Plaintiff [...] commenced the instant action against defendant [...] seeking to recover damages arising from an alleged assault which occurred in October 2006. Defendant now moves for an Order pursuant to CPLR § 510(3) changing the venue in this action from New York County to Albany County. For the reasons set forth below, defendant's motion is granted.As an initial matter, defendant has sufficiently identified the prospective non-party witnesses and has affirmed that they will include Edward Kercado, a SUNY Albany police officer; Wendy Knoebel, a SUNY Albany police officer; Robert Ford, a SUNY Albany football coach [...]
venue should be transferred to Albany County as some of these non-party witnesses are public officers and local government officials
http://scholar.google.com/scholar_case?case=11055528377769680355
Edward Kercado is not a SUNY Police officer or a local government official. He retired in 2008 after a mere nine years: https://web.archive.org/web/20141205163214/http://www.albany.edu/employee_recognition/retirees.php. Kercado, a football fan https://web.archive.org/web/20141216053108/https://twitter.com/EdwardKercado/status/412293578111479809 and former UAlbany student himself who became a coach and bus driver after retiring as a UAlbany police officer and is now an Atlanta, Georgia-based actor and precision driver https://www.linkedin.com/pub/edward-kercado/5b/69b/158. NYC would be less of a trip than Albany for him.
Wendy Knoebel is not a SUNY Police officer or a local government official. She's a dirty ex-cop now in Florida. NYC would be less of a trip than Albany for her - but why would the defendant want the testimony of a dirty ex-cop and who would believe it anyway?
A decorated State University of New York police officer who is facing federal marijuana manufacturing charges allegedly asked a fellow officer to remove an unregistered handgun from her police locker and stash it at his house the day after her Duanesburg home was raided by federal agents.
Wendy Knoebel, 48, who remains suspended from the SUNY police force, was subsequently charged by State Police with illegal possession of a weapon in a criminal case that was not publicly announced.
Lyons, Brendan J. "SUNY Police officer also faces gun charge; Cop arrested on drug charge allegedly asked colleague to move gun." Albany Times Union. July 23, 2011: B11. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=15255123
Kenneth Knoebel, 46, violated conditions of his supervised release by drinking alcohol in a Florida bar on Sept. 11 -- the same day he assaulted his wife, Wendy, a former University at Albany campus police investigator.
Gavin, Robert. "Alcohol use sends man back to prison; Kenneth Knoebel formerly jailed for growing marijuana." Albany Times Union. November 19, 2013: D4. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=24647533
Kercado and Knoebel served under UAlbany Police "Chief" J. "Frank" Wiley, an ex-athlete, ex-coach football fan. Wiley's "police" created a Memorandum of Understanding with the UAlbany football team while failing to create MOUs or agreements with other area law enforcement agencies. Wiley's "police" created a ridealong program for UAlbany football players. Wiley's "police" got paid extra to do security for the training camp of the NY Giants football team at UAlbany. Wiley's "police" put the UAlbany Athletics logo Damien the Great Dane on "police" documents. When some of Wiley's beloved UAlbany football players were accused of gang rape (the very case at hand), Wiley did not report the case ASAP to the Albany County District Attorney. He only reported it after the media did, thereby forcing his hand.
The priorities of Wiley, a grossly unqualified man who curiously become one of SUNY's highest-paid police "chiefs," might be further illustrated in how the ex-athlete, ex-coach, football fan treats athletes:
"While six sexual assaults have been reported on the UAlbany campus since September, university police contacted Albany County District Attorney David Soares' office for only one - the alleged rape of a freshman woman by the three football players. In the five other cases, the victims declined to press charges. In the case involving the football players, the district attorney's office was called by a television station before receiving a call from the UAlbany police. […] After the forum, Wiley declined interview requests, saying he only conducts interview by e-mail. 'I've been misquoted in my time here. I have been the object of irresponsible, gotcha journalism,' he said. Wiley steered questions to his officers."
Crowley, Cathleen F. "Handling of rape case defended; UAlbany police chief says officers followed protocol in dealing with alleged assault." Albany Times Union. October 26, 2006: A1. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=6365244
"University Police Department Chief Frank Wiley used to forum to defend UPD's procedure in arresting the two football players, reiterating the fact that they are not obligated to notify the D.A. when making an arrest because there is no set in stone procedure. Each case differs, according to Wiley.
"'There was no lapse in protocol because there is no protocol,' Wiley said at the forum" (emphasis added).
Markovetz, Jessie. "Officials respond again." Albany Student Press. November 2, 2006. http://www.albanystudentpress.org/news/officials-respond-again-1.782232#.UQObAkqjcmw
In Crowley's article, Albany County District Attorney's Office spokesperson Rachel Soares stated, "Our special victims unit has investigators, victim's advocates and attorneys that go away for sexual assault training all over the country[.] We know how to interview and investigate the crime scene. It's a good service." The DA's Office can potentially help strengthen the case for the prosecution and provide better victim services if they're contacted ASAP. At the time of that case, Wiley had for his entire "career" as UAlbany's supposed Police "Chief" had chosen never to help strengthen the case for the prosecution and had chosen to never provide better victim services. Whether Wiley consistently (or ever) reported cases ASAP since is anyone's guess (my guess: no).
"Wiley said university police usually wait until after an arrest, and this was the first time in his 10 years at the school that they contacted prosecutors before an arrest" (Crowley 2006).Bob Ford is not a SUNY Albany football coach or a local government official. He's a pro-pedophile who modeled himself on Joe Paterno and wanted UAlbany to become like Penn State (mission accomplished).
"'I'll miss a good friend and I think we'll all miss a coaching legend,' said Bob Ford, UAlbany's Head Football Coach. […] Ford was a friend of Paterno's, and remembers the coach's life fondly. […] he himself did nothing wrong, but as he said, he wished he did more,' said Ford." [emphasis added]Cruz, Megan. "Locals mourn Paterno." YNN. January 22, 2012. http://saratoga-north.ynn.com/content/your_news/571083/locals-mourn-paterno/
Paterno did plenty wrong - Ford's complete inability to comprehend that says a lot about what Ford thinks of sexual assault and university coverups of sexual assault.
Mr. Paterno was on notice for at least 13 years that Sandusky, one of his longest serving assistants, and whose office was steps away, was a probable serial pedophile. Mr. Paterno was aware of the criminal 1998 investigation into Sandusky's suspected child sexual abuse. Indeed, the evidence shows that Mr. Paterno closely followed that case. Later, in 2001, another one of his assistants, Mr. McQueary, directly reported to Mr. Paterno that Sandusky was sexually abusing a young boy in Mr. Paterno's Penn State football locker room. The evidence shows that Mr. Paterno purposefully ignored this evidence.
I stand by our conclusion that four of the most powerful people at Penn State failed to protect against a child sexual predator harming children for over a decade. These men exhibited a striking lack of empathy for Sandusky’s victims by failing to inquire as to their safety and well-being, especially by not even attempting to determine the identity of the child who Sandusky assaulted in the Lasch Building in 2001.
"Statement from Louis J. Freeh." February 10, 2013. http://espn.go.com/espn/otl/story/_/id/8933344/louis-j-freeh-statement-response-paterno-family-report
"Nothing wrong", Ford? Really? I suppose Ford's done "nothing wrong" as well.
Following the gang rape case involving three of his players, Ford treated the news as if his team had just merely lost a game.
All of this just days before the football team's homecoming game. The distraction is not lost on head Coach Bob Ford.Ford said, "It's like many other challenges I faced in coaching. Tough tough loss and try to bounce back, try to get ready after a great win, try to get ready, after the death of parents, those are all challenges. And I think the squad has accepted the challenge. I think they've had a great week, and I think we're ready to go." [...]
Coach Ford wouldn't comment on the investigation but said he's re-emphasized off-the-field conduct to his players. But it's not the first time he's had the conversation.
Ford said, "The university has some formal programs we do for young men and young women and some programs for student athletes. And in addition you talk, you talk. You can't talk to them enough, so I talk to this football squad all the time about things I think are important."
Szubielski, Jola. "UAlbany rape suspect appears in court." Time Warner Cable News. October 20, 2006. http://centralny.twcnews.com/content/news/98063/ualbany-rape-suspect-appears-in-court/
Evidently Ford had not considered it important to talk to his players to refrain from gang rape.
UAlbany named its stadium field in its $19 million dollar multi-sport complex after Bob Ford. UAlbany hired Greg Gattuso to replace Bob Ford; Gattuso’s a former Penn State football player for Coach Joe Paterno and Assistant Coach (and pedophile) Jerry Sandusky, and a former Assistant Coach for Joe Paterno alongside fellow Assistant Coach (and pedophile) Jerry Sandusky, and someone who like Ford continues to carry water for Joe Paterno even after his death. They might as well call the multi-sport complex "NAMBLA Stadium."
The defendant himself is not from the Albany area. He's reported to have been a native of Texas and a resident of Fallston, Maryland. NYC would be closer for him too.
Carroll, Jarrett. "Former UAlbany football players penalized for rape." Altamont Enterprise. June 14, 2007. 1, 12. http://nyshistoricnewspapers.org/lccn/2006245259/2007-06-14/ed-1/seq-1.pdf http://nyshistoricnewspapers.org/lccn/2006245259/2007-06-14/ed-1/seq-14.pdf
"Former Albany football players admit to rape." Bangor Daily News. June 14, 2007. http://news.google.com/newspapers?nid=2457&dat=20070614&id=htE8AAAAIBAJ&sjid=TS4MAAAAIBAJ&pg=4128,3326274
Also, since when does a judge publish a victim's name and home street address as Judge Cynthia S. Kern did? And why were two of the perps given plea bargains without requiring them to testify against their third accomplice?
Thursday, the sentence was final: six months in the Albany County Jail, and 10 years probation, for the 2006 rape of a UAlbany freshman. [...]
the victim's father is not happy. He told the court in his victim impact statement:
“For three men to assault my daughter the way they did, and receive the ridiculous sentence due to the plea bargain process, is a travesty.”
He even referred to the deal as “turnstile justice.” [...]
The case against a third student accused in the rape [...] is still pending.
"Father of UAlbany Rape Victim Calls Justice System a 'Travesty.'" August 16. 2007. http://news10.com/2007/08/16/father-of-ualbany-rape-victim-calls-justice-system-a-travesty/
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