Wednesday, July 24, 2013

Ghosts of GPD Past Haunt Oliva Family


Stephanie Oliva's Family Suing
Town of Greece, Rahn, Ball & Auberger
 For Botched Accident Investigation
 
Supervisor Alzheimer

Merritt Rahn


Brian Ball

 
 




Federal Lawsuit Seeks
$10 Million In Damages
 
 
SCATS ~~ This bungled case has been stinking up GPD since Nov. 2005. It's time to right the wrongs!!
 

130 comments:

Anonymous said...

And the botched investigations continue. If you seriously think GPD is cleaned up, you are in la la land. An office of integrity doesn't exist at GPD.

Anonymous said...

12:23 Interestng comment. However, I was just wondering if you can provide relative information to back up your allegations or are they just the musings of an idle mind interested in stirring up more malicious unfounded information regarding the PD. SCATS, please try and contain yourself and not answer for 12:23 unless you are in fact one in the same. We all know your well documented dislike for the GPD and it's Police Chief so any comments on my question to 12:23 by yourself would be of little value to me.

SCATS said...

To the person telling me to not reply to your comment, lotsa luck with that :)

Anonymous said...

Scats, why bother even saying that? Why not just post his/her comment, then go ahead and reply to it? I don't understand.

SCATS said...

To 3:06PM ~~ I choose to NOT feed into this person's delusions about 12:23PM, me, the GPD, etc.

Anonymous said...

Scats post it and let us be the judge of it's delusional comment . To do otherwise, unless it was laced with your no no' s, to not post it would take on the appearance that the content of the post was somehow in conflict with your thinking on the subject.

Anonymous said...

OK My delusions aside let me try it again. 12:23, can you give some examples that support your claim of botched investigations. What needs to be cleaned up, etc.

SCATS said...

To 3:25PM ~~ I will NOT be posting comments that attempt to tell me how to run this BLOG, or tell me what I can or should not comment on, etc. Fortunately, 3:46PM reconsidered his attitude and submitted something worth considering.

Anonymous said...

This suit 10 Million, Makins suit 30 Million, Sharp suit settled for $$$$$$$$. Where does the town get all the money to pay all the lawyers and settlements?

SCATS said...

To 5:19PM ~~ RIGHT OUT OF YOUR POCKET!!!!

They keep reducing services, cutting hours. BUT our taxes keep on climbing!
Regarding the Sharpe baby's suit, how could that settlement be "sealed" when the taxpayers are footing the bill?

Anonymous said...

Like any Municipality, I believe it's reasonable to believe that the town carries a multi million indemnification umbrella insurance policy. These policies usually contain a deductible dollar amount that requires the town to pay that amount. Anything over that, the insurance company pays unless the settlement exceededs the amount of coverage in which case, barring a successful appeal of the award, the town is on the hook for that amount also. This is an assumption on my part but I am sure they are insured against these types of law suits.

Anonymous said...

No news on Milgate murder and no news on Holiday Inn fire. Rinky dink investigators. Evidence suddenly missing on other cases, witnesses never contacted. It goes on and on.Botched is a perfect word for GPD.

SCATS said...

To 6:24PM ~~ I have heard there is some sort of insurance. I strongly suspect that under Auberger's watch we've still paid through the nose as taxpayers for all the shenanigans he permitted.

To 7:19PM ~~ Do you mean to say that Chief Todd has failed to give us his promised " most professional poice department" in the country??

Anonymous said...

What was botched? I remember this incident well. The young driver pulled out in front of a car on Ridge Road. It was broadsided. The young girl was thrown from the car and died. What did the town of Greece or the Police Dept. do that resulted in the death of this young girl?

SCATS said...

To 8:18PM ~~ GPD BOTCHED THE INVESTIGATION!! Read back on previous threads to catch up on the discussion about what was BOTCHED and how. Ball should have lost his job at that time.

Anonymous said...

Even if they did not conduct the investigation properly the young man was responsible for this girls death not the police department. Why she the police department and not the young man. If they did not do the investigation thoroughly It still would not change the outcome for this poor girl the only difference would be that the driver am have served some jail time but I fail to see how this results in suing the police department for ten million.

SCATS said...

To 11:16PM ~~ GPD botched things so badly, they didn't even bother showing up in court when the kid appeared for the charges against him, so he got off scott free. How negligent is that? Or what about the fact Ball lied about the toxicology report being clear, when in truth the results hadn't come back yet. It didn't stop him from closing out the case!

Anonymous said...

SCATS,

There is a point here. Even if the investigation was botched, that does not explain damages to the plaintiffs. Everything the plaintiffs lost, they lost before the investigation began. So yes, a perp may be free when he should be behind bars, but that is no cause for a suit until he re-offends.

Anonymous said...

Every one who speaks out against the family has no idea of the truth. We are not the ones that lived this tragic loss. Do any of us know how they were treated? Did any of us see the police report and what was in it? I don't think thier was much in this report because their was no investigation or even measurments of this tragic accident. The GPD doesn't even know how the accident truly happened because of no real investigation. They just say the one driver made a left hand turn into an oncoming vehicle. But nothing more to the accident. It was closed way to early. So how could they have investigated it? The toxicology test of the driver Oliva was in came back high on THC. The case was closed and his tickets were dropped because the GPD did not do their job of showing up. He gets to file the 5th admendment. Walks free now. The other driver had marijuana on him as well. But never had a alcohol or drug test taken at the scene. Why? When a young girl's life was just taken and he was coming from a bowling ally. So will we know if he drank at the bowling ally with no test taken? These are things the GPD did not do and I am sure their is much more to this accident. You think maybe that is why this family is presuming this? I am sure this is painful for them to keep this going. Face it, the GPD did not properly do thief job and botched it up and believing it will go away like everything else had in the department for years. None of us knows but the family. The family says they never was able to get any answers. If it was your child, wouldn't you want to know exactly how it happened when you know both drivers had marijuana and drinking and the GPD didn't do anything about with these drivers? A young life was lost and the people who are suppose to protect and serve us did not do their job honestly. The family llost no matter what. Nothing will ever replace your child. If you know the job was not done properly, you all be doing the same thing.

Anonymous said...

The Oliva family must have an idiot for a lawyer running this case into Federal Court.

Not only is the family courting disaster from countersuit, the lawyer is looking at having to pay court Costs when this bucket of crap goes against the Olivas.

Anonymous said...

The GPD covered up the Sharp family and that little girl will have heart problems for the rest of her life. What makes you think they did not botch the Oliva accident as well. They have been doing corruption for years since Meritt Rahn came in and kept the same guys and hired his last two that were fired from another police force. They hire the bad ones to join their club of corruption and power with their badges. The GPD was under staffed because they only wanted their little mischief group. They were the bad boys not the families that have to live their life'with out a child and a daughter who will always have to have medical care. We can thank the GPD and their head boss Auberger, though he doesn't know anything or can not remember any of it or the last two guys that were hired and went to prison, prison wasn't long enough for any iof them. They got lucky again. But the the two families. They will always have to live what has happened. For the other Greece Police, Auberger us slime and will out them under the bus to save him self as he always has.

Anonymous said...

Maybe you should check your facts and contemplate why the charges were dropped against ball and the town paid a huge amount for him to retire and shut up. First, the accident was investigated and the cause and fault was determined. second, toxicology results are often available before the official results are published. Third, these results are not just given to the police department, they are also given to the District Attorney's office who could have very easily opened a grand jury investigation but chose not to. If you checked your facts you would find that ball wrote the tickets because the DA refused to do a grand jury presentation. All information was available to the DA's office yet they agreed that the findings were not to the level of intoxication. Kenyon was charged with DWI the night he was arrested, charges that were later dropped by the DA's office, not ball - he can't drop charges, only the DA can. If the DA was confidant that Kenyon was impaired why not keep the charges. I have not heard a single person - let alone a toxicologist say what the levels were and that they were to a level of impaired,and in the fact the alcohol was 0. If you checked your facts you would find that ball did show up for court, in fact he was the only one to show up. Other officers did not show up as the court refused to subpoena them. This case was a witch hunt to begin with by Lozinsky and once the facts came out they ran back into their holes. There's no statute of limitations on murder. If they feel decarlis or Kenyon was wrong, why not bring up charges? Why not? because they can't, because theres nothing to charge.

Anonymous said...

Didn't the olivas sue the town back in 2011? What happened to that case. Sources say it got dropped once the attorneys read the actual reports. Now theolivas found a new attorney to file the same lawsuit again. It seems like the statute of limitations on a civil suit would be up by now.

Anonymous said...

7:19. Your talking about ancient history here. I'm interested in what you consider BOTCHED by our present departmental make up. Besides, those cases you mentioned were not botched by personel at that time. In the Milgate murder investigation, a suspect was developed. Unfortunately,not enough evidence was found to formally charge the suspect. It is now an ongoing cold case investigation inherited by our present cops, some of whom were either in diapers or not yet born at the time .
Regarding the Holiday Inn, Inorder to investigate a crime, there has to be a crime to investigate. Although at the time and to this date it is carried as such, no such evidence was ever recovered to support the arson charge.Because thirteen died, it is and will remain an open cold case investgation. Even the private investigator hired by a relative of one of the victims came up empty. It's patently unfair to hold our present department reasonsible for these investigations that were done by officers who have long since retired. So again , tell me about something more recent than what has already been referred to dating back several year that supports the claim that recent ongoing investigations are being BOTCHED.

Anonymous said...

The GPD did not do an investigation properly and both drivers did not get any kind of punishment knowing alcohol and drugs were with both drivers . GPD never followed through and closed the case much to soon for what ever their reason were. Like everything else they did wrong in our town. The girl that was killed parents knows and sees they never did their job. Now who is responsible? If you had a job any where and you had a responsibility for your job. Are you the one they will look at. This lawsuit is not going to bring this poor girl back to her family. The money is not going to replace her, my goodness , money can never replace a child. It's about the responsibility they never followed through and the drivers are free. That's what it is about. Her driver can not be touched for this accident because of the tickets he received and he goes to court and the officer doesn't show up a d his tickets are dropped. Now he has time to file the 5th and can not touch him. It's called double jeopardy. Thanks to not doing their job the driver can not pay. Again who do you look at now? That diver is free from the accident who do we thank for that?

SCATS said...

To 11:51PM ~~ BS!!! With a botched investigation, they lost CLOSURE. They lost getting justice for their loss. They lost getting their questions answered.

To 12:21AM ~~ As I recall when this case was in the news several years ago, the case was closed BEFORE THE TOXICOLOGY RESULTS CAME BACK. Ball claimed the tests were clear but they showed THC. WTH does "file the 5th amendment mean?" Also, I think I recall that Rahn mysteriously showed up out of nowhere in the middle of the aftermath.

To 1:20AM ~~ Yes!! The resemblances to the Joseph "investigation" seem remarkable, don't they? I'd love to see Alzheimer have to fight this out in court, but he's so slimy it probably won't ever happen.

To 7:28AM ~~ The town paid some $90K to have Ball retire as a settlement with the union because the Town wanted him G-O-N-E!! Simple as that. As already pointed out, no one bothered taking measurements, bothering with what the EMTs were saying about the odor of alcohol on the one kid's breath or about seeing an open bottle in the car. Details, right??

To 10:01AM ~~ Baxter has gone around mouthing off to media that there was going to be a break in both the Milgate case & the Holiday Inn arson case. He told us that arrests were imminent, just some final details to attend to ... and then NOTHING. WHY do that?? Those families suffered enough already!

Anonymous said...

Looks like Rinky Dink investigator is reading and posting instead of investigating!!!!!!

Anonymous said...

Kenyon was drinking and high on THC. The officer did show up at the court but not prepared so the tickets were dropped. .Kenyon gets to file the 5th which means you can not touch him now on that same crime. Rahn showed up at the accident scene and stayed with DeCarlis. DeCarlis was also drinking he came from Dom's Bowling ally and won his tournament. He celebrated his winning. He was not tested at the scene when he should have been when someone is killed? Much was left out on the GPD investigation. Ball had his indictment dropped b/c he made a deal and got 95.000.00 and his pension back. He closed the case with out no investigation and it was not ready to be closed. Much more work on this accident needed to be done. Not one of you out their knows the truth not even the Oliva family and we can thank the GPD. Their is much more to this accident then anyone knows. The GPD has been doing corruption all these years since Rahn came. This was just not an accident. It happened because the drivers were impaired on something. Chad had a bottle of cooled beer sitting between his legs when he fell out of the car. That is in the report and he did admit at the accident he was drinking Ball closed the case to soon and never talked to the family of the girl about anything on this accident. Open your eyes why we had an internal investigation and only police department that had 3 officers go to prison and one was the chief.

SCATS said...

To 1:08PM ~~ I was thinking that too lol

Anonymous said...

If it was your child and had no answers what actually happened . You be doing the same thing. You want the truth. That child is never coming back and they are living with no answers and no daughter forever. Who ever thinks their was answeres. You don't know anything. Did you recieve any reports and read them? Did you talk with the family at the time? Let them do what they need to do as parents who were never told anything and neither did the actual police report done by the GPD tell them anything. It was botched and closed prematurely to find the truth. The Oliva family are the ones living with out answers.

Anonymous said...

I believe, leave the family alone. They say they don't know the truth and know things were botched up. They are the only ones that know this. The internal investigation report is on line. Read it, you will read all the wrong things they have been doing all these years. No matter what, they been in the wrong and corrupted all these years. So why wouldn't tthe Oliva family needto know the truth when nothing was documented or shredded? They covered up the Sharpe family and shredded a lot of evidence. Now wouldn't you be doing the same thing if you lost your child and "NO ANSWERS" someone has to answer now the drivers are free because no investigation was done right at that time.

SCATS said...

There are comments using name-calling in referring to the lawyers. They will NOT be posted.

Anonymous said...

Regarding the GPD as it is staffed now is a whole lot better than the time frames we are talking about on this thread. Gone are the key players that took part in those blown cover ups. In addition to the jail birds, Ball was fired and two more top ranking command officers retired rather quickly. One was in charge of the investigative division the other a A Captain in charge of Internal Affairs who by the way is now Director of Security at GCSD. The only one left is the chief architect of the whole mess, Supervisor Auberger who will be history in December.
After reading all the previous posts, one influential fact that has been missed is the POLITICS OF MONROE COUNTY. There is no doubt in my mind this was involved beginning with then DA a former republican with close ties to Auburger and Rahn and Lawyer Tom Cook, head of the Monroe County Conservative Party and a close ally of Rahn.
If you are a Greece Resident and don't understand the politics of this town, you would be sadly mistaken if you don't think politics plays a huge roll in the operation of the town various subdivisions especially the mission and operation of The GPD.Sorry to say but it is no different in that regard under Baxter and won't change come January.

SCATS said...

To 3:43PM ~~ It took the new head of GCSD security 2+ years to leave GPD under Baxter. In fact, BAXTER PROMOTED HIM TO CAPT almost as soon as he took his oath!

I agree about the impact of politics. I've seen for myself the former head of the DA's office being all chummy with specific cops and politicians in Greece. I also believe that good ole Maggie orchestrates lots that happens in these parts. Getting rid of Auberger & installing Reilich isn't much of an improvement, imho.

Anonymous said...

Baxter is a total politician. And you are right about the District Attorneys Office. Investigations are still botched, evidence mysteriously disappears.

Anonymous said...

A hot rumor out of the PD says that Baxter is so frustrated about his declaration that a break. Is imminent in the Holiday Inn fire, that they are considering " water boarding" Bud to get him to confess.

Anonymous said...

Why is an investigator serving as an acting patrol supervisor in the third platoon???? Wasn't the loud mouth chief just bragging about having 99 officers?

Anonymous said...

Why isn't the family More interested in bringing the young man that is responsible for their daughters death to justice rather than suing the police dept. for millions? Money isn't going to replace their child's life. Obviously whatever was going on with the drivers involved clearly all involved made poor choices that evening from the driver himself if he was drinking and using drugs and chose to drive to the poor girl that knew this and still chose to get in the car with him. Unfortunately she lost her life due to people making bad choices. And if the other driver was indeed drinking it created a perfect storm for disaster. However the police didn't cause this accident or contribute to the behavior of all involved that evening and no amount of money is going to bring that poor girl back to her parents.

SCATS said...

To 6:28PM ~~ There are a lot of folks who would pay good $$$ to watch that!

To 6:32PM ~~ It's kinda hard to go after the kid when the PD bungled evidence collection, report writing, etc!

Anonymous said...

Let me know when you're done censoring to push your litterbox agenda pussycat.

I get paid to tolerate crap by the taxpayers, and I ain't taking yours for free.

Anonymous said...

The driver can not be touched after his tickets were dropped. His lawyer had him file the 5th amendment. Which means he was arrested with the tickets, though they were dropped because the officer came unprepared. So the judge dropped the tickets. Thanks to the officer. Then the driver pleaded the 5th and now he can not be touched on the same crime which is the accident because he was given two tickets from the accident. Though drugs and alcohol was involved with both drivers and the GPD did not take any testing from the other driver. The test that the GPD took on the girl's driver came up 0???????? Then after the accident was prematurely closed, the driver's toxicology test from the hospital showed he was high on THC. Then it was to late to go after the kid because he filed the 5th amendment. You can not go after him now. It is called double jeopardy. If the GPD did it right the first time and proved he was drinking or high he would of not received two driving tickets. He then should of been arrested then. Same with the other driver. The GPD did not do any testing on him as well. But he was found with drugs and coming from a bowling ally? Their is always drinking when bowling. The family can not go after her driver. The GPD neglected to do their job.

Anonymous said...

Maybe Iam missing something here. While I sympathize with the family over their loss, I am at a loss to understand how and what damages they suffered as a result of the police investigation. Does anyone know if they received any money from the insurance company of the other driver or their own insurance under No Fault? As I see it now, the only way they can claim damages against those they' are suing, is if they were denied compensation in both instances due to fact the report filed with the State DMV. Was faulty.
The fact that neither driver was charged and prosecuted under the law, should have bearing on monetary compensation. However, it is important remember that underNo Fault, in a two car accident such as this, if it can be proven that the driver of the car not deemed to be at fault, contributed to as little as 1% to the cause of the accident, they can refuse the claim thereby placing the burden on the insurance company of the car that was struck that resulted in a fatality. Based on what I've read here this could be the problem.
If and I don't know, this is the case and both insurance companies have denied the claim and sight the police investigation as their reason, then one might have standing in a loss of damages claim against the town and PD
This in my opinion would have to be the case because failure to prosecute either driver in the accident on its own , would not result in monetary damages against the family of the victim that would be recoverable by the courts.

SCATS said...

So many laymen lawyers!

Anonymous said...

At 11:12 AM. That's right you do not know and NY policies are different from many other states. Maybe they would have it the no faulted existed in NY. I don't believe it does in NY State. The bottom line is they must be doing this fir a good feason for them to be presuming this lawsuit. This did not happen to us and we don't know the complete story.

Anonymous said...

I work for an insurance company. Their are limitations on No Fault accidents. It all depends on age of the person who was killed. I believe she was young. So No Fault will apply to her family. It also appllies to older people as well. It has to do with the length they lived or hiw much longer they will live. We are one of the few states that have this law. They may have received a small insurance amount from the driver. But many young people just have the basic car insurance depending how old their car is? But I don't believe it's all about money to this family. I believe it has to do with the bitching up and justice because they were denied of what happened at this accident. They received no answeres because it seems like the Greece Police did not have any answers and never did an investigation on any of it or the drivers.

Anonymous said...

Bungle in the jungle.

Anonymous said...

I am pretty sure this case will not result in them being awarded any monetary compensation. Although I understand their frustration and pain over their daughters death I do not see this ending in their favor in court. The young man responsible will still be loving his life and that will unfortunately be a constant reminder to them of the injustice that he w able to get away with.

Anonymous said...

Lets hope for them, it comes into their favor for the mistakes and botched up job the Greece Police did back then. It won't bring the daughter back but they still feel they need to do this for her and how the case was taken care of so poorly. No one here knows everything. It's all opinions.

Anonymous said...

Hmmm, Scats is strangely silent!

SCATS said...

To 10:31PM ~~ I've already said I think the entire thing was botched by GPD from the gitgo. The Olivas deserve some answers & some closure. As I've stated on previous threads about this case, I think there's some sort of undercurrent of politics that involved Kenyon and Sciolino, the judge who used him as an example of great success for his drug court. Rahn's sudden appearance on the scene of this accident also raises some questions. I can't help but wonder how many other investigations Ball botched.

Anonymous said...

I have just completed an on line revue regarding what civil actions can be brought and heard by the Federal Courts.
I suggest you take time to read it . You will see as I did, this action by the Oliva's and their attorney may have an unpleasant result due to the burden of proof by their attorney required to convince the Court they have juristiction rather than the State Courts. As I see it, nothing good will result from this action for these people. This is must read if you are interested in learning the complexities of bring this kind of action in a Federal Court.

SCATS said...

To 10:10AM ~~ You expect us to take you seriously?? First of all, you failed to provide a link or any other reference for your "must read." Secondly, anything you write is diminished by your inability to construct a proper sentence.

I don't think the Olivas are as stupid as some of you suggest. I, for one, hope they get the answers, closure and peace they need.

Anonymous said...

Now let's talk about current cases that have been botched up. Witnesses in cases never called or interviewed. Key evidence missing but written on the police report. Tips never followed up on.

SCATS said...

To 12:53PM ~~ Feel free to lead us off with some details. It seems to me that we've heard about a number of arrests but NEVER hear the outcome. Sounds as if you have insight on why ...?

Anonymous said...

@ 10:10 am . Put the proof on the sight so we can read it for our selves. Not ti mention you don't know about antsy thing they have to able to file this in a federal court. Their must be something for it ti be done and consider? You not know what it is. You have no idea about the Oliva family and what they may have now. glad you are studying up on your on line review. Where is your heart? If their is one ?

Anonymous said...

Is it right for all these cases to be botched up and the GPD can just keep on doing this?Do we really want a police Department to be protecting and serving us this way and use their badges for power. Forget the oath they took? How do you know about so many botched up cases? Tell us. Did they lose a child and still botched it up??? Cold heart you must have if you know so much and don't come forward and allow it to keep happening.

Stupid said...

Scats WHY are you so afraid of the TRUTH. If as you say I am so stupid , anyone could find the subject by going on Google. There is no link. Just ask a stupid question like I did and you will find pages filled with relevant information.

SCATS said...

To 2:59PM ~~ SHOW ME WHERE I CALLED YOU "STUPID"!! I already know you can't because I NEVER DID.

If you are going to sit there acting so smugly about what you know, then SHARE IT, or put a muzzle on it. If you already did the work, show us. How much more simple could it be?

Anonymous said...

I just took 10:10's advise. After reading it, I must agree with 10:10 . The section that I think he or she was referring to regarding a bad out come, deals with the right to counter sue by those named in the suit.

Anonymous said...

@ 10:10 am: YES, PLEASE SHOW US WHAT YOU FOUND, Why are you so set on the findings of them losing? You been doing your research on this lawsuit. Do you know anything what they have now? They must have something to feel they can file in the federal court. Which they can anyways because I believe they were denied their rights on no information on the accident. No investigation and never looking at the drivers of how this accident actually happened. Do you have children? If it was your chid and no answers on their accident. What would you do? I am sure they would of gone after the driver if they were able to. I am sure they would of wanted the driver to be punished? The GPD allowed the drivers to walk with the botching of the case. I think it would be great if they could expose Greece again. Our town needs to make all the old wrongs to be right. Moving on doesn't take away the old that was so wrong.

Anonymous said...

http://www.avvo.com/legal-guides/ugc/does-the-automatic-stay-in-bankruptcy-affect-my-litigation

Maybe there could be a stay that was beneficial for not only the bankrupt but also the non-bankrupt defendants. Very smooth.

SCATS said...

Comments editorializing how I run this BLOG will NOT be posted. There's more than enough to discuss by sticking to the topic at hand, which isn't SCATS.

Anonymous said...

Why the hell should I do your research for you know it alls on this blog. As I said before,if you are able to read, just Google WHAT CIVIL CASES MAY BE HEARD IN FEDERAL COURTS. You will finds reams of information. Read it and draw your own conclusions on the topic at hand. Of particular interest is an attempt by the plaintiff to do an end run around State Supreme Courts JURISTICTION. More importantly the qualifying statement, Cases brought before this court must be in violation of Federal Laws. The fact that previous lawyers refused to bring the suit in State Court no doubt will be a subject having a bearing on the Local and I under line LOCAL Magistrate, for an obvious reason as he will rule on whether the court will hear the case or not.
It would appear to me that the lawyer for the plaintiffs, plans to bring a violation of civil rights action against the defendants claiming the investigating authorities mishandled evidence critical to the successful prosecution of those operators of the vehicles involved that resulted in the death if a family member and were denied access to documents other than the standard DMV accident report. I wish them well but in my opinion unless their lawyer in his initial brief includes evidence supporting their contention, that the Federal Court should hear the case , they will not be successful.

Anonymous said...

With regards to statements made about tickets issued by Ball were dismissed because he didn't show for the trial or was unprepared and in error proceedure wise. In either case the tickets and what they charged were DISSMISSED FOR FAILURE TO PROSECUTE by the judge. This BS about taking the 5 th is crap. The 5 th has nothing to do with double jeopardy .I t protects a person from self incrimination, period. These two birds can still be brought to trial again at any time. By dismissing. The charge, there is no finding of guilt or Innocense. They can be retried at anytime by the DA. If Ball failed to show, departmental charges should have been brought charging violations of departmental rules and regulations as well as derilection of his duties if he messed up the evidence . If he changed official reports, he should have been criminally charged with felony tampering with public documents which would include making them go away.

Anonymous said...

regarding the tickets issued by Ball, they were dismissed by the judge for FAILURE TO PROSECUTE meaning Ball failed to show for the trial or was unprepared. At this time, defendants attorney ask for dismissal for the above reason.
Since this dismissal did not determine the guilt or innocence of the accussed, they may be brought again by the DA anytime within the statute of limitations which have long expired.If the charge was changed to criminal negligent homicide in which there exist no such limitations, they can be retried, This idea of 5 th amendment. Protection is BS and not applicable .

Anonymous said...

The Town or GPD have no causes to counter suit. The Olivas were denied the truth and a investigation at the time of the accident. The GPD closed the case to prematurely when it should have been investigated. This happened to the Olivas not to the GPD. Their was no investigation on this case.

SCATS said...

To 9:31AM ~~ Because YOU purported to be a "know-it-all" and because I asked you too. Next time, post the links, or the words you Google, if you want your comment posted. Thank you.

To 12:33PM ~~ I agree, there are no causes to countersue, based upon what we know.

Anonymous said...

It seems you have a problem with SCATS? Why , because SCATS defends the people of the town of Greece? SCATS sees the truth behind everything that happens in this town. Why are you so set on the Oliva's losing with all your research. Better be carful that something like this doesn't touch you or your family. You are working to find every reason for them to lose. They already lost. They lost their child for ever. Think about if it was you. No matter what, you would do anything as a parent if your child was killed and no answers at all. Face it, our town had 3 officers go to prison at once for corruption and one was the head chief. We had an internal investigation a d did one as well on the O,Iva case. Maybe that internal investigation they did on their daughter will shed the truth? Again, why wouldn't they have done a botched up job on the Oliva's case? Because that's how they always worked and did their jobs under Chief Rahn . You don't even look for anything positive for them on their case. WHY??? You don't know if they have anything from the internal investigation that will prove what was done .

SCATS said...

To 2:29PM ~~ Thank you for your support!

Perhaps you don't realize ... this BLOG is the single MOST HATED/DETESTED media of all within Greece (Town, school district, police & fire depts) and in some portions of Monroe County govt like the DAs office (especially under Green's watch). The reasons include what you stated, as well as the fact that the 7+ years of archived material provides a history of the corrupted/corruption that is frequently used by others researching past wrongs.

Anonymous said...

Scats you have proven in the past that you are a skilled researcher . So why not read what I and at least one other person did on this site. If you and others did , you will see the problems these people face in convincing a Federal Magistrate that their complaint belongs in Federal Court.I only point this out because some people on this site are taking it for granted that they will be successful. Maybe there exists evidence that might be compelling to the Judge
I guess we will wait and see.
To those of you who claim the town has no cause to counter sue,you are dead wrong. Once they are served it is a matter of public record and was reported in the press. If the suit is thrown out, they have a right to sue for damages as well as the costs associated with preparation of their defense as well as court costs. Remember, this is not my opinion, it's Black. Letter Law and contained in the statutes regarding Civil Cases in Federal Courts.

SCATS said...

To 2:39PM ~~ I have read SOME ... however, without knowing EXACTLY what the Olivas have going into court, it's not possible to predict their failure, which you seem certain of.

Also, the Olivas are deserving of ANSWERS to their questions and this may be the ONLY METHOD for obtaining any, even if they already know they can't prevail (I'm not suggesting that is the case). I don't see how anyone can look at what IS KNOWN and not raise at least one eyebrow ... the details of how badly this case was botched make my whiskers twitch!

Anonymous said...

they are not suing for answers. They are suing for 10 million in personal damages. Those named in the suit had absolutely nothing to with the death of their daughter.This stopped being about answers along time ago.
let's suppose the court hears the case. As a result , he directs the DA to file criminal charges against the drivers involved. They go to trial and are convicted and sentenced to prison. However, he makes no monetary award to the Oliva's what so ever. Does this satisfy them, now they finally have the answer s. and closure. Does this outcome satisfy them?
.I have my own opinion but you be the judge yourselves.

Anonymous said...

ONE MORE TIME
The police owe no duty to the public to protect the public.
The Olivas should spend more time with a shrink and less with lawyers.
The Olivas knew the driver was lacking in ability, and they had sufficient opportunity to keep their kid out of his car.
The Olivas had opportunity to dial 911 and DID NOT.

This is a Hope They Settle run by a Lawyer with the Olivas left to foot the bill.

SCATS will probably CENSOR this reply.

Anonymous said...

Once again SCATS, you need to check your facts. If you checked with Greece Court, you would find that Ball did appear in court. The court did not subpoena any other witnesses and after a trial the charges were dismissed by Judge Nitti. The case was adjourned for over two years before it ever went to trial. The attorney for the defendant asked for adjournments, not the DA's office or the PD. Charges are prosecured by the DA not the arresting officer. Given this delay in trial, the DA's office had ample time to review the Tox report and present it to a grand jury - something they did not do. You make it sound like this was all up to ball. All he did was the accident reconstruction. No one has contested the cause of the crash - kenyon turning in front of a vehicle. Its curious that you say no measurements were taken but if you go to the November D and C article about the crash there is a picture of two officers taking measurments at the scene, with another officer taking photos. The gpd investigators in the criminal investigation unit did the criminal investigation. Get real. No death investigation is done by one person and last I knew, ball was not "on his own" His investigation, like all investigations is reviewed by several people - including the DA's office (as this was a fatality). Any of these people could have asked for more investigation but all of them signed off it as sufficient. Everyone may want this kid charged for being impaired by drugs, but if the evidence doesn't show it, it can't be done. All that was left was traffic tickets, which ball filed. As pointed out, it took two years for this to go to trial - more than enough time for the DA to do something with the Tox report. Why didn't they? Because the level of THC did not raise to a level of intoxication. Its just like alcohol - you can have alcohol in your system and not be intoxicated.

In the news today is a case of a guy who was high on marijuana in 2007 that is being charged with manslaughter.

The fifth applies to self incrimination not double jeopardy. As the charges were dismissed and there was not a determination of guilt or innocense there is no double jeopardy. The charges could have been refiled.

The cops arrest people. The DA's office prosecutes them. If witnesses don't show up for court - and it happens all the time - the DA can adjourn the case. I have it on good information that Ball attended court each time he was subpoenad to go. Check with the Greece court - he was there.


Anonymous said...

The DA (MONROE GOP)already tried to get Ball on this and the Judge threw it out and told them it was ridiculous.

SCATS said...

To 3:50PM ~~ Oh please!! If it were strictly $$, I'm sure they would have done this before now.

To 4:41PM ~~ SURPRISE!!

To 6:23PM ~~ I did check my facts. One of them is this taken from the D&C article: "Kenyon, then 17, was charged with traffic violations, although those charges were dismissed after “the Greece police officers involved in the case failed to appear in Greece Town Court prepared for trial,” according to the suit.

Another point many of you need to refer back to is the stated reason for the lawsuit in which they "allege numerous instances of reckless and intentional failures in the police investigation into her death."

INTENTIONAL FAILURES ... think about what that implies!

Anonymous said...

Scats " reckless and intentional" based on what factual information. Do you have any idea what the burden of proof would be required to support that allegation? Especially in the case of "intentional" This characterization by you rises to the level of criminality by investigating officers. Please, just the facts ma'am .

Anonymous said...

Wow...you take the Democrat and Comical as your best source? Your right...they never get it wrong...Maggie brooks...Aubergeer...they are about as reliable as Nixon at a card game. Spin.....all spin...they officers didn't show up because they weren't given a subpoena....Check with the court - I did - you will see that ball did show up. No where have you said officers...you just keep naming one individual. As to your other point, lawsuits contain language without basis .. the "numerous" means nothing to me without saying what they are. The fact is that statements were taken from drivers, witnesses and ambulance attendants. Drivers WERE tested and the investigation by GPD cid was through - if it hadn't been, the DA would have asked for more. It's all there. You should wake up and see this case for what it is. It was started by Lozinsky who used the Oliva family in his quest to get rid of rahn. Ball was a tool Lozinsky used to do it. Auberger will and did use any means necessary to accomplish his agenda. He saw an opportunity and took it. Lozinsky should have done a proper investigation first into this case - if he did, he would have found what the PD and DA found. It was done right, appropriate charges were filed. The fault lies in the case taking two years to get to court and the court / DA not subpoenaing witnesses for the trial. In Greece traffic violations are handled by a town prosecutor, not the DA. In the case of a fatality, the DA should have stepped in and taken control. The Greece courts a joke. Ask Greece cops how many times they go to court for a ticket - none- they all get pled down or dismissed, just like this one did, despite the objections of the arresting officer.

Anonymous said...

they did try in 2011 but couldn't find a lawyer willing to take the case to State Supreme Court because it wasn't winnable
The answer as to why they waited so long is the scandals, the Joseph case and 3 cops sent to jail A perfect time to jump on the money train.
Actually, the town opened the door by firing Ball because of the incident resulting in their daughter death. In this regard, the town deserves to be sued as does Auburger . In their rush to protect Auburger , Thet stepped on their winnee by reaching back 4 years just to get at Ball
Losynski was frustrated because Ball's ALLEDGED involvement in the ill fated shredding incident failed to prove any wrong doing by him and Mackin and Rahn.
The same cop that initiated the shredding debacle , served up Ball to Losynski by giving him the information
That is the subject of this thread. Chatterton!
The irony here is the town inadvertently gave the Olivias a wide open door to take the action that they are pursuing . Even though I feel the odds of them being successful are long, I would have no problem with them wacking Auburger Inc. which would be well deserved .

SCATS said...

To 6:22AM & 7:05AM ~~ I gave you "the facts, ma'am." I quoted from the actual lawsuit. In fact my quote mentions officerS, in the plural, 7:05. The fact is, most of your argument is based on shoulda/coulda/woulda,instead of facts.

To 10:08AM ~~ WTH does this mean: "Thet stepped on their winnee"?? Also, WTH do you get that Chatterton had anything to do with it?? (Not that I think he's as clean as he claims.)

PLEASE PEOPLE, WRITE IN UNDERSTANDABLE ENGLISH! Some of the babble received is barely intelligible.

Anonymous said...

Ball was indicted & a grand jury. "It happened" DA had plenty on Ball.It would have never gotten that far & that money spent for a grand jury, Doorley had the evidence. Ball was saved. Ball & his lawyer took a flee bargain. B/C Are others inside R corrupted as well, big circle. They're all over & it goes up into the system, They owe favors. He keeps his mouth shut. He gets $95,000.00 & pension back. He took the deal. If the Oliva's could have gone after the kid driving? Maybe they did try? How do you know? I'm sure they wanted this kid punish. So the parents suppose to go out to the car when he came to pick her up? Do we all go out to every one of our kids friends car to check? How many of you do? When the Oliva girl left w/ him he did not seem drunk? None of us know? Maybe he seemed ok to her? We will never know? I think as parents they would of wanted to see this kid get manslaughter. B/C they couldn't from what they may have been told, the driver was arrested on the accident, so they couldn't arrest him again on the same accident. The other driver came from a bowling ally. No one drinks there? In the reconstruction they would of known if the other driver even tried to stop or even know if he was speeding. The Oliva girl driver did make the turn. The on coming vehicle could of put his foot on the breaks to prevent the accident. We don't know B/C if their was reconstructive work done RIGHT they would of known. It was on the news looking like they were. You don't know for sure? The GPD never took test w/ on coming driver, It should have been done. If the GPD did these things why isn't it there for answers? B/C if it was? Maybe the Oliva's wouldn't be suing if the job was done & GPD gave them answers. The complaint from the Olivas & internal investigation report. Their is a lot of nothing to show that they did anything on the accident & everything else from the past. The internal investigation is on the web. Says their was so much corruption with GPD. We had 3 officers go to prison Baxter said on the news GPD was under staffed and only two bosses,their should of been 12 & on the road, that wasn't the case. I think the Oliva's are doing this B/C they had no answers & Oliva's driver never arrested for drinking& drugs. The toxicology test came back after the case closed.The toxicology test was high for driving. Things do not add up properly.We dont know their circumstances on this case. The town had internal investigation for all the wrong doings & how they did their jobs. Doesn't that tell you any thing ? We were never with the Oliva's & know what they learned? Has to be a lot of nothing for them to do this. B/C that money isn't going to bring their daughter back & the GPD didn't do the job on the drivers, Now GPD is held accountable & who else to go after? GPD for such a poor job done. They left it as "Just an accident" I believe they wanted to have that driver arrested for manslaughter as parents. Who wouldn't? Every one here says why they have no chance. You must be w/ the town. Seems like you're against the Oliva's & SCATS who stands up for the people of Greece & seems to know a lot on the case. I dont think they have a stupid lawyer to waste his time. He knows they were denied their rights. You all know everything You really don't know any of it.

Anonymous said...

Part two:
They lost any ways, They lost a child. You are all worried about 10 million? Macken suit for 30 million. Why no one say's anything on his complaint? It's up on the web. You all must be in the circle? Macken doesn't have his job & the Oliva's dont have their daughter. He's suing for 30 million. Who has deep pockets? He's alive & living & his family alive. I don't think the Oliva"s want to be putting them selves through this, It has to be painful & living without their daughter. I seen Oliva's father do an interview on 13. You can see the pain he's in. As a father, if he couldn't do anything to the drivers & they walk free, he has to hold others accountable who were suppose serve them & do their job RIGHT.

SCATS said...

To 11:16-17AM ~~ I believe you're mistaken when you mention Doorley as the DA. At the time of the accident & during the internal meltdown of GPD, Mike Green was the Monroe County DA. Doorley was working as an underling, an ADA, for him.

I think you make an excellent point about how no one complained when Mackin filed his $30 million lawsuit.

The ONLY THING that's clear to me after reading tons of material about this tragic crash is that there seem to be more questions than answers AND much of it points right back to the GPD scandal. So let's let this case go to court and pray more of the truth comes out.

Anonymous said...

DA Dooeley did the trials on the officers under Mike Green.

Anonymous said...

When will people realize the DA's office is as crooked as Maggie's????

Anonymous said...

I'm sorry Scats, the charges in the law suit reckless and intentional must be supported by evidence that supports that claim.
Now that the claim has been filed by the plaintiffs attorney, in his required Brief to the court, he must indicate what information he has to support those charges in order to convince the federal judge that the suit meets the legal thresh hold required before the complaint can be heard in federal court. I.t's always possible that he has additional facts to support reckless and intential. I guess we will see if this turns out to be the case. On the other side of the complaint, in their brief, they will attempt to convince the judge that the suit is without merit and does not belong in Federal Court. Incidently , 10 million is customary in these actions in light of the fact that the federal court will not hear cases with claims less than $75,000.

Anonymous said...

Dear God 11:16, please go learn what a paragraph is.

Then see if you can learn where any award money will come from if and when any of the suits you mention are successful.

There was no accident, there was a wreck caused by numerous facts.

As to accident reconstruction, all the measurements and photos exist, and there are hundreds if not thousands of accident reconstruction "experts" available to put them into their computer program. The result of every reconstruction will be the same.

Driver A entered the traffic stream and Driver B hit him. It happened because Driver A either misjudged the available entry gap, or because Driver A was incompetent to operate a vehicle.

Facts are facts, and emotion doesn't change them.

FACT, the overall quality of Police Reports written since computers entered the game has fallen tremendously.

FACT, Cops are selected & employed on the basis of the potential cop's willingness and ability to follow orders from superiors, NOT intelligence of the potential hire.

FACT, Street cops rarely do the job they are hired to do. This is doubly true in wreck jobs. Cops don't like writing reports for Insurance Carrier Lawyers.

FACT, Brian Ball was not at the wreck site prior to vehicle impact.
Ball could not have prevented the impact.

FACT, Rahn responded to the wreck because it appeared to be a fatal. Procedure in every Department calls for the Chief to be notified and respond.

FACT, the bad guy rarely gets what he deserves.

FACT, you spend enough time looking you can find somebody with a Lawyer License to file a case if you have the money.

FACT, SCATS Censors to slant stories. SCATS will probably CENSOR this post.

SCATS said...

To 11:44AM ~~ TY for that detail.

To 12:59PM ~~ I already have several years ago ... Rob-U-Trad anyone??

To 1:26PM ~~ There's a HUGE ABYSS between $75,000 & $10 million.

To 3:26PM ~~ Half of your "facts" make no difference, or don't apply to this particular case. For example, Ball hand wrote the police report. I saw it posted when this case came up during the GPD meltdown. A link to it might even still exist elsewhere on this BLOG's archives.

As for your last "fact", you make that claim quite frequently, as if it's some magical way to challenge me (a.k.a. bully me?) into posting your crapple which often breaks long standing rules in place on this BLOG. Just because I don't support your position doesn't mean you can't get comments posted. I believe the last comment to be denied was the one calling lawyers various nasty names ... ;)

SCATS said...

Oh wait, I was wrong. It was the comment editorializing about another's ability to write. I don't post comments by those attempting to do MY JOB, or those who try to tell me HOW TO DO MY JOB.

Anonymous said...

I can't believe that
1) You believe everything you read in the paper and
2) You believe that everything you read in a lawsuit is true. You have obviously never been sued.

You are correct that green was the da at the time but doorley was an assistant in the office and was one of the ADA's that worked on this case.

Before you start the conspiracy theories as to why nothing was done because of politics and it would make her look bad, that isn't true. The case is what the case is and she had the integrity to not pursue charges that were baseless (based on the toxicology). She did the right thing. She also prosecuted all the officers, including Ball and she is more than capable of getting convictions if the evidence was there.

She's one of the best DA's this county has had, and she doesn't need - now or then - anyones coat tails to rise to the top.

Anonymous said...

The dems have controlled the DA's office for years which is just as bad as the republicans controlling the town of greece for years. One party rule equals.......

Anonymous said...

I left the e out "WEINNEE "
(n) English slang for male for male appendage, you never heard that before?

SCATS said...

To 5:31PM ~~ 1) No, I don't believe everything I read in the paper. In fact, I stopped subscribing long ago! ... and
2) No, I don't believe that everything I read in a lawsuit is true. I do believe they hope they can persuade others that it's true though. You are correct that I have never been sued.

As for Doorley, her legacy has yet to be determined. She's far from non-controversial.

To 6:04PM ~~ Does it matter? Consider that so many of the county's "Republicans" were former Dems, like Auberger, Robach and many others.

To 7:19PM ~~ I've heard of "weenie" before. I can't say I heard anyone remark about stepping on their own ... sounds like bragging. This discussion is much too soon after Anthony Weiner's recent headlines ...

Anonymous said...

Looks like Doorley has some badge "buddies" of her own. LOL. She was also present at the Carly Wise wedding along with our very own chief. Who refuses to answer any questions pertaining to Carly Wise. The advocate with no credentials.

SCATS said...

To 8:19PM ~~ When it comes down to politics, there are some very strange bedfellows, especially as it relates to Greece. For example, at the promotional ceremony for GPD just after Baxter arrived, Green shows up and after greeting one plainclothes Greece cop, made a beeline to the Phelan family where higs & handshakes were exchanged all around. He even sat with them ... but I'm sure there's nothing political to see there especially given Papa's past ;)

Anonymous said...

Every one here who writes their opinions of what they know are so funny. Everyone knows everything on the case. But no one here lost a child and the family truly never got any answers. You all think they are a joke. You think they really want to be a joke and criticized after all they been through. I dont believe they be going through this if things were done right.Why would they want to go through this pain again, not they are arent living it as well. I can not imagine losing one of my children. They are our life and I would do the same for my child if my child's case was botched was disrespected. Letting those two drivers walk? The driver that hit them he is no better then the driver she was with. He had drugs on him and came from a bowling ally and was at the bar next door to the bowling ally.Did he try to break at the scene. No evidence of that at all. SCATS is right the recontruction was done on a piece of paper not with the $1000.00equipment our taxes paid for,The drawing did not even look like old Ridge Rd.I am sure that the internal investigation had it done. could it been done, seeing the Ridge Rd was brand new? A life was lost. The one who said her parents should of called 911 b/c he was drunk. Do you or did you always go out to your children's friends cars and check them out? That's if you had any? Maybe many here haven't had children or you all just have a cold heart with no understanding what this family has endured by our GPD. Have you all read the real police report from the night of the accident? You will not find much in it. DA Doorley did have Ball. He got lucky and made a deal. He got his back pay of 95,000.00 and his pension. Something smells there. Doorley had no choice by her boss. she wanted to appeal and Green denied it. WHY? she had plenty of evidence to able get a grand jury on Ball.It's stinky everywhere and you are all blinded. To SCATS, Thank you for understanding what this family has to be living. I can not imagine?

SCATS said...

To 10:16PM ~~ I've thought something was very wrong when I first started reading about this case several years ago. There are way too many unanswered questions for me, a taxpayer. I can't imagine how many added questions the Olivas have, given their loss. And yes, I agree that Ball got a sweetheart of a deal - something REALLY stinks there. Same with the fact that Green said the case would NOT be reopened several years back, but refused to say why. I don't know how some of these people sleep at night. Let's ask John Auberger.

Anonymous said...

Scats, You are so right, Doorley was not allowed to reopen the case if I remember reading that? Auberger knows what went down. He is a snake and I hope he has to come out of his hole this time even if it's at the end of his term. No one looks at any of this stuff that happened or did not happened. Even the officers that are still on the force from the time of this accident know the truth but knew they could never come forward b/c their job was on the line and I am sure it still is. Auberger will make sure they are gone. He will fix them. They are all living with this and still going. They say KARMA will be a B***H. What comes around will go around for everyone involved from Greece to the City. Yea Maggie's husband and Auberger are great friends. Connections every where. But nothing for the poor girl that never got to finish her life and the family never got to share their daughter's life. Our police department was like a little Mafia and had a lot going on in this town on the side. I pray for the Oliva family that something will come out of this. The sad part was the botching and disrespect of the family and the young girl.

Anonymous said...

It's like this 10:16, Use PARAGRAPHS. I ain't going crosseyed reading any more of your mommiecrap speed typing.

Wake up folks, Mike Green is the baby of Howard Relin who hated Rahn with a passion because Howard tried to get Rahn and couldn't.
Green too hated Rahn with a passion and was scared of Rahn. SandyBaby STINKS ON ICE as both a prosecutor and as DA.

SandyBaby pissed off every Investigator who knew his butt from a bucket, still working in the DA's office, after Green caused some damn good Investigators to walk out. The people collecting a paycheck there now as Investigators would need to bring in help to find their butt after they googled up butt.

Investigator in the office of SandyBaby is a bonus gift to a politically approved retired cop.

Investigators who knew the job and knew how to do it left and went to work for members of the Defense Trial Bar and the Insurance Industry.

As to your question on parents assessing the condition and quality of the people their child is going someplace with, bet your butt my daughters never got into a car to go anyplace unless the driver of that car, and often the rest of the occupants passed muster in my house. If I wasn't there to eyeball the situation my wife was and did. She made me look like a cakewalk according to my daughters.
It's called PARENTING.
If you don't parent don't cry when your kid becomes a victim.

SCATS, you haven't a clue the number of reports I've read, sent back to the writer for re-write, and finally written an intelligible report supplementing the original. The quality of Police reports generally stinks on ice regardless of the Department, be they handwritten or computer generated. Unfortunately for Criminals, Judges have become very lenient and interpret what they think the cop meant to write, or Judges have become no longer conversant with the written language.

I'll say it one more time.
The responsibility for the dead Oliva Daughter is shared between the driver of the car she was in and the parents who let her get in that car. The Greece Police Department was powerless to prevent the crash because the Olivas failed to dial 911 when their daughter got into a car with a possibly impaired driver. The Olivas knew the driver and failed their daughter.

The crash and death have been looked at by some very good people. The crash has been reconstructed on multiple systems, and it always comes out that the driver pulling into traffic screwed up. The actions of Driver B make little difference to the outcome, regardless of his braking actions.

Sorry folks, there is no civil case here against Rahn, Ball, or the Town of Greece. All of those parties became involved after the crash, and all performed within the Law and guidelines.

Ball's "Closure" had no effect on the path the case took, and "Closed" is only a nomenclature indicating Ball had taken the case as far as he could and was allowed to by LAW. The Lt above Ball could easily have reopened the GPD investigation had he thought there was anything left to investigate. He didn't.

Statements that the Olivas have been deprived of information or that people on the taxpayer's payroll have not talked to the Olivas are BOGUS. The Oliva family has been talked to, told the truth, and they refuse to hear what is being said because the words don't support their position.

This "case" is a pure waste of Court time, and I sincerely hope the Federal Judge assesses all costs back on the Olivas and their Lawyer with all allowable penalties.

Anonymous said...

Scats......i am loving this thread! Looks like the Olivia family really pissed a bunch of people off by filing this federal lawsuit. Good for them.

This town reaks with the stench of corruption and has for years. The people ( republican party thugs) posting critical comments about the Olivias and their lawsuit must be afraid of what might come out if this case is heard in open court.

The Republican party in this town is like the Mafia. Omerta is the rule. Keep your mouth shut or you will pay. They cover up, pay off, terrorize anyone who dares to try to bring to light the criminal acts by elected, appointed officials and paid public employees in this town. The DA's office is not clean either. I can't believe The Stupidvisor was not arrested for obstruction of justice regarding all the crap that happened in the police department under Rahn and his silence when the woman he was seeing was killed by her mentally ill son.

So, Greece, run by Republicans for decades is now a Mafia town. You don't have to be of a certain ethnic background to be part of the Greece Mafia. You just have to bow to the right people.(Republicans)

And by the way........I am not registered with any party. Just a long time resident who has watched this once great town slide into the sewer.

Anonymous said...

Olivas have record of suits against the driver of the other car. They have no suits against the driver of the car that their daughter was in. The occupants that were injured and survived in the accident have suits against the drivers of both cars. Why is the Oliva family so forgiving of the driver/owner-parent of the car their daughter was in? ( The parents of the other occupants aren't) They seem to blame everyone except him, from the record. Maybe his insurance company settled well and ahead? Why is everyone so forgiving of that driver? Impaired, driving after hours, driving with so many kids with open container, turning unsuccessfully in front of an oncoming car. Now the focus is shifted to the town and its officers saying he was impaired and they didn't prosecute. But the record does not show they hold him accountable at all.

Anonymous said...

The records show that driver filed the 5th amendment after his tickets were dropped. They were told they can not touch that driver again on the same crime calling it double jeopardy. I am sure the Oliva family would rather see this driver with manslaughter. Why wouldn't they? If they received any money it certainly can not be much with his insurance company, He was driving an older car. So I am sure he did not have anything for insurance but the basic just to get his car on the road. I am sure they be happy if they could get the driver for man slaughter knowing this kid is free and been caught for DWI after the accident. He was seen on the news coming out of Greece town court. Don't you think they would of gone after him? If not that doesn't make any sense on their part. I believe they would if they could. Maybe after this, they will be told they can. I am sure it's not the money its justice and they should be punished. I believe they would of done so if they could of. something had to prevent them from doing this.

SCATS said...

To 12:31AM ~~ Blaming the Olivas is just plain nuts! If you really believe that then I would have expected you to be screaming the SAME crapple when Tia Gerstner killed her friend in a drunken crash, or in some other similar incident. But you haven't. You've been silent, until now.

I consider myself to be a pretty cautious parent, but I must admit I never thought about checking out the other driver before one of my kids left to go out somewhere. I guess that's because I already know their friends and made an effort to get to know the other parents too. I will be more cautious going forward.

Also, I don't care how often you try to say it, or how, but I'm not letting Ball off the hook! Closing the case after saying the toxicology reports were clear BEFORE THOSE REPORTS CAME BACK IS NEGLIGENCE AT BEST!! I keep getting the feeling that GPD took this case only as far as THEY wanted it to go. I know nobody else talks about it but I still think it smacks of politics and has some connection to Sciolino, his drug court, his legacy and of course his darling trophy/example from the success of it all: Chad Kenyon.

This is what I wrote about it back on 8/25/09:
"Let me recap. Chad Kenyon had already done a stint in rehab for drugs at age 14. Through Compeer, he gets counseled by Dr. Jeff Alberts who is a pediatrician but also a transgender specialist. Then later, Kenyon crashes his car killing girlfriend Stephanie Oliva. Two weeks later, Ball fudges the police report he files related to the blood alcohol content which comes back as 0.0 on a person who is a known addict/abuser. The tickets Kenyon gets that night are dismissed later on in court, so Kenyon literally gets away with murder!

WHO THE HECK IS THIS KENYON KID CLOSE TO? Somewhere there's got to be more of a connection. Why does DA Green say the crash case can't be reopened? Does the now retired Judge Anthony Sciolino who oversaw Kenyon through the "model" drug court case figure into this equation somehow? If Kenyon had been charged in the fatal crash, would this have marred the Judge's record/program related to rehabbing kids like Chad? Hmmm ... !!!!"


http://greeceschool2006.blogspot.com/2009/08/ball-was-lead-evidence-tech-in-roderick.html

Anonymous said...

The Fifth Amendment to the U.S. Constitution grants citizens (1) the right to be indicted by an impartial grand jury before being tried for a federal criminal offense; (2) the right not to have multiple prosecutions or multiple punishments for a single criminal offense; (3) the right to have individual freedoms protected by due process of law; (4) the right to be free from government compelled self-incrimination; and (5) the right to receive just compensation when the government takes private property for public use.

It states: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence [sic] to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

It is part of the Bill of Rights that the courts have applied to states through the Fourteenth Amendment. The right to a grand jury is one of only a few protections in the Bill of Rights that has not been applied to the states by the Fourteenth Amendment. Grand juries and the phrase "due process" both trace their origin to the Magna Carta from 1215. To "plead the Fifth" is a refusal to answer a question because the response could form self-incriminating evidence.

SCATS said...

To 7:02AM ~~ I get the SAME EXACT FEELING!!! It's not often that a thread on here gets 100+ comments lately, since the teachers are content to be without a contract. The fact that this thread is eliciting so much emotion in an election year where Auberger must move the skeletons accumulated over 12 years out of the closets at Town Hall, GPD, etc. is most telling ;)

SCATS said...

To 11:29AM ~~ I don't know that much about the finances of the various families involved in this but I do know that when faced with having teen drivers in our home, we consulted with a variety of professionals about how to protect us, the parents, from financial ruin should one of the kids find themselves in trouble, causing an accident, etc. We were told that no matter what insurance a teen driver has, the other party can ALWAYS go back to that teens parent's for financial responsibility in a lawsuit. I haven't heard anyone address whether or not that happened here. Maybe they knew there was NOTHING to be had ...?

To 11:35AM ~~ TY for the lesson.

Anonymous said...

You may want to read the lawsuit the former director of the crime lab filed. She brings to light the level of DA corruption, politics, and friends. It will fascinate you.

Anonymous said...

I can not believe you can try to put poor parenting on the Oliva family. They are very good parents. You are talking out of your rear end of what you know and the perfect parent you are. This could of happened to you as well, to any perfect parent parenting and watching every move. I know the parents were that way even with their sons. I do know this for a fact and they had plenty of rules. At times when you have teens . That is the hardest time for controlling every move they make. Maybe the Oliva girl did not realize he was drinking. It says he picked her up right from work at 9:30. I know this girl and she would have not gotten into this car if she knew he was actually drunk. He picked her up and went to his grandmothers house to shower . She was not with him very long before the accident which happened a little after 11 pm. Maybe he tried to act normal as possible. None of us will ever know. But for parents to be under a teens butt for every move is pretty hard. As I said before they were strict parents and the mother was a stay home mom. Her life was her children and all her children's friends were at her home. She rather have them there so she knows where they are. Yes, I know the family. I also know the drivers family had nothing and lived in a apartment. Nothing to go after. Honestly they were devastated finding out her driver was arrested at first for man slaughter and some one at the hospital had the officer remove the manslaughter and give him the two tickets. Excuse was because he was in criticle condition. The Oliva's was never even called at the time of the accident. They were told around 1:30 am in the morning. They had no idea. The mother was worried because her dsughter had a curfew of 1am. You better be careful criticizing their parenting and you are a better parent. You don't know anything about their parenting . It can always fall back on you? She was a mother before anything else. Not to mention, no one in Greece ever spoke to the Oliva's. They tried to reach out to the police and not one would speak with them. They only talked with the internal investigators, whom found plenty of wrong doings on the Greece Police investigation. They said it was never investigated properly. The worst job they ever seen. Her children's friends can tell you the same thing about their parenting. I bet even the driver could tell you that. Whether they get the chance in court or not. They as parents did the right thing for their daughter. They do not want to be doing this. It's painful but they have to. Not knowing and how the case was mishandled. Its really about how it was mishandled and botched up? If it was your kid, you be doing the same thing. Don't ever say this will never happen to you. We all think that way. "THIS WOULD NEVER HSPPEN TO ME" it could be anything and it can happen.

Anonymous said...

I should not even be talking about the family. When you say poor parenting and saying its their fault. This accident could of happened even if no drinking. It's about the botched up incomplete investigation the GPD did. The GPD is as much at fault on the way they they botched it up and truly no investigation was done or even completed by the GPD. So stop blame game. Are you perfect. No one is. Think before you say things. This did not happen to you. "BUT BE CAREFUL" You never know what could happen!

Anonymous said...

I was not aware that Ball was indicted by a Grand Jury. Can someone tell me when this happened, what charge was returned by the Grand Jury and what incident occurred that led to the charges being brought by the D A.?
The reason I ask is because if the charge was a felony, under the Public Officers Law of New York, he would be fired even before trial took place.

Anonymous said...

You think if their was a settlement and if their was? You think this will make them happy? "It wont" The money will never replace a child. It is justice they want and would rather see those involved be punished. Do you believe they never wanted that? If so that is very disrespectful to the family and to ever think they never wanted justice. Not one of us lived in their home and know what they have done. No one knows here on this blog.

SCATS said...

To 12:50PM ~~ Is there a link to that online? I'd love to read it, if you can provide it. TY :D

To 1:29PM and the others ~~ My comments about insurance & financial obligations shouldn't be taken as any presumption of responsibility or feelings of satisfaction if a payout were possible. I'm merely sharing personal info that parents of teens might be able to use to protect themselves. I still think the Olivas questions are valid, they deserve answers, the drivers deserve to face the consequences, etc. Hopefully, they will get SOME peace.

Anonymous said...

Yes, please provide a link from the former director crime lab filed. Please share it. Show some light on this case. "PLEASE". How are you able to find this link????

Anonymous said...

Scats - good thread. Interesting reading. I would point out, as one who works closely with the crime lab that it is common practice to give results of toxicology tests to officers before the "official" results are printed and mailed. happens all the time. Also, these reports are provided (in the case of a fatality) to the police, the DA's office, and the medical examiner. Investigations are not handled in a vacuum. Each agency communicates with each other, but in the case of toxicology, the DA's office takes the lead. As another post said, any one of balls supervisors or the DA or the ME would push the tox results had they been relevant. Why wasn't he charged? Because the levels of the THC were not to the level of impaired. Plain and simple. None of the agencies - police, DA or the ME would ignore results of intoxication and not file a charge in a fatality. And, as another post stated correctly, the traffic trial took nearly two years to occur (I check that fact to be accurate). Anyone could have filed charges up to the point with out question, and still could have today as it is a different charge. The problem we have now is the statute of limitations has long run out, unless there is a manslaughter charge. Even for that, the level of proof requires levels high enough to impair, which they were not.
I also know that the olive family has been given numerous opportunities to speak with the DA, the police, lozinsky, and anyone else, including their own lawyers who have had access to all the reports, drivers statements, toxicology reports, expert witness statements, the numerous reconstructions and everything else.

If you step back, I really think this was a case of the town looking for something, and when they found it, it led back to nothing. Lozinsky used the family as pawns.

Anonymous said...

Janet Anderson Seaquist is the claimant. Her lawyer is Jeffrey Wicks. Good old Chief Baxter is mentioned in the notice of claim. Doorley clearly wanted her friend in that position from day one. Makes for great reading and the person we entrust as the highest law enforcement officer.

Anonymous said...

5:23 this is sad, if what is said is true. The Oliva family doesn't need this. Their life has had to be lost in the last 7 & more years. Not having the right people to help them. The report was botched up living with no honest answers. Their minds are probably a mess with thinking of everything and carrying this pain. I am still with the Oliva family.

Anonymous said...

To 5:23. How do we know what you claim was ever done correctly? You can't trust any one. The toxicology test of Oliva's driver did come back after the case was closed in two weeks or so. It was high on THC.

Anonymous said...

5:23. YOU ARE SO FULL OF IT. You think they have not been doing anything. Much of the stuff you said is not even true with you saying about all their opportunities and they were pawns. Where did you come up with this??? So full if it.

Anonymous said...

http://rochester.ynn.com/content/all_news/rochester/587850/crime-lab-director-fired-after-release-of-critical-state-report/ could this have been going on before this women was hired in 2010? Can't even trust the people who work in the crime labs,

Anonymous said...

http://rochester.ynn.com/content/top_stories/594046/former-crime-lab-director-plans-to-sue-county/. She has a lawsuit going. You can find the lawsuit on this link we can't trust anyone any where. Isn't their anyone honest at their job?

SCATS said...

To 5:23PM ~~ I wrote a response earlier but apparently it didn't post. In a nutshell, Ball LIED about the toxicology results in his report. They weren't back from the lab for a couple of weeks AFTER he wrote the report. He wasn't privy to some sort of insider info at all.

To 6:08PM ~~ TY for providing her name. I had forgotten it.

To 10:58 & 11:02PM ~~ TYVM :D

Anonymous said...

SCATS how many years you got working inside the Law Enforcement System?

My direct deposit monthly retirement indicates over 32 years.

I'm loving the crapola in this thread.

Here's a newsflash! Some cases just don't make, and some cases don't make because certain people involved are so blinded by hatred for other people involved they miss relevant facts that would make the case.

There is damn little in Law Enforcement that goes without oversight and review. Any possible criminal case in the wreck that killed the Oliva girl DIDN'T make. The driver well may have slammed a couple beers and smoked up some pot, but toxicology DID NOT SUPPORT all the talk in the community.

One of my favorite laughs in this thread comes from the statement "The ambulance attendant smelled alcohol on the driver's clothing and a beer bottle rolled out of the car.". OK, let me hypothesize, Had I been working that job and a citizen told me about the beer bottle that bottle would have become EVIDENCE, and been processed. Any cop informed of such bottle probably would have done the same on a fatal.
Remember most cops want to protect their pension and pay their mortgage, so they follow policy.
Ambulance crew says the driver smells of alcohol, and has alcohol on his clothing; Unless that patient is the sole occupant of the car there is no EVIDENCE value. If he was drinking the beer it will indicate on the tox report. If a passenger was drinking the beer and poured it on the patient, best I got is an iffy open container ticket.
Lets not even discuss the possible violation of patient confidentiality.

Cops have to work within a damn long set of rules, and some cops on some days have to make and execute a decision in a second lawyers will take years analyzing, perhaps prosecuting. That's the business for want of a better word.

In the instant discussion, we have too many statements based on bar rumors.

The driver of the Oliva car was issued traffic tickets in the hospital because the cop felt he had sufficient evidence to issue tickets. That cop did NOT have evidence to make an arrest, big different thing from issuing a ticket, because that evidence if it came to be wasn't available at that time. It's real easy to make an arrest a few weeks or months later.

The statement has been made Sandy siad the driver could not be arrested after the tickets were dismissed, BULLCRAP! Sandy knew very well that dismissal of traffic tickets did not bar an arrest if there was evidence of a crime. Double jeopardy does not come into play when traffic tickets are dismissed.

Anonymous said...

Suplement
Part B



The investigation by GPD may not have been stellar, no big shock there, but GPD did conduct a sufficient accident investigation and document it in a manner that allowed investigators for other agencies to follow up and reconstruct.
All in all, GPD did pretty much a standard by the book job on the wreck. Truth is the job was better investigated by those who followed on than GPD could have done with their facilities and people.

As to all the crying about the Oliva family not having direct access to the investigation and GPD, that would have been out of policy for any fatal investigation.
Any and all contact between the family and any GPD employee would have been documented, and what any GPD Cop said to the Olivas might have impacted the case outcome.

You can also bet had Green become aware a GPD cop or employee was talking to the Olivas, he would have ripped the cop apart and had him fired.

This case sat open for 2 years, and was finally "put to bed" for lack f evidence. Mike Green made the decision to put the case to bed for the same reason everyone who looked at it from the Law Enforcement side of the table, the manhours spent had reached way too many dollars without any evidence gained. That happens a lot more often than you might wish.

Ask yourself why the DA who despised Rahn let this case go away if he could have made GPD & Rahn look bad with it.

Since your policy on name calling is unstated I'll not comment on Attorney Wicks, a retired high ranking NYS Trooper, the former director of the Crime Lab, or some other people involved in the Oliva kid's death.

Anonymous said...

SCATS - so how does this work...you read what you want to read and believe what you want to believe. What part of 523 don't you get? Why are you so quick to blame ball and ignore the fact that other people, including doorley had access and saw the toxicology report and did nothing with it? On what basis or facts to say that ball lied? Is it because lozinsky - who was hired by aurberger said it? Because its written in a lawsuit. So you think that the charges against him were dismissed because of some divine intervention? Can you consider, for even a second, that this case is crap? . Why is it so impossible for people to believe that Kenyon was not intoxicated? Why would Green, Doorley, Ball, Rahn and everyone else association with the case ignore evidence of intoxication if it was there? You ask why Green would not re open the case ? Can't you accept that there was no case to re-open? You want to believe that Kenyon was trashed - the fact of the matter is that he was not, and despite what everyone out there wants to believe, that is the fact and ball didn't lie about anything. There was two years to file charges if the tox was high and they were not filed, because the TOX WAS NOT HIGH. You have someone from the crime lab (me) telling you how the system works and basically call me a liar. For many years ball was the highest dwi arresting officer in Greece pd, and for one year the highest arresting officer in Monroe county - decorated for it numerous times. He arrested the town finance director for dwi for gods sake - you really think he wouldn't make the arrest or ignore evidence for some chump in a fatality? It is simple logic. Green, Doorley, Ball and everyone else associated with this case didn't arrest Kenyon for DWI , then or now, because he was not intoxicated or impaired. After the lozinsky investigation and long before - for two years - charges could have been filed if the facts were different. The facts are the facts, and in our country you don't arrest someone because a mob of people think you should. You need evidence and facts. If you spent the time to read the law you would see that there is no statute of limitations on murder. If Kenyon was intoxicated they could file charges for manslaughter today.

Stop sniffin the cat poop and breath some fresh air.

Anonymous said...

1:39 I agree with your statement that this accident could have happened without drugs and alcohol involvement. Most accidents happen without these additional contributing factors. The fact is, in every accident one of the drivers made a mistake or committed a traffic violation. That s why they are called accidents in the first place.
Though all of this, I still fail to see how an after the fact investigation would have prevented the loss of a precious life as it did.
If the officer involved was in violation of prescribed rules of accident reconstruction or lied about evidence, he should have been brought up on Departmental Chargers. These charges could and should lead to an internal investigation . if these charges are substantiated and the town wanted to terminate his employment, they would have to file an Article 75 Civil Service charge with the Monroe County Civil Service Board before they can fire him. it's the law. This does not apply if felony charges are upheld by Grand Jury indictment or conviction as we witnessed in the Joseph Case.
Article 75' s represent a costly proceedure for the town. The officer would have a union supplied attorney. An Article 75 puts the decision in the hands of third party arbitrator assigned by PERB to decide the guilt or innocence of the accussed. Each side is bound by his decision .
That brings me to the ALLEDGED $95,000 payout to Ball by the Town. If ball wanted keep his job all he had to do is refuse the "buy out " from the town .They had decided that that offer would be less costly than a protracted proceedure with a less than satisfactory outcome.
From Ball' s perspective , why risk it, why work for someone who doesn't want you, so the wise thing to do,
Take the money and move on . Probably a good decision on his part

SCATS said...

I haven't the time to go back & pick apart the details and respond to the last several lengthy comments received. Even if I did, clearly it won't change the minds of those who authored them.

At this point, I want the Olivas case to be heard and dealt with appropriately by the legal system so that they can get some measure of peace in knowing that things were tended to, investigated, handled properly ... if they really were. If they weren't then the opportunity to make it right will be upon us, won't it?

Anonymous said...

2:44 you are so full if it. Things you say is not completely true. The beer bottle was open and near him. Test that were done? Were they done from the Greece police.? You all had your job on the line with Rahn and you all did 1/2 a** work. Don't even try to say what you know. Most of it s bull. If they don't get a fair chance. It's because all evidence was removed and distroyed. Ball drew out Ridge Rd on a piece of paper and not even used the equipment that is suppose to be used. If the Olivas case falls it is because of politics. The parametric said he smelled of alcohol and Kenyon said he had 10 beers. Nothing said in the report it was on his clothing. Nothing was held in evidence like you are suppose to do. One person knows the real truth and it's God. But all you are saying is carpola even if it this case isn't heard and if its not. It's because of the big circle you are all in.

Anonymous said...

@ 2:44. Of course you are going to defend your brotherhood. The stuff you claim that GPD did with having evidence is not true. If their was evidence then I am sure the Oliva family would not be doing this lawsuit. I am pretty sure this is not easy for them to keep reliving this over and over. You said you were not there. So then you don't know what actually went down. That Kenyon kid was drinking and had drugs on him. The DeCarlis guy also was drinking after winning their bowling tournament and stopped at Bath Tub Billy's. he also had drugs on him as well. Both were found with drugs on them. No you were not there. You are right. So you did not see any thing.

Anonymous said...

GPD is alive and well and commenting on this blog instead of doing their real job. There are still plenty of botched investigations and corrupt cops on Island Cottage Road. They all cover their butts for the so called brotherhood. Favors after favors are called in and promotions given.

SCATS said...

To 10:52AM ~~ That would not surprise me in the least! It also occurs to me that although I've mention former Judge Anthony Sciolino's relationship & "success story" (Chad Kenyon), NOT ONE PERSON has reacted to my suspicions of political manuevers that may have impacted the Oliva case to keep Sciolino's "legacy" intact.

Unless I receive something MUCH DIFFERENT than already posted, I think we'll call this thread "DEAD!"