Now that Talk of the Sound has obtained unredacted versions of court records in the case again New Rochelle Police Department Detective Michael Vaccaro, we have the opportunity to evaluate the various claims made by New Rochelle PBA President Detective Christopher Greco, Detective Michael Vaccaro and Affiliated Police Associations of Westchester President Detective Keith Olson (Yonkers PBA), and any others that are made going forward.
What is abundantly clear is that the Vaccaro/Greco version of events is a complete fabrication from beginning to end.
It is fair to say, if not for the cell phone video, Vaccaro’s version of events might well have been taken at face value possibly resulting in a miscarriage of justice. None of which is to say the other party, Malik Fogg, is innocent. Fogg was criminally charged and sent for a psychiatric evaluation. But Fogg doing wrong does not make Vaccaro’s actions right. It is not a binary choice where because one person is in the wrong the other person is in the right.
In our view it is clear that Vaccaro lied, Chris Greco lied and Ken Olson lied. The person who shot the cell phone video changed the trajectory of this case. Good job! We would like to hear from that person. They deserve, at least a local Emmy Award.
We are left to wonder on what basis Greco is making public confidential information such as Malik Fogg being referred for a psychological evaluation or an image, a frame from cell video unavailable to the public at the time, which he published. And did so in a grotesquely misleading way.
We were asked by New Rochelle PBA attorney Andrew Quinn to redact personal information contained in the DA complaint. We were asked by the Westchester County District Attorney’s Office to replace a roughly 30 minute audio file with an audio file edited down to about 12 minutes. We did both but we still have the original files and our reporting is based on the original files.
To view the videos, listen to the audio file or read a rough transcript or read the complaint jump here:
Now, let’s get into the many false and misleading statements:
Greco: Vaccaro did not use excessive force
Whatever justification Vaccaro had for the first punch thrown, PO Velasco is holding the suspect as PO Wallach runs forward. By the time of the second punch, PO Velasco and PO Wallach are both holding Fogg. Vaccaro throws 2 more punches and attempts to kick Fogg in the head. As PO Velasco and PO Wallach get Fogg up against a parked SUV, Vaccaro attempts to slam Fogg’s head against the SUV and slap-punches Fogg’s head. PO Velasco says pleadingly “Mike” then disengages from Fogg to push Vaccaro away from Fogg and restrain Vaccaro. When PO Wallach draws his taser, Fogg immediately complies, taking a knee as PO Velasco places one of Fogg’s arm behind him to handcuff Fogg. At this point, Vaccaro, who had circled the SUV, grabs Fogg’s head and shoves his face into the pavement.
Greco: Vaccaro acted within the parameters of the law
This statement will be at the heart of the issue in any trial. The video makes a trial seem unlikely. We expect a plea deal which includes Vaccaro’s separation from the New Rochelle Police Department.
Greco: …had Officer Vaccaro ignored the crime in progress the outcome for the intended victim could have been much worse and perhaps today Officer Vaccaro would be accused (and possibly arrested) of dereliction of duty.
False.
Vaccaro did ignore the “crime” and took no action to intervene at the Super Gas station at Main and Woodlawn.
Greco: (Vaccaro) observed and intervened in a violent domestic dispute when he lured an out of control suspect away from his intended victim (his elderly mother) and provided her an opportunity to flee to safety.
False.
The CCTV video from the Super Gas station makes clear, Vaccaro did not intervene at all upon observing Malik Fogg screaming at the driver of a White Cherokee, Stacia Fogg, his mother.
The video shows Fogg cut off his mother’s car as she attempted to exit the Super Gas station. When she backed up, Fogg got out of his vehicle, approached his mother’s vehicle and slapped the windshield with his open hand.
Fogg did not drive his car into his mother’s car or engage in any physical altercation with anyone at the Super Gas station as Vaccaro has claimed.
In a post-incident interview with NRPD, Vaccaro states he did not care about Malik Fogg’s mother.
“I’m not worried about her”
In a post-incident interview with NRPD, Vaccaro states he drove away from the scene at the Super Gas station because Malik Fogg was coming after him and he did not want to be involved in the incident.
“I’m like, “Dude, let me get the hell out of here”. I peeled out. When I peeled out, I might have hit him, hit a car…”
The CCTV video from the Super Gas station confirms that Vaccaro struck Fogg with his car as he pulled out onto Main Street. Almost simultaneously, Vaccaro sideswiped a vehicle stopped at a traffic light at Main/Woodlawn sending the car rocking back and forth.
“I just sped off because I did not want to be involved…”
False.
Vaccaro stopped his vehicle on Woodland Avenue just a few feet from where he struck Fogg. When Fogg regained his balance and walked towards Vaccaro’s vehicle, Vaccaro drove down Woodland, out of camera range. It appears Vaccaro remained nearby.
In the CCTV video, Fogg continues to look in the direction Vaccaro drove. Fogg repeatedly looks in the direction as he returns to his vehicle. Vaccaro had plenty of time to leave the area entirely. Fogg then drives to where Vaccaro exited the camera frame. Moments later, Vaccaro drives in the wrong lane, through a stop light and heads North on Main Street. Fogg follows him seconds later.
“I’m just fucking… and I drive off, and I call you guys…”
False.
See above.
“I just fuckin’ peeled out of there because I don’t want to get involved.”
False.
See above.
Vaccaro never says he attempted to intervene to protect Stacia Fogg. He did not (and the video depicts Vaccaro far away from Stacia Fogg).
Vaccaro never mentions attempting to “lure” Malik Fogg away from Stacia Fogg. He did not.
Vaccaro repeatedly states he left the scene so as to avoid being involved — the exact opposite of Greco’s claims.
Put simply, Vaccaro feared Malik Fogg and ran away without the slightest concern for Stacia Fogg or anyone else other than himself. Stacia Fogg had left the scene by the time Malik Fogg noticed Vaccaro.
Greco: (Vaccaro) identified himself to the suspect as a police officer
Yes and no.
In his statement, Vaccaro never says he identified himself as a police officer to Malik Fogg at the Super Gas station or when Fogg allegedly confronted Vaccaro on Woodlawn Avenue.
It is only after PO Velasco has arrived on scene and is pushing Fogg away from Vaccaro that Vaccaro says, “I’m an off-duty cop”.
In the video, Vaccaro does not display police identification.
In his agitated state it is not clear whether Fogg processed what Vaccaro said or just did not believe him but at the end of the incident, when Fogg is in handcuffs and surrounded by four officers, he asks repeatedly and confusedly if Vaccaro is really a cop.
Greco: …he attempted to punch Officer Vaccaro, causing him to defend himself.
False.
Malik Fogg raised his fist in self-defense for a split second at the site of Vaccaro, a person he did not know or did not believe to be a police officer (seconds earlier Greco states, “I’m an off-duty cop” but did not hold up identification to that effect, and Fogg, in an agitated state may not have processed what Vaccaro said or may have heard what he said but may not have believed Vaccaro). After Fogg drops his arm to his side, Vaccaro then punches at Fogg three times, twice connecting with Fogg’s face. As Fogg is pushed down by PO Velasco, Vaccaro kicks his foot at Fogg’s head, but misses. As PO Velasco and PO Wallach get Fogg up against a parked SUV, Vaccaro attempts to slam Fogg’s head against the SUV and slap-punches Fogg’s head. PO Velasco says pleadingly “Mike” then disengages from Fogg to push Vaccaro away from Fogg and restrains Vaccaro.
Greco: Officer Vaccaro and other officers were required to use reasonable, necessary, and justified force to bring the suspect under control.
Misleading.
The conduct of the other officers is not in question. Rocah and NRPD agree the on-duty officers acted appropriately. Only Vaccaro was criminally charged.
Greco: The New Rochelle PBA has continually indicated that we will do our part to speak out against police misconduct, and we welcome sensible police reform.
Misleading.
Under Greco’s leadership, the New Rochelle PBA had never spoken out about police misconduct nationally, let alone in New Rochelle.
If Greco sees nothing wrong with Vaccaro’s conduct it is difficult to imagine what sort of conduct would concern Greco.
Greco does not define what he means by “sensible” police reform, but his statement might come as a surprise to community members of the New Rochelle Policing Committee, established under Executive Order Number 203 entitled the “New York State Police Reform and Prevention Collaborative” issued by Governor Andrew Cuomo on June 12, 2020.
Greco boycotted Committee meetings then as now, claiming the PBA was “open to sensible reform”. He dismissed their final report because it was “completely void of any evidence of social injustice or wrongdoing within the New Rochelle Police Department”.
Greco ignored that the purpose of Cuomo’s Executive Order was not to create “truth and reconciliation” committees, but to recommend police reforms. After attending “a few” meetings, Greco decided the Committee was not interested in working with him because, he said, it had a “them versus us” mindset.
Greco: …politically motivated referral, politically motivated arrest, and continued attack on law enforcement.
The referral to the Westchester County District Attorney’s Office was made by Police Commissioner Joe Schaller, so Greco is accusing NRPD Command of a political motivation for making a referral to the DA.
Greco fails to mention Schaller made the identical referral to the DA when PO Alec McKenna shot and killed Kamal Flowers on June 5, 2020. The only difference being the DA did not charge McKenna but did charge Vaccaro.
Vaccaro was not “arrested”. He was issued an appearance ticket.
Greco does not explain what he describes as a “continued” attack or whether that applies to Joe Schaller, Anthony Scarpino, Mimi Rocah or others.
Olson: Rocah’s office made NO attempt to interview Det. Vaccaro. This ridiculous decision contradicts the most basic tenets of conducting a true, fair and impartial investigation.
Misleading.
Based on the many other lies told by Greco, it is possible that Vaccaro was asked to be interviewed by the DA and Vaccaro refused to cooperate.
Regardless, there was no need to interview Vaccaro. NRPD recorded an interview of Vaccaro immediately after the incident and provided the recording to the DA. There was an Internal Affairs file provided to the DA.
Olson: Det. Vaccaro’s actions in dealing with a violent and aggressive suspect were clearly justified and reasonable. This statement is supported by video evidence and eyewitness testimony.
False.
The cell phone video does not support the claim that Vaccaro’s actions were “clearly justified and reasonable”.
Olson: The decision to arrest this decorated, veteran police officer was disgraceful
Misleading.
Vaccaro was appointed to the Department on August 1, 2005, and promoted to Detective on December 15, 2017. He is a member of the Special Investigations Unit. Vaccaro is the recipient of the Police Commissioner’s Award, eight Class C Citations, two Unit Citations, a Commendation Award, a Lifesaving Award and the Municipal Housing Award. He was named Officer of the Month for December 2018.
That said, Vaccaro has among the worst disciplinary records in the history of the New Rochelle Police Department and the worst for any active duty officer in the New Rochelle Police Department based on NRPD Internal Affairs records seen by Talk of the Sound.
Vaccaro has been the subject of 17 Internal Affairs Investigations resulting in 9 Letters of Reprimand, the Loss of 15 Leave Days, a 10-Day Suspension, as well as an order to undergo Retraining based on a Civilian Complaint in 2020. He was suspended for 30 days following the incident on February 15, 2021. He remains suspended with pay.
In 2020, Vaccaro was docked 2 Leave Days and ordered to undergo “Retraining” for a finding that he “Failed to be courteous and tactful in the performance of duties and failing to demonstrate patience and discretion when dealing with the public.” and “Failing to refrain from using profane and vulgar language or gestures while on duty.”
In 2020, Vaccaro received a Letter of Reprimand for two violations related to “Improperly Using Department Investigative Tools”.
In 2012, Vaccaro received a 10-Day Suspension for a series of violations: “Left Designated Area of Patrol”, “Failed to Cooperate in Departmental Investigation — Made False Statements”, “Failed to Respond Promptly”, and “Unwilling to Perform Task”.
In 2009, Vaccaro was docked 2 Leave Days for violations related to the charge of “Failed to Perform in a Competent Manner”.
In 2008, Vaccaro was docked 4 Leave Days for two violations related to “Deliberately Cutting Seat Belts in Prisoner Bus”.
He was docked 1 Leave Day each for a Motor Vehicle Accident (2011); another Vehicle related incident in 2011; a Motor Vehicle Accident (2012); a Motor Vehicle Accident (2015).
He was docked 2 Leave Days each for “Failed to Take Proper Action” (2014); and “Failed to Appear at Traffic Trial” (2014).
He received a series of Letters of Reprimand over his 16-year career: Late for Special Duty Detail (2006); Failed to Obey Trial Notice (2007); Motor Vehicle Accident (2009); Motor Vehicle Accident (2010); Failed to Obey Traffic Trial Notice (2011); Failed to Adhere to Policy & Procedure (2012); Failed to Report Missing Departmental Equipment (2015).
Altogether, Michael Vaccaro has among the highest number of Internal Affairs Investigations (17) in the more than 100-year history of the New Rochelle Police Department.
Vaccaro’s 40 Days worth of Suspensions are the second most in department history.
Greco: As the suspect chased down and attacked his own mother in broad daylight, Detective Michael Vaccaro came to her aid.
False.
Vaccaro did not intervene upon observing Malik Fogg screaming at the driver of a White Cherokee, Stacia Fogg, his mother.
The CCTV video from the Super Gas station makes clear, Vaccaro did not intervene at all.
The video shows Fogg cut off his mother’s car as she attempted to exit the Super Gas station. When she backed up, Fogg got out of his vehicle, approached his mother’s vehicle and slapped the windshield with his open hand. She drove away. Vaccaro took no action to intervene
In a post-incident interview with NRPD, Vaccaro states he did not care about Malik Fogg’s mother.
“I’m not worried about her”
In a post-incident interview with NRPD, Vaccaro states he drove away from the scene at the Super Gas station because Malik Fogg was coming after him and he did not want to be involved in the incident.
“I’m like, “Dude, let me get the hell out of here”. I peeled out. When I peeled out, I might have hit him…”
“I just sped off because I did not want to be involved…”
“I’m just fucking… and I drive off, and I call you guys…”
“I just fuckin’ peeled out of there because I don’t want to get involved.”
Vaccaro never says he attempted to intervene to protect Stacia Fogg (and the video depicts Vaccaro far away from Stacia Fogg). Vaccaro never mentions attempting to “lure” Malik Fogg away from Stacia Fogg. Vaccaro repeatedly states he left the scene so as to avoid being involved — the exact of opposite of what Greco claims.
Put simply, Vaccaro feared Malik Fogg and ran away without the slightest concern for Stacia Fogg or anyone else other than himself.
Greco: Detective Vaccaro properly identified himself and provided “back-up” for the one uniformed officer that arrived on scene first.
In his statement, Vaccaro never says he identified himself as a police officer to Malik Fogg at the Super Gas station or when Fogg allegedly confronted Vaccaro on Woodlawn Avenue.
It is only after PO Velasco has arrived on scene and is pushing Fogg away from Vaccaro that Vaccaro says, “I’m an off-duty cop”. In the video, Vaccaro does not display police identification. In his agitated state it is not clear whether Fogg processed what Vaccaro said or just did not believe him but at the end of the incident, when Fogg is in handcuffs and surrounded by four officers, he asks repeatedly if Vaccaro is really a cop.
PO Velasco pushed Vaccaro away from Fogg and restrained him. Vaccaro was not “acting as back-up”.
Greco: The suspect then made good on those threats when he attempted to punch Detective Vaccaro with his closed fist, leaving the Detective with no option but to defend himself.
Vaccaro had plenty of options, including remaining in his personal vehicle and leaving it to on-duty police officers who were already on scene to deal with Malik Fogg.
With the benefit of the entire video, it is apparent that Malik Fogg never swung a punch at Vaccaro or anyone else. Fogg raised his fist in self-defense for a split second at the site of Vaccaro, a person he did not know or did not believe to be a police officer (seconds earlier Greco states, “I’m an off-duty cop” but did not hold up identification to that effect, and Fogg, in an agitated state may not have processed what Vaccaro said or may have heard what he said but may not have believed Vaccaro). After Fogg drops his arm to his side, Vaccaro punches at Fogg three times, twice connecting with Fogg’s face. As Fogg is pushed down by PO Velasco, Vaccaro kicks his foot at Fogg’s head, but misses. As PO Wallach takes control of Fogg, PO Velasco disengages with Fogg to push Vaccaro 10 feet away to separate Vaccaro from Fogg, not only not helping PO Velasco but interfering with PO Velasco’s efforts to control Fogg.
Greco: After reviewing all of the same evidence, D.A. Rocha has not pursued any charges against the suspect for attacking his mother or Detective Vaccaro, but did file criminal charges against the detective for intervening to assist the mother and defend himself.
False.
The charges against Malik Fogg did not disappear, they are described in the complaint against Vaccaro: “Malik Fogg was arrested by the NRPD in the vicinity of 635 Main Street on February 15, 2021, for Reckless Endangerment in the Second Degree, Stalking in the Third Degree, Criminal Mischief in the Fourth Degree, Harassment in the Second Degree, and New York State Vehicle and Traffic Law violations.”
Greco: Strangely, the New Rochelle Police Department IN FACT charged the suspect with Reckless Endangerment and Stalking, but those charges appear to have disappeared since being filed with District Attorney Rocha.
False.
The charges against Malik Fogg did not disappear, they are described in the complaint against Vaccaro: “Malik Fogg was arrested by the NRPD in the vicinity of 635 Main Street on February 15, 2021, for Reckless Endangerment in the Second Degree, Stalking in the Third Degree, Criminal Mischief in the Fourth Degree, Harassment in the Second Degree, and New York State Vehicle and Traffic Law violations.”
Greco: …the New Rochelle PBA released a photo showing Detective Vaccaro attempting to assist the first and lone uniformed officer on the scene with handcuffing the out-of-control suspect, utilizing an approved restraint tactic.
Misleading.
With the benefit of the entire video, it appears apparent Malik Fogg raised his fist in self-defense for a split second at the site of an approaching Vaccaro, a person he did not know or did not believe to be a police officer (seconds earlier Greco states, “I’m an off-duty cop” but did not hold up identification to that effect, and Fogg, in an agitated state may not have processed what Vaccaro said or may have heard what he said but may not have believed Vaccaro). After Fogg drops his arm to his side, Vaccaro punches at Fogg three times, twice connecting with Fogg’s face. As Fogg is pushed down by PO Velasco, Vaccaro kicks his foot at Fogg’s head, but misses. As PO Wallach takes control of Fogg, PO Velasco disengages with Fogg to push Vaccaro 10 feet away to separate Vaccaro from Fogg, not only not help PO Velasco but interfering with PO Velasco’s efforts to control Fogg.
Greco: While Detective Vaccaro had both hands on the suspect’s arm, the suspect then lunged at him with a closed fist, leaving him only a split second to respond or be assaulted.
Cell phone video suggests otherwise. Fogg did not lunge at Vaccaro or any other police officer. The video shows Fogg both raising his hand in a clenched fist briefly, but leaning away from Vaccaro.
Greco: Attempted Assault in the Third Degree, a charge that is effectively unheard of and rarely filed against anyone in Westchester County.
Pending.
Vaccaro: Malik Fogg “fucking punched me” at the Super Gas station on Main Street and Woodlawn Avenue.
False.
There is no evidence that Fogg punched Vaccaro ever, let alone at the first gas station. NRPD did not charge Fogg with assault. Greco and Olson are not claiming Fogg punched Vaccaro. A review of the Super Gas station video does not show Fogg and Vaccaro in close proximity. A review of the cell phone video shows the only physical contact between Fogg and Vaccaro is Vaccaro punching Fogg, shoving him, grabbing at his head and pushing Fogg’s head into the sidewalk.
Greco: It is our understanding that the suspect was subsequently admitted for psychiatric evaluation and has not cooperated with the District Attorney.
True, but why is Greco disclosing confidential medical information, an apparent HIPPA violation?
Malik Fogg was reported by his mother at the outset of the incident as an Emotionally Disturbed Person, which was known to NRPD Dispatch but apparently unknown to Vaccaro.
The incident began with a phone call to the New Rochelle Police Department by a woman identifying herself as a friend of a woman whose son is “chasing her in New Rochelle”.
The woman says, “he’s a sick kid”.
NRPD calls Stacia Fogg, the mother of Malik Fogg. The first words she says are “My son is not well”.
Later, NRPD Sergeant Murphy calls Stacia Fogg. He tells her NRPD is getting a “Psych Eval” for Malik Fogg.
SGT. MURPHY: Hi. This is Sergeant Murphy. I just spoke to ya.
STACIA FOGG: Hi Sergeant Murphy.
SGT. MURPHY: Yeah, hi, how are you. OK. (crosstalk)
SGT. MURPHY: We’re going to get him the eval, we’ll get him the psych eval, you know.
STACIA FOGG:, Please. Please.
SGT. MURPHY: we’re going to do that, and I just wanted to let you know that. We’re going to do that. OK?
STACIA FOGG: He don’t want to hurt no one. (crosstalk)
SGT. MURPHY: No. He’s being quiet. So, he’s not even saying anything now.
STACIA FOGG: I’m glad he’s there and (crosstalk)
SGT. MURPHY: Yeah. He’s here, and we’re going to take care of that. OK?
STACIA FOGG: Sergeant Murphy. Because He’s a good kid…(crosstalk)
SGT. MURPHY: Yeah. Listen He just needs a little help.
STACIA FOGG: If he’s there in there, he can’t hurt himself, and he can’t try to hurt anybody else.
SGT. MURPHY: That’s right We’ll take of that we’re going to that very, very soon in the next little while.
Vaccaro: I’m recording it because I was going to call it in.
Vaccaro makes numerous statements about video recording Malik Fogg such as “I’m filming it and I was going to call it in because it was escalating” and “I’m recording it ‘cos I was going to call it in” and “I was trying to record him” and I was recording him”.
For Vaccaro this appears to be an important point as he comes back to it repeatedly. The question is WHY is he recording at all?
Vaccaro claims he is recording Malik Fogg BECAUSE “it was escalating, getting ugly” but the incident between Malik Fogg and his mother is over in less than 15 seconds and never escalates — Fogg slaps his mother’s windshield and she drives away, end of incident…until Vaccaro triggers Fogg by recording him.
Vaccaro claims he is recording Malik Fogg BECAUSE he was going to call NRPD. What is the connection between recording video and calling NRPD? If he is using a smartphone to video record Fogg he also has a phone to call NRPD. Is Vaccaro worried that NRPD will not believe him without video if he saw a person angrily slap a car windshield?
Vaccaro is a police detective with 16-years on NRPD. Is he unaware that gas stations have CCTV systems recording activity around gas pumps? There is no need to use a smartphone to document an incident at a location surrounded by CCTV cameras.
The idea that Vaccaro is recording video as some sort of useful and necessary prelude to a phone call to NRPD is absurd.
What we do know from the records is that Malik Fogg was very upset at being recorded by Vaccaro.
Malik Fogg is repeatedly shouting “you were recording me” and “I’m going to beat the shit out of you” and “you recording me?” and “you got no right to record me” and “yo, I’m going to fuck you up, why you recording me”.
Vaccaro acknowledges his recording video set off Malik Fogg: “so I recorded it, he hit the car, and then he saw me record it, and he came after me” and “He sees me recording him. He comes after me like he’s going to kill me” and “he sees me recording it he comes at me like a fucking psycho, banging on my car, ‘yo, I’m going to fuck you up, why you recording me?’”
It is reasonable to conclude that but for Vaccaro recording Fogg there would have been no further incident after Stacia Fogg left the scene less than 30 seconds after she arrived. Instead of de-escalating the situation at the Super Gas station, Vaccaro escalates it by video recording Fogg, by hitting Fogg with his car, by hitting a vehicle driven by an uninvolved motorist with his car, not immediately leaving the scene but lingering near the gas station, driving up and down various roads as Fogg follows, driving in the wrong lane, and running a red light. All of this is before any on-duty police officers arrive. Once they do arrive, Vaccaro does not leave the scene but gets out of his car as PO Velasco pushes Fogg away in an effort to separate Fogg and Vaccaro. Despite multiple efforts by PO Velasco to separate Vaccaro and Fogg, Vaccaro repeatedly re-engages by shouting at Fogg, grabbing at Fogg, punching at Fogg, striking him twice, kicking at Fogg, slapping at Fogg’s head, shoving Fogg’s head into the back of a parked SUV, shoving Fogg’s head into the pavement.
Regardless, there is no rational explanation for Vaccaro video recording Fogg except out of some prurient personal interest. Vaccaro was not aiding Stacia Fogg by standing next his vehicle with nothing but a smartphone in his hand.
If Vaccaro shot video of Fogg slapping the windshield of his mother’s vehicle where is the video?
Links to Past Michael Vacarro Stories + Records, Videos, Audios, etc.
Just because these things are proven in your head doesn’t mean they actually are in the real world unfortunately. The first rule about the dunning-kruger club is that u don’t know you’re in the club
Great article! Where is this officers Mug shot why has it not been made public?
First, to my knowledge he was not arrested and processed but rather given an appearance ticket with a return date and location which has not been disclosed (I asked)..
Second, the law about mugshots sort of changed.
https://www.democratandchronicle.com/story/news/local/columnists/andreatta/2019/04/05/new-york-mugshot-ban-arrest-information-public-confusion-police-sheriff-media-cuomo-andreatta/3370518002/
Third, the booking photo policy is county by county.
https://www.westchesterda.net/media-center/community-alerts/6334-westchester-county-district-attorney-s-protocol-for-booking-photos
If that’s what you need to tell yourself to feel good, by all means. Have you not heard the definition of insanity? Doing the same thing over and over yet expecting a different outcome. It’s like arguing with you. You think you’re the smartest man in the room and that you are always right. The truth is you are the biggest hypocrite and are guilty of doing many of the same things as the people you write negatively about.
I will take that as a “yes”.
Cheerio!
Your writing abilities should be categorized as fictional comedy rather than journalist reporting.
You’re skill set of spinning the truth, distorting the facts, lying, exaggeration, blocking and censoring people who you do not agree with is better suited for Politics, maybe time for a career change?
Is this your way of saying that my having exposed all your lies leaves with you no rebuttal?
That’s smart. When you are in a hole stop digging.
Vaccaro diverted Fogg’s intentions. Fogg decided not to continue to pursue his mother and instead recklessly chased down Vaccaro on the streets on New Rochelle.
Fogg initiated the altercation as soon as he raised a fist. He knew well in fact that this was the man that he had threatened at the gas station and chased down the streets of New Rochelle. Once you raise a fist, you show intent. What if he had a gun, if he only raised for a split second does that not count either? Give me a break.
Funny how you can spin it saying how outrageous it was for Greco to mention psych eval when you have released many questionable things such as graphic accident photos, people’s names without confirmation just speculation and how you released the police officer’s home address and Fogg’s mother’s address from the police department call before you were told to redact. So please, get off your hypocritical high horse.
More lies…
“Vaccaro diverted Fogg’s intentions.”
False.
The CCTV video (https://vimeo.com/566215741) shows the mother was long gone before Malik Fogg noticed Vaccaro filming him.
Vaccaro says repeatedly that he did NOT want be involved, that he was “peeling out” to avoid getting involved (during which time he struck Fogg and then the vehicle of an uninvolved motorist, as the video shows).
“Fogg decided not to continue to pursue his mother”
I have no idea what thoughts were occurring in the mind of what appears to be an Emotionally Disturbed person. The CCTV video does not support this at all.
“recklessly chased down Vaccaro on the streets on New Rochelle”
True. And he was charged with reckless endangerment, et al.
“Fogg initiated the altercation as soon as he raised a fist.”
NRPD and WCDA concluded otherwise. Ultimately a court will decide. What I can see is Fogg never threw a punch. Fogg did not raise his fist until he observed Vaccaro approaching him and reaches out to grab him. He then lowered his fist at which point Vaccaro threw three punches and made an attempted kick to the head.
“Once you raise a fist, you show intent. What if he had a gun, if he only raised for a split second does that not count either?”
This is so stupid it does not warrant a response. There is zero comparability to a fist and a gun.
“Greco to mention psych eval”
“graphic accident photos”
False.
HIPPA applies to employers not a news publisher (unless in capacity as an employer). It applies to NRPD not to me),
“people’s names without confirmation just speculation”
False.
HIPPA applies to employers not a news publisher (unless in capacity as an employer). It applies to NRPD not to me),
“you released the police officer’s home address”
False.
I do not “release” public records; I obtain public records from government agencies that release them and then I publish them. News organizations do not redact documents; government agencies redact documents.
In this case, the DA sent out unredacted copies of the complaint. I published what they sent.
When the NRPBA lawyer called me and asked that I redact the documents I did so immediately as a courtesy not as an obligation. When the DA sent their own redacted versions I swapped them for my version.
Michael Vaccaro’s home address is a matter of public record, accessible to anyone, so publishing a criminal complaint with his home address is not some violation of privacy. Even it were, the violation would be by the source of the complaint, not me.
“(you released) Fogg’s mother’s address from the police department call”
False.
I do not “release” public records; I obtain public records from government agencies that release them and then I publish them. News organizations do not redact documents; government agencies redact documents.
In this case, the Court provided unredacted copies of the audio file containing police phone calls and radio calls. I published what they sent.
When the DA’s Office called me and asked that I take down the link to the unredacted audio file I did so immediately as a courtesy not as an obligation. When the DA sent their own redacted version of the audio file I published that version.
Stasia Fogg’s home address is a matter of public record, accessible to anyone, so publishing an audio file with her home address is not some violation of privacy. Even it were, the violation would be by the source of the audio file not me.
“before you were told to redact”
No one TOLD ME to redact. I received what I felt were courteous and reasonable requests to publish redacted documents. I chose to honor those requests as a courtesy not as an obligation.