The Albany Community Police Review Board met Thursday as the panel continues adjusting to its new role under city government.
The board has struggled against a backload of nearly 140 cases dating back to 2021. Board members discussed the need for clear policies from the Albany Police Department regarding body-worn camera usage and proper evidence handling, noting the importance of transparency and accountability in police actions. Board member John Levendosky says over its last two meetings, the CPRB has presented and reviewed a total of 17 cases, has encountered legal roadblocks, and has called on the police department’s Office of Professional Standards to intervene.
"The general orders are [plainclothes officers are] supposed to keep their body worn cameras on for all warrant searches. But with regards to a standing order by former Chief Hawkins, they are permitted to turn them off. In the cases we reviewed, there was evidence through court testimony sworn by Chief Hawkins that were used to justify doing these, and that was considered reasonable evidence because it was under oath. But we did talk to OPS about codifying that in the general orders,” Levendosky said.
Board Contract investigator Julie Schwartz of “investigations and consulting” firm T&M addressed the panel via Zoom. She says there's an open case of an officer-involved shooting and an associated protective order that was issued under former district attorney David Soares. The board moved to issue a subpoena to new D.A. Lee Kindlon to allow the CPRB to have a look at the case files.
In another instance, Schwartz advised the board to approach acting Police Chief Brendan Cox to discipline three officers for refusing to cooperate in a second officer-involved shooting that took place in January.
"When we interviewed those officers, each one of them took the Fifth Amendment so they so (so that?) while they answered some basic questions regarding their name, you know, tours, etc., they refused to answer any questions involving the incident, and they claimed it was a fifth amendment right. That was both the officer who was the shooter as well as the two officers who were there on the scene," Schwartz said.
Last December the police review board filed a lawsuit in New York State Supreme Court in an effort to force compliance by members of the APD and two police unions. The 9-member panel, which has three vacant positions, is also muddled in trying to resolve an expired contract with its independent counsel, a law firm that helped CPRB navigate litigation.
Reflecting on recent tensions, board Vice-Chair Dr. Veneilya Harden stressed the importance of ongoing engagement.
"The CPRB is in the middle of transition from the law school, where it's been for over 20 years, and now we're under the city. This transition hasn't been easy, but collaboration and communication and trust is where is where we need to begin. The city has allowed us as public servants to come in and serve and speak as a duty and an honor, and we must uphold that," said Harden.
Harden urges supporters to attend Monday night's Common Council meeting and if possible to give public comment. The board and council have clashed over several issues including staffing and independence, with no resolution in sight.
