want to give a statement or get involved. So I didn't have a complainant. I've been
around long enough that I remember the old days where you didn't waste patrols time with something
that wasn't gonna go anywhere, and unfortunately that's, the times have changed, and from that
point on I realized I have to call the road patrol, let them handle things and, and do things the way
they're supposed to be done now.

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7

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your interaction with

2

W. Between you and Trooper LAMONICA, what was the length of time in
complainant?

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A. From start to finish, I. don't think it could have been more th?n 15 - 20 minutes . .

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the

W. So that, that's a lot of time you know when you're back and forth with a guy, what, what are we
missing in regards to your, the communication with Mr. the complainant?

A

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You had the, the quick discussion with what was going on·, you had me walking out, stopping the
suspect and, and dealing with him, writing the information down, him storm1ng away and then making

2

a daclslon to release the suspect and. watching the complainant leave and then talking with the
station cleaner after.

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W. Right, but in just in your, from the time the complainant waves you guys down to the point where he
storms away I how much time elapsed there?

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7

A. I, I have no idea. It wasn't very long.

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6

·w.

10 minutes?

A.

It could have been, l don't, I don't know, Time doesn't re~dly matter at that, you're working a night
shift.

W. Less than that, I mean was he, was he standing around with his hands in his pockets?

A. No.

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W. Waiting to see what happened?
2
3

A. No.

4

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W. What was going to happen?

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B
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A. No, either I was talking to him or the Trooper was talking to him, always, and always trying to explain
repeatedly over and over again why he had to give a statement and why he had to wait for the road
patrol. That was constant repeating the same thing because he just did not want to understand,
didn't want to get involyed, and didn't understand why we couldn't immediately arrest the guy.

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5
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7

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W. And, and was, was it explained to him that he was a critical component in this guy getting arrested,
that he was necessary?

A. Repeatedly that the only action that was gonna take place from now on was based on what he was
gonna put down in writing because nobody else saw anything.

W. And his reaction to that was?

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A. "I don't want to get involved. Do I have to," and whatever the last one was I said, I can't even
remember.

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W. And that Was.~.

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A. "Why can't you," I'm sorry, "Why can't you just arrest him?"

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W-. Right, and that was, he said that repeatedly, he said those three things repeated!y-or just once?

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A. No that, I, I, to me that's the three times that I mentioned the fact and probably a few more times that
I mentioned the fact about getting a statement and waiting around for the road patrol. Those were
the three things, those exact words or darn close to it. So I don't know what he said exactly that
Trooper LAMONICA when he told him the same thing: you have to be here, give a statement and we
can call the road patrol. But the guy did not want to hear it

w:

Did the complainant .ever indicate that he was wilting to give a deposition to you or Trooper
LAMONICA on the spot so that he could leave?

A. To me, no.

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W. Trooper LAMONICA (inaudible)?

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A. I did not hear him say that, and, and Trooper LAMONICA didn't tell me anything later on about that.
Had he done that, we would have called road patroL We're not saving ourselves anytime by doing
anything, we're not getting out of work by doing anything, because we're gonna call the road patrol if
there's any reason to call .

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1,

Q. Did you hear at anytime Trooper LAMONICA explain to the complainant anything

in referenc_e to

potentially a medical issue causing for the individual ta have a difficulty urinating?

2
3

4
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7

A. I don't remember hearing him say that.
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W. Was the, the possibility that if the complainant had to go that you could contact him later, take his
phone number and contact him later, was that ever discussed?

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A. By me, I didn't because I was off with the other guy but I don't know if Trooper LAMONICA did or not.

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W. All right.

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Q. You stated there was a Troop "C" member and a Trooper from a different troop, you can't really

recall at this time, is that correct?

4

5
6

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A. I know there was a Troop "C" member and, and I believe as usually it is three Troopers and a
supervisor there at night, so I believe there was another one there, but I.

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Q. Those two individuals, not including Trooper LAMONICA, did they ever become involved in the
investigative action that was taken that day?

l
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A.

No.

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Q. They never interviewed any parties in relation to this?

,5
6

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.8
.9

A. ·1 don't, like I, I don't believe that the Troop "C" member was there, I think he was off doing signs or
something, so I believe it was only the t\tvo of us. I don't think there was another one, but [ can't
remember, I'm saying I assume that there was a certain number of people, but I don't, [ don't recall .
I do so many of these, I don't know, they all blend !n,

0

Q. But you can say unequivocally that it was just you and Trooper LAMONICA that handled this
2

incident?

3

4

A. Yes.

5
6
7

Q. Want to take a recess?

8

W. The complainant ever describe seeing the suspect's penis?

9

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A. No I, I asked him directly did he see the, did he see his penis, and he said, "No." l said, "Haw do you
know that he was masturbating, he said, ucuz I could see his arm move and I, I just know what he
was doing.''

3

.4

5

Q. Piggy backing on that, did he ever state he had any verbal interaction·with the suspect once he did
that? Did he confront hirry verbally?

6
7

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A. I don't remember him saying anything, he might have said I yelled at him or something, .but I don't
2
3
4

recall anything other than that.
Q. Okay. It's 1:35PM, we're going to take a brief recess.

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7

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Okay back on the record, time is 1:45PM. Sergeant, a subsequent interview of the male subject in
question, Mr.
revealed that upon your approach you asked him what
happened. Mr.
sae
at you had, that he advised you he was trying to urinate and

looked in the direc ,on-o man who must have thought he was looking at him the wrong way. He
stated that after a few minutes of waiting, you advised him he was free to leave. He stated that he
never told you about his erection or about having a medical condition because he didn't want to
make you uncomfortable in addition to him being embarrassed. W~s that information accurate?
A. No, he, he, he told me that, well he didn't tel! me about the erection at all, no, no mention of that. But
I could swear he said he had a medical condition, but yeah cu~ It just seemed like he had some kind
of physical issues.·

7

8

Q. I want to come back to Mr. -

while interviewing the complainant, Mr. -

advised me

9

that he initially contacted tnefflfflef'blice upon exiting the restroom by y e l l i n ~ u r attention.

a

He stated that you were approximately 200 feet from his focation and that you went to flag down the
suspect while Trooper LAMONIC.A approached him for more information. Is that accurate?

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A. No .

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Q. Mr.

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7

W. What's, what's the accurate account?

.9

A. We both went to the, to the complainant, we weren't 200 feet away, we were right there within 40 50 feet of where he was standing. We walked toward him on the, on the sidewalk.. We didn't know
who, what he was talking about, who, who was he talking about. Was the guy (inaudible), we had no
idea, so no we went to him first to find out what was gojng on.

a
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•4

..

W. And then once you g9t that information, you went to find the suspeci?

5
6

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g
9

A. I didn't leave until ! saw a car back out, because they have to go past me, all the cars have to go past
us so he's not going anywhere. He's in one of the cars, cuz the complainant didn't know which
vehicle.
·

.Q

W. And how did you identify the suspect?

·1 .

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A. I just stopped the first vehicle, first one that came through and said, "What's going on," and he,

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.3
4
-5
.6

.7

"Some guy yelled at me Inside," so I made the assumption that this was him .

you indicated that happened on, early on in the questioning of the complainant when
you observed a vehicle back up, then you, you shot over to that to make surethatindividua[was, you
found out was involved based .on the interaction of (inaudible)?

Q. And that, end

16

•

I,

2

A. Yes. Yes.

3

4

Q. Okay. Do you have any questions Inspector?

5
6

W. Did you cover that? That last sentence?

7
B

Q. Yes, I did. He never asked him about either one of these 1 that's what he said earlier, he never

9

asked. And just to, we'll just cover this to confirm, you never stated you asked him about
masturbating or erection when you stopped him _initially, is that correct?

o
I

2

A Y~u're talking about the suspect?

3
4
5

Q. Suspect.

6

A. No, no.

7

s

Q. Okay.

9

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W. Did you ask the suspect about masturbating in the bathroom?

1

A.

No.

3
4

W. Okay, did you ask him about having an erection in the bathroom?

.5

.6

A. No.

7

s

W. Did you ask him if had a medical condition?

9

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A. No, I wouldn't ask him that.

2

W. Okay, what, what did you address with the suspect?

3
4

s
6

7
8

A. What happened, tell me what happened inside, and his main answer was about the mask, why he
was looking over there and some guy yelled at him. Didn't.even ask him why he yelled at you, .
because I made the assumption by what the complainant was saying, he was pissed off about that
and he had said that I didn't actually see him masturbating, it was just I, I knew. So I made the
assumption that it wasn't really, didn't happen.

9

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W. So you're surprised that he was arrested?

-1

.2
3
4

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6

(

A. Yeah, yeah, had no indication from any of the three people that we talked to other than him saying
some guy was masturbating but he didn't see the penis. So the suspect says no he just was having
trouble urinatlng 1 the station attendant says I've seen him in there before and he has trouble
urinating. So I just made the assumption that he has medical issues. Now whether or not he sald
medical issues, I don't know.

7

17

Q. Why didn't you ~sk him why, if he was masturbating?

2
3

A. l don't know.

4

s

Q. You have a complainant telling you this is what took place and if you're investigating potentially a

6

lewd act that took place, and the complainant's stating he was masturbating, why didn't you ask him,
hey this _guy over here says your masturbating, were you masturbating in the bathroom?

7
8
9

A. 11 I don't know why I didn't ask him.

0

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2

Q. Okay 1 cuz he seemed pretty forth coming to the Investigator and provided a very detailed deposition

when he was asked that question.

3

4

5

6
7

·s

A. Sure.
'

MORRIS: That's, that's not a question, that's

a statement.

A. Sure.

·9

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Q. All right, I have no more questions at this time, is there anything further you would like to add?

.2

A. No .

.3
.4

Q. All right, statement is now concl.uded. The time is 1:50PM.

I have read this statement consisting of 18 pages and it is true to the best of my knowledge. I
have placed my initials on the bottom of each p~ge and next to each correction and I have signed
it below.

""7 /7A
Signed this _?-D
_ _ _day of r&-/J/',fat'tf-7

SIGNATURE

18

I

2021

I

ENCLOSURE#
'1

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MEMBER TARGET - NON-CUSTODIAL lNTERROGATJON

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8

STATE OF NEWYORK
COUNTY OF ALBANY
CITY OF ALBANY

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February 22, 2021
.

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This statement is taken from Trooper JARED LAMONICA at. Professional Standards Bureau
Regional Office on February 22, 2021 t by Captain SAMUEL SPEZIO, commencing at 1:37PM.

.

Nortt( "/·" 1
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The letter 'jQtl will denote questions asked by.Captain SPEZIO
The letter IAA" will denote answers provi~ed by Trooper LAMONICA

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This interrogation is being conducted pursuant to Article 16 of the current PBA Collective Bargaining ,
Agreement and the Regurations of the New York State Police, including BA3 and 8A15·.

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You have the right to contact and consult with a union repre$eritative or attorney before being ,'; ·. i'
interrogated, and to have a union representative or attorn~y of your choo~ing present during the:. , ,,

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interrogation. Do you understand this?

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Aa I do~

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Q. You ;:i.re not under arrest. However, Article 16 and the applicable Regulati'ons require you to ·. -, 'l
cooperate and answer truthfully questions relating to the allegations. A refusal by you to cooperate
to,answer questions, or a failure to,ansliver any questions truthfully, may result in disciplinary actioh.;';r, .,":
against yeu, up to and including the termination of your employment Do you understand this? l' "· · :t~/~

pr\:: ·., ·

A. I do.

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You are .entitled to an the rights guaranteed by the State and Federal constitutions. As this is an '-.i" ,.,;
involuntary statement. your "responses during this interrogation are automatically cloaked with ;··~ ·,
criminal immunity. Accordingly, neither your statemet.1ts. nor any information or evidence that is .-; · :
gained as a result of1 or in reliance upon, this interrogation can be used by a police or prosecutorial., ··, ·;
entity against you in support of a criminal proceedi~g•. Do you understand this?
, .•., a,

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,4

A. I do.

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Q. Are you being represented at this time and if so, by whom?

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:

Q. The purpose of this interrogation is to inquire into your activities as a.Member of the New York State,.: ~ ·
Police. Specifically, on November 30, 2020, you became involved in a police investigation wh.ile at ·.~ .
the "Tioga County Rest Area, State Route~17, in .the town of Owego. lt has been alleged that you.' \. ·,
faHed to prqperly Investigate and document a sex offens·e that was, reported' to you •On that date. : : • · , :-

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A. I am, to my left is my PBA Representative STEPHEN JOHNSTONE, and to

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my right, PBAAttorriey
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MARIA MORRIS.

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Q. You were advised on February 12, 2021 of the matter being investigated and that it would be·.

.4

necessary for you to give a statement concerning this matter, is that correct?

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6

A. Correct.

7
8

Q. I am Captain SAMUEL SPEZIO and as a supervising officer and reptesentative of the.

Superintendent I am authorized to conduct this interrogation. This interrogation is being recordea
mechanically at PSB North Regional Office. A full transcript will be prepared, and you will be . :
provided with a copy of the digital recording or will be afforded an opportunity to cause a duplicate qf ··
this recording to be made for your future use. You wi!l be given the opportunity to view the writte'n . · ,
transcript from this recording upon completion to ensure its accuracy and will also be provided with a '. ;; . ;
full copy of the transcript, subsequent to your signature. Do you understand this?

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2
3
4

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6

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8

A. I do.

a.

Also present in the room is Captain WILLIAM WILLIAMS. Do you understand this?

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A. l do.

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Q. The record will note that you are present in response to

'

a direct order. Trooper LAMONICA

'

?

you will }· :,
now be asked questions relating to the performance of your official duties and you are required to
answer these questions. If you decline or refuse to answer any questions, you will be ordered by me, .'
to answec If you then continue in your refusal to answer, disi;;iplinary action will be initiated charging . · ,·, ~
you with disobeying a lawful order. This disciplinary action could result in ttie termination of your
employment with the Division of State Police. You wlH be permitted during this statement to take
breaks when reasonable and appropriate. Having been advised of the above, are you now ready to
proceed with this interrogation?

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:8

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I am.

1
2

A.

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Q. Please state your full name and rank.

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A. My name is JARED LANCE LAMONICA, my rank is Trooper.

6
7

Q. What is your date of entry with the Division of State Police?

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9

A. January 15, 2007 .

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A
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Q .. What is the location· of your current assignme11t?

A.

I'm currently assigned to the Troop 1'F'' Commercial Vehicle Enforcement Unit located out of
Headquarters, Middletown, New York.
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Q. What was your duty status on Monday, November 30, 2020?

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A.

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I. was on duty.

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Q. What tour of duty were you working?

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A. Sorw, ! was working~an A-Line, ,A6. .

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Q. Were you assigned to

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9
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A. I was, the Southern Corr.idor Enforcement Detail.,·

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Q. And what was ·the location of that detail?

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a CVEU checkpoint or detail that day?

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A. The Tioga County rest area, I believe it's referred fo as Nichol's Westbound. , l

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4
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Q. What time did you arrive to the checkpoint, approximately?

6
7
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9

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Q. What otf.ler State Pol!ce members were present for this detail that day?

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Q. Did there become a time when you were approached· or flagged down

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2

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..Q

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facilities?

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by a male exiting the restroom_\:•,;

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A. Yes.

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Q. Please explain this encounter in detail.
.

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A. A, I was setting up ·tor ·the Southern Corridor D~ail, at the time we were m~vin'tj truc;ks out of th!9·~' ·~: j,,\
area. At .that point I rieard a gentleman say, 11 Officers, officers," he had his a~iTI fn the air; he waf>. \ ,:!·;
flagging us down. At that poi ht Sarge also h~ard. it and we both walked towards-the gentleman t~ •:·:!-:·!.•
see what was the problem. At that ·point he said, stated that he saw a gentleman in the bathroom.•:· · , ':
masturbating and that, so at that pojnt I walked to the bathroom to make· s_ure, to see if th~ ':·. · 1:
gentleman was still in there masturbating. I opened the door to the bathroom, the bathroom .wa.$ • ,. · ,
empty, at .that point Sergeant BRENON was interviewing the-complainant, 1.· s~w DOT attendarit\;J:'':~
there, I asked him if had heard or seen anything,. not knowing what the suspect:lobked like, I wanted ;"{.:,}
to see .i{ had heard/seen anything. He told me that tt:ie gentleman in question cotnes there oftenal')g_ ·t:~,/ ·:
that he.might have a mecficanssue and he·pointed over towards his vehicle. At,that poiiltthevehicl¢ 1 :. ..'.,, '.,'.,
was leaving, and I witnessed Sergeant BRENON stop the vehicle and then r;1t tlla:t, okay.
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Q. All right so go ·back to, going. bc;i.ck ori this to clarify, the-complainant.came out of the· restroom and .i / : >,
stated-another male was masturbating in the men'~· room, is that correct?
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A. Sergeant .KARL BRENON,. Trooper JOE VOtlSDEN and Trooper ERIG OELLRfCH
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A. Approximately 5:30. "'

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,A. Correct.

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i~terview the complainant?

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A, · Correi;::t.

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Q. The,othertwo Troopers did not?

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A. No.

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The other-two Troopers at .no time became involved in this, is that correct?

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1 . A. ihat ls correct.

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Q. Did the· complainant tell you that he wanted the maie suspect arr13sted for his ~ctions7

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A.

No.

Q. He never said he wanted the individual arrested that was in the bathroom?

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A. That tie didn't want to get involved.

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A. From what I· understood is he <;tidn'.t want to be involved in, in it complete!y at1 at all. He didn't want to· '· .• ···..
-be involved in it ahd he·stated that he dida'twant to deal with it.
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Q. Okay you mentioned that you.entered
the·men'.s restroom after·being notified-ofttie
incident, c;fid yo"u
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do so with the complainant?
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A. No.

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a. ft wa~ by yourself?

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A. Correct.

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Was it occupied?

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Q. And explain fn detail what you observed, maybe the setup of the bathroom itself.
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A. No.

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Q. lnvolveq with the p<:iperwork or involved in any other capacity?

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And what was his response?

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A. The restroom had two sinks,. a divider, it ·had four urinals-with no privacy dividers ·~r:id then I believei:/'-,' )
was three .staHs 1 with the doors (inaudible).
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A. From what I can recall, yes.

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Q.

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A. No I was not.

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But you ·weren't privy to the convers·atk.m?
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A. That is correqt.

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No.

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Q. Did you gath_er the complainant's basic pedigree information?

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A.

rdid not

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Why not?

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A. I, I don't1 11 I have no idea why·I did not, I did not, I just didn't.
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You .also, stated that you interviewed·.the restroomtattendant, is tQa.t correct?
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A. That is correct.

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Q. And discuss again that interaction; what did he have:to say about the male in question?

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A. He said the male in question stops at the rest, restrooms frequently and that lie se,es, he seer:i him 111.~;,1

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the bati1room l:)efore. He SE;lid he thought he was h~ving an issue iR the past and t~at.he approach~:!\,! ...:~
him about it and he said the gentleman told him that he has issues going to th~ bathroom and so h¢ ,( ,: /1
told me that it could possibly be a m~dical issue with, the suspect.
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Q. Did you obtain the restroom attend·ant's basic pedigree ·jr:,formation?

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Q. And why not?

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A. Once again I, I have no excuse.

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Q. Where was the complainant while you inteiviewed the restroom attendant?

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A. From what I what I can recall he was on the sidewalk with, towards the checkpoint.

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Q. Not in close proximity to where you are interviewing the attendant?

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A. No.
Q. Did you have the complainant respond to his vehicle for any reason?

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A. No.

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Q. Did you, do you recall if he did go to his vehicle after initially speaking with you?

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A. I do not recall.
Q. Did you ever advise the complainant that the ·suspect had some sort of medical c~:indition that made ' ·: :

him, difficult for him to urinate?
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A. I did.

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Q. And what was his response?

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A. Basically thought it, that it was bullshit.

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Q. He said it was bullshit because?
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A. He, he said that he observed him masturbating.

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Q. You stated previously that he wanted nothing to do with this incident, that being the complainant, did · - 1

you ask him specifically if he wished to provide a deposition in relation

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A. I did.
Q. And what was his response?

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A. That he didn't want to be involved.
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to the incident?

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Q. At one point did you tell him that you'd have to contact a local patrol over to respond in order to ·

· secure one?

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A. Yes .
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Q. Did you ever call a local patrol to, to respond to the sc~ne to secure a deposition?

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A. I did not.

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Q. Why not?

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A. IJ I normally do and I didn't this time.

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Q. The complainant stated that he felt you were being dismissive of the situation. Did you tell the
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complainant that it could be a few hours before a patrol would respond to secure his deposition? ' · .

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A. I explained to the complainant that I wasn't from the area, that I would have to contact a patrol car
and it could take anywhere between 10 minutes or an hour, I don't know where the cars were ancl :., · '
that it if he was willing to wait, I'll call, I'll call a car.

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. Q. Did you ever explain that there was no point in making an arrest based upon the information

obtained from the restroom attendant regarding the male's medical condition?

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A. No.

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Q. Did Tech Sergeant BRENON come over to spe·ak with the complainant after int~rviewing the male ' ::

suspect?

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A. I believe so.
Q. And this is while the male suspect is still on scene? ·

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I believe so, yes.

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Q. Do you recall what Tech Sergeant BREN ON told the complainant subsequent to speaking with the

suspect?

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I believe he asked him if he wanted to file a complainant or in a deposition.

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A.

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Q. And what was the complainant's response?

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A. That he didn't want to be involved and he didn't want to deal with the bureaucracy

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of it.

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Q. ,.Did there become a time when the complainant left the rest area?

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A. Yes .

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Q, Explain this in deta[I.

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Q. When Tech Sergeant' BRENON ,came back over after speaking with the-·susp~ct, what was

conversation ·like with the complainant at that time?· _

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A. With between Tech Ser:geant BRENON and?

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Q. The.complarnant

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A. He, 'he just.askeC, him if he wanted to•file a deposition and the-complaint agaih 1 h~ ~id that he didl",l~.i•: ••.~
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want tQ and that was, that was it.
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Q. Okay, so at that point the complainant leaves the•test area?.
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A. He, he basically states that we're New York's finest and. he, he· leaves on his ,own accord.
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Mr. - • the restroom attendant, stated that he heard the complal~ant state, "Thar's \ .-: 1 , :N e w ~ h e w a s walking .away from you. Did he appear frustrated or.-upset with you for ' : .1•
th~ way you were handling the incident?
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The co_mpJainant was frustrat~d from the moment we met ·him.

A. The complainant left. the suspect:left and I continued Commercial Vehicle (?pe~ations.

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Okay so once the complainant left, Tech Sergeant 'BREN ON went back to the:s4~pect and relea~~ ·~:.~.~-~
him at-that time?
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Q. Okay 1 ·but it was one after the other?

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A. Yes, it was the suspect left prior to the complainant

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Q. What f.iapperaed .after the complainant left the rest area?

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A. After I spoke with thecomplainanrJ 1 Tech Sergeant.BRENON came back up,.ask~d him ifheWante8'
to ,file a deposition or a complaint! at that point the defendant said he didn't, he didn't want to .g~~ '.•'• ~--·;,
involved in it, didn't want to deal •with it. I went bl;lck with •~ch Sergeant _
BRENON and he basically·._.: ,; ·,·
had said yeah we didn't have very much so, togo on, so, butfromwhatl recali .. I, can you repeatthe,i ::; ... i.
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question again, I'm. floundering over here?
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I don't recall.
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Q. Did Tech Serge~nt BRENON state that. he was going to document this incident in

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SJS?

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A. No.

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Q. Did he direct you to do so?

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A. No.

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Q. Did _
you ever document this incident in SJS?

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A. No.

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Q. Whyriot?

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A. I, once again I have no excuse, I mean 1 don't do a lot of SJS'§. as part pf m.y ·units yc;,u· knovl:~:'~: \
responsibilities, but as a member of the State Police I know that any interaction''.with the pub[ic we r~.'-· :~~
are $upposed to document.
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Q. The <::0fl1p(ainant1 Mr

and not taking the m •

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stated that he felt you were being dismis.sive ofhis·complaiht. ~,~:-;,~~
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Q. After your Involvement that day1 ~re you aware that this incident.became further investigated by th~:/·,: v:.

New-York-State Police?

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A Yes.

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1was contacted by Investigator ALLEN, I was also called by L_leutenant CEASE the next"d~y·stating ,~·•·' :"'
that the complainant mage a complaint against myself and Tech Sergeant BRENON.
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Q. What was the conversation like between Investigator ALLEN and yourself,

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Q. How?

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Like I ·said before Its-Just in reg~rds to what oc;curred in the rest area that day.a~cl my take on it; :~ ·};}:'..

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Were you able to provide him any information for who you interviewed?

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n¢.~rest State Policfl~"}
barracks.and contacted them to report the sex offense. Do you believe his ·immediate request t~::'! ~~_
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have another member of'the New York State Police investigate this incident is in'djcative of YOlfr l~c}stt;"~ / ~,
of investigative effort or willingness to provide assistance initially?
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Q. AfterMr.~epar;ted the re~t area, he stated that he looked up the

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A. He stated on scene that he didn't want to be involved several times to oath' ~yself and Serge~r,t)1[}..:
BRENON, so·I do not think it's a lack of what-we did on scene. T.he complainant was notcooperatw;e ·...~;:••j fr.
on- scene, ·he was agitated from the moment we met him UJ')tll he left. I, lik~ I ~aid before I~, its,i,,:_:~.~.
nothing for us to call a cat, like we can easily call a car, we've don~ it in the pa~t.·,'.lf I make an arrest:~;'.:?
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in Plattsburgh, the local car handles it. If I make an ar,rest in Troop "F" the local car comes and ta~e~, '-~1.c ,1·1
the arrest. It's, it's really rtot, you know if he wants a car, I'll call him a car. It's, that's it.
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Q. Did Investigator JEREMIAH ALLEN ever re-contact you to advise that he located· arid subsequently:i · .7 ,_..
arrested the suspect?
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d. Werei were you ever. advised at any point that an arrest ~as made?

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A. No, I just found out on my own when I read the $.JS.

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A. ·1 believe so, he called a Trooper over to help h!m, he doesn't know that 1•·m •ftom Troop "F",. h~:s~/t;~·
doesn't know the Sergeant's from Troop 1'D 11 • He doesn't know that I'm notfrom'thearea, he se~s·~4{1(:/~
State Police officer in uniform and expects a certain type of service and_ I uha~rs'tand where 'h.l~~ ·1;, t"~
frustration is.where I'm trying to explain to him where we would have to-call, ~e'd have to do all tliis_.~;:; ;',
stuff and it could take time. Yeah, he seemed like he wa~, he wanted to leave ~nd I can't hold hin, ,t.:~.~ ·
there. If ~e wants to leave, .he can leave on his own.accord.
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Q. So the complaim~nt felt frustrated with our normal ·process i'n that situation ·i~ ·~h-~t you're· sayingi-:

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Wher:i was that?
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A This week when I' got notified to come up here,, I was told that there was an SJS. made in, in it and~l\~~:\i;,
looked it 4P~
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Q. Were you ·surprised that an arrest was made?
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A. I mean he didn't want to make an arrest on scene and according to the SJS he qicin t p □rsue crimin$.ljf ,;i
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charges until I believe it was December 23 rd , it was a month after the incident.

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Q. Why do you think it took_ a month to make a crimina·! arrest?

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A Well it t0ok·a little w~ile to find the guy and it do4fd have been a lot easie~ if l:g~t ~is information an~·:\()

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I understand that.

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Q. Okay. The suspect provided a statement to Investigator ALLEN in which he admitted that prior fr/'.·/:1

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entering the rest room, he had an erect penis due to thinking ab.out having-se.x ~th men. He ~lsp .'.~;~,;}
stated that he had to µrinate and began to masturbate in order to do so. Th~ cofnplainant advise'd.: ,',~.: •.:
you that the same male in question was masturbating in ,the. res~ room 'in his presence.
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In NY State1 . a person that exposes themselv~s .in a lewd manner in p4blic '-i~{comm_itting· a -s~'6-;;~~: /
offense. The ,cornplaiaant described an incident that fits this criterion' very. well~7 Looking back o}t}?;}fi;
your involvement and responsibility of-a New York State Trooper, do.you feel th~fyou.ihvestigatecJ .• 1Ji
· this sex offense thoroughly and appropriately?
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Signed this _

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