Skip navigation
The Habeas Citebook: Prosecutorial Misconduct - Header

New York State Police, Trooper Christian McCarthy Notice of Suspension, 1999

Download original document:
Brief thumbnail
This text is machine-read, and may contain errors. Check the original document to verify accuracy.
~,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will be withdrawn and will not be binding on the hearing board,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

 

 

Prisoner Education Guide side
Advertise Here 3rd Ad
Disciplinary Self-Help Litigation Manual - Side