Message from NYSTPBA President Tom Mungeer





NYSTPBA Newsletter Message from NYSTPBA President Tom Mungeer Yesterday was Veterans Day and I would again like to take time to remember and pay tribute to the men and women of the Armed Forces who served our country in the past and to those who serve today. Thank you for your sacrifice, your bravery, and the example you set for us all. The Travesty Continues Trooper Christopher Baldner has been sitting in the Ulster County Jail for 17 days. What’s Next? A legal team is being assembled to help with Trooper Baldner’s defense. Currently, a writ of habeas corpus petition is being prepared and will be filed with the Appellate Division, Third Department in Albany seeking to have bail set and to overturn the county court judge’s unexplainable and irrational decision. I have been extremely vocal about the fact that it seems like there is seemingly a different set of standards for law enforcement officers than every other citizen in New York state. Add the political machination of our legal system by certain actors and we have our present situation. As one of my previous press releases stated, “I simply cannot ignore the specter of the unholy alliance of the legal process that seems now to be intertwined in the stench of both state and county politics in this case; from the apparent political grandstanding by the attorney general’s office — which led to what I believe is the overcharging of our member — to the subsequent request to hold him without bail, to the judge’s granting that request.” NYSTPBA Legal Defense Fund Trooper Baldner is currently being afforded every legal resource that we can muster. It is unconscionable that he is in this situation. However, in these politically-charged times, what happens if another situation arises in the near future where another member or members needs equal or even greater legal resources? In 2006, the NYC Detectives Endowment Association represented three detectives involved in the Sean Bell shooting who were charged - and ultimately acquitted of all charges – with various counts including manslaughter. The legal bill for that defense totaled over $2 million. It is a new era in law enforcement where you have no idea, besides the NYSTPBA, who will be on your side when the “shit hits the fan.” I want to ensure that the financial foundation of an appropriate defense will be present for every member, God forbid, if they should ever need it. Therefore, I am proposing that a ballot initiative creating a Legal Defense Fund be sent to the entire NYSTPBA membership so you can vote for or against this concept in the near future. Further details will be forthcoming over the next several weeks and your voice will be heard. The WTF? File So-called "rapper" Fetty Wap is charged with operating a multimillion-dollar drug ring and arrested with $1.5 million in cash, 16 kilograms of cocaine, 2 kilograms of heroin, numerous fentanyl pills, two 9mm handguns, a rifle, a .45-caliber pistol, a .40-caliber pistol and ammunition, and he makes bail? WTF is going on? A Shout Out to Our Brothers and Sisters in NYSPIA As everyone knows, the Division members are represented by two labor unions – the NYSTPBA and NYSPIA. Most of the time we are on the same page on issues, other times not. Regardless, it is during a crisis like this that it is of the upmost importance that we stand together. NYSPIA President Tim Dymond was in court during Trooper Baldner’s bail hearing and he subsequently sent out this awesome press release. On behalf of the entire NYSTPBA membership – thank you! The decision to hold New York State Trooper Christopher Baldner without bail is unconscionable. Each day New York State courts release hundreds of dangerous, violent criminals back on the streets; however, a New York State Troopers, who poses no flight risk of danger to the community, is being held without bail. It is beyond comprehension what would provoke this decision other than the judge bending to the significant pressure of elected officials and the media. Ultimately, the courts will decide Trooper Baldner’s guilt or innocence regarding the tragic accident that occurred, but in the interim, it would seem that he is being held more as a political prisoner than as a citizen presumed innocent until proven guilty in a court of law. A Cautionary Tale I strongly urge that if anyone receives a notice that the Attorney General’s Office would like to speak to them, whether it is regarding the Baldner case or any other one for that matter, that they contact their Delegate immediately so we can arrange legal representation. I cannot emphasize this enough – they are not our friends. Random Thought Maybe the consistent rambling from former Governor Cuomo’s attorney regarding political motivation behind the Attorney General’s investigation has merit after all. School Bus Drivers Wanted - Governor’s School Bus Driver Initiative On Sept. 24, I mentioned that the Governor’s Office was trying to identify any retired member who currently or formerly has held a Commercial Driver’s License who may be interested in helping alleviate the current school bus driver shortage as part of Gov. Kathy Hochul’s statewide initiative to get more drivers into school buses. I also penned, “this may be a good opportunity as any student of economics knows the monetary value of something when demand is high and supply is low.” As the slow wheels of public government turn, the Governor’s Office has reached out to me again to distribute the following statement and link. Anyone who replied to my earlier request by sending an email to the NYSTPBA office should instead now follow the attached link if they are interested. Please do not kill the messenger. ------ From the Governor’s Office This school year, a nationwide school bus driver shortage has negatively impacted the beginning of the school year for many school districts in New York State. As a current or former CDL holder, you may be qualified to serve your community as a school bus driver this school year. Given the shortage this year, many districts are offering signing bonuses, retention bonuses and other incentives to attract drivers. If you are interested in helping the children of your community, please fully complete DMV’s School Bus Driver Candidate Survey. Please note, if you have already replied to this survey, you do not need to do it again. Thank you very much.” Quote of the Week I also appreciate the opportunity to reaffirm my strong commitment that we will keep protecting the people, will continue making sure our police are fully funded. - Gov. Kathy Hochul in an interview with City & State New York last week. Elections Have Consequences - Crossing the GWB and into San Francisco??? Newly-elected Manhattan District Attorney Alvin Bragg’s political platform may soon be reality come Jan. 1, 2022. Here is a sampling of a few of his planks. So much for the new mayor-elect’s hope to rein in crime in the Big Apple. I guess I can’t make fun of San Francisco anymore. The following charges will not be prosecuted under any circumstances: · Marijuana misdemeanors, PL §§ 222.30 and 222.50 · Fare evasion (turnstile jumping), PL §165.15 · Trespass, PL §§ 140.05, 140.10, 140.15, unless the trespass is a family offense pursuant to CPL § 530.11 or accompanies any felony charge as a lesser included offense · Driving with a suspended license, VTL § 511.1. Note that any vehicular collision resulting in any physical injury should be pursued as an act of reckless driving, reckless endangerment, negligent or reckless assault, failure to yield, or any other applicable statute. This policy addresses only criminalization of a failure to pay fines and does not address the criminalization of dangerous driving. · Any violation, traffic infraction, or other non-criminal offense not accompanied by a misdemeanor or felony. · Consensual sex trade. This does not include coercive practices regularly done by those who traffic in the sex trade and crimes like money laundering that flow from such practices. · Outdated offenses such as Obscenity, PL Article 235, Fortune Telling, PL § 165.35, and adultery PL § 255.17 · Resisting Arrest, PL § 205.30, for the act of resisting arrest for any non-criminal offense · Obstructing Governmental Administration in the Second Degree, PL § 195.05 For more enlightenment, you can visit his campaign webpage or I offer you the following Cliffs Notes version of it – I will pretend the penal law doesn’t exist. If I am forced to do something, I will do everything possible to ensure that the defendant is not convicted. If someone is convicted, that person will be given the minimal sentence allowable and receive a personally written apology from me. Quote of the Week - II There’s no surprise on what I said. When I ran to become the mayor of the city of New York, I said I was going to reinstitute an anti-gun unit in plainclothes. Voters voted on that. I stated what I was going to do. What I said on the campaign trail is what you’re going to see in City Hall, and I’m not backing away from that…We must zero in on gun violence in our city. - NYC Mayor-elect Eric Adams in response to threats received by activists, led by Hawk Newsome from Black Lives Matter of Greater New York, who criticized the mayor-elect's plans to create the new unit and threatened riots and bloodshed if he made good on his word. Disclaimer – Although Newsome’s group uses the BLM moniker, the official Black Lives Matter Global Network has distanced itself from him last year, stating that he “has no relation” to their operations. Election Day Redux – the Chickens Come Home to Roost The fact that Republicans scored major wins on Election Day by hammering their Democratic opponents over measures approved in the state Capitol, including reducing cash bail and other criminal justice reforms have caused some of the major players in the Democratic Party to place the blame on the far left of their party. No shit Sherlock(s). We have to be willing to stand up to the far left, because that message they’re doing from the democratic socialist wing of the Democratic Party is destroying the party. It’s not what the American people want. And it’s bad for America. And it’s not a winning message. - Congressman and potential gubernatorial candidate Tom Suozzi The problem we have is when you push too far and your tactics are too harsh, then you’re going to create divisions that we don’t need. - NYS Democratic Party Chairman Jay Jacobs Enough Said When I became a Trooper, the NYPD was ahead of us salary-wise. The strides that this union has made over the last two decades are, and will continue to be, astounding and despite what issues and crises are thrown at us, we will forge ahead and ultimately prevail. I am honored to serve as your President with one of the most dedicated group of Delegates I have ever had the pleasure of working with. Observation Never underestimate a Trooper for a good quote when needed. When I recently attended a State Police get-together at an Albany area bar/restaurant I observed that the place, a favorite amongst Division personnel, was starting to look more like the Blue Oyster than what I had remembered. Cue an observant young NCO, “Tom, it’s called BJ’s for a reason.” And that’s the rest of the story. Mailbag This week’s hateful email is yet another example of the trolls out there who think it is their job to lecture us on how we represent our members. I’m not sure where these knuckleheads had gained an affinity for Nazis but jeez, give it a break. Take it away, Amos Andrews from North Little Rock, Arkansas - First. In 1980, I enlisted in the USMC. I DEPLOYED TWICE to south KOREA. Our TENT city was in a potato field near the DMZ. I took binoculars and looked at the mountains. On the mountains I saw missiles aimed at our TENT city. All a crazy north Korean soldier had to do, was push a button or ENTER a code, and, 1000 marines and other special FORCES soldiers would be dead today. I didnt go SERVE my country just to come back here to a GD NAZI COMMUNIST police state. That BADGE on your chest does not mean you OWN me. I'm not your GD NAZI COMMUNIST SLAVE. NOW. that trooper who sprayed pepper spray in that vehicle unnecessarily. Then rammed that car and killed that little child. Hes getting what he deserves. ITS GD TIME YOU POLICE ASSOCIATIONS QUIT PROTECTING BAD COPS. Why cant some of you NAZI PIGS, JUST DO YOUR DAMN JOBS. PROTECT AND SERVE. NO REPLY NEEDED Well, first, thank you for your service to our country. Second, you shall not receive a reply sir, at least not from me. Third, “Now go away, or I shall taunt you a second time.” “Never hate your enemies. It affects your judgement.” - Vito Corleone, The Godfather Retiree Employment Opportunity The Geneva School District has an opening for both an SRO and a security position. They would prefer retired Troopers. The schedule is Monday-Friday, 7 a.m. - 3 p.m. - following the yearly school schedule. Salaries will be negotiated. Interested candidates should send a cover letter and resume to Dr. Kathleen Davis - Superintendent of Geneva Schools - drkathleen.davis@genevacsd.org. This email is an automated notification, which is unable to receive replies. To send a comment to the NYSTPBA, please contact us at nystpba@nystpba.org.

The Police Benevolent Association of the New York State Troopers 120 State St. Albany, New York 12207 (518) 462-7448 http://www.nystpba.org

1 view0 comments

Recent Posts

See All

Final Patrol: Trooper James B. Herbst (Former)

Dates of NYSP service 6/23/1966 -10/27/1970 James Barry Herbst of Little Rock, AR June 4, 1942 - June 11, 2020 James Barry Herbst (78) was born in Port Chester, New York on June 4, 1942. He peacefull