Tagged with " Darryl Mount"
Jan 18, 2021 - Uncategorized    No Comments

Still waiting for Saratoga police records re Darryl Mount case

Signs at the June 2020 Black Lives Matter march in Saratoga Springs are reminders of remaining questions about the death of Darryl Mount.

On Aug. 26, 2020, I asked Saratoga Springs for public police records pertinent to the still-pending civil lawsuit against the city brought by the mother of Darryl Mount, a Black man who died from injuries suffered in an August 2013 chase by several officers.

I’m still waiting.

The task of responding to requests for records regarding Saratoga Springs police has been delegated by City Hall to the very law firm defending the city and its police officers – including those in the Darryl Mount case.

Saratoga Springs and other municipalities across the state have been swamped by requests through New York’s Freedom of Information Law since last summer, when the state at long last made certain police disciplinary records accessible to the public. With that in mind, I’ve offered to prioritize my admittedly large request and to review records piecemeal, yet haven’t received a single document.

I don’t doubt that the city’s FOIL officer needs help responding to requests. Still, it feels like a conflict for the private attorney hired to defend the city and police to also be in charge of reviewing and redacting records that may reflect negatively on the defendants.

Here’s my FOIL request timeline:

Aug. 26: I submitted to the city attorney a request for numerous public records pertaining to officers involved in the Darryl Mount case and complaints about excessive force.

Sept. 15: I emailed the attorney noting that the Aug. 26 request had not been acknowledged.

Sept. 16: The city apologized for this oversight, promising a response granting or denying my request within 20 business days. (I believe this was an honest mistake, but I was back at the end of line even though two weeks had elapsed since my request.)

Oct. 23: About 25 business days later, I informed the city that I still had no response.

The city later that day advised me that the documents “have been forwarded to counsel for the Saratoga Springs Police Department for review and possible redaction” and that I “may reasonably expect a response by Nov. 30.”

Nov. 30: Nothing.

Dec. 4: The city emailed that “due to the scope” of my requests the city needs “some additional time to respond” and that I should expect a response in “approximately 45 business days.”

By my count, that brings us to Feb. 9, 2021 – more than five months from my initial request.

Other cities and police departments are denying or delaying requests for records that should be public (with some redactions). I’ve been assured my request is in the process of being granted. I could consider the repeated extensions tantamount to a denial that I could officially appeal. But I am inclined to wait optimistically for Feb. 9.

My expectation is that these records will shed light on police behavior and procedures that could address at least some of the unanswered questions about the death of Darryl Mount. That, I believe, is worth waiting for. But for how long?

Aug 26, 2020 - Uncategorized    No Comments

7 years after Darryl Mount incident, Saratoga Springs records may shed light on police conduct

Darryl’s name was held high at Black Lives Matter rally June 7 in Saratoga Springs.

We’re at the seventh anniversary of the day a Black man named Darryl Mount was chased by white police in downtown Saratoga Springs and ended up below a construction scaffold, dying nine months later from his injuries. A civil lawsuit brought by Mount’s mother against the city is still pending. A remembrance walk is scheduled for Monday.

An independent or internal investigation of the pre-dawn incident might have uncovered police misconduct — or could have cleared the officers of suspicion of wrong-doing in what they called an accident. Instead, the city refused to sanction an independent probe and lied about conducting an internal one.

No wonder at the Black Lives Matter march in Saratoga Springs this past June 7 you could see “Justice for Darryl” signs here or there, and that an event is planned for the Aug. 31 anniversary of the fatal chase. The nationally pervasive police culture of protecting your own, whether or not they deserve it, disrespects and endangers both the public and the officers doing their job with integrity.

I am not anti-police. It breaks my heart when citizens are the victims of the people sworn to protect them. And it also breaks my heart when officers who put their lives on the line are disrespected, demonized and murdered. Cases of egregious police misconduct seem few and far between in Saratoga Springs; not to jinx us, but it’s rare – as it should be – for shots to be fired in this city by citizens, let alone police.

I believe Black Lives Matter and I believe that most police officers are decent human beings.

Darryl’s name was on signs at the June 7, 2020 Black Lives Matter rally in Saratoga Springs.

A protest walk is a baby step toward cultural change. This summer, the state Legislature repealed section 50-a of the Civil Rights Law, which means the public can finally see police disciplinary records in New York. So today I formally requested documents related to conduct complaints against members of the Saratoga Springs Police Departments — including the officers involved in the 3 a.m. Darryl Mount chase back in 2013.

My interest in the Darryl Mount case is not new. As managing editor of the local newspaper, The Saratogian, at the time, I accepted the word of the police chief and his boss that they were doing an internal investigation into allegations of misconduct.

Then, on the fifth anniversary of the incident, in an article published by the Times Union, I cited sworn depositions revealing that the then-chief had intentionally misled the public about an internal investigation. The deception surprised and saddened me, as the chief had earned respect with a positive track record, including work on behalf of domestic violence victims and the introduction of bodycams. But I digress.  

A few months later, planning to write a broader story about SSPD handling of misconduct allegations, I requested data on complaints between 2014 and 2018. The response came shortly thereafter, in May 2019, in the form of a press release-style statement from the chief loaded with raw data. It raised even more questions that I knew I couldn’t get answered, and I set it aside. Until today, thanks to the state’s repeal of 50-a.

The chief’s May 2019 statement reports that from 2014 through 2018, the SSPD dealt with almost 161,000 calls for service and more than 6,800 full body arrests. There were 134 force reports (only about 2 percent of total arrests) and 77 personnel complaints – that is, 77 internal investigations.

Of the 77 complaints (24 generated by supervisors and 53 by citizens), 18 were for rude behavior, 49 for “various police-related issues,” and 10 alleged excessive force.

Twenty-seven of those complaints against officers were sustained, the chief wrote: “Eight resulted in disciplinary action; two officers resigned prior to the commencement of disciplinary action; and seventeen complaints were closed with counseling or retraining for minor violations of policy.”

What was the outcome of the excessive force allegations? What disciplinary action was meted out against whom, and for what? Were there repeat offenders? Did resigning officers slip away with pensions and then go on to some other law enforcement job? Were any of the cited officers involved in the Darryl Mount case?

Let’s not speculate about what the records I’ve requested will show. The purpose isn’t to embarrass or harass good police officers, but to peel away the secrecy that taints them in the eyes of the public. I’ll keep you posted.