New York State Police, Trooper Christian McCarthy Notice of Suspension, 1999
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~,5,.~-.- l ' :t I(\ ' NEW YORK STATE POLICE STATE CAMPUS A LBANY, NY 12226-000 1 -....l'>.'cl1.s1.o~ J AMES W . McMAHON SLIPERINTENOE.NT August 30, 1999 Trooper Christian McCarthy New York State Police Troop "K" Poughkeepsie, New York LETTER OF CENSURE NOTICE OF SUSPENSION Dear Trooper McCarthy: On July 26, 1999, while assigned to the Woodstock Music Festival Detail in Rome, New York, you engaged in misconduct when you posed for photographs with a semi-nude female concert attendee while on-duty and in uniform. To further exacerbate matters, you apparently instructed your Field Training Officer trainee, Trooper Edward Kosilla, to take a photograph of you with the semi-nude woman. - - . Accordingly, you are hereby formally censured. You are also suspended without pay for twelve (12) days, September 8, 1999 through September 19, 1999. Very truly yours, WayneE. Bennett First Deputy Superintendent ft u 40% Prt1-CooSL1~r COfllenL 1~ Pos~Con5Uffll:I.' Canter.ii FIRST ENDORSEMENT TO: Major James Schepperly, Troop Commander, Troop "K" New York State Police, Poughkeepsie, New York FROM: Trooper Christian McCarthy, Troop "K" New York State Police, Poughkeepsie, New York Q_,1,'V\_ DATE: SUBJECT: PERSONNEL INVESTIGATION Pursuant to Rule 3.4 of the New York State Police, member: ~ c e p t s the penalty imposed by the First Deputy Superintendent. □ I decline to accept the penalty imposed by First Deputy Superintendent. I request, pursuant to Rule 3.4(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 I understand that the penalty imposed by the First Deputy Superintendent will be withdrawn and will not be binding on the hearing board, nor the Superintendent, once charges are executed. SECOND ENDORSEMENT TO: First Deputy Superintendent Wayne E. Bennett FROM: Major James Schepper1J4ftop Commander, Troop "K" New York State Police, Poughkeepsie, New York DATE: SUBJECT: PERSONNEL INVESTIGATION Forwarded for appropriate action. GENL.? REV.3-73 NEW YORK STATE POLICE MEMORANDUM Troop_H._Station Division Headquarters Date August 12, 1999 To: Trooper Christian McCarthy, Troop "K" New York State Police, Poughkeepsie, New York From: First Deputy Superintendent Wayne E. B e n ~ Subject: PERSONNEL INVESTIGATION Pursuant to Rule 3 of the New York State Police, I have reviewed the reports of an investigation into your activities on July 26, 1999. It appears that on July 26, 1999, while assigned to the Woodstock Music Festival Detail in Rome, New York, you engaged in misconduct when you posed for photographs with a semi-nude female concert attendee while on-duty and in uniform. To further exacerbate matters, you apparently instructed your Field Training Officer trainee, Trooper Edward Kosilla, to take a photograph of you with the semi-nude woman. I find reasonable cause to believe that your conduct violated Regulations of the State Police, including Regulation 8.41. It is my judgment that you be suspended without pay for twelve (12) days, and formally censured. Rule 3.4 of the New York State Police Administrative Manual sets forth the procedures you are to follow. Pag~: 3 Document Name: untitleu REPORT OF PERSONNEL INVESTIGATION FILE NUMBER: 990467 CASE TYPE: PERSONNEL MODE RECEIVED: I N PERSON CTV: C/ROME INCIDENT DATE: JULY 26, 1999 TIME : 03:30AM TROOP DESIGNATION: DIVISION HEADQUARTERS INCLUDING AVIATION INVESTI GATED BY: D INVESTIGATIVE REPORT DUE DATE: AUGUST 27, 1999 COMPLAINANTS NAME: PA ADDRESS: SUBJECTS NAME: RUSS S CAPRIA RANK: TROOPER DOE: OCTOBER 23, 1997 SEX: MALE TZS: K - BREWSTER MILITARY SERVICE: NAME: EDWARD KOSILLA DOE: NOVEMBER 2, 1998 RANK: TROOPER SEX: MALE TZS: K - LAGRANGEVIL-SAT MILITARY SERVICE: VETERAN OF MULTIPLE PERIODS OF CONFLICT NAME: CHRISTIAN MCCARTHY RANK: TROOPER DOE: APRIL 11, 1994 SEX : MALE TZS: K - LAGRANGEVIL-SAT MILI TARY SERVICE: NAME: ERIC D REED RANK: TROOPER DOE: APRIL 11, 1994 SEX: MALE TZS: K - POUGHKEEPSIE MILITARY SERVICE: NAME: JAMES A WHITTEL RANK: TROOPER DOE: SEPTEMBER 27, 1993 SEX: MALE TZS: F - MIDDLETOWN MILITARY SERVICE: NAME: TERRY R MALER DOE: MAY 4, 1998 RANK: TROOPER SEX: MALE TZS: F - WURTSBORO -SAT MILITARY SERVICE: VETERAN OF MULTIPLE PERIODS OF CONFLICT NAME : CHRISTOPHER P HANLON RANK: SERGEANT S/C SEX: MALE TZS: D - REMSEN MILITARY SERVICE: DOE: FEBRUARY 16, 1981 Date: 10/28/1999 Time: 06:56:05 PM Pase: 4 Document Name: untitleu ADMINISTRATIVE PERSONNEL RECEIVED BY: NAME: ARTHUR J HAWKER DATE: JULY 26, 1999 RANK: STAFF INSPECTOR TIME: 11:45AM MEMBER AT DIVISION NOTIFIED: NAME: JOSEPH F LOSZYNSKI RANK: ASST DEPUTY SUPT DATE: JULY 26, 1999 TIME: 12:00PM MEMBER AT TROOP NOTIFIED NAME: RANK: DATE: TIME: CASE SYNOPSIS Complainant, Reporter for the Syracuse Newspaper, and another Reporter, allege several Troopers at Woodstock '99 asked two female attendees to disrobe and then had their picture taken withthe women. IAB West to investigate - level 4 . . . . . END REPORT ..... Date: 10/28/1999 Time: 06:56:05 PM GENL. 30 REV. 12/93 NEW YORK STATE POLICE COVER PAGE TITLE OF CA SE REPORTING TROOP M ANAGING T ROOP DATE OF REPORT Complainant: PAT LOUISE H H- IAB 08/04/99 DATE OCCURRED TZS CTV CODE 07/26/99 D111 D3301 INVESTIGATIVE PERIOD TYPED BY Title: Sergeant S/C CHRISTOPHER P. HANLON SP Remsen, EOD: 02/16/81 fsc 1820 CHARACTER OF CASE • ICC CODE) COMPLAINT AGAINST PERSONNEL (PCT0100) STA TION CASE# Internal Affairs Bureau - West DCN-990467 STATUS OF CASE ( ) CA I ) CIEC ( l CIINV I ) CNNF ( ) OPEN ( X l CIFND REFERENCE: Report of Personnel Investigation #990467, dated July 26, 1999 ENCLOSURES: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. To Division Headquarters and Troop D: Memorandum of Trooper Glenn R. Miner, dated July 29, 1999. Memorandum of Staff Inspector ARTHUR J. HAWKER, dated July 26, 1999. Memorandum of Sergeant ERIC C. MEYBAUM, dated July 28, 1999. Statement of dated July 27, 1999. Statement of ated July 27, 1999. Statement of TIMOTHY FINNEGAN, dated July 27, 1999. Statement of RICHARDT. BROPHY, dated July 27, 1999. Statement ofTpr. GEORGE D. MACLARTY, dated July 27, 1999. Stat~ment ofTpr. TIMOTHY K. JACKSON, dated July 27, 1999. Statement of Sergeant SIC CHRISTOPHER P. HANLON, dated July 28, 1999. Statement ofTpr. ERIC D. REED, dated July 28, 1999. Statement ofTpr. CHRISTIAN MCCARTHY, dated July 28, 1999. Statement of Tpr. EDWARD KOSCILLA, dated July 28, 1999. Statement of Tpr. JOHN K. SUNDSTROM, dated July 28, 1999. Statement ofTpr. JOHN E. HALLENBECK, dated July 28, 1999. DISTRIBUTION: ( h OHO I FOR TROOP/DIVISION HEADQUARTERS USE ONLY l TROOP ( °j l OTHER: DESTROY IN 19_ _ __ INITIALS_ _ _ _ __ PERMANENT RETENTION _ _ _ _ _ __ _ _ _ _ __ INITIALS _ _ _ _ __ TITLE (Con't.) TROOPER RUSS S. CAPRIA, EOD 10/23/97, TROOP "K" TROOPER EDWARD KOSCILLA, EOD 11/02/98, TROOP "K" TROOPER TERRY R. MALER, EOD 05/04/98, TROOP "F" TROOPER CHRISTIAN MCCARTHY, EOD 04/11/94, TROOP "K" TROOPER ERIC D. REED, EOD 04/11/94, TROOP "K TROOPER JAMES A. WHITTEL, EOD 09/27/93, TROOP "F" ENCLOSURES (Con't) 16. 17. 18. 19. 20. Statement ofTpr. CLIFFORD A. BEAUMONT, JR, dated July 29, 1999. Statement ofTpr. RUSS S. CAPRIA, dated July 29, 1999. Statement of Tpr. WILLIAM R. NEMETH, dated July 29, 1999. Statement of Tpr. JAMES A. WIDTTEL, dated July 30, 1999. Statement of Tpr. TERRY R. MALER, dated July 30, 1999. 2 SYNOPSIS: On July 26, 1999 Syracuse Newspaper employees reported that at approximately 3 :30 AM that date, they had witnessed several Troopers at one of the Woodstock '99 exits soliciting two females to remove their clothing, and when the females did so, the Troopers posed with and photographed them. Investigation has determined that Sergeant SIC ClllUSTOPHER P. HANLON, Troopers RUSSS.CAPRIA,EDWARDKOSILLA,TERRYR.MALERCHRISTIANMCCARTHY,ERIC D. REED, and JAMES A. WlllTTEL participated in this behavior while on duty and in uniform. Their conduct was initially reported in the Syracuse Post Standard and has since been the subject of national media attention. This matter is Founded and disciplinary action is recommended. AT WOODSTOCK '99, ROME, NEW YORK 1. On July 26, 1999 Trooper GLENN l'v11NER, SP North Syracuse, advised Staff Inspector ARTHUR J. HAWKER, Internal Affairs Bureau - Western Region, two employees of the Syracuse Newspapers wished for an official statement from the New York State Police concerning their position on uniformed members requesting two women to disrobe at the Woodstock 99 mus ic festival and then obtaining photographs of the nude women posing with the uniformed members. Staff Inspector HAWKER advised Colonel KENNETII T. COOK of the allegation and assigned Lieutenant FRANCIS S. COOTS to conduct an investigation. Reference Enclosure #1 Memorandum of Trooper Glenn R. Miner, dated July 29, 1999. 2. On July 26, 1999 at 12:00 PM Staff Inspector HAWKER interviewed PAT LOUISE, Madison County Bureau Chief for the Syracuse Newspapers. Ms. LOUISE stated on July 26, 1999 atabout3 :30 AM she and MICHELLE L. BREIDENBACH observed a group of uniformed Troopers near either the North or South Gate of Woodstock '99 pose with two females who were either partially or completely unclothed. Ms. LOUISE added she had the names of the two women, the name of one of the Troopers and several license plate numbers of the Division vehicles parked at this location. Ms. LOUISE would not divulge the information at this time as she wished to consult with her editor and the newspaper's attorneys. Ms. LOUISE declined to provide any further information and a written statement at this time, indicating that she would recontact Inspector HAWKER with a decision from her supervisor. 3. On July 26, 1999 at 12:30 PM Staff Ins ector HAWKER interviewed MICHELLE L. BREIDENBACH, DOB: reporter for the Syracuse Newspapers. Ms. BREIDENBACH stated she was present at the time the photographs were taken and the location was somewhere near the bus loop either at the north or south gate. Ms. BREIDENBACH declined to provide any further information and would not provide a written statement. Reference Enclosure #2 Memorandum of Staff Inspector ARTHUR J. HAWKER. dated July 26, 1999. 3 AT FLOYD VOLUNTEER FIRE HALL, FLOYD, NY 4. On July 26, 1999 at 4:30 PM interviewed Lieutenant GREGORY E. WALSH, SP Oneida, the command post officer for Woodstock '99 detail. Lieutenant WALSH provided writer with a list of supervisors who had venues on the perimeter near the north and south gates in an effort to determine who was assigned to these posts. AT SUNY MARCY, ROME, NY 5. On July 26, 1999 at 7:15 PM interviewed Zone Sergeant RICHARD R. D'AGOSTINO, EOD: 02/21/77, SP Islip Terrace who stated that on July 26, 1999 at approximately 1:00 AM he assumed a venue at the south gate near the bus loop. Zone Sergeant D' AGOSTINO assumed his duties and was supervising approximately ten Troopers at the south gate. When his detail arrived at the south gate, six or seven Troopers were present and the supervisor of these six or seven Troopers was at the north gate. The other supervisor was identified as Sergeant ERIC MEYBA UM. Zone Sergeant D' A GOS TINO added at no time did any of the Troopers under his command take or pose for photographs with either partially nude or completely nude women. Zone Sergeant D' AGOSTINO was the only member of his group, as far as he was aware, who was in possession of a camera. 6. On July 26, 1999 at 7:45 PM interviewed Sergeant ERIC C. MEYBAUM, EOD: 09/22/86, Troop "G" EMNCO, who was assigned to Woodstock '99 as a venue supervisor. He stated that on July 26, 1999 at about 7:00 PM he and ten Troopers assumed their position to patrol the north and south gates. Sergeant MEYBA UM positioned four Troopers at the south gate , two Troopers to patrol between the south and north gate, with himself and the four remaining Troopers assuming a position at the north gate. Sergeant MEYBAUM identified the four Troopers who were at the north gate as RICHARDT. BROPHY, TIMOTHY K. JACKSON, TIMOTHY H. FINNEGAN andGEORGED. MACLARTY, all from Troop "K", SP Rhinebeck. At approximately 12:00 AM an additional ten Troopers and one supervisor arrived at the north gate to assist in the egress of the vehicular and pedestrian traffic. Sergeant MEYBAUM identified the supervisor as Sergeant CHRIS HANLON but could not identify any of the ten Troopers who had arrived. Sergeant MEYBA UM and Sergeant HANLON remained in contact with each other as the morning progressed but Sergeant MEYBAUM' s four Troopers remained close to the north gate and provided security to the MRT van. Sergeant MEYBAUM stated at no time did his four Troopers leave his location to interact with the ten Troopers under Sergeant HANLON's command. At an unknown hour, but sometime after midnight on July 26, 1999, Sergeant MEYBA UM witnessed two women near Sergeant HANLON and his ten Troopers. One was completely unclothed and the other was replacing her top when Sergeant MEYBAUM directed his attention towards this incident. Sergeant MEYBAUM was able to observe only the posterior of the women and Troopers but did observe several photographs being taken by the Troopers with other Troopers posing with these women. Sergeant MEYBAUM was unable to identify the Troopers who were either posing or taking the photographs. He believed a distance of approximately one hundred feet separated his detail from Sergeant HANLON's , and the lighting conditions were poor, which further limited his sight capabilities. Sergeant MEYBA UM stated that neither he nor any of his assigned Troopers took any photographs. Reference Enclosure #3, Memorandum of Sergeant ERIC C. MEYBAUM, dated July 28, 1999. 4 AT INTERNAL AFFAIRS BUREAU, ALBANY, NY On 7/27/99 Lieutenant MATTHEW RENNEMAN, IAB North, interviewed dob who state 7/2~roached a group of6-8 Troopers accompanied by her friends a n d - t o inquire about the status of the rioting. While there, she observed posing topless with some of these Troopers. -began to walk away when members o(.this group asked h e r ~ t o be photographed too. She obliged and posed topless for a brief time singularly, w i t h - a n d with two uniformed members. She then disrobed completely for "two seconds", but couldn~ber ''how it was encouraged for me to take my bottoms down, but you know, it was...." ~ a s n't able to identify any of the TrooP.ers but advised six or seven of them were taking pictures. She also didn't know what prompted o undress initially. llllllla.dvised-othin physical/sexual was requested or occurred and that no Trooper physically touched her or nor did she touch an of the Troopers. Reference Enclosure #4, statement of dated July 27, 1999. 7. On 7/27/99 Lieutenant RENNEMAN interviewed doh who corroborated-tory, adding that the Troopers' r ~ i c t u r e , "how abouts owmg a little for the camera", prompted her to take her top off: .- w a s not completely sure if a Trooper asked her to remove her top or if it was an uninvolved citizen. However, she was fairly confident the request came from a Trooper. She never removed her shorts during the time nor w ~ ested to do so. - a d v i s e d nothing physical/sexual was requested or occurred.111111111111-'tdded she provided her name and address to an unidentified~ but was not re uested by any Division member to provide this information. - a n ~ s well as then de arted after the photographic encounter. Reference Enclosure #5, statement of dated July 27, 1999. AT TROOP K HEADQUARTERS, POUGHKEEPSIE, NY 9. On 7/27/99, Lieutenant PATRICK REGAN, JAB South interviewed Tpr. TIMOTHY FINNEGAN, EOD: 11/02/98, Troop K, SP Rhinebeck, who stated that he was assigned to secure the l\tfRT van at a post adjacent to the one in question (Venue 2, Post 6). He was assigned there with SgtivlEYBAUM, as well as Tprs BROPHY, JACKSON, and MACLARTY. The only members he recognized at the other post were Tprs JOHN HALLENBECK, EDWARD KOSILLA, and an "F:" Trooper. Tpr FINNEGAN stated he had no knowledge of females being photographed and took no part in any such activity. Reference Enclosure #6, statement ofTpr. TIMOTHY FINNEGAN, dated July 27, 1999. 10. On 7/27/99 Lieutenant REGAN interviewed Tpr RICHARDT. BROPHY, EOD: 03/20/89 Troop K, SP Rhinebeck, who was assigned to secure the .MRT van. He claimed to have no pertinent information regarding the photographing of topless or nude females by members. Reference Enclosure #7, statement ofTpr. RICHARDT. BROPHY, dated July 27, 1999. 11. On 7/27/99 Lieutenant REGAN interviewed Tpr GEORGE D. MACLARTY, EOD: 10/28/96, SP Rhinebeck Troop K, who was also assigned to the MRT van and claimed to have no knowledge or information concerning unclothed females being photographed by members. Reference Enclosure #8, statement ofTpr. GEORGE D. MACLARTY, dated July 27, 1999. 5 12. On 7/27/98 Lieutenant REGAN interviewed Tpr TIMOTHY K. JACKSON, EOD: 11/02/98, SP Rhinebeck Troop K, who was also assigned to the MRT van No pertinent infonnation was gleaned as a result of this interview. Reference Enclosure #9, statement <,fTpr. TiMOTHY K. JACKSON, dated July 27, 1999. AT lAB WEST, LIVERPOOL, NEW YORK 13. On 7 /28/99, Lieutenants FRANCIS S. COOTS and JEFFREY D. RAUB, IAB West, interviewed Sergeant/SC CHRISTOPHERP. HANLON, EOD: 02/16/81, SP Remsen, Troop "D", who stated he was the venue supervisor near the North Gate at Woodstock '99 on July 26, 1999 at about 3:00 AM. Sergeant HANLON admitted being the supervisor of the Troopers described by reporter PAT LOUISE and that he and other Troopers photographed one nude woman and one partially nude woman. Sergeant HANLON advised that, to his knowledge, no one had solicited the girls to disrobe, but he could not say whether anyone requested either ofthese two women to disrobe out of his hearing. Sergeant HANLON admitted taking two hotographs ofthese naked women with a Division camera usin film he had ersonall urchased. ReferenceEnclosure#lO,statementofSergeantS/CCHRISTOPHERP.HANLON,datedJuly 28, 1999. AT TROOP "K" HEADQUARTERS, POUGHKEEPSIE, NEW YORK 14. On 7/28/99 Lieutenant MICHAEL A. KOPY, IAB South interviewed Tpr ERIC D. REED, EOD: 04/11/94, Troop K Recruiter, who stated he was pres ith a topless female ut denied either of the two emales were completely STIAN MCCARTHY also os w 'th the fe 15. On 7/28/99 Lieutenant KOPY interviewed Trooper CHRISTIAN MCCARTHY, EOD: 04/1 1/94, SP LaGrange, Troop "K", who stated he was present at the North Gate of Woodstock '99 on July 26, 1999 at about 3 :00 AM. Tpr. MCCARTHY admitted that along with Tpr REED, he posed with a topless female, and that as a Field Training Officer, he instructed Probationary Trooper EDWARD K OSILLA, to take his picture with the female. He states he did not solicit the female to disrobe nor did any other member do so. Tpr. MCCARTHY states he never observed either woman completely nude. Tpr. MCCARTHY further indicates that Tpr JAMES WHITTEL, Troop "F", may have participated and that Sgt HANLON was also taking pictures- 6 Reference Enclosure #12, statement ofTpr. CHRISTIAN MCCARTHY, dated July 28, 1999. 16. On 7/28/99 Lieutenant KOPY interviewed probationary Trooper EDWARD KOSCII.LA, EOD: 11/02/98, SP LaGrange, Troop K, who was assigned to Woodstock ' 99 on July 26, 1999 and was at the North Gate at about 3 :00 AM. Tpr. KOSCILLA described the two women who were referred to in the newspaper article and stated that his FTO, Tpr MCCARTHY, instructed him to photograph Tpr. MCCARTHY and Tpr REED with two females who had bared their breasts. No solicitation to strip was done or heard by him, and Tp A was not sure if an other Division member took a hoto a h of the two women. Reference Enclosure #13, statement of Tpr. EDWARD KOSCILLA, dated July 28, 199 . 17. On 7/28/99LieutenantKOPY interviewed Trooper JOHNK. SUNDSTROM,EOD: 10/05/72, SP Claverack, Troop K, who was assigned to Woodstock '99 and was assigned to the North Gate on July 26, 1999 at about 3 :00 AM. He stated that he saw a female lift her shirt and stand in front of Tpr REED, then saw a camera flash but is uncertain if it was Sgt HANLON who took the photo, noting that there were 6 to 8 members "in the area", including HANLON, REED, and Tpr JOHN HALLENBECK. Tpr SUNDSTROM did not hear anyone request either female to disrobe. Reference Enclosure #14, statement ofTpr. JOHN K. SUNDSTROM, dated July 28, 1999. 18. On 7/28/99 Lieutenant KOPY interviewed Trooper JOHNE. HALLENBECK, BOD: 09/27/ 93 SP Claverack, Troop K , who was assigned to the area near North Gate on July 26, 1999 at approximately 3:00 PM. Tpr. HALLENBECK stated he never requested nor did he overhear any Division member request any female to disrobe either partially or full . T r. HALLENBECK HY and REED ose with to less females t this point Tpr. HALLENBECK observed Sgt. HANLON pomtmg a camera mt e uectlon of the two females and Tprs. REED and MCCARTHY. Tpr. HALLENBECK believed Sgt. HANLON took a photograph at this time because he overheard Sgt HANLON state, "my camera didn't work." He did not hear or partake in any solicitation of the girls to strip. Reference Enclosure #15, statement ofTpr. JOHN E. HALLENBECK, dated July 28, 1999. 19. On 7/29/99 Lieutenant KOPY interviewed Trooper CLIFFORD A. BEAUMONT, JR., BOD: 01/08/96, SP Wappinger, Troop K, who was assigned to the Woodstock '99 North Gate area on July 26, 1999 at about 3 :00 AM. Tpr. BEAUMONT stated that he was about 150 yds away 7 from 3 or 4 Troopers and a female with no shirt (her back was to him), when he saw 2 or 3 camera flashes. Trooper BEAUMONT went in the direction of the group, but it broke up and he saw Sergeant HANLON and Tpr MCCARTHY in the location ofthis former group. Tpr. BEAUMONT did not hear or observe any Division member request any pers~n remove their clothing or pose for photographs. Reference Enclosure #16, statement ofTpr. CLIFFORD A. BEAUMONT, JR, dated July 29, 1999. ·20. On 7/29/99 Lieutenant KOPY interviewed Trooper RUSS S. CAPRIA, EOD: I 0/23/97, SP Brewster, Troop K, who was assigned to the North Gate area ofWoodstock '99 on July 26, 1999 at approximately 3:00 AM. Tpr. CAPRIA stated that h e was involved in an incident wherein Tpr MCCARTHY requested he take a photograph with Tpr. MCCARTHY's camera while he posed next to a topless female. Tpr CAPRIA states that during this time, two other members were also posed, but he does not recall exactly who they were, as Sgt HANLON, Tpr WIDTTEL, and a Trooper from Troop "F" (Tpr MALER) were all in this location. Tpr. CAPRIA states he took 2 or 3 photos using two different cameras as he was requested by someone in addition to Tpr. MCCARTHY but was m1sure as to who made this request.. Approximately 20 minutes later he states, a topless female and a clothed female were near their group and the topless one asked in general if anyone wanted to take her picture. Tpr CAPRIA turned and shone his flashlight on her while an unknown member (presumably Sgt HANLON) took her picture, but the flash failed to go off. Tpr CAPRIA did not request nor did he hear any Division member request either woman to remove any part of her clothin . T r. CAPRIA was able to lace T r REED and 3 other unknown members at this event. Reference Enclosure #17, statement ofTpr. RUSS S. CAPRIA, July 2-9, 1999. 21. On 7/29/99 Lieutenant KOPY interviewed Trooper WILLIAM R. NEtvfETH, EOD: 04/30/ 97, SP Brewster, Troop K, who was assigned to the North Gate of Woodstock '99 on July 26, 1999 at about 3:00 AM. Tpr. NEMETH never observed, did not take, did not hear any member request nor did he request any female patron to disrobe or to have her photograph taken by any Division member. The only information Tpr. NEMETH could provide relative to this investigation, was he observed a topless female departing the area of Tpr. MCCARTHY, after which Tpr. MCCARTHY stated to Tpr NEMETH that the woman wanted her photograph taken. Tpr. NEMETH was not advised by Tpr. MCCARTHY whether the female took a photograph or one was taken by Tpr. MCCARTHY. Reference Enclosure #18, statement of Tpr. WILLIAM R. NEMETH, July 29, 1999. AT TROOP "F" HEADQUARTERS, MIDDLETOWN, NY 21. On 7/30/99 Lieutenant KOPY interviewed Tpr JAMES A. WIDTTEL, EOD: 09/27/ 93 , SP Middletown, Troop "F", who was assigned to the North Gate ofWoodstock '99 on July 26, 1999 at about 3 :00 AM. Tpr. WIDTTEL admitted taking part in at least 3 separate incidents of 8 photographing nude or semi nude females, including the incident as reported by the Syracuse paper. He places Tprs REED, MALER and MCCARTHY as well as Sgt HANLON there participating in the activity but denies that any member solicited the girls to take off their clothes. Tpr. WIIlTIEL was unclear as to why one of the women removed all of her clothes, and admitted that he photographed Tpr. MALER with a different topless female. According to Tpr. WIDTTEL' s recolle · · d her shirt u when T r. WHITTEL was ised to take the Reference Enclosure #19, statement of Tpr. JAMES A. WIDTTEL, dated July 30, 22. On July 30, 1999 Lieutenant KOPY interviewed probationary Trooper TERRY R. MALER, EOD: 05/04/98, SP Wurtsboro, Troop "F", who was assigned to the North Gate at Woodstock '99 on July 26, 1999 at 3:00 AM. Tpr. MALER stated he was photographed by Sgt. ~NLON while he was posing with a topless woman, and recollected that the woman had requested that a photograph be taken of her. Tpr. MALER believed Tpr. WlilTTEL took a photograph at this time as well. Tpr. MALER states he took an additional photograph ofa different woman who offered to expose her nipple ring without any prompting by any member. Tpr. MALER could not recall whether any other member took a photograph ofthis female. Tpr. MALER stated he was not present and was not aware that there were any other photographs t e of either nude or artiall nude females other than the ones he had reviously described. Reference Enclosure #20, statement of Tpr. TE CONCLUSION: Investigation by the Internal Affairs Bureau has i d e ~ e ~captioned members as having participated in posing with or photographinglllllllllltndllllllllllllllld other wlidentified, I d fi 1 hit d th . . d d all d . th . . I t . photographic evidence has been recovered, with the four members who admitted to havmg taken pictures stating that they destroyed their film once the conduct became publicized. The individual levels of culpability and the Regulations violated are hereafter listed: 9 Sergeant/SC CHRISTOPHER HANLON - Sgt. HANLON was the NCO in charge of a detail o 11 Troopers who were assigned to crowd and traffic control at the North Gate area. B ~own admission he encouraged his subordinates to take part in the nude photography o f - a n d and did take at least two photographs of the women himself, utilizing a Division camera. While under his supervision, at least six members of Sgt. HANLON' s squad did neglect their duties and did engage in improper and unprofessional conduct. By his actions, Sergeant HANLON did violate: Reg. 8A4 Failure to deal with the public in a courteous, dignified, and businesslike manner Sgt. HANLON, along with his subordinates, acted in an improper and unprofessional manner by soliciting fem ale members of the public to expose themselves so that members of the State Police could photograph them and pose with them. Reg. 8A8a Misconduct- Sgt. HANLON did engage in misconduct by setting an extremely poor leadership example for those he supervised by personally encouraging and participating in the solicitation two females to remove their clothing and then photographing them with a Division issue camera, while neglecting his duties as both a supervisor and member of the State Police. Reg. 8A8b Acting in a manner tending to bring discredit upon the Division - by participating in encouraging public displays of nudity by female concert patrons, by then photographing them while in uniform in full view ofthe public, and having these actions widely reported in the national media. Reg. 8A9d Neglect of duty - by becoming engaged in the photographing of female concert patrons, Sgt. HANLON did neglect his duties as a member of the State Police and as a supervisor of Troopers assigned to specific traffic and crowd control functions. Reg. 8A9e Failure to assume responsibility or to exercise diligence in the performance of official duties - Sgt. HANLON did fail to act in the manner appropriate for a supervisory member by allowing his subordinates to neglect their duties and become pre-occupied with photographing nude and semi nude females on their post. Trooper RUSS S. CAPRIA- Tpr. CAPRIA, at the request ofTpr. MCCARTHY, and also another unknown member, did use two cameras to photograph colleagues with a topless female. Approximately twenty minutes later, he used his flashlight to illuminate another topless female while she was being photographed by other Division members. By his actions, Tpr. CAPRIA did violate: Reg. 8A4 Failure to deal with the public in a courteous, dignified, and businesslike manner Tpr CAPRIA exhibited improper and unprofessional conduct by soliciting female members of the public to expose themselves so that members of the State Police could photograph them. Reg. 8A8b Acting in a manner tending to bring discredit upon the Division - by engaging 10 in the photography of topless females while in uniform in a public location, actions which became reported in the national media. Reg. 8A9d Neglect of duty - assigned to traffic and crowd control, Tpr. CAPRIA ignored his assignment by becoming pre-occupied with photographing one topless female and by watching another being photographed while he illuminated her with a flashlight. Trooper EDWARD KOSCILLA - a probationary member, Tpr. KOSCILLA, at the request of his Field Training Officer; Tpr. MC CARTHY, did photograph Tprs. MC CARTHY and REED while they posed with a topless female. By his actions, Tpr. KOSCILLA did violate: Reg. 8A4 Failure to deal with the public in a courteous, dignified, and businesslike manner Tpr KOSCILLA exhibited improper and unprofessional conduct by soliciting female members of the public to expose themselves so that members of the State Police could photograph them. Reg. 8A8b Acting in a manner tending to bring discredit upon the Division - by engaging in the photography of a topless female while in uniform in a public location, actions which became reported in the national media. Reg. 8A9d Neglect of duty- assigned to traffic and crowd control, Tpr. KOSCILLA ignored his assignment by becoming pre-occupied with photographing a topless female Trooper TERRY R. MALER - a probationary member, Tpr. MALER did pose with a topless female while in uniform and on duty. He also did engage in the photographing of at least one additional topless female. By his actions, Tpr. MALER did violate: Reg. 8A4 Failure to deal with the public in a courteous, dignified, and businesslike manner Tpr. MALER exhibited improper and unprofessional conduct by soliciting female members of the public to expose themselves so that members of the State Police could photograph and/or pose with them. Reg. 8A8b Acting in a manner tending to bring discredit upon the Division - by engaging in the photography of a topless female and posing with another while in uniform in a public location, actions which became reported in the national media. Reg. 8A9d Neglect of duty - assigned to traffic and crowd control, Tpr. MALER ignored his assignment by becoming pre-occupied with photographing and posing with topless females. Trooper CHRISTIAN MCCARTHY - Tpr. MC CARTHY, a Field Training Officer, did on at least two occasions pose with a semi nude female while in uniform and on duty, and did in at least one 11 instance instructed his trainee, Tpr. KOSCILLA to record the activity by giving him a camera and instructing him to take his picture with her. By his actions, Tpr. MCCARTHY did violate: Reg. 8A4 Failure to deal with the public in a courteous, dignified, and businesslike manner Tpr. MCCARTHY exhibited improper and wtprofessional conduct by soliciting female members of the public to expose themselves so that members of the State Police could photograph them. Reg. 8A8b Acting in a manner tending to bring discredit upon the Division - by encouraging the photography of a topless female while he posed with her while in uniform in a public location, actions which became reported in the national media. Reg. 8A9d Neglect of duty- assigned to traffic and crowd control, Tpr. MCCARTHY ignored his assignment by becoming pre-occupied with being photographed while posing with a topless female. Reg. 8A9e Failure to assume responsibility or to exercise diligence in the performance of official duties - by failing to act as a proper Field Training Officer, Tpr. MCCARTHY encouraged probationary Tpr. EDWARD KOSCILLA to engage in improper and unprofessional conduct instead of providing a positive leadership example. Trooper ERIC REED - T r. REED admitted! nude females sed in at · . . . Reg. 8A4 Failure to deal with the public in a courteous, dignified, and businesslike manner Tpr. REED exhibited improper and unprofessional conduct by soliciting female members of the public to expose themselves so that members of the State Police could photograph them. Reg. 8A8b Acting in a manner tending to bring discredit upon the Division - by encouraging the photography of a topless female while he posed with her while in uniform in a public location, actions which became reported in the national media. Reg. 8A9d Neglect of duty - assigned to traffic and crowd control, Tpr. REED ignored his assignment by becoming pre-occupied with being photographed while posing with a topless female. Trooper JAMES A. WIDTTEL - Tpr. WIDTTEL admittedly engaged in at least three instances of photographing nude or semi nude females while on duty at his post, including-and 12 y his actions, Tpr. WHITTEL did violate: Reg. 8A4 Failure to deal with the public in a courteous, dignified, and businesslike manner Tpr. WHITTEL exhibited improper and unprofessional conduct by soliciting female members ofthe public to expose themselves so that members of the State Police could photograph them. Reg. 8A8b Acting in a manner tending to bring discredit upon the Division - by encouraging the photography of a topless female while he posed with her while in uniform in a public location, actions which became reported in the national media. Reg. 8A9d Neglect of duty - assigned to traffic and crowd control, Tpr. WlllTTEL ignored his assignment by becoming pre-occupied with being photographed while posing with a topless female. This matter is Founded with respect tot be above cited members and disciplinary action at Division level is recommended. 13