Newburgh - At about 1:25 a.m. on September 30, 2007, a van pulled into a Citgo Station on Broadway in Newburgh. The six occupants, all Caucasian males, lived in the City of Newburgh, within blocks from the gas station. Four went into the store and bought beer, popcorn and potato chips.
The event was entirely uneventful and the store clerk would later testify that the men caused no disturbance. Then the police showed up. They were called by the Sunoco clerk across the street when the group attempted to purchase beer at that location.
What happened at the Citgo Gas Station next, prompted about three dozen people to come to Saint Mary’s gym Saturday night to view the surveillance video for themselves. Inside they watched a projection screen as civil rights attorney Michael Sussman, who represented three of the men in court, recounted the events captured on the surveillance video and what happened during the trial.
Sussman said the video shows a police beating. Police said it shows officers dealing with intoxicated people who refused to obey police commands and force was necessary.
On the Citgo surveillance video you see Benjamin Fahey, on one side of the van as Lt. Pete Leach approaches. Leach pushes Fahey beyond the view of the camera. A few seconds later we see Fahey on the ground while a group of police officers surround him, cuff him and take him to a squad car, beyond the view of the camera. This scene is replayed a few times.
Sussman stated, "The Lt. testified at trial that he so acted because Fahey had ‘violently lunged’ toward him."
Another video was played that shows the police booking room. Here we see Jesse Carlson, one of the people arrested at the gas station, seated on a bench, cuffed behind his back. Officer Rose approaches him. Carlson stands. A moment later, Rose appears to grab and choke Carlson down to the bench. We next see Carlson on the floor. Carlson would later be dragged on the floor to a holding cell.
Sussman read the primary narrative written by police officer Soldano about the incident. He stated that upon being uncuffed, Mr. Carlson began fighting with Police Officers Rose and Accumpora. The video did not show that happening. Sussman says because no such event occurred.
Sussman has called for the immediate indictment of the three officers involved, for perjury.
Police Chief Eric Paolilli, who watched the presentation, defended his officers. He said, "they did what they had to do in restraining the drunk individuals." As to the discrepancies in their testimony he commented, "Were there any discrepancies in testimony, yes. But nothing that showed intent to hide something larger...that doesn’t rise to a level of perjury."
Paolilli says the department is currently looking into purchasing equipment that would be worn by every officer and capable of recording both the audio and video.
Both Paolilli and Sussman said they’d be willing to show the video to anyone in order to prove what really happened.
Sussman has also called for the resignation of Paolilli stating, "his department is out of control. His officers obviously believe they will not be held to account for blatant mistreatment of detainees."
