In the midst of an investigation into an alleged tape recording of the Bethlehem police chief making racist remarks and allegedly ordering the tape erased, town officials said they believe the tape in question may still be out there.
Bethlehem town attorney James Potter told The Spotlight on Wednesday, June 3, that the audio recording, which was brought to light by police officer Christopher Hughes, is still being sought.
We think the tape still exists, Potter said. `To go back to find a particular conversation from three years ago is a daunting task.`
Currently, incoming calls handled by the department’s dispatchers are recorded and erased after 30 days. Potter said that system wasn’t in place three years ago when Bethlehem Police Chief Louis Corsi supposedly took a phone call from the Albany County Sheriff’s Office and made disparaging comments about one of his administrative officers.
`We have no reason to believe the tape was erased,` Potter said. `We’re not even aware if it’s possible to erase the tapes.`
That’s a point Hughes has been making, as well.
`I don’t think they could have erased that tape even if they wanted to,` Hughes told The Spotlight in an exclusive interview about Corsi allegedly asking his dispatchers to erase his recorded conversation.
Hughes said he has been the target of a town and police investigation since coming out with the allegations against Corsi as well as raising questions about other internal problems dealing with the union, complaints against a detective on the force and medical absence procedures.
`They’re trying to force me out, but I’m doing this for the right reasons,` Hughes said. `I’ve been in law enforcement for 17 years, I have nothing to hide.`
The 13-year Bethlehem police veteran was been handed back-to-back 30-day suspensions in April and May, which he attributes to speaking out. Town officials say Hughes was suspended for abusing his sick time privileges and filing false documents for extra overtime pay and time off of work.
The town is insinuating Hughes cried foul against Corsi after being served his suspensions. The Bethlehem Police Benevolent Association has filed grievances against the suspensions.
Hughes said he was bringing up internal problems through the chain of command long before he spoke out about the alleged audiotape of Corsi stating, `We have a [racial epithet] in the wood pile.`
Potter said the county may hold the audio recordings off site and be the only entity able to erase the recordings, but he could say little else because the matter is under investigation. An official complaint was filed with the Albany County District Attorney’s Office Public Integrity Unit on Thursday, May 28.
Hughes said the recording of Corsi was three years old but suggests it sparked a town cover-up once he started raising issues about it. He said he spoke with Supervisor Jack Cunningham at his home about the alleged tape and was issued a `notice of intent to conduct interrogation` two days later about his conversation with the supervisor.
Although he didn’t attend the interrogation on advice of his lawyer Steve Coffey, Hughes also sent out a letter to the town board in April that was never handed out by Cunningham. The supervisor said he did not give Hughes’ letter to his board members on advice from Potter, who advised against it because of the ongoing nature of the internal investigation.
Potter said everyone with access to the tape was interviewed `to the best of our knowledge,` but it is unconfirmed at this time if all the dispatchers and dispatcher supervisors have been interviewed in the ongoing investigation.
Hughes’ allegation of an internal racism cover-up raises some questions about the nearly completely Caucasian male police force of 43 officers that serves the suburban town of around 35,000 residents.
There is only one female officer on the force, and she made discrimination allegations against Corsi and Lt. Thomas Heffernan in 2007. The Spotlight ran a story about the matter on July 18, 2007, when police officer Regina Cocchiara, a nine-year veteran at the time, claimed she was passed up for sergeant four times after applying for the job. She said she was passed over for male applicants even though she placed in the top three on the Civil Service exam.
Cocchiara was eventually promoted to patrol sergeant on Aug. 18, 2008. She is the town’s first female police sergeant and is now an 11-year veteran of the Bethlehem Police Department.
`It has become apparent through some very deep reflection and discussions with my peers that I have been unfairly discriminated against in this process,` Cocchiara wrote to the Town Board in 2007 after not being promoted. `I am concerned that my actions and courage to achieve justice may result in future disciplinary or punitive measures against me.`
Hughes said the Cocchiara situation last year only highlights a pattern of discrimination and `punishing those who speak out.`
Cunningham said that diversifying the town’s police force has been a longtime goal of the town.
`Both my predecessor and I have encouraged diversity on the force, but we have to hire off of the Civil Service list, and an opportunity has not presented itself,` Cunningham said. `It is something we are very cognizant of.`
Hughes is currently out on `stress leave` until June 12, but he could be out longer. Although he was served the unpaid suspensions, he is in the middle of a union grievance process and therefore is still currently on the force pending the outcome of the grievance and permission from his doctor.
The Spotlight has obtained copies of both of the `notice of discipline,` which effectively calls for Hughes’ suspension, and both of the disciplinary grievances in response.
Hughes said on Sunday, June 7, that he received an official response from Cunningham’s office that stated, `I agree with Deputy Chief [Timothy] Beebe,` and that the `grievance was denied.` The next step is arbitration, which Hughes said he was confident would go in his favor.
`The first suspension notice is ridiculous; it’s not being taken seriously,` Hughes said. `It sounds like the second one [the union] may actually sit down with them, but the charges are still nonsense.`
According to the first disciplinary action filed against Hughes by the town in April, he is accused of three charges of misconduct: absence without leave on April 3, improper use of sick time and filing a false report.
Hughes said the town is trying to violate state HIPPA laws by saying the doctor’s note he provided `wasn’t good enough` and that he was asked to provide personal medical details of his reasons for absence.
A copy of the doctor’s note dated April 5 reads, `Chris was seen today for an illness. He missed 4/3 ` 4/5/09 as a result.` A union grievance to the charges was signed by attorney Thomas Jordan on April 22, citing Section 22.2 (D) of the collective bargaining agreement.
The second disciplinary action filed in May accused Hughes of an additional three charges of misconduct: Making a false claim for overtime pay, filing a false instrument and filing false report.
A grievance citing the same section of the collective bargaining agreement as the first was filed on May 28.
Potter expressed some frustration over his legal obligations and said disclosure will be provided upon the conclusion of the investigation over the whole matter.
`I really wish I could say more but unfortunately, legally our hands are tied,` he said. `He can say whatever he wants and get his side of the story out, and we can’t do anything about it because this is still under investigation.“