Tembeckjian and Friedberg: Corrupt AND Sneaky

State panel clears judge of wrongdoing
Commission on Judicial Conduct clears Thomas Keefe of complaints
The Albany Times Union by ROBERT GAVIN - August 3, 2009

ALBANY, NY -- City Court Judge Thomas Keefe has been quietly cleared of several complaints lodged against him -- including allegations he once retaliated against a high-profile city cop. Secret documents reviewed by the Times Union show the state Commission on Judicial Conduct investigated a series of allegations against the judge starting in January 2007 but discovered no official wrongdoing. In a decision never before revealed publicly, the panel exonerated Keefe in August 2008. "The facts developed during the commission's inquiry indicate that certain alleged misconduct cannot be substantiated," the panel stated, "and that other conduct is mitigated." Among other matters, the commission found the judge did not improperly intervene during the marijuana arrest of a family member on Nov. 8, 2005, which was Election Day that year. The judge had allegedly appeared at the traffic stop, asked the officers to release his son to him and confiscated paraphernalia at Lawnridge and New Scotland avenues about 1:15 a.m. The son had been stopped for speeding, the commission noted.

"The evidence indicates that you were called to the scene by your son with the knowledge of the police, who already knew you were a judge, and that you did not ask for special consideration," the commission's administrator, Robert Tembeckjian, wrote. "While it was imprudent for you to accept certain paraphernalia handed to you at the scene by police, the commission concluded you did not request it. And that under the stressful and unique circumstances of the situation, it does not warrant discipline that you disposed of it." Keefe also was cleared of retaliating against Officer Daniel Condon for "perceived challenges" to the judge's authority. A complaint alleged the judge tried to quash parking tickets the officer had written to two people on Dec. 12, 2006, documents show. The Times Union obtained a copy of the Condon complaint, which was filed by Christian Mesley, president of the Albany police officers union. It alleged that on Dec. 13, 2006, Keefe verbally complained to city police and the Office of Court Administration that Condon had issued "false and fabricated" parking tickets to harass court staff the day before. The complaint said Keefe alleged Condon had abused his authority and needed to be disciplined. Mesley's complaint deemed the allegation "false and slanderous." Keefe, 57, a Saugerties native and Democrat who relocated to Albany several years ago, was elected to a 10-year term in 2002. Both Keefe and David Ehrlich, the attorney for Condon, declined to comment Friday. Mesley said his union membership maintains displeasure with the judge's performance, saying not much had changed. Most of the complaints were filed on behalf of police officers who had been assigned to City Court, according to a person with knowledge of the investigation. Condon recently accused Police Chief James W. Tuffey of unrelated retaliation. He filed a complaint against the chief and department with the state Division of Human Rights earlier this year. He also testified under oath before the Common Council about the city's parking ticket scandal May 28. He said he "felt intimidated" when the chief allegedly yelled at him not to ticket his niece following a minor accident in 2007. Tuffey has said he was unaware his niece was in an accident. Condon also made headlines last September when he urged fellow officers to demand the resignation of a top police union executive he alleged spat in the face of a fellow officer during an outing in Lake Placid. Robert Gavin can be reached at 434-2403 or rgavin@timesunion.com.