Complaint ofPersonnel Investigation 20120375
Type:

Sub Type

Personnel

Incident Date/Time
Report Due

8/3/2012 .

9/14/2012 Level Inv.

Troop:

7:00 AM
T

CTV:

3

Commissioned Officer Assigned Yes

Mode Rec.

Status:

K

c

In Person

K1465 - T/RHINEBECK

Report Location

1/10/2012

IAB

Synopsis:
Members failed to make a timely SJS entry and failed to document a sexual assault complaint or notify a
supervisor In a timely manner.
Level 3 per Staff lnsp. M. J. Smith.
To be adjudicated by Major Kopy per the 1st Dep

Classification:
Subjects:

Finding: F

INTERNAL ADMINISTRATIVE MATTERS

I
Rank TROOPER

Employee ID

- ... - . - CCC 1: DISOD
Employee ID
Last Name

Troop K

-

CCC 2: NEGLT

Employee ID
Last Name

CCC 3:IMPPA

Rank

First Name MICHAEL

CCC 3: IMPPA

DOE:

INVESTIGATOR

·ccc 2:

CCC I: DISOD

1/8/1996

M/"·M

-· First-Name WILUAM·
Troop K

Location RHINEBECK

CCC 3: IMPPA

NEGLT

I
First Name MICHAEL

Employee I D - Last Name KOPY
Shield 4153

Ml J

Location R HINEBECK

Rank

_ _La:tl 1-!~m~--

DOE: 10/28/1996

INVESTIGATOR

CCC 2: NEGLT

Employee ID

Ml L

Location RHINEBECK

CCC 2: NEGLT

Troop K

9/9/2002

DOE:

First Name ALBERT

HOYT

CCC 1: DISOD

CCC 3: IMPPA

Rank TROOPER

Troop K

Comp_laina,nts:

Location RHINEBECK

MIANO JR

CCC 1: DISOD
· - ·· ··---

Ml J

First Name JEREME

MERGENDAHL

Last Name

2/14/2005

DOE:

Rank

MAJOR

SexM

Address

City

Home Phone

Work Phone

SP Employee ~
State

DOE

Ml A

TZS K011

9/22/1986

Zip

Administrative Personnel:

Friday, February 01, 2013

Page 1 of2

Employee ID _
Last

_

MURPHY

Employee/
Last

KOPY

RECEIVING MEMBER

ID
First

Mf

Date/Time: 8/14/2012

H

MEMBER AT TROOP NOTIFIED

ID
First

MICHAEL
- --

Ml

A

-- - --

ID

LOUGHRAN

First

LISA

Ml

10:00 AM

TZS K011

8:30 AM
Datemme: 8/15/2012
- - - - ·- - · -- ··· .. -- -- - - -·

MEMBER WHO NOTIFIED TROOP

Employee I ~
Last

JAMES

TZS K021

D

-

TZS K013

Datemme: 8/15/2012

8:30 AM

- -- - -- - - - ----'--- - - -- - - -- - - -- ---·----··
Employee/~
Last

Employee
Last

ID-

SMITH

KOPY

Employee JD
Last

MURPHY

TZS H132

MEMBER AT DIV NOTIFIED

ID
First

MARK

Ml

J

Date/Time: 8/15/2012

MEMBER WHO NOTIFIED DIV

ID
First

MICHAEL

Ml

A

INVESTIGATOR

ID
First

JAMES

2:45 PM

TZS K011

Datemme: 8/15/2012

2:45 PM

TZS K021
Ml

H

Date/Time: 9/30/2012

----- - -------- --- - --- ---Employee I D Last

SMITH

ID

REVIEWER

First

MARK

TZS H132
Ml

J

- ---

Friday, February 01, 2013

Date/Time: 11/6/2012

... - ~- --

-- -

Page 2 of2

'

'

NEWY
JOSEPH A D'AMICO
SUPERINTENDENT

OLICE

Troop " K " Headquarters
2541 Route 44
Salt Point, NY 12578

MICHAELA. KOPY
TROOP COMMANDER

LETTER OF CENSURE

January 17 , 2013

Lnvestigator Mj chael J. Hoyt
New York State Police
Troop "K' 1
Rhinebeck, New York
Dear Investigator Hoyt:
On January 17, 2013 you appeared before m e at Troop K Headquarters for the purpose of
adjudicating a disciplinary matter arising from your actions on August 2, 20 12. You h ad
previously requested to have the matter adjudicated info1mally by me pursuant to Rule 3 of the
Adminjstrative Manual.
After reviewing th.is case in depth, and discussing the matter with you, it is clear to me
that you failed to exercise the m inimal amount of due diligence that I feel is required in the
perfonnance of your duties. Clearly you should have responded to either the station, or the
victim 's residence, and taken charge of what turned out to be the most serious of sexual assault
crimes. Your fai lure to do so created a significant void in this investigation and p revented what
could have been very useful evidence from being collected at the most appropriate time. We are
fortuna te that the matter has turned out as successful as it is at this point, although this success
has nothing to do with your actions. I find your conduct in this matter to be well below the
standards th at I believe are inherent in the position of Investigator.

As such I am closing this matter through the issuance of this letter of cens ure. I am
directing that you lose three vacation days to be worked by you without additional
compensation/and or overtime and that you be transferred from the SP Rhinebeck BCI Unit to
the SP Poughkeeps ie BCr Unit effective February 14, 2013. I trust that we w ill never see a
recurrence of this kind in the future.
c.c ·

]k..i\-\G.
~ 0C j

~fr-L-

~

,'

Sincerely,

~At~~

Major - Troop Commander

NEW YORK STATE POLICE
- · i..'.

.!i

MEMORANDUM
TroopJS..._Station

Headquarters

, Date January 17 1 2013

To:

Troop Commander, Troop K, Poughkeepsie, New York

From:

Investigator Michael J. Hoyt

Subject:

~f\

DISCIPLINARY ACTION - COMPLAINT AGAINST PERSONNEL

20120375
I hereby request to have·the above captioned investigation adjudicated by the
Troop Commander pursuant to Rule 3, disciplinary action, of the New York State Police
Manual.
I waive the following :
1.

The right to have this matter disposed of by the
Superintendent or by a formal hearing.

2.

Any right to appeal the Troop Commander's
adjudication, which may be a determination of
unfounded or, upon a finding of guilt, the
imposition of the following penalties: '

i.

A letter of censure and/or

ii.

An intra-troop transfer and/or

_____
; - ~ - - -- - - -iii-. -· - A -fine-te·be.-expressecHn-the-loss·of·no-more-th·an · ·--- -- - five vacation days to be worked by me wit.h no
additional compensation or overtime.

- -- - -

{

,

NEWY
JOSEPH A. D'AMICO
SUPERINTENDENT

OLICE

Troop " K" Headquarters
2541 Route 44
Salt Point, NY 12578

MICHAEL A. KOPY
TROOP COMMANDER

LETTER OF CENSURE
January 17, 20 13

Trooper Albert L. Miano
New York State Police
Troop "K "
Wappingers Falls, New York
Dear Trooper Miano :

On January I 7, 2013 you appeared before me at Troop K Headquarters for the purpose of
adjudicating a disciplinary matter arising from your actions on August 12, 2012. You had
previously requested to have the matter adjudicated informally by me pursuant to Rule 3 of the
Administrative Manual.
During our meeting we discussed the events of August 12, 2012. I find that you exercised
a lack of due diligence in the perfonn ance of your duties. Specifically, you failed to make an SJS
entry properly documenting what was clear to you at the time to be the sexual abuse of a We are fortunate that your omission did not adversely effect what turned out to be a far
more serious crime than you originally believed.

I trust that after our discussion this will never happen again and I am closing this matter
through the issuance of th.is letter of censure. A future dereliction of this type may result in a
more significant p enalty.

Sincerely,

~t~~~~; '~"6
Major - Troop Commander

.,

Genl.7

NEW YORK STATE POLICE

I

MEMORANDUM
Troop_!_Station

Headquarters

Date January 17. 2013

To:

Troop Commander, Troop K, Poughkeepsie, New York

From:

Trooper Albert L. Miano

Subject:

DISCIPLINARY ACTION - COMPLAINT AGAINST PERSONNEL
20120375

~

I hereby request to have the above captioned investigation adjudicated
by the Troop Commander pursuant to Rule 3, disciplinary action, of the New York State
Police Manual.
I waive the following:
l.

The right to have this matter disposed of by the
Superintendent or by a formal hearing.

2.

Any right to appeal the Troop Commander's
adjudication, which may be a determination of
unfounded or, upon a finding of guilt, the
imposition of the following penalties:
i.

A letter of censure and/or

ii.

An intra-troop transfer and/or

iii.

A fine to be expressed in the loss of no more than
five vacation days to be worked by me with no
additional compensation or overtime.

NEWY
JOSEPH A. D'AMICO
SUPERINTENDENT

OLICE

Troop "K" Headquar ters
2541 Route 44
Salt Point, NY 12578

MICHAEL A . KOPY
TROOP COMMANDER

LETIEROF CENSURE

January 22, 2013

Trooper Jereme J. Mergendahl
New York State Police
T roop ·'K"
Rhinebeck, New York
Dear Trooper Mergendahl :
On January 18, 2013 you appeared before me at Troop K Headquarters for the purpose of
adjudicating a disciplinary matter arising from your actions on August 12, 2012. You had
previously requested to have the matter adjudicated informally by me pursuant to Rule 3 of the
Administrative Manual.
During our meeting we discussed the events of August 12, 2012. I find that you exercised
a lack of due diligence in the performance of your duties. Specifically, you failed to make an SJS
entry properly documenting what was clear to you at the time to be the sexu al abuse of- - We are fortunate that your omission did not adversely effect what turned out to be a far
more serious crime than you originally believed.

I trust that after our discussion this will never happen again and I am closing this matter
through the issuance of this letter of censure. A future dereliction of this type may result in a
more significant penalty.

Sincerely,

~~~op~

I~

Major - Troop Commander

[(1]1~icfi~;~reme Mergendahl - wa ivermer:_g_endahl.doc
NEW YORK STATE POLICE
MEMORANDUM
Troop..K_Station

Headquarters

Date January 18. 2013

To:

Troop Commander, Troop K, Poughkeepsie, New York

From:

Trooper Jereme J. Mergenda@_

Subject:

DISCIPLINARY ACTION.- COMPLAINT AGAINST PERSONNEL
20120375

I hereby request to have the above captioned investigation adjudicated by the
Troop Commander pursuant to Rule 3, disciplinary action, of the New York State Police
Manual.
I waive the following:
1.

The right to have this matter disposed of by the
Superintendent or by a formal hearing.

2.

Any right to appeal the Troop Commander's
adjudication, which may be a determination of
unfounded or, upon a finding of guilt, the
imposition of the following penalties:

i.

·-- --·-

A letter of censure and/or

- -- ---- - - -- ---- ------- - -- - - - - ii.

An intra-troop transfer and/or

iii.

A fine to be expressed in the loss of no more than
five vacation days to be worked by me with no
additional compensation or overtime.

JOSEPH A. D'AMICO
SUPERINTENDENT

T roop " K" Headquarters
2541 Route 44
Salt Point, NY 12578

MICHAEL A. KOPY
TROOP COMMANDER

LETTER OF CENSURE

January 24, 2013
lnvestigator William M. Popow
New York State Police
Troop " K"
Rhinebeck, New York
Dear Investigator Popow:
On January 24, 2013 you appeared before me at Troop K Headquarters for the purpose of
adjudicating a disciplinary matter arising from your actions on August 2, 2012. You had
previously requ ested to have the matter adjudicated infonnally by me pursuant to Rule 3 of the
Administrative Manual.
It is clear to me that you failed to exercise the minimum due diligence that is required in
the performance of your duties when you were a ware of a sexual assault having possibly been
perpetrated upon a
. I find this to be extremely disturbing and fully expect
that it will never happen again.
I am closing this matter through the issuance of this letter of censure and trust that you
have fully taken into account my discussion with you regarding this complaint.

Sincerely,

¾}c~K~>\o
CL :

l)o,\1U/.) e, l

G,al-

~~

•J

\I

Major - Troop Commander

.,.
cl'enl. 7

4.

lo

NEW YORK STATE POLICE

MEMORANDUM
TroopJLStation

Headquarters

Date January 22. 2013

A

To:

Troop Commander, Troop K, Po

From:

Investigator William M. Popow

Subject:

DISCIPLINARY ACTION-COMPLAINT AGAINST PERSONNEL

epsie, New York

~

20120375

. I hereby r~quest to have the above captioned investigation adjudicated by the
Troop Commander pursuant to Rule 3, disciplinary action, of the New York State Police Manual.
I waive the following:
1.

The right to have this matter disposed of by the
Superintendent or by a formal hearing.

2.

Any righ~ to appeal the Troop _Commander's
adjudication, which may be a determination of
___ -------unfeunded-or;-upon-a·findin-g-oqruilt-;-the-·--- - - - imposition of the following penalties:

i.

A letter of censure and/or

ii.

An intra-troop transfer and/or

iii.

A fine to be expressed in the loss of no more than
five vacation days to be worked by me with no
additional compensation or overtime.

Genl. 7

•

NEW YORK STATE POLICE

MEMORANDUM
Troop..Ji_Station

Headquarters

Date______J;..;;a=n.....u=a=ry....__4=1-=2=0:;_;1~3

To:

Colonel Anthony G. Ellis ll, Deputy Superin tenden t, In ternal Affairs Bu reau

From:

Major Michael A. Kopy ~oop Commander, Troop K

Subject:

COMPLAINT AGAINST PERSO
EL #20120375
T PR. JEREME J. MERGENDAHL - EOD 2/1 4/05 - SP RHINEBECK
TPR. ALBERT L. MIANO - EOD 09/09/02 - SP RHINEBECK
INV. MICHAEL J. HOYT - EOD 10/28/96 - SP RHINEBECK
INV. WIL LIAM M. POPOW- EOD 01 /08/96- SP RHINEBECK

Reference i made to previou ly NYSP Cover Page Report of Li ut nant JAMES
H. MURPHY, dated September 30 2012 and cover memorandum of Captain LISA D.
LOUGHRAN dated October 12, 2012 both concerning captioned subject.
Investigation revealed that on Augu t 3, 2012 Troopers JEREME J.
MERGENDAHL and ALBERT L. MIA O fai led to make an SJS entry at th conclusion of their
shift documentation their investigation of a reported sexual assault complaint thereby violating
Regulation 8A9(5) of the YSP Rules and Regulation . Investigation rev aled that Investigators
MICHAEL J. HOYT and WILLIAM M. POPOW were found to be in violation of Regulation
8A9(5) for their fai lur to follow up on the investigation. Investigators HOYT and POPOW also
fa il ed to notify their immediate upervisor of th situation, thereby violating Regulation 8A4.
On January 17 2013 Investigator HOYT appeared before me to adjudicate thi
matter and was formally censured for his actions. A copy of my letter is attached. Investigator
HOYT was also assessed the loss of three vacation days and transferred from SP Rhinebeck BCI
to SP Poughkeepsie BCI effective February 14, 2013.
On January 17 2013 Trooper MIANO appeared before me to adjudicate this
matter and was formally cen ured for his actions. A copy of my letter is attached.
On January 18, 2013 Trooper MERGENDAHL appeared before me to adjudicate
this matter and was formally censured for his actions. A copy of my letter is attached.
On January 24 2013 Investigator POPOW appeared before me to adjudicate this
matter and was formally censured for his action . A copy of my letter is attached.
This matter is closed.

..'

Genl. 7

\

/ .

NEW YORK STATE POLICE

MEMORANDUM
Troop_K_Station · Headquarters
Date._ _ _____,;O::.c:.:t::0;.:b;.:.e.:..r.:.19:..i,i..::2:.:0:..:1=2

To:

Colonel Anthony G. Ellis II, Deputy Superintendent, Internal Affairs Bureau

From:

Major Michael A. Kophroop Commander, Troop K

Subject:

COMPLAINT AGAINST PERSONNEL #20120375
TPR. JEREME J. MERGENDAHL - EOD 2/14/05 - SP RHINEBECK
TPR. ALBERT L. MIANO - EOD 09/09/02 - SP RHINEBECK
-INV. MICHAEL J. HOYT- EOD l0/iS/96- SP RHINEBECK
INV. WILLIAM M. POPOW- EOD 01/08/96 - SP RHINEBECK

Reference is made to attached NYSP Cover Page Report of Lieutenant 1AMES H.
MURPHY, dated September 30, 2012 and cover memorandum of Captain LISA D.
LOUGHRAN, dated October 12, 2012, both concerning captioned subject.
I have reviewed the report, discussed the contents of same with both Captain
LOUGHRAN and Lieutenant MURPHY and concur with the findings of the investigation.
Investigation has clearly determined that Troopers JEREME J. MERGEN DAHL
and ALB.E.RT_L._MIAN.O_failedJo_exercise_the_due_diligence~expected-in-the-perfor.mance-01--- -their duties when they both failed to make the appropriate Spectrum Justice Service entries as
required by Division policy as well as their sending a rape victim home who had arrived at the
barracks to make a complaint. Given the circwnstances, I believe it would have been more
appropriate to keep the victim at the barracks, where she had arrived, to conduct the initial
mquny.
I find that Investigator MICHAEL J. HOYT did also violate the New York State
Police Regulations in that he both failed to assume responsibility and failed to exercise the due
diligence required to perform his duties and probably more importantly, I find reluctance to
perform his assigned duties. Clearly Investigator HOYf should-have responded and taken
charge of this serious investigation when notified. I find no justification for him to allow the
Troopers to determine the course of action in what is certainly a case that is in the. purview of the
Bureau of Criminal Investigation and for which he was solely responsible.

-

-

2

. As it pertains to his
conduct, I question whether the discipline I can impose at the Troop level would be sufficient.
I concur and I believe that Investigation WILLIAM M. POPOW failed to exercise
the required diligence in the performance of his duties in that when he was notified, he failed to
ensure that an investigation was conducted on a timely basis.
Recommend appropriate administrative action.

Genl. 7

NEW YORK STATE POLICE

MEMORANDUM
TroopJi._Statlon

Headquarters

Date_____O=c=t=o=b=e__
r __
12=,..._2__0.....1-=2

To:

Major Michael A. Kopy, Troop Commander, Troop K

From:

.C aptain L i s ~ n

Subject:

COMPLAINT AGAINST PERSONNEL - DCN 2012-0375
TROOPER JEREME J. MERGENDAHL - EOD 02/14/05
TROOPER ALBERT L. MIANO EOD - 09/09/02
INVESTIGATOR MICHAEL J. HOYT- EOD 10/28/96
INVESTIGATOR WILLIAM M. POPOW - EOD Ql/08/96

Reference is made to the attached Cover Page Adnµnistrative Report of Lieutenant
JAMES H. MURPHY regarding the above Personnel Complaint. I have reviewed the report
of Lieutenant MURPHY and concur with ·his findings.
On Aµgust 2, 2012, TROOPERS ALBERT MIANO and JEREME MERGENDAHL,
SP Rhinebeck were in receipt of a rape complaint at SP Rhinebeck by the victim,
. They reported that

,
-- - -TRUOPER- N.IEKGAND..AHC contacted.-the on=ctuty recalrtfureau member, Investigator· MICHAEL HOYT and advised him ofthe situation. Investigator HOYT did not respond to
station or the residence of the victim for further investigation.
Trooper MERGANDAHL contacted Investigator HOYT a second time following an
attempt to interview the victim and her family at their residence. Investigator HOYT
instructed Trooper MERGANDAHL to email Investigator WILLIAM POPOW with the
details of the complaint and no further investigation was conducted that evening.
The Troopers failed to docw;nent the complaint or their investigative steps in the
Spectrum Justice System, SJS. No consultation was made with a supervisor by the Troopers
or Investigator HOYT. The responsibility ofthe investigation then incorrectly shifted to the •
next bureau member on duty, Investigat-or POPOW, who was advised of the incident via
email. Investigator POPOW was denied the opportunity to thoroughly investigate this matter
from the onset and he wrongly assumed Investigator HOYT had adopted a case.

·"' ,·
It should be noted that on August.12, 2012 the family did come to the .station to
follow up on the complaint at which time Investigator POPOW adopted a case and conducted
a thorough investigation.

Troopers ALBERT MIANO and JEREME MERGA,NDAm.. did violate the following
ndes and regulations of the Ne~v York State Police:
I

8A2 - Failed to comply with the Rules, Regulations and Instructions, specifically:
8A9(5)- Failed to assume responsibility or to exercise diligence in the performance of
their official duties:
8A9 (3) - Reluctance to perform his assigned duties:

· On August 2 and 3, 2012 Troopers ALBERT MIANO and JEREME
MERGENDAHL failed to· exercise due diligence and to assume responsibility in the
performance oftheir duties when they failed to thoroughly investigate the report ofa rape by
. Their contact ofthe on-call Bureau member appears to have been just a
~•formality'' and their statements·regatding same gives the impression Troopers MIANO and
MERGANDAHL and Investigator HOYT talked themselves out of conducting further
investigation that evening. Trooper MERGANDAHL did send an-email to the next on-duty
bureau member advising him of the report however neither Trooper MIANO nor Trooper
MERGANDAHL followed up the -email with a call or conversation with Investigator
POPOW. Additionally both Troopers MIANO and MERGENDAHL failed to report the
alleged crime or their investigative steps into the S~trum Justice System,~ dir~t violation
ofDivision's SJS policy which states: at minimum all SJS incidents require narrative entry
describing the event and actions taken by Members.

a

Investigator MICHAEL HOYT did violate the following New York State Police Rules
and Regulations:
8A2 - Failed to comply with the Rules, Regulations and Instructions, specifically:
8A9(5) - Failed.to assume responsibility or to exercise diligence in the performance of
their official duties:
8A9 (3) - Reluctance to perform his assigned duties:

On August 3, 2012 Investigator HOYT failed to assume responsibility in the
performance ofhis duties and was reluctant to perform his assigned duty when he received a
call from Trooper MERGANDAHL advising him that a rape o
ad been
reported to them
Investigator HOYT as the on-call investigator failed to return to duty

.

to further investigate the matter. Lastly, Investigator HOYT failed to follow up with any of
the information presented to him on August 3, 2012 and failed to ensure that a member ofthe
BCI was made aware of the incident. Directing the Trooper to send an email regarding a
Rape 1st investigation is not acceptable and falls far below the level of dedication and
professionalism expected from a member of the Bureau of Criminal Investigation.
Investigator WILLIAM PO POW did violate the following New York State Police Rules
and Regulations:
8A2 - Failed to comply with the Rules, Regulations and Instructions, specifically:
8A9(5) -:- Failed to assume r~sponsibility or to exercise d~gence in the performance o_f
their official duties:

On August 3, 2012 Investigator POPOW failed to assume responsibility in the
performance of his official duties when he received an email notification of a rape case that
had been reported the evening prior and did nothing further to ensure the case had been
adopted by a member of the BCI.
This investigation is complete and closed as FOUNDED, recommend the appropriate
administrative action be taken against Trooper ALBERTO MIANO, Trooper JEREME
MERGANDAHL, Investigator MICHAEL HOYT and Investigator _WILLIAM POPOW.
\

----------

··-

- - ---- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

NEW YORK STATE POLICE
COVER PAGE
TITLE OF CASE

REPORTING TROOP

Trooper JEREME J. MERGENDAHL
EOD 02/ 14/05, SP Rhinebeck

K
TZS

09/30/12
CTVCODE

08/03/ 12

K121

Kl458
TYPED BY

INVESTIGATIVE PERIOD

08/ 16/ 12-09/30/ 12

Investigator WILLIAM M. POPOW
EOD 01/08/96, SP Rhinebeck

REPORT OF

CHARACTER OF CASE - (CC CODE)

STATION

jhm
SHIELD

Lieutenant JAMES H. MURP

561

CASE#

COMPLAINT AGAINST PERSONNEL

(PCT0I00)

DATE OF REPORT

K

DATE OF OCCURRED

Trooper ALBERT L. MIANO
EOD 09/09/02, SP Rhinebeck
Investigator MICHAEL J. HOYT
EOD 10/28/96, SP Rhinebeck

MANAGING TROOP

SP Poughkeepsie
STATUS OF CASE

a

CA

a

C/EC

a

REFERENCE:

Complaint of Personnel Investigation 20120375

ENCLOSURES:-

TO DIVISION HEADQUARTERS and TROOP K:

C/INV

20120375

□ C/UNF (□ C/UNS

181 C/FND □ OPN

1.
2.
3.
4.

•- - - --- -

SP Rhinebeck Unifomi Force Schedule 7/ 19/ 12-8/15/ 12.
SP Rhinebeck BCI Schedule 7/ 19/12-8/15/12.
SP Rhinebeck UF Member Attendance Record (pers.29) 8/2/12.
SP Rhinebeck UF Member Attendance Record (pers.29) 8/3/12.
5. SP Rhinebeck BCI Member Attendance Record (pers.29) 8/2/12.
6. SP Rhinebeck BCI Member Attnedance Record (pers.29) 8/3/12.
7. SP Rhinebeck BCI Member Attendance Record (pers.29) 8/13/12.
8. CAD Call Information 8/2/ 12 21:41.
9. CAD Call Information 8/3/12 00:56.
1-0;- Memorandwn -of-Sergeant-ROBER:-T-E;-·WARNER-ID-dated--9/4/-1-2:- - - · -·· - 1.1. E-Mail ofTrooper JEREME MERGENDAHL titled "Heads UP" dates 8/3/ 12.
12. E"'.Mail ofTrooper JEREME MERGENDAHI,, titled "FYI" dated 8/ 12/12.

FOR TROOP/DIVISION HEADQUARTERS USE ONLY

DISTRIBUTION:
(□) DHQ (□) TROOP (□) OTHER:

INITIALS _ _ _ __

DESTROY IN 20 _ __
PERMANENT RETENTION_
INITIALS

_

_

_ __

_

_

_

_

_

-· · ----

OHO

I

COMPLAINT AGAINST PERSONNEL
(PCT0l00)
#20120375
CONTINUED:
ENCLOSURES:

TO DIVISION HEADQUARTERS AND TROOP K

13. Document generated by Senior Investigator TIMOTHY
COWPER showing recipients of e-mail titled "Heads Up".
14. Transcript of Statement ofTrooper JEREME MERGENDAHL
dated 8/21/12.
- 15. Transcript of statement of Trooper ALBERT MIANO dated
8/21/ 12.
16. ·Memorandum of Trooper JEREME MERGENDAHL dated
9/7/12.
17. Memorandum of Trooper ALBERT MIANO dated 9/7/12.
18. Transcript of statement of Investigator WILLIAM POPOW dated
9/ 10/12.
- 19. Transcript of statement of Investigator MICHAEL HOYT dated
9/10/ 12.
20. SJS R e p o r t ~ Rapelst Investigation authored by
Investigator WILLIAM POPOW.

- - - - ----------- - ----- -- - --

------ ·------- -- - -- -

. .
SYNOPSIS: On August 14, 2012, at approximately 9:45 AM, Lieutenant JAMES H.
MURPHY, Troop K BCI was at SP Rhinebeck performing a routine supervisory check
when he became aware of a subject under arrest for a B-Felony. When Lieutenant
MURPHY questioned Senior Investigator WILLIAM GRAY as to the particulars of the
arrest, it was learned that the incident had been reported to state police personnel on
August 2, 2012 and that no BCI investigation had been commenced until August 13,
2012. Lieutenant MURPHY questioned Senior Investigator GRAY as to why he hadn't
been advised of the matter and was informed that Senior Investigator GRAY only learned
ofit on the afternoon of August 13, 2012. It was then learned that the initial complaint
had never been documented in SJS by either of the initial responding Members, Trooper
ALBERT L. MIANO, or Trooper JEREME J. MERGANDAHL, or the advised BCI
personnel, Investigator MICHAEL J. HOYT, or Investigator WILLIAM M. POPOW.
Investigation into this matter finds that the troopers did telephonically contact
Investigator HOYT of the crime and did send an e-~ail advising Investigator POPOW of
the incident, but never made any SJS entry. Investigation also found that Investigator
HOYT incorrectly advised the UF when contacted, that he was not the on-duty
investigator and failed to provide proper guidance on how to proceed. Lastly,
Investigator POPOW learned of this case via e-mail on the morning of August 3, 2012
and then went on annual leave on COB date without ever notifying his supervisor of the
incident, following up with the complainant, or making any entry in SJS. This case
against Troopers -ALBERT L. MIANO, JEREME J. MERGENDAHL, and Investigators
MICHAEL J. HOYT and WILLIAM M. POPOW is deemed to be founded. Closed by
investigation.

DETAILS:
AT SP RHINEBECK, NEW YORK

1. On August 14, 2012 at approximately 9:45 AM, I was at SP Rhinebeck conducting a
routine supervisory check. While at the station, I was informed by Senior Investigator
WILLIAM GRAY of a subject that was at the station being interviewed as a target in a
rape case. I asked Senior Investigator GRAY the details of the case and was informed
-----------thatthe-initialrepnrt oftlre rape was madtHothe state police on August 2, 2012 at
approximately 11 :50 PM. I informed Senior Investigator GRAY that I was surprised that
I hadn't known of the investigation as I review SJS daily and did not recall seeing the
case at any time. I then asked Senior Investigator GRAY when he first learned of the
investigation and he stated that he was just advised on August 13, 2012 in the late
afternoon. Senior Investigator GRAY added that he did not know of the case prior to that
because it was never documented in SJS, nor had any of his squad mentioned it to him.
AT SP POUGHKEEPSIE, NEW YORK

2. On August 14, 2012 at approximately 12:30 PM I returned to SP Poughkeepsie. At
that time I reviewed SJS for SP Rhinebeck for August 2, 2012 through August 4, 2012.
At no time did I find any reference or mention of the rape investigation. I then advised
Captain LISA D. LOUGHRAN of the matter.

1

,.

'
Captain LOUGHRAN
then advised Major MICHAEL A. KOPY of the incident who
notified Inspector MARK SMITH ofIAB South. Personnel Complaint 20120375 was
initiated with Lieutenant MURPHY assigned to investigate.
3. On August 14, 2012 at 1:00 PM I retrieved the work schedules for SP Rhinebeck UF
and BCI from LATS for the period of July 19, 2012 through August 15, 2012. Schedule
reveals that Troopers MIANO and MERGENDAHL were both working a 2 shift on
August 2, 2012. They were both assign(Xi to Division vehicle UGl. This was the last
day _o fa two day work period and they both went on pass at 7:00 AM on August 3, 2012.
The BCI schedule shows that Investigator HOYT was working a C-Line on August 2,
2012 and completed his shift at 11:00 PM, but would have been on recall until 3:00 AM
oµ August 3, 2012. Investigator HOYT then began a three day pass and did hot return to
duty until 3 :00 PM on August 6, 2012. The schedule also shows that Investigator
POPOW worked a B-Line on August 2 and 3, 2012. He left work on 4:30 PM on August
2, 2012 and returned to duty at 8:30 AM on August 3, 2012, but was the recail
investigator- beginning at 3:00 AM on August 3. Investigator POPOW completed his tour
of duty at 4:30 on August 3 and was off duty for the next nine days, returning to duty at
3:00 PM on August 13, 2012. Investigator JAMES MONTROSS was working a C-Line
on August 3, 2012 and was the recall BCI Member for the Saturday August 4 and Sunday
August 5, 2012. .SP Rhinebeck UF Schedule for July 19, 2012 - August 15, 2012 is
attached as Enclosure # 1. SP Rhinebeck BCI Schedule for July 19, 2012- August 15,
2012 is attached as Enclosure #2.
4. On August 14, 2012 I contacted Senior Investigator GRAY telephonically and
directed him to make copies of the Member Attendance Record (Pers.29) for the SP
Rhinebeck UF and BCI for the dates of August 2 and 3, 2012, as well as the BCI for
August 13, 2012. I further directed Senior Investigator GRAY to forward those items to
me via the Troop relay system. SP Rhinebeck Member Attendance Record (Pers 29) UF
for August 2 and 3, 2012 are attached as Enclosures# 3 and 4 respectively. SP
Rhinebeck Member Attendance Record (Pers 29) BCI for August 2, 3 and 13 are attached
as Enclosures #5, 6 and 7 respectively.
S·. On August 14, 2012 at approximately 2:30 PM I spoke with Sergeant EDWARD
OMULESKI Troop K Communications Supervisor and requested any CAD, or radio
transmission records for 1K31 for August 2, 2012 from 10:00 PM through August 3,
2012 until 2:00 PM. The radio records reveal that Troopers MIANO and
MEREGENDAHL were riding together in 1K31 and were assigned to a domestic
incident at 9:42 PM. At 10:50 PM they called out at SP Rhinebeck with a prisoner
stemming from the domestic complaint. At 12:02 AM they contacted Troop K
Communications advising of a prisoner transport to court. The records indicate that
Troopers MIANO and MERGENDAHL were occupied with the prisoner until 12:48 AM
when they dropped him off at his residence after his arraignment. The CAD record then
shows that Troopers MIANO and MERGENDAHL called out of service a t .
(address of rape victim) at 12:56 AM on a self initiated complaint.
The record reveals further that both troopers remained at this location until 1:15 AM until
they called back in service. CAD Call Information record is attached as Enclosure #Sand
#9. Memorandum of Sergeant ROBERT WARNER Troop K Communications

2

\

Supervisor, out-lining radio transmissions for lK.31 from 9:39 PM, August 2, 2012
through 12:48 AM on August 3, 2012 is attached as Enclosure # 10.
6. On August 14, 2012 I requested that Senior Investigator collect and forward to me
any e-mail pertaining to the rape investigation. Senior Investigator GRAY forwarded
two e-mails, both from Trooper MERGENDAHL to Investigator POPOW explaining the
possibility of a rape that occurred in the recent past. The first e-mail titled "Heads Up"
was sent on August 3, 2012 at 7:02 AM and stated that
The complainants were then directed tq their residence as the troopers were
preoccupied with an arrest and would respond to the complainant's residence to conduct
an interview as soon as it was possible.

The two e-mails of Trooper JEREME MERGENDAHL are
attached as Enclosures #11 and 12.
7. On August 15, 2012 at 1:47 PM, Captain LISA D. LOUGHRAN contacted Senior
Investigator TIMOTHY COWPER, Division Information Security via e-mail and
requested that Senior Investigator COWPER conduct a search on the previously
mentioned e-mail titled "Heads Up" from Trooper MERGENDAHL to Investigator
POPOW to determine if they were sent to any other recipients and what time each
recipient opened said e-mails. The results were received on August 16, 2012 and
revealed that the e-mail dated August 3, 2012 was sent only to Investigator POPOW and
was opened by him on August 3, 2012, at 8:40 AM. Documentation regarding the e-mail
dated August 3, 2012 is attached as Enclosure #13.
8.

On August 21, 2012 ~t ~:25 P~ !_~o~ a statement from Trooper JEREME ___ _·_ _ __ -·· _ _

---- - -- ·--MERGENDAHL in the presence of Captain SCOTT BROWN, Trooper JOHN GERO, ,
Troop K PBA Union Delegate and Mister RICHARD MULVANEY, PBA Counsel.
During the statement Trooper MERGENDAHL stated that on August 2, 2012 he was
working a 2 Shift out of SP Rhinebeck. He was riding in Division Vehicle lK.31 along
with Trooper MIANO. Around midnight they happened to be at SP Rhinebeck
processing a prisoner and preparing to take the prisoner for arraignment. As they were
about to leave SP Rhinebeck
arrived at the station.

rooper MERGENDAHL continued by stating that he told the subjects to
go to their residence and as soon as he was done arraigning the prisoner he would mee~
them at the residence to interview
Trooper
MERGENDAHL went on to state that during the arraignment, he contacted Investigator
HOYT via telephone and advised him of the possible rape. He was instructed by
Investigator HOYT to interview the girl to ascertain the nature of the co111plaint and then

3

/

call him back. Trooper MERGENDAHL stated that after the arraignment was
completed, he and Trooper MIANO drove the defendant to his residence and then
proceeded to the complainant's residence
Upon arrival they were met on the front

After repeated failed attempts to interview the family or determine whai
exactly occurred, both Trooper MERGENDAHL and MIANO cleared the scene.
Trooper MERGENDAHL then called Investigator HOYT on the telephone even though
he thought that Investigator POPOW was actually the recall BCI Member, and told him
that they were unable to interview anybody at the scene, but that he had left all his own,
Trooper MIANO'S and Investigator POPOW'S contact information in case the
complainant's family decided to pursue a criminal investigation. Investigator HOYT
then advised Trooper MERGENDAHL that he would not be responding and directed him
to send an e-mail to Investigator POPOW advising him of the incident. Trooper
MERGENDAHL also stated that he was responStl>le for sending an e-mail to Investigator
POPOW at the end of the shift as well as the SJS entries except for the one related to the
previously mentioned arrest. Trooper MERGENDAHL said he failed to do an SJS entry
because he thought that the e-mail notification to Investigator POPOW was sufficient
documentation ofthe complaint. Trooper MERGENDAHL closed by stating that he
called the SP. Rhinebeck BCI office during the day on August 3, 2012 to see if anything
.happened with the possible rape investigation, but nobody answered the telephone.
Transcript of Trooper JEREME MERGENDAHL'S statement is attached to this report as
Enclosure #14.
9. On August 21, 2012 at 3:45 PM I took a statement from Trooper ALBERT L.
MIANO in the pr~ence of Captain SCOTT BROWN, Trooper JOHN GERO, Troop K
PBA Union Delegate and Mister RICHARD MULVANEY, PBA Counsel. During the
interview Trooper MIANO stated that he was working a 2 Shift on August 2, 2012. He
stated that-he was working with Trooper MERGENDAHL and that they were at SP
Rhinebeck preparing to take a prisoner out to arraignment. He said it was just after
.midnight when
arrived at the station. They were there to
report a rape that had occurred
Trooper MERGENDAHL spoke with the subjects while Trooper MIANO
gaurded a prisoner and learned that the alleged victim
. At that
point Trooper MERGENDAHL sent the subjects to their residence and advised them that
they would respond there to conduct an interview as soon as possible. Trooper MIANO
continued by stating that during the arraignment, Trooper MERGENDAHL contacted
Investigator HOYT telephonically to advise him of the rape complaint. Trooper
MERGENDAHL then advised Trooper MIANO that Investigator HOYT directed him to
go to the complainant's residence and determine the nature of the complaint. After
completing the arraignment and driving the defendant home, Trooper MIANO and
Trooper MERGENDAHL responded to the residence
4

...
\

at the

After majtiple unsuccessful attempts of conducting ~
interview, Trooper MIANO and MERGENDAHL told the complainants that someone
from the state police would be in touch with them. But did not say who or when that
would be. Trooper MIANO stated that the complainants were also given the telephone
number to SP Rhinebeck and departed. Trooper MIANO went on to say that he never
followed up with the complaint, but on August 12, 2012 he was working a 1 shift and
happened to answer the telephone at when
called SP
Rhinebeck. She stated that she wanted to come to SP Rhinebeck on Monda):' August 13,
·2012 at 3:30 PM to speak with an investigator about
. At 3:30
PM on August 13, 2012
called SP Rhinebeck and spoke with Trooper
MIANO again. She advised Trooper MIANO that she would be enroute to the station
. While the subjects were enroute to SP Rhinebeck, Trooper MIANO
advised Investigator POPOW of the situation. Upon their arrival at SP Rhinebeck, ■
- e r e introduced to Investigator POPOW who then took control of
the investigation. Trooper MIANO then departed the SP Rhinebeck. Trooper MIANO
also .s tated during his interview that he was ultimately responsible for an SJS entry not
being completed because he was the senior Member for the shift. Although Trooper
MIANO was relying on Trooper MERGENDAHL to make the SJS entry, he never
verified it was completed because he was completing other administrative duties.
_ _ _ _ --Trooper-MIANO-stated-that-th.e.failure-to-make-an-entry·was just-an-oversight-and -- · - ·-- nothing more. Transcript of Trooper ALBERT MIANO'S statement is a~ched as
Enclosure #15.
·
10. On September 4, 2012 I received copies of the SP Rhinebeck Member Attendance
Records (Pers. 29) previously referenced in Paragraph·#4. A review of these records
reveals that Investigator HOYT was actually working from 4:00 PM to 12:00 AM on
August 2, 2012 and signed out of SP Rhinebeck at 12:00AM. This information was
previously unknown to me when I interviewed Troopers MERGENDAHL and MIANO.
In light of this new information I then contacted Captain SCOTT BROWN and requested
that he interview both Troopers regarding Investigator HOYT'S location when the
complainant initially arrived at SP Rhinebeck on August 2, 2012. Both Members stated
that although they had observed Investigator HOYT at SP Rhinebeck, they do not know
if he was in the station when
arrived at SP Rhinebeck. They
also both stated they did not check to see if Investigator HOYT was available to talk to
the victim, but instead sent her to her residence to speak with them later in the evening.
. 5

/;

Memorandums of Trooper MERGENDAHL and MIANO are attached as Enclosures #16
and 17 respectively.
11. On September 10, 2012 at 12:41 PM I took a statement from Investigator
WILLIAM POPOW in the presence of Investigator JAMES SERAFINI, NYSPIA Union
Delegate. During the interview Investigator POPOW stated that on August 3, 2012 he
was working a B-line and began his shift at 8:30 AM. He stated that even though he
began work at 8:30 AM, he was actmµly the SP Rhinebeck BCI recall Member beginning
at 3:00 AM which is the normal operating procedure at Rhinebeck. hivestigator POPOW
went on to state that.sometime during the beginning of his shift he opened and e-mail
from Trooper MERGENDAHL titled ''Heads Up". The e-mail outlined a possible sexual
assault/ rape case that had been reported to Trooper MERGENDAHL during his shift the
previous night. Investigator POPOW added ,that he read the e-mail and looked in SJS for
an associated entry, but found none. Investigator POPOW stated that during the
beginning of his shift he had also overheard an unJmown trooper stating that Investigator
HOYT had been notified of the case during the night. With this information, Investigator
POPOW assumed that there was no need to take any action as he assumed that
Investigator HOYT was handling the complaint. Because of this Investigator POPOW
did not advise anyone else of the information contained in the e-mail, or call Investigator
HOYT to discuss the case with him. He also added that he had no means of contacting
the complainant as there was no telephone numbers listed in the e-mail of Trooper
MERGENDAHL. Investigator POPOW continued by stating a few hours after beginning
his shift he was assigned to assist SP Livingston with an arson investigation and was sent
out of his patrol area until the end of his shift. Upon the completion of his shift at 4:30
PM, Investigator POPOW went on a two day pass, followed by three days of Annual
Leave and four more pass days. Upon returning to duty on August 13, 3012 at 3:00 PM
for a C-line, Investigator POPOW stated that he had a Second e-mail from Trooper
MERGENDAHL titled "FYI", dated August 12, 2012 referencing the original e-mail
indicating that the subject of the case wanted the matter investigated. Investigator
POPOW went on to state that at that point he spoke with Trooper MIANO who stated
that
contacted him and wished to pursue the matter. Investigator
POPOW then asked Trooper MIANO to put
in contact with
him. Trooper MIANO then advised
to respond to SP
Rhinebeck. When they arrived, they were introduced to Investigator POPOW who then
initiated an investigation. Investigator POPOW added that he never contacted
Investigator HOYT to see if anything had been done on the case up to that point. He
stated he checked SJS again, but the case was still not in the system on August 131 2012.
He concluded by stating when
arrived at SP Rhinebeck, he
interviewed both subjects and learned that nothing had been done to that point, so he
commenced an investigation because he was the only investigator available at that time.
Transcript of Investigator POPOW'S statement is attached as Enclosure #18.
12. On September 10, 2012 at 2:20 PM I took a statement from Investigator
MICHAEL J. HOYT in the presence oflnvestigator JAMES SERAFINI, NYSPIA Union
Delegate. During the interview Investigator HOYT stated that he was working a C 4 shift
on August 2, 2012, meaning that he started work at 4:00 PM and completed his shift at

6

'

12:00 AM. He added that he had a pass day on August 3, 2012. Because he was going on
pass he claimed that he was not the recall BCI Member so once his shift ended that
responsibility fell on the BCI Members who were working the next day which in this case
was Investigator POPOW. He further added that this is the normal practice, unless he
was working a C-Line the next day, in that case he would have had calls until 3:00 AM
on August 3, 2012. Investigator HOYT went on to add that he and Investigator POPOW
had no prearrangement that he would be on recall after 12:00 AM. He also stated that he
was at SP Rhinebeck at 10:50 PM on August 2, 2012 when Troopers MERGENDAHL
and MIANO arrived with a prisoner. Investigator HOYT stated that he was not aware of
any complainants entering SP Rhinebeck prior to his departure at the end of his shift, nor
did he notice any unusual vehicles in the station parking lol Investigator HOYT
admitted that he does not know what time he left SP Rhinebeck, even though the Member
Attendance Record (refer to Enclosure# 3) indicates that he was working until 12:00
AM. He·stated it could have been before or after the listed time of 12:00 AM.
Investigator HOYT continued by stating that shortly after midnight he received a
telephone call from Trooper MERGENDAHL who advised him of a complainant who
· · had come into SP Rhinebeck around midnight to report a sexual offense. Investigator
HOYT was advised that the complainant was
and that she was
•·sent home by Trooper MERGENDAHL
and
that he would be responding to the complainant's home to interview her
. Investigator HOYT was not sure exactly what time he received this call,
. but he advised Trooper MERGENDAHL to interview the complainant and call him back
to let him know the facts of the case. Investigator HOYT stated that Trooper
MERGENDAHL telephoned him again at approximately 1 :30 AM on August 3, 2012
and advised that he and Trooper MIANO had responded to the complainant's residence

Investigator HOYT added that he
asked the Troopers if they needed him to respond, to which they replied "no".
- - - -- -- Investigator HQ:'.Y-1'-then -direeted-i:::r 00per-MERGENBA:HL-to·sertd-an-e-mail-to·-- --- · -- ·- -- Investigator POPOW outlining the circumstances in case any further action was needed
the next day. Investigator HOYT claimed that he assumed that Investigator POPOW
would share the information with Senior Investigator WILLIAM GRAY and perhaps call
the
. Investigator HOYT added that he
never followed up with the case after that because he 'thought it would be in SJS and
everyone would have known about it and the proper investigative steps would have been
taken. Investigator HOYT went on to state that he never heard anything further about the
case until over a week later when Trooper MIANO advised him that the complainant's
father had contacted him and stated that he wanted the matter investigated. Trooper
MIANO told Investigator HOYT that he r e f e r r ~ to Investigator POPOW, so
again he did not take any action, Investig~tor HOYT ended his sta~ent by saying that
he made what he thought was the best decision at the time. He stated that he felt
comfortable with Troopers MERGENDAHL and MIANO'S assessment of the situation

and that Investigator POPOW would follow up with the case the next day. Investigator
HOYT closed· by stating that he never had any contact with Investigator POPOW about
this case. Transcript of Investigator MICHAEL J. HOYT'S statement is attached ·as
Enclosure #19.
13. On September 10, 2012 at 4: 15 PM I telephonically contacted Senior Investigator
WILLIAM GRAY to discuss the BCI recall arrangements for SP Rhinebeck. Senior
Investigator GRAY stated that when a BCI Member is assigned a C-Line shift, he is
responsible for any BCI matters that may come in until 3:00 AM the following day. This
rule even applies when a Member works a C-Line and is going on pass the next day. He
continued by stating the only time there would be a deviation from this procedure was if
the Investigator responsible for therecall made other arrangements with another BCI
Member. If this were to occur, he would not necessarily be aware of it. Senior
Investigator GRAY was clear that the assigned C-Line Investigator is responsible for the
recall issues until 3 :00 AM the following day unless he makes other arrangements.
· 14. September 30, Z.012 at 2:00PM I printed and attached completed SJS Report#
Rape 1st investigation. This is the completed documentation of the criminal
investigation into this matter.

CONCLUSION:

Investigation into this matter has revealed that the complainant in the sexual
assault investigation arrived at SP Rhinebeck sometime prior to August 3, 2012 at 12:02
AM as shown by the radio transmissions ofTroopers MERGENDAHL and MIANO in
1K31. It is also known through the collected documents that Investigator HOYT was
working until August 2, 2012 at 12:00 AM. Investigation into this matter has also
revealed that Trooper MERGENDAHL sent the complainant home to her residence
instead of determining if Investigator HOYT was in SP Rhinebeck and referring her to
him. From that point it was revealed that Trooper MERGENDAHL contacted
Investigator HOYT, advised him of his actions and was directed by Investigator HOYT
to conduct an initial interview of the complainant to determine the true nature of the
complaint. After this interview was attempted by Troopers MERGENDAHL and
MIANO, Trooper MERGENDAHL again contacted Investigator HOYT to update him on
the investigation.

Investigator HOYT believed that Investigator POPOW was responsible

8

for the calls as he was beginning a three day pass decided not to take any further steps at
that-time. Investigator HOYT advised Trooper MERGENDAHL to send an e-maU to
Investigator POPOW of the circumstances. Investigator HOYT took no further action or
made any notifications to anyone re~ding the sexual assault complaint. Trooper
MERGENDAHL did in fact send an e-mail to Investigator POPOW, but the e-mail did
not contain any contact telephone numbers for the complainant. Troopers
MERGENDAHL and MIANO then completed their shift without documenting the
incident in SJS. Investigator POPOW then worked a B-Line on August 3, 2012 and did
open Trooper MERGENDAHL' S e-mail at the beginning of his shift. Investigator
•
POPOW looked in SJS for an entry to gather more information, but found none.
Investigator POPOW also took no further action due to the fact that he believed the case
was being handled by Investigator HOYT. To compound the situation further,
Investigator POPOW was also did not return to.work at the completion of his shift on
August 3, 2012 until August 13, 2012 at 3:00 PM.
ere put in touch
with Investigator POPOW who immediately handled the case with the highest degree of
professionalism. investigator POPOW was able to get a full confession from the target of
the investigation which will be crucial to the prosecution of this case.
'

)

On September 25, 2012 this matter is closed by investigation and the. complaint
against Trooper JEREME MERGENDAHL, Trooper ALBERT MIANO, Investigator
MICHAEL HOYT and Investigator WILLIAM POPOW is deemed founded for their lack
of due diligence to their official duties.

The facts obtained during this investigation conclude that the aforementioned
Members did violate the following Regulations of the New York State Police:
8A9(5)Failure to assume responsibility or to exercise diligence in the performance
of their official duties.
- - -- -- -"-Speci-ficaH-y-'F:roopers-JEREME-MERGENBAHfrand-AbBER1'- MIAN0·failed-tomake an SJS entry at the conclusion of their shift on August 3, 2012 documenting·their
investigation of the reported sexual assault complaint. This omission is in violation of
the Division SJS Policy which states: At a minimum, all SJS incidents require a narrative
entry desctibing the event and actions taken by Members. This entry must be completed
prior to the end of the Member's shift. Descriptive information on persons, vehicles and
property are to be, entered within the SJS tabs.
Investigator MICHAEL HOYT and Investigator WILLIAM POPOW are also
found to be in violation of Regulation 8A9(5) for their failure to follow up on the
investigation as well as not notifying their immediate supervisor of the situation which is
in violation of Regulation 8A4 which states: It shall be the duty of all Members to protect
life and property and to take proper police action when an offense of the law occurs
within their jurisdiction. Members shall report all existing and potential conditions
relating to or involving offenses of the law to~ immediate supervisor. Members shall

9

diligently perform their duties and patrol assigned areas in such a manner that each
Member cognizant of all conditions relating to the offenses and offenders and any
condition that may adversely affect the peace and security of the people of the State. In
dealing with the public, a Member must act in a courteous, dignified and businesslike
manner.
It is recommended that the appropriate administrative action be taken against Trooper
JEREME MERGENDAHL, Trooper ALBERT MIANO, Investigator MICHAEL HOYT
and Investigator WILLIAM POPOW.

e:~ c.t.OSf.l.~t ~ ~

- - - ~~- - ~~ ~~ ~ ~~~~ - - ~- - - - - ~- ~~ ~ - - - ~~~- ~- ~~ ~ . ~ ~- - - - ~~- ~- - - ~- ~~8/23/12
,
'
HTE
CAD
.·

6t ~ ~ ___ ~ ~~ __·_____ ~~ ____ ~CAD _CALL~ :C NFORMATION ~ ~ _

_1 0·: 3&.o

Ca.1 1 Numbe r:
Entry Day/Tm:

SI
Call Type.:
. 8/02/12 21 : 4 1: 45

~~ ~ ~ ~-- -c~ . _ ~ _ -- ~

-

040 DOMESTIC DISTURBANCE
040 DOMES~IC DISTURBANCE

-- --•

Police
Police

Agency ... . . . . . . : 15 0 NEW YORK STATE PO
Apt :
Block#:
400
Loe ID :
Mapr:

CmnN:
Lo cation . .. :
City . . . . .. :
Intersectn .:
Cal·ler Name: Last:Address ... . :
City/State:
Cal~ Taker . :
Dispatcher.:

~· - ~
1

PAGE

·

Mid:

Firs -

Phone#:
5434 AISENSTAT
5434 AISENSTAT

RACHEL
RACHEL

N A R R A T I

See Ca l ler :
Apt :
Source: 7 DIG

QPADEV0O.0Q
QPADEV000Q

V E

21:41:45
. 21 : 42 :20

1K35
8/02/12
8/02/12
8/02/ 1 2
8/02/12

Unit Status History Information
21 ·: 41:46
21:41:46
21:41:46
22:49:10

4
6
11
20

Dispatched
At Scene
Assigned as Primary
Available

D
AL

4 9,97 MIANO

ALBER

PR

AV

00001

D I

S P O S I

- - - - 1:- -0 2·5- .. As"sTgnment'" C: omp let e·

T I O N S

-- 11
-··--E~d- Ca

- -

♦ - - - - - ♦-- - ·----- - -

l

Case#

-

-

-

--

-

00-000000 Unit : 1K35

I..

00001

· 00001

---------------------------------------------------------- e_. ~ Clthl{~t, _ -1t {{_ - - - 8/15/1)

HTE

CAD

PAGE

1

14:0& ~ 8t ______________________ cAD-CALL-INFORMATION-------------~----- ~
Call Number:
Entry Day/Tm:

8/03 / 12

Caller Name:
Address . . . :
City/State :
Call Taker .
Dispatcher .

•

00001

150 NEW YORK STATE PO
Apt:
RD
100
Loe ID:
Mapr : DRIVEWAY

Block# :

Mid:

Phone# :
0000000000
9993 GROVE

N A R R A T I

0 0 0-000-0000

WILLIAM

See Caller :
Apt :
Source: SI

MDTMAIN
QPADEV000Z

V E

■

lK3l

Police
Police

Agency . . . .

First :

Last :

8/03 / 12
8/03/12
8/03/12
8/03/12
8/03 1/ 12
8 / 0-3 / 12

142 OUT OF SERVICE FOLLOWUP
142 OUT OF SERVICE POLLOWUP

SI
Call Type.:
0:56 : 20

CmnN: INDIAN POINT
Loe at ion .. .
City . . . . . .
Intersectn.
UNNAMED STREET

_

0 : 56:20
0 : 56:20

Unit Status History Information
0:56:20
0 : 56 : 20
0 : 56 : 20
0 : 56 :2 1
1 : 06 : 14
l._: 1 5 : 2 2

4 Dispatched
At Scene
1 1 Assigned as Primary
24 Enroute to Scene
6 At Scene
0000.1..
20 Available
6

D
AL
PR
ER
AL
AV

3259 MERGENDAHL

JEREM

00001

Genl. 7 .

NEW YORK STATE POLICE

. 00001

00001

MEMORANDUM
TroopJLStation
Date

To:

Poughkeepsi.e.

Sept 4 12012

. Major Michael A. Kopy, Troop Commander, Troop K

m@

From:

Sergeant Robert E. Warner

Subject:

SP RHINEBECK DOMESTIC CALL llGl S J S '\

As requested by BCI Lieutenant James Murphy, a review of the tape logger
material in reference to the above subject line was conducted by Sergeant Robert E. W ~mer Ill.
The times of the initial call, dispatch time, beginning transport and ending transport mileages are
listed below. The ti~es were retrieved from the tape logger by Se~geant Robert E. Warner Ill.
Initial 911 call:
Dispatch time:

9:39:17pn5J0001
9:42:16pm

1K31 BTM 22,309 10:37:43pm From Sepasco Rd
1K31 ETM 22,317 10:50:20pm To SP Rhinebeck
1K31 BTM 22,317 12:02:18 am To T/Rhinebeck Court
1K31 ETM 22,320 12:06:27 am AtT/Rhinebeck Court
IK.31.BTM 22,320. 12:41:30am Courtesy to Residence
· 1K31 ETM 22,325 12:48:19am At S_epasco Road

00001

00001

Page 1 of 1

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Created By:
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From:

8/3/2012 7:02 AM
Jereme M ergendahl

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TroopK_PO.NYSPTroops2
To: William Popow

Action

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Delivered

8/3/2012 7:02 AM

Read

8/3/2012 8:40 AM

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file://C:\Documents and Settings\lloughra\Local Settings\Temp\XPgrpwise\501B77A2NY...

8/16/2012

t~

State of New York
County of Dutchess
Town of Pleasant Valley

)
)
)

✓

~

This is a statement being taken from Trooper JEREM): J. MERGENDAHL at SP
Poughkeepsie, Troop K Headquarters, Pleasant Valley, NY, on August 21, 2012. This
Statement is being taken by Captain SCOTT BROWN, Lieutenant JAMES H. MURPHY
commending at 3:25 P.M.
The letters "JHM' denotes questions asked by Lieutenant MUPRHY.
The letters "SLB" denotes questions asked by Captain BRO~.
The letter "A" denotes answers given by Trooper MERQENDAHL.

< .·

JHM: Trooper MERGENDAHL you were advised on August 20, 2012 by Captain
BROWN of the m~tter being investigated and that we would be talcing a statement at this
time. The purpose of this interrogation is to inquire into your activities as a member of
the State Police, specifically as it relates to a r~pe-investigation _that was reported t.o you
on August 2, 2012. You are not the target of any known criminal investigation this
interrogation is being conducted pursuant to Article 16(2) of the agreement b~tween the
State of New York and your certified employee representative organization and the
regulations of the New York State Police. You have .the right to contact and consult with
an attorney and or a union delegate before being interrogated and have an attorney and or
delegate present during the interrogation. This agreement and the State Police
regulations require you to cooperate and answer truthfully questions relating to the
investigation. Refusal to answer or failure to answer truthfully may result in disciplinary
action which could result in your separation from service. Are you represented at this
time and if so by whom?
-

-

-

- - -JM:---- Yces -I-am, RIGH-MYbHANE¥-and-Troop-~Belegate-J0HN·6ER0. - - - --·
JHM: Okay. Again I am Lieutenant JAMES H. MURPHY and I have been designated
by the Superintendent to.conduct this interrogation. Present during this interrogation are
myself, Captain SCOTT BROWN, Trooper JEREMY MERGENDAHL, Trooper JOHN
GERO, PBA Union Representative and RICHARD MULHANEY, PBA Attorney. This
statement is being mechanically recorded. Do you understand this?
JM:

I do.

JHM: Having been advised of all the above are you now ready to proceed with the
interrogation?
JM:

Yes.

1

JHM: On August 2, 2012 you were working a 2 shift with Trooper MIANO, do you
recall a time during your shift when a subject arrived at SP Rhinebeck to report a rape?
JM:

Yes.

. JHM: Do you remember what time this happened?
JM:

It was approximately around midnight.

JHM: Who did the complainant speak with?
JM:

Urn I actually spoke with

JHM: Did the complainant. ...
JM:

'
Trooper MERGENDAHL,
myself

JHM: Di4 the complainant come in and speak with anybody?
JM:
JHM: Okay and what actions were taken at that time?

JHM: Okay and was any follow up action taken?
JM:

Yes.

JHM: Describe the events that transpired ... let me jump in here... what follow up action
was taken?

JM:

Well we had, we had a subject under arrest at the station so we had to go do an
arraignment urn went and did the arraignment did a court(lsy transport for, for that subject
• and then uh patrolled right out to
JHM:: And what's at

?

JM:
JHM: The complainant?
JM:

The complaint yes.

2

JHM: (unintelligible) Okay and when you got to
taken there?

JHM: And then what (unintelligible) then?

what actions were

.

___JHM:. --At-either- theit-residence-or-at-the-stat:ion-did-they-give you ·any-indic-atio1n5fu1i- - - ·
any of the details of the rape like who may have raped her?

JHM: On the porch at the residence?
JM:

Yeah on the front porch yeah.

JHM: And uh you didn't get to speak with her by yourself?

JHM: Did you ask him any questions about the details of the rape?

wrote down all their information, you know my contact information, Trooper MIANO's,
uh Investigator POPOW's, um cause he was -g onna be the person who had the ·calls so
then I went when we left the residence I actually contacted MIKE HOYT um you know I
called his on his phone because he was, he was working until midnight um ·s o we knew
he would probably :still be up and uh and he you know I told him pretty much what
happened, they·came to the station and we really didn't know what we had um and he just
pretty much ·said you send, send .a n email to BILL in the morning and uh and we'll, and
we'll handle it you know so that's was kinda how we left it.
JHM: Um did MIKE .say not to call BILL or anything?
JM:

{unintelligible)

JHM: Who ·s poke to MIKE on the phone?
JM:

I .spoke with MIKE on the phone.

JHM: Right and what, what were his instructions?
JM:
Ah his instructions were just advise, advise um advise BILL that you know
through, through an email that you know what, what you found out at the house kind of a
heads up, all the peoples names and contact information um and he -said you, you notified
me on the ·phone I don't think there's anything to-come out to and you know I agreed
with him because we, we didn't know what we had. We honestly had no idea you know
what we had because st
said rape butweneyergot
any-kind of story of what, what kind of transpired the night this apparently had happened.
JHM: At Rhinebeck?

JM:

Right.

JHM: Or at the house?
JM:

Right, right. We, we never -got a chance to ...

4

SLB: I want to just ask a quick question, this is Captain BROWN,

JM:.

Yes.

SLB: He was at the station?

JM:

Yes.

SLB: He was the one that first reported it?
JM:

Yes.

SLB: At the residence he didn't have any, let me ask you that, did he have any feed
back or anything·additional to offer

SLB: Hmhm.

SLB: Hmhm.

.. - - ·---··-·--- - -.---- -

5

SLB: Hmhin.

SLB: Right And the shift that you and Trooper MIANO was working was the 2 nd into
rd
the 3 ?
JM:

Yes.

JM:

Right and I think she was there more on the 3rd than .. .

SLB: Okay.
JM: It was right around midnight cause I know we .got, I know we got to the station
with the arrest at eleven.
SLB: Right
JM:

So I think it was a little after twelve when they actually came to the station.

SLB: Right. Right.
JM: Um actually when we went -t o the, I forgot this part, we went to the arraignment
um and the arraignment was .over they were making copies for the defendant I went
outside and actually called MIKE HOYT...
SLB: Yeah.
JM: And said hey just a heads up this just walked into the ·station, I really don't know
what we have you know what, what do you want me to do. Like do you want me to et
her on pa er do not want to -g et her on paper because

SLB: Hmhm.
JM: I said, he said no don't .g et her on paper just go out there and find out exactly what
you have and then call me back.

6

SLB: Hmhm.
JM:

So that's what why I ended ~p calling him back.

SLB: So you talked to MIKE a couple of times?

JM;

Yes I called MIKE twice. I was on the phone with him at the arraignment and
that was real quick just. .. .

SLB: Alright.
JM:
what do you want me get you know do you want me to put something on paper
you know and uh you know he said no just go out there and find out the story and .then
call me back. So when I called ~ back I didn't really have a story for him, I didn't
have....
SLB: Hmhm.
JM:

You know I didn't have what happened you know.

SLB: So that would have been the 3r<Li
·. JM:

Yeah

SLB: Right.

-

-- -- - - - -- ~

- - -- - -JM:_..,__
SLB: Right.

JM: : I mean he wanted nothing to do with talking to us that night.
JHM: When you called MIKE the second time, Investigator HOYT, were you still at the
scene or were you already in the car leaving?
JM:
We had just pulled out of the driveway and were, we just parked probably fifty
feet from the driveway. We actually had another call pending.
'

JHM: Now JEREMY you mentioned that it was gonna be BILLY POPOW' s case. Why
did you think that, because HOYT had just finished the c line that night (unintelligible)?

JM:
Well yeah he was, he finished the c line so we just figured he be awake. Usually
they swap the calls at three in the morning so I just assumed that MIKE had the calls until
three and I think usually the b line guy takes over the calls after three so that's why I
called him and, and the second call he just said you know POPOW's gonna have the calls
just uh email him in the morning but you know I don't see any reason to come out. I did
agreed, I greed with him there was no reason to come out.
SLB:

Right, right.

JM:

We didn't have anything you know.

SLB: And to clarify that point though, Investigator HOYT told you to call PO POW or
contact PO POW in the morning?
JM:

Yeah he said to send, he said to end an ...

SLB:

To send an email?

JM:

Yeah ..

SLB:

Okay.

JM:
just to let him know so um you know so we talked to MIKE twice on the phone,
send him an email send him an email you know probably seven in the morning probably
when we were got back from patrol.
JHM: Did you notify any other BCI members beside uh Investigator HOYT via
telephone and then the email to Investigator POPOW the next morning?
JM:

No.

JHM: Did you ever call POPOW and speak with him in person?
JM:

No .

. JHM: Did you make an SJS -entry regarding the tape at the end of your shift?
JM:

No.

JHM: Why not?

8

JM:
Um I, I really don't have a reason why I just,~ did, it was, we had a really busy
night between the arrest and then the rape and we had I think three or four other calls and
they were kind of calls that weren't just like an EID or car deer you know they were like
a missing person we had to look for, things like.~at but wn I was so focused when we
got back to the station on sending that email and AL was working on the uh Trooper
MAINO was working on the SJS from the domestic where we made the arrest so I went
through and did all the other SJS's and I just, I, it wasn~t generated cause they came to
the station.

SLB: Hmhm.
JM:

Troop didn't generate an SJS ...

SLB: Right
JM:
because they came to the station and then when I went out to their house I put it
in the computer as a follow up so that didn't generate and SJS either so I just, it just
totally .slipped. You know as soon as I sent that email to BILL I was kinda like alright I,
you know I made, I contacted him. You know I just, I just didn't do it you know.
SLB: And when
working oil that domestic?

came to the station, you guys were

· JM: · Yes we, we just....
SLB: You had a guy there un~er arrest?
JM: . Yeah we had him on the bench yeah so we were just getting ready, we actually .
had.we already had the arrangements with the judge and we were on our.way, we were,
actually getting him up off the bench, cuffing him. : ..
- - ~ -- - SLB:-Hm.hm.- --··- -

· - --- -

·· --··- - -

- ------ - - --- -- - - -

JM:
and going out the door to go to the arraignment so it was kind of like you know a
hectic time.
SLB: Hmhm.
JM:

As far as the SJS I just didn't do it. I don't know.

JHM: Um so nobody instructed you not to do ,it?
JM:

Right. No, no one instructed me not to do it.

JHM: Okay. Did you advise uh a supervisor or anyone else of the rape complaint?

9

JM:

No.

JHM: I have no further questions at this time. I don't know if Captain BROWN does?
SLB: Um just again this, this first uh going back to, to August 3rd from say after
midnight to August 3rd when, when you spoke to Investigator HOYT and uh then sent an
email to Investigator POPOW. Were you involved uh subsequent to them going, ■

JM:

Do you mean after, after I sent the email

SLB: Yeah.
JM:

did I have anything, any kind of follow up ....

SLB: Right.
JM:

with the case or....

SLB: Did anybody contact you after ...
JM:

No, no one contacted me ...

SLB:

like a week later?

JM: . No um I actually, the, the cause I put it in the end of the email, you know call me
if any questions.
S.LB: Hmhm.
JM:
Cause I just assumed they -g et it. You .know just a focal but I actually did call the
backroom.

SLB: Hmhm.

JM:

When I woke 1,1p that day cause you know just so -see how it was ~oing if they
heard anything I don't know I just..
SLB: What day was that?

JM:

Uh it was the 3rd • I woke up .. .

SLB: Okay.

10

JM:
I woke that, that probably around eleven, twelve o'clock and just called the back
room. I didn't ther.e was no one to leave a message to. I didn't call anyone's cell phone
or anything...
SLB: Okay.
JM:

I guess just being nosey or follow up or whatever.

SLB: So just_·,
twenty three hours after you gofoffi

'

JHM: So you did~'t s ~ to anybody?

JM: No I didn't talk to anybody. I didn't leave messages I just kind of called on my
own and .. .
SLB: Good.
JM:
No one picked up the back room you know at the office there. I found out later
POPOW got sent up to uh Livingston...

JM:.
or something for that DCI fire so. But that was all I just, just figured I try and
follow up on it you know but. .
JHM: I'm just curious too JEREMY you might not have the answer to this one but why
did uh HOYT tell you it was gonna be POPOW's complaint if HOYT has calls until three
in the morning obviously the complainant came in around midnight and then you guys
interviewed them at the house it was around one th¢)'... .
JM:

Was it yeah I know it was between yeah I know... .

JHM: I checked the CAD.
JM:

Okay yeah probably that was about right.

JHM: So it's still obviously um Investigator HOYT's recall time.
JM:
Right. Right um. I don't, I don't know usually, usually it is you know until three
the c line guy has the calls till three and I don't I think HOYT was going away or on
vacation ot was a pass day I don't know but. I don't know.what happened with why you
know ifit was twelve or three I don't know but we knew HOYT was up so that's why I
originally called him so. That's how it normally works til three.
JHM: Okay. I have nothing more. Is there anything you would like to add at this time?

11

JM:

No. I don't think I'm. Nothing.

JHM: It is 3:38 P.M. and that concludes the statement of Trooper JEREMY
MERGENDAHL.
I have read this statement consisting of 12 pages and it is all true to the best of my
knowledge. I have placed my initials on the bottom of each page and next to each
correction, and I signed it below.

Signature

Subscribed and sworn to before me this
_ __ __ day of
2012

Notary Public

12

~/If✓ :I/J7.f1

( .

State of New York
County of Dutchess
'rown of Pleasant.Valley

)
)
)

This is a _statement being taken from .Trooper ALBERT L. MIANO at SP Poughkeepsie,
Troop K Headquarters, Pleasant Valley, .NY, on August 21, 2012. This ·Statement is
being ·taken by Olptain SCOTT · BROWN, Lieutenant JAMES H. MURPHY
commending at 3:45 P.M.
The ietters "JHM" denotes.questions asked by Lieutenant MUPRHY.
The letters "SLB" denotes questions asked,by Captain BROWN.
~e letter "A~' denotes answers given by Trooper MIANO..
'

.

JHM:' . Trooper MIANO you were advised ·on.August 20, 2012 by Captain BROWN_of
the matt~r being investigated and.that we would be taking a stateIQent at. this time." The
· purpose of this interrogation is to inquire into your activiti(?s a~. a member of the State
' Police; specifically as it relates to a rape investigation that was reported to you on August
2, 2012. You are not the ~get of any known criminal investigation this •interrogation is
b,eing conducted pursuant to Article 16(2) of_the agreement between the State of New
York and your certified employee representative organization and the regulatjons ·o( the
New York State Police. You have the right to contact and consult with an attorney and or ·
a union delegate before being interrogated and have an attorney and or delegate present
during the interrogation. This agreement and ~e State P9lice regulations require you to
cooperate and answer truthfully questions relating 'to the investigation. Refusal to answer
or failµre to answer truthfully may result in di~ciplinary action which could result your
separation from service. Are you represented at this time ~nd if by whom?
·

so

in

- ~ - -,--- -A:- -- Uh-ye~:hY-~ -Trooper-JQHN-(JER0·and-the·uh-attomey,-um-M1:H: HKNEY:-·- - -·-

JffM: Ag~in I am Lieutenant JA:t-.:fES H. MURPHY and have:been designated by the .Superintendent to conduct this interrogation. Present during this interrogation ·are myself,
Captain SCOTT BROWN, 'trooper ALBERT L. MIANO, Trooper JOHN GERO, PBA
Union Representative and RICH MULHANY, PBA Attorney. This statement is being
mechanically recorded. Do you understand this?
· A;

Yes.
.

•

I

JHM: Having been advised Qf all the above are you·now ready to proceed wi.th this
interrogation?
·
A:

Yes.

JHM: On August 2; 2012 you were working a 2 shift with Trooper-MERGENDAHL.
you recall a time during your shift when a subject arrived at SP Rhinebeck to report a
rape?

Do

A:

Yes.

JHM: Do you !emember what time this happened?
A:
Uh not the approxim~te time just the time frame. Uh between I'd say uh midnight
and twelve fifteen, twelve twenty, in between there.

JHM: And who spoke with the complainant?
A:

Uh Trooper MERGENDAHL.

JHM: What actions were taken at the time that she arrived at the barracks?
A: .

Uh the actions was taken, uh he inquired abo:ut the age,
made an accusation of uh rape and at the time
, we had a subject under an-est for a domestic that we ·were just walking out the door to
make an arraignment and

So we made them
uh you know head home and we would call them .as soon as the arraignment was uh
finished.
·
JHM: Okay. Did they make any allegations ait the barracks at the time o'f who m~y have
raped-

JHM: Okay. Um and.was there any follow up actions -after they left the barracks?
A:

Of...

to them?

JHM: Yes.
A:
Yeah we once we were fin, we called them when we told them I think where we
were at right now. I know TrooperMERGENDAHL did was in·contact with them during
the arraignment.
-

JHM: · In contact with who?

2

A: .

The, I think the subjects and·the BCJ.

JHM: Do you know who from the,BCI he was speaking.with?

A:

Uh I believe it was Investigator MIKE HOYT.

JHM: Hmlun.

A:
And uh I think, like I said I was doing the paperwork on the other defendant. He
wa~..on the phone, he said I don't know what we really hav~.

We're enroute. And I think we had two cails pending atthe time too.
Um that we called an4 said we· were heading to a follow up~ You know we called ,
CQmr11.unicatioris and told them we were following up and.you're-gonna have to stand by
on those two complaints· apd then uh we went there.
.

.

JHM: Okay and what;transpired when you go to the residence of the uh complainants?

JHM:

3

'

we left and uh I think we handled three more, three or four more,complaints after that.

JHM: After you left did anybody advise .....
A:

Yes.

JHM: an Investigator. ..
A:

Sorry.

JHM: about what transpired?

A:
Yes. · He uh MERGENDAHL was either contacted by HOYT or be contacted
HOYT and then he spent some time explaining and the Investigator·said "should I go out.
there?"

m ·he.goes uh um you know uh, you .know I forget what he said, I
wasn't on the phone he was talking to Trooper MERGENDAHL. Ba~ically .he, he has
enough confidence that we would do the you know the -right thing with you know the
notifications besides him and then uh then uh yeah we got off you know we'd do the SJS

4

•
in the m9rning you know. We had a lot of SJS _between the doine_stic with the arrest you
know he had three Qf four SJS' s 'he needed to do and it all comes doy.,Ii to it you know
I'm the senior member and I should have you know made sure the SJS was done so that,
that coµld fall on me, we didn't do the SJS and th~t should fall on me because rm the
senior member.
JHM: Is there any reason you didn't do it?
'

A:
Just I think he was busy doing the email and that ~mail cause that email was to
Investigator POPOW because from what I understand and what we saw on the board is
after midnight you know .Investigator POPOW had the calls. Um HOYT was up and we
knew he was up after midnight and.he's the type you know he's, if you call ~im, he's up
he'll, he'll entertain your calls and we just sent him the email cause that's who had the
you know officially had the calls and I know he was doing an email and doing other SJS
while I was finishing -a DIR.and pro~sing the info from, from the domestic and I'm
going on pass so I wanted to ·make sute that \\'.as done and I totally forgot to facilitate that
SJS.
.
.

JHM: So nobody told you not to do an SJS entry did they?

A:

•

✓•

~o, 'absolutely not.

JHM< Did yoµ advise a supervisor.or.anyone else onhis·complaint?

A;

Um not, no I, just the BCI.

· ~.,•,('~
• \•;

5.

.

••,: · ,.

..,: ..,~

JHM:

A:
JHM:

-·

A·..
JHM: Sure.

JHM: .Right. ·
A:
Um that was the only thing. I mean then uh yes from top to bottom that all I can
remember. Like I said the SJS that that's you know. 'I'm .not -saying it's a minor thing
but it's my fault, I'm the senior guys I should have facilitated that and made sure it was
done. Especially he was in you know knee deep with that uh SJ, I mean uh email to the
Investigator so and it's all I cantemember.
SLB: Just to clarify, ,this is Captain BROWN, just to clarify that email Trooper
MERGENDAHL was sending to the Investi.gator·was, wa~ outlining everything he had
on this case?
A:

Yes, um you know it like I said we did not know exactly what we had.

SLB: Uhhin.
A:
Actually it was a sexual offense but we didn't know ifit was a consensual thing,
we you know we don't know like he wouldn't elaborate. He wouldn't let her elaborate.

6

SLB: \Right. My point for bringing that up is Just, just that fact that we realize there was
no SJS entry made but the fact that Trooper MERGENDAHL did in fact send an email
that outlined what you guys had on this case I just want to make that clear.
A:
Yes. Oh yeah yeah absolutely. And I think you know I spoke to um I didn't see
Investigatqr POPOW during the week cause he was on vacation but I think I saw him he
knew you know he was he had I think he inquired what we were doing with this and I
said it's funny we got a phone call and they're coming in. He goes it was like alright
great lets do tpis and they were coming in and everything we got we needed you know.
Um I mean. from a Troopers stand point I you know I the only thing I see was missed
making the notification in SJS by us,.-by my part but um yeah. That all you know I can
remember. I know we were busy, we were really busy that night.

JHM: I have no further questions. Captain BROWN do you have any further .questions?
SLB: No questions.
JHM: Is there anything else that you want to add at this point?
A:.

· Um ,nothing, not at all.

This concludes the statement of Trooper ALBERT MIANO; The time is 4:01 P.M.

I have read . this statement consisting of 7 pages and it is all true to the best of my
knowledge. I have placed my initials on the bottom of each page and next to each
corteetion,.and I signed it below,

. ·w

~

Signawre

.
W i t n e s s S ~ ~-- .
--·· - - -- -·-- - --- ·- -.- - -- - . -~Or-• - -- -- .. ------;."'/z1/JL--- --- - -· .. -·- - .
Subscribed and sworn to before me this
_ _ _ _ _ day of _ _ __ _2012·

Notary Public

. 7

,..

,

*

EwLLoSUilt. Il,

Genl. 7

NEW YORK STATE POLICE

MEMORANDUM
Troop_K_Station
Date

SP Rhinebeck

September 7, 2012

To:

Troop Commander, Troop K, Poughkeepsie, NY

From:

Trooper Jereme J. Mergendahl~

Subject:

COMPLAINT AGAINST PERSONNEL 20120375

I was advised of my rights to representation pursuant to Article 16.2 of the contract
by Captain Scott L. Brown on September 7, 2012 and submit the following account.

How did you know that Investigator Hoyt was the on duty and the recall investigator for
08/02/12? ·
- I knew Investigator MICHAEL J. HOYT was the C-line because he was at the station when I
arrived fo~ the beginning of my shift and was still at the station when I arrived with a prisoner at
approximately 11 :OOPM. I assumed Investigator HOYT was the recall investigator.
Did-you see Investfgator Hoyt at SP Rhinebeck when you returned to the station with the prisoner
at appr0ximately 11 :OOPM?
____ _ _ ______ ___
____________________ _

--- ---ye-s --- ---- -- - ------ - -- - -- - - - -

Do you know iflnvestigator Hoyt was at SP Rhinebeck at anytime between 11 :OOPM and
12:00AM?
-Yes, I saw Investigator HOYT in the patrol room while I was processing our prisoner.
Ifhe wasn't at SP Rhinebeck do you know where he was? NIA
Did you check the BCI Pers 29 to see who was working on 08/02/12?
-No
Were you aware that Investigator Hoyt was working from 4:00PM to 12:00AM?
-Yes
If Investigator Hoyt was present at the station would you have been aware of that fact?
-Yes ·

..

--Did you go into the BCI area of SP Rhinebeck between 11 :00PM and 12:00AM?
-No

If Investigator Hoyt had been at the SP Rhinebeck when the complainant arrived at the
station, would you have handled the situation any differently?
-I am unsure if Investigator HOYT was or was not at SP Rhinebeck when the complainant
llllllllarrived. I would not have handled it any differently since I did not know any of the
specifics regarding the incident
wanted to report.

11111

Why didn't you call Investigator Hoyt once the victim told you what had occurred when she was
at the station?
-Trooper ALBERT L. MIANO J.R. and I were leaving SP Rhinebeck to arraign our prisoner at
the time the complainant's came to SP Rhinebeck. Tpr. MIANO and I did not call Investigator
Hoyt at that time because we were unsure exactly what the complainant- was reporting. I
collected the complainant's contact information
·
We
advised the complainant's we would patrol to their residence as soon as we cleared the
arraignment and interview

1

If possible please provide the time(s) you contacted Investigator Hoyt by retrieving the times
from your cell phone?
-I reviewed my cell phone but can only access calls made after 09/10/12. I do not recall the exact
time I contacted Investigator HOYT.
Contents in your second email to Investigator William Popow titled "FYI'' and dated 08/12/12, "I
didn't put this in SJS either, I was waiting to see what was going to happen". This makes it sound
like_not putting the first contact in SJS is an intentional omission. Explain.
- I was informed that the complainants were going to come to SP Rhinebeck to speak with Inv.
Popow so I just wanted to let him know that if he was going to look for an SJS entry it had not
been generated yet. I only informed Inv. Popow via earlier email the morning of the incident.

uetll. I

l

..
NEW YORK STATE PO.LIC~

MEMORAND,UM ·
\

Troop.Ji._St~tion · SP Rhinebeck

-

Date----="'-===~
September 7,
2012
--,.=.;:;.~
.

To:

Troop Commander, Troop K, Poughkeepsie, NY

From: •

.Tfooper Albert L. Miano J.R. ·k...

Subject:

COMPLAINT AGAINST PERSONNEL 0375

J

'

I was advised of my rights to representation pursuant to Attide 16.2 of the contract
by Captain
Scott ' L. Brown on September
s, 2012 and- submit
the following
account.
- .
-~
.
- .

Type this list of questions (but do not nu~ber ·them) and provide
directly after each question.
·
'

aclear.and concise answer

.

\

How did you know that Investigator Hoyt was the on duty arid the recall investigator for 8/2/12?
-Investigator HOYT was at the station during the C-line, while we '(lf~re professing the prisoner
. at Sp Rhinebeck.
·
.,

Did you ~ee Investigator Hoyt at SP Rhinebeck when you returned to the station with the
prisoner at approximately 11:00pm?
-Yes
.
~ ~- --oo yoU'Rfiow if'Investigator Royt-was at-sP- Rfiine6ec'i<at ·anytime·between 11:00 PM and 1-2:00

AM?

.

~-

'

If he wasn't at SP Rhinebeck do you know where he was? N/A
'-

Did you check the BCI Pers 29 to see who was working on 8/2/12?
..No.
· Were you aware that Investigator Hqyt was working from 4:00 PM to 12:00 AM on 8/ 2/12?
-Yes. '
.

~

If Investigator Hoyt was·present at -the station would you have b~en awar;e of that fact?
-Yes.
.
.
.
Did you go into the BCI area of SP.Rhinebeck between 11:00 PM and 12:00 AM?
l'

-I do not recall. if I :went into the BO area.
'

If Investigator Hoyt had been at the SP Rhinebeck when the complainant- arrived at the
station, would you have handled the situation any differently?
-I do not remember, whether Investigator Hoyt was still at Sp Rhinebeck. I was attempting to
leave the station for a arraignment at Town of Rhinebeck court. I did not have the particulars of
the incident reported. I don't think I could have handled the situation differently.
·
Why didn't you call Investigator Hoyt once the victim told you what had occurred when she was ·
at the station?
-I was with my prisoner and did not speak directly to the Victim. I was not-involved in the
conversation with the victim at this time.

.

:

.
State of New York
County of Dutchess
Town of Pleasant Valley

)
)
)

This statement is being taken from Investigator WILLIAM POPOW at SP Poughkeepsie,
Troop K Headquarters, Pleasant Valley, NY, on September 10, 2012. This statement is
being taken by Lieutenant JAMES H. MURPHY co~encing at 12:41 P.M.
The letters "JHM" will denote questions asked by Lieutenant MUPRHY.·

•

The letter "A" will denote answers from Investigator POPOW.
JHM: Please state your name; rank, date of entry and assigned station for the record.
A:

- - - -··-

WILLIAM POPOW, January 8, 1996, SP Rhinebeck.

JHM: Investigator POPOW you were advised on August- 16, 2012 by Senior
Investigator WILLIAM GRAY of the matter being investigated and that I would
,be taking a statement at this time. The purpose of this interrogation is to inquire
into your activities as a member of the State Police, specifically as it relates to a
rape investigation that was reported to the State Police on August 2, 2012. You
are not the target of any known cJ:iminal investigation. This interrogation is being
conducted pursuant to Article 16(2) of the agreement between the State of New
York and your certified employee representative organization and the regulations
of the New York State Police. .You have a right to contact and consult with an
attorney and/or union delegate before being interrogated and to have an attorney •
and/or delegate present during the interrogation. This agreement and the State
Police regulations require you to cooperate and answer truthfully questions
relating to the inv~tigation. A refusal to answer or failure to answer truthfully
may result in disciplinary action which could result in separation from service.
-- - ·-· .Are.yo.u.represented.atthis.time_aod if.s<>J:!)DV.hQID? ____ __ , . -··- __ . _________ _.
A:

Yes by the NYSPIA delegate.

JHM: But no attorney?
A:

No.

JHM: Again I am Lieutenant JAMES H. MUPRHY ~9 have been designated by the
Superintendent to conduct this interrogation. Present during this intertogation are
myself, Investigator WILLIAM POPOW, Investigator JAMES SERAFINI,
· NYSPIA Union Representative. This statement is being mechanically recorded,
do you understand this?
A:

Yes.

1

JHM: Having been advised of all of the above are you ready to proceed with this
interrogation?
A:

Yes.

JHM: I am going to show you a copy of the SP Rhinebeck BCI Member Attendance
Record, PERS, 29, for August 3, 2012. It shows that you were working a Bline
on that date from the hours of 8:30 to 4:30 P.M. Is this document correct and are
those your initials?
A:

Yes.

JHM: With reference to th_e work schedule for that day, at what time would you have
been, uh become !he recall BCI member for SP Rhinebeck on August 3, 2012?
A:

Um the normal uh change would be 3 :00 A.M.

JHM: Um did you have any, any agreement with Investigator HOYT on August 2nd
where you would be the recrall, recall investigator starting at any other time prior
to 3:00 P.M, on August 3rd ?

A:

No.

JHM: Is this the normal time that the recall investigator responsibility changes·for SP
Rhinebeck? 3, 3:00 A.M.?
A:

3:OO·A.M., yeah, correct.

JHM: 3:00 A.M., okay. Um now I am going to · show you a copy of an email from
Trooper JEREMY MERGANDAHL to you titled "Heads Up" which was sent to
you on August 3, 2012. Do you recognize this email?
A:

Yes.

JHM: Did you send this email to anyone else or advise anyone else of this information?
A:

No.

JHM: When did you first see this email?
A:

Uh sometime during the day on August 3 rd •

JHM: Okay. Was there any reason you did not forward it to anyone else or advise
anyone else?

2

A:

Uh well the email was uh I, I had, when I, when I read the email sometime during
the 3rd I knew uh I didn't know: of the incident so I really wasn't uh know I didn't
know really what that email wa~ referring to. Uh I referenced it through SJS and
there was nothing in SJS so other than just with this email I had no other
information regarding the incident and I, I remember recalling that the uh I don't
know if the two shift that had responded to this uh had mentioned to the one shift
that Investigator HOYT has, was contacted and advised of it uh so I just uh
figured that he was uh the one that was gonna investigate it.

JHM: Okay so that would be the reason you didn't take any further action?
A:

Correct.

JHM: Um did Investigator HOYT contact you any time on the 3rd or shortly thereafter
regarding this investigation?
A:

Uhno.

JHM: And you didn't make any phone calls to anybody else about this case or the
corp.plainant for that matter?
A:

Uh no I had no phone numbers for'the -complainant and uh no I didn't.

JHM: Um my next question I think you kind of already answered, knowing you were
going on AL at the end of your shift uh were you planning on any follow up on
this investigation if any, at all?
A:

I didn't, I didn't think I was uh you know I didn't know it, other than this email I
knew nothing more uh of what had happened. Like I said I, I uh had heard that
Investigator HOYT was contacted and I figured that uh, uh there's nothing in SJS
_ ~ ________ andJ1e__gj<Jn:! r~spond to it I figured there was no action that I could have taken
that would uh havedifferenI tnen-or-liad fill)' impacnm: it you know:- -I- - ,,
figured lie was handling it.

been-any-

JHM/ Okay. So I'm ·not putting words in your mouth, you expected Investigator HOYT
to continue with t~e investigation if there was anything required?
A:

Correct, yeah.

JHM: Okay. Um do you know why Trooper MERGANDHAL states in his email "I did not put this in SJS either" oh hold on I'm sorry, I'm referring to the second email.
Trooper MERGANDAHL sent a second email to you titled "FYI" um August
12th • Are you familiar with that one?
A:

Uh yes,_yeah.

3

;"s'f.~!1

=-==-"'"""'-="""""'""""'===""""'==
"!:=""'....,-;rr:c;n;,e::~~ TC'
::::=:,e::mese
= = i.~. .

JHM: In that he says that "I didn't put this in SJS either" um, do you have any reason or
know why he says he didn't put that in either or why he didn't put the first one in
SJS?
A:

Well the second one was the day I came back from vacation, I think it was a C
line that day and what when I got this like I said I was still under the assumption
that it was Investigator HOYT's case um so I had uh came across AL MIANO
who was uh who· actually went to the original one and I asked him what this
email, the second email was in reference to and he had said
, the matter that came in on uh August
st
1 I believe it was or 2° so I uh told him to call the complainant or give me the,
her number so I could call her and her and the victim came down and that' s when
I started my investigation.

JHM: Just to clarify, did Investigator MIANO say Investigator HOYT hadn' t done
anything to that point? Is that what....
A:

Well 1, I really didn't even ask him. I didn't uh, he just, being I was a Cline, uh
he came,
I had him contact them .and
I think I ended up talking to
old her to come down to SP
Rhinebeck that· night and uh I really didn't even uh worry if Investigator HOYT
was, did anything with... .
·

(unintelligible- talking over each other)
A:

I still don't think there was anything in SJS when I pulled it up after I came back
from vacation so.

JHM: , Right. Did you contact Investigator HOYT at that point when you started
handling the investigation just to check in with him?
A:

No.

JHM: No. Um did anybody ever say to you why it wasn't in SJS even at that point?
A:

No. No.

.

.

JHM: Um referring to the first email Trooper MERGANDAHL states that he left some
:uh associated paperwork with this case for you on your desk on August 3rd • Do
you recall that or did he leave you anything?
A:

I, when I came in on, on the 3rd th~re was nothing other than all of my case folder
sbut there was no, nothing that they left me with that had any contact information
on it.
·

4

'

•

r

.

!il9/277?Qj?fWilliam fSo~

Qow.doc

=

::

=

JHM: .Okay. Um just to go back to the 3rd again, do you recall what you uh what duties
or what tasks you did on the 3 rd'?
A:

I know I came in on the 3rd uh and I had I'm not sure what I did but it was
probably like around ten or ten thirty when you had me go up t() the fire up in
Columbia County.

JHM: Right and how long did you remain U:p there?
A:

Uh I probably got back to Rhinebeck around uh three thirty quarter to four.

JHM: Alright and your shift ended at four thirty .. ..
A:

Four thirty .....

JHM: Correct? So the bulk of your shift was spent up in Columbia County.
A:

. Yes.

JHM: And where were you in Columbia County when you got assigned to the fire
detail?
A:

Where was I where?

JHM: Where'd you get assigned when you went to the fire detail?
A:

Uh the, the uh the command post up by BAC..

JHM: (unintelligible)

-

-· - - -

---· . A: .. _(unwt~IJigjp~~l th<?.Ghent, Town of Ghent.
-··. ·- - -·- . - · - · -- --~•

-

-- -

--

--♦-

--

JHM: Right.
. A:

What was your question? Where ...

JHM: Well which, there was two command posts BILL. Where did you get assigned?
A:

Right in the parking lot ofBAC, right next to the incident location.

JHM: Rjght~ okay. I don't think I have any further qµestions for you. Is there anything
else you want to add to this?
A:

· No.

JHM: Okay this concludes the interview. The time is 12:50 P.M.

5

=-

:=

JHM: It is 12:53 P.M. um we have a follow up question for Investigator POPOW
. All the rules and warnings still apply that were previously read. It's
basically a continuation of the statement. Um just to clarify, Investigator
POPOW you stated when you read the email um you assumed that Investigator
HOYT was handling the investigation, um is there any other reason that you
assumed that Investigator HOYT was-handling the investigation?
A:

Yeah I, I don't really remember if it was prior to me reading the email or after me
reading the email but I do remember uh you know troopers always come into the
office and, and, and they'll say so and so got called last night whatever so I
someone had told me that Investigator HOYT had been contacted regarding uh
what was in the email or the incident uh so I was that even made me more think
that he was uh you know assigned the case and, .and whatever he did he did you
know so I didn't think there was anything on my part to be following up on his
case so. Pretty much it.

JHM: Okay thank you for that additional information. This again concludes the
statement. It is 12:54 P.M.
I have read this statement consisting of 6 pages and it is all true to the best of my
knowledge. I have. placed my initials on the bottom of each page and next ·to each
correcti6n, and I signed it below.
·

Signature

- - - - - - - - -- -

Witness

- - - -Or- -- - - - -

Subscribed and sworn to before me this
_ _ _ _ _ day of _ _ _ _ _2012

Notary PubJic

6

4

State of New York
County of Dutchess
Town of Pleasant Valley

)
)
)

This -statement is being taken from Investigator MICHAEL HOYT at SP Poughkeepsie,
Troop K Headquarters, Pleasant Valley, NY, on September 10, 2012. This statement is
being taken by Lieutenant JAMES H. MURPHY commencing at 2:20 P .M.
The letters "JHM" will denote questions asked by Lieutenant MUPRHY.
The letter "A" will denote answers from Investigator HOYT.
JHM: Please state your name, rank, date of entry and assigned station for the record.
A:

MICHAEL J. HOYT, Investigator, October 28, 1996, SP Rhinebeck BCI.

JHM: Investigator HOYT you were advised on August 16, 2012 by Senior Investigator·
WILLIAM ORAY of the matter being investigated and that I would be taking a
statement at this time. The purpose of this interrogation is to inquire into your
activities as a member of the State Police, specifically as it relates to a rape
investigation that was reported to the State Police on August 2, 2012. You are not
the target of any known ·criminal investigation. This interrogation is being
conducted pursuant to Article 16(2) of the agreement between the State of New
York and your certified employee representative organization and the regul~tions
of the New York State Police. You have the right to contact and consult with an
attorney and/or union delegate before being interrogated and to have an attorney
and/or delegate present during the interrogation. This agreement and the State
Police regulations require you to cooperate and answer truthfully questions
relating to the investigation. A refusal to answer or failure to answer truthfully
may result in disciplinary action which could result in separation from service.
____ Ar~ _yo_l.! r_ep!"~se~ted at this time and if so by whom?

A:

Yes by JIM SERAFINI from the NYSPIA.

JHM: Again I am Lieutenant JAMES H. MUPRHY and have been designated by the
Superintendent to conduct this interrogation. Present during this interrogation are
myself, Investigator HOYT and Investigator SERAFINI, NYSPIA . Union
Representative.
This statement is being mechanically recorded, do you
understand this?
A:

Yes.

JHM: Having been advised of all of the above are you now ready to proceed with this
interrogation?
A: ·

Yes.

JHM: I'm going to show you a copy of the SP Rhinebeck BCI Member Attendance
Record, PERS 29, for August 2, 2012. It shows that you were working a Cline
- on that date and that you signed out of service at 12 M, which I'm assuming
means midnight. Is that correct and are those your initials indicating this to be
true?
.A:

Yes.

JHM: What time and when did you make this entry?
A:

The entire entry?

JHM: Yes. When did you sign ~mt?

A:

Uh.

JHM: Did you sign out actually at that time?
A: . Did I sign out when I walked out the door at that time?
JHM: Hm.
A:

I don't remember if I signed out then or the next day. I'm not sure; or when I
came to work next. Sometimes we forget sign ·out when we leave, it could have
been my next tour of duty. I couldn't say.
\

JHM: Right. That's what I was asking.
A:

Yeah.

JHM: Because you had a C line would it be· correct to assume that you· were the recall
BCI member immediately following your shift?
A:

Um not on that day no.

JHM: Why not?
· A:

I was on a Pass day the following day.

JHM: Is that standard practice that you don't have the calls once your shift ends?
A:

Yeah depending on what your shift is the next day the call times vary.

JHM: When would your uh when would your recall have ended for the 2nd?

2

A:

Midnight.

JHM: When you were done working you were done with the calls?
A:

, Yes.

JHM: Is that the normal practice for SP Rhinebeck?
A:

Yes.

JHM: Did you and invest, did you and invest, letme back up. Investigator PO POW had
the B line the next day uh what time would he have been responsible for recall?
A:

Because I was on'Pass it would have been midnight. We trade off the calls at
, midnight.

JHM: Is that the normal procedure?
A:

Yes. In less I'm the Cline the next day. It's, it's different depending on what the
Cline guy works the next day.

JHM: Hm. Um did you and Investigator POPOW have any prearranged agreement for
8/3 that would have modified or changed the time 'that the BCI recalls
responsibilities changed?
A:

That day no. No.

JHM: Uh on _t\ugust 2, 2012 were you at the barracks when Trooper MIANO and
Trooper MERGANDAHL arrived with a subject under arrest at approximately
10:50 PM?

A:

Yeah I was there while they hacfhim arrest~ yes. --

JHM: And what time did you leave Rhinebeck that night?

A:

Right around midnight. I could have been couple minutes before, it could have
been right at or a couple of minutes after; I don't, depending on what clock you
looked at I ~ess.

JHM: Um were you present when the complainant in the rape investigation arrived at
the barracks?
A:

Not the, to my knowledge no. Don't recall it. I don't remember being aware of
anyone being in the building other then the troopers and the uh, and the uh
defendant that they had.

3

JHM: Do you recall seeing any other.cars in the parking lot that didn't normally uh
would normally be there when you left for the night?
A:

No. I don't, I really didn't know what the troopers drive necessarily so it would be
hard to say.

JHM: Uh do ·you recall rece1vmg a telephone call from Trooper JEREMY
MERGANDAHL that evening um regarding a possible rape complaint?
A:

Ido.

JHM: Approximately what time did you receive this call?
A:

Shortly after 12.
(

JHM: What did Trooper MERGANDAHL tell you?
A:

He told me that uh, uh a subject had come in
report some
type of sex offense. Um that they had an arrest which I knew they had in custody
at that time and that they were scheduled to do an arraignment so that they
interviewed them briefly in the, in the lobby and that they had sent them home to,

Um so um like I said th, th,
they, I don't know y.rhere he ,called me from but they had already sent them you
know home to,

JHM: Alright. Where were you when you received the phone call?
A:

In my car. I was.driving home, I just got home. I'm not a hundred percent sure. I
remember having the conversation. It was maybe a five, ten minute conversation
so I think I remember I was driving when I initially ·got the call and I think I
arrived home while I was talking to him on the phone.

JHM: Um why didn't you respond back uh at the initial phone call?

4

A:

Well th, the way, the way it came off to me was as if it was um being report as a

find out what you have, call me back
cause I'm already awake. I mean at this point they called me I'm not gonna have
them wake somebody else up unless somebody else needs to get wakened up so I
said call me back, let me know what you have and if somebody has to come out
we, rn decide at that point if I'm gonna respond or if I'm gonna call EULLY in
and have BILLY come in". So that was the decision I made at that point.
JHM: Okay. Um were there any other follow up telephone calls after that? After the
first phone call?
A:

Yes they did· call me again.

JHM: At approximately what time?
A:

I want to say it was around 1:30.

J;HM: And 90 you recall what was said?
A:

Yeah. He told_me, they were actually surprised . ...

JHM: Who was it? Who called you?

- --- -·.,.

... -

A:

.....

____ --

..

It was MERGANDAHL

again..--·-- ..

JHM: Yut.
A:·

And they told me that uh, he told me rather, that he was surprised, he said we got
to the house

Um.and basically you know told them that's it we
don't need you any further. That's the way it was explained to me by the
Troopers the second time th.ey called me.
'
JHM: Um when Trooper MERGANDAHL told you that what, what instructions did you
give him?
A:

Um well I, I told him at that point that yeah, I asked if they needed me to respond
and at that point they said ·no there's no you know what are you going to do the
. So I instructed him at that point
email uh POPOW who was working. in the morning so that if there was any
follow up investigation that needed to be done in the morning that he could, that
he could take care of that because lwas on pPass that day.

JHM: What did you expect POPOW to do with the information?

A:

I don't know I thought maybe he would at least you know tell the boss you know ·
·and see if, if someone wanted to call up.

JHM: Did you see a copy of the email that uh Trooper MERGANDAHL sent to
Investigator POPOW?
·
·
A:

Yeah I saw one.

JHM: Um~ when did you see it?
A:

Uh it was within the last week. It wasn't sent to me.

JHM: Okay. Um do you know why they didn't send it to you too?

6

..

A:

No I don't.

JHM: Um the next day which would be the 3rd you were on Pass obviously but did you
ever call Investigator POPOW just to see what transpired?
A:

You know boss I didn't and, and I guess that's my mistake. I just assumed that,
that this would get picked up in the morning. I thought BILLy ·would read the
email, that there would be an SJS. I didn't know there was no SJS entry until like
over a week later. I thought that someone would catch on, BILL GRAY reviews
SJS every day, I thought at the very least he would see it and, and y~u know up
with it in the morning so it didn't occur to me to call and check with BILLY to
make sure. I didn't know there was any confusion about the case at all otherwise
I would.
(

JHM: Right. Did you ever tell anybody else about the complaint?
\

A:

Na. I told BILL GRAY later, at a later date because I realized it had been
overlooked or I thought it may have been overlooked at that point.

JHM: Do you remember when that was?
A:

It was uh not that week, maybe the following week ·

so.I said well do you know what, if BILLY did anything with it
and if what. He said I don't know but I referred him to BILLY: I said alright and
.I so I went to look in SJS to see if it was there and it wasn't so I went back and I
told BILL GRAY about it at that point just so he knew what was happening and
· that this guy wanted it investigated at this point.

- --- - -· · - ...

----- -·- --· · · --- . - · -·JHM: Do you know why the troopers dtdn't put it "iii S)ST

A:

I do not know boss.

JHM: Is that like a normal course of conduct for them to not put something in there and
wait for you guys to put it in later on?
A:

These are two Troopers that I trust, they do a good_ job they do thorough
interviews. Their, I; I, I'll go to ba't for them one hundred percent, I, I don't
believe that they did this one purpose, I think it was just an oversight, for
whatever reason. I don' t know why. I can't speak for that part of it. Neither one
of them has been able to tell me why they" didn't make the entry. So it, it you
know, like I said it's not something that's the normal course of conduct for either
of those Troopers that I've encountered.

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I

JHM: Right. Um if you expected Investigator POPOW to handle this do you think he
should have been advised after the initial phone call, the one that you received uh
shortly after midnight so he could hav~ the opportunity to respond?
·
A:

Well if I had it to do over yes uh, I feel like, I you know I, I fe.el like maybe now
at this p~int I should have called BILLY or called my boss but I, I kind of made a
deci~ion in the middle of the night that I really fielded the call the second time
because I didn't want him to get waken up unless someone had to be and at that
~ 1t." point I was honesty going to make a decision when they calle4 back if somebody
~6\ !-\,, I\~ ~respond1 Whether I was gonna go in myself or I was going to call BILLY
d'~ · to go in cause it was my Pass day but it didn't, at that point based on what the
troopers were telling me and what we believed it to be I didn't feel it required an
immediate response that night so in hindsight should I have called my boss and
told him about it so he would know, absolutely and should, could I have called
BILLY so he would know and this wouldn't have gotten overlooked, absolutely
and that's my bad you know um but it just didn't occur to me to do that, I, it was
my whole point to keep him from getting waken up, I'm already up.
JHM: Right.
A:

If it needs to be handled tonight, I'll handle it. .. ·

JHM: Sure
A:

and you know he could pick up with it in the morning.

JHM: Right. Uh lets see I think some of these questions you already answered but
I. .. when you returned to duty from your three day Pass on Monday, 8/6 did you
ever speak with Senior Investigator GRAY about this or check in SJS to see if
anything had been done.
A:

No. J once again, I asked one of the Troopers in passing through the week, I think
it was JEREMY, I asked him if BILLY had every gotten back to him or what
happened with the case and he said he didn't know. He hadn't received an email,
it didn't occur to me at that point to look into it so I just didn't until the, the
trooper told me
called back.

JHM: That answered my next question; did you ask Troopers MERGANDAHL or
MIANO about what became of this case? When you spoke with JEREMY you
said about (unintelligible) follow up?
A:

I'm pretty sure it was JEREMY during the week I asked him I know because he
,had said that he sent an email and I just asked, him if, if BILLY ever responded or
ifhe knew what he did if anything and he said he \\,'.asn't sure so like I said at that
point it didn't occur to me to check into it.

8

.
JHM: Um and did any time ~did you instruct the Troopers not to make an SJS entry?
A:

Absolutely not.

JHM: I don't think I have any furtherrque~tions MIKE um is there anything you wish to
add?
A:

Uh no, I don't know, I don't think so, no.

JHM: No. Okay ...
A:

Just if there was any misqommunication I maybe is there was any
miscommunication over who was on call when I , I guess that I, I'll take the credit
· for that like I, I_ take being on the calls very seriously and I know I like to be
available and answer the phone when I'm on call so I, if there's a discrepancy
there and some·one has to, to take the heat for that then please I, I'd rather that be
me.

JHM: There is a discrepancy there and that'~ really what this whole boils down to um I
know we're going off script now because I don't have any more questions for
you. But I'm told by everyone at the station, the Troopers and the Investigators
that you guys change at 3:00. You're the first one to say that when you go onto
Pass your recall time ends when your, your duty ends which ....
A:

Well if I can clarify that, usually the ~ay we do it is I work C'_s mostly so if I
work C to C we used to, you work C to B, I don't always d_o that I work C, C, C
so when we do that we made an agreement that you know I'll cover the calls till 3
in the morning and then the B line guy cause it doesn't make sense .for me to
come i]). at 5 or 6 in the morning ..... .

--- · -JHM: --Right. -

-·-· . ____ , ____ .

A:

for something when those guys are getting up to come in to work anyway so we
kind of said alright at 3 am we'll do the switch. Um if I work a B line the next
day, which someti_mes happens, I always cover the calls all night because I'm
~
-i--coming back in for the B line and we've always done it that when a guys on Pass
~ :<.1-,J um I've eve&,~~ it when guys have details the next day they put off of a C line
o~\"J .\ they'll putl~rom'.'1tb.~~ line on the calls at midnight because it's technically your
Pass day.
JHM: Where would you guy record that? Like how would the Troopers know· that if
they walked in ....
A:

I write it on the board. There a board that we write who's on call and I write if
every night. I make sure.
I

9 '

•

JHM: Where's that board located?
A:

It's right if you're in our patrol room there's two doors, there'·s. one on right hand
side, the boards right there in front of you and you write the recall, I always,
• .that's one of the things I do when I'm on the C line, always is make sure that
that's on the board so those guys know who to call.

JHM: Do you know if you did it th.e night of August 2 nd?
A:

Yeah I did. I did. Definitely.

JHM: Boy I'd like to know why uh Troopers MERGANDAHL and MIANO called you
then instead of....

A:

Because they knew I just left, they knew I was around and, and I don't have a
problem with that uh I don't mind them calling me. It's not like if, if I walk out
the door at midnight and they call me ten minutes later I'm gonna be lot hot
potato call BILLY and wake him up.

JHM: . Right.
A:

Um at that point they, they had made a decision, a judgment to tell these people
go home we'l~ deal with that we're dealing with and you know based on the
situation that was presentt:id to them that was, it was okay with me at the time um
so they made a decision to send these people home
So based on what they had told me and they said we're
gonna to back out and interview them as soon as we're done I said alright well
then since you called me, I'm awake anyway, call me when you know what you
have an~ we'll make a decision at that point if somebodies gonna respond and I
like I said I was up in the air, if they called me back and I needed to come in I
wasn't sure if I was j'qst.gonna come in and eat it or, or call BILLY.

JHM: Alright.

A:

So but when they called me back once again in hindsight I, maybe I should have
called the boss so I wouldn't be sitting here but I, I made a decision that based on
those circumstances that were reported to me at that time it didn't seem to me like
it required an immediate response and I was comfortable with that. My general
rule of thumb with the calls and the boss is if I'm coming in I'm calling so he
knows I'm out, I don't want him getting ....

·JHM: Well you should do that.

10

"

.

.J

A:

. Right ~<4 and if 1:m,ifl'm up in the air a lot of times I'll kind him. Ifl'm like I

·don't know if I should go to this, I really don' t know it's a gray one I'll call him
and ask his opinion. This one I was pretty comfortable that it didn't, that there
was nothing I could do af that point at the night that ,the troopers hadn't already
done. Um onee ·again I didn't have the benefit of 'knowing the complete
circumstances of the case at that poirit otherwise l wouid've responded or had
1,'llLLY respond.

JHM: . Alright the other big _sticking point I have with your investigation MIKE is that as
I did the investigation I :found out that the troopers were at the station, they left
the station at midnight or 12:02.. . ·
.
.
.
A:

0kay.
,·

JHM: To go out and do their arraignment ·with a, with the defendant they had there.
That means that the subject had come into the station fo complain 9f the rape case
prior to midnigh! and uh ·obviously you're not there so I was just wondering wha,
• wher~ would you have been?

A:

/

·1, I can't say that I wasn't there, I don't know. I, l don't like I said I don't know
specifically; I don't remember looking at the clock, ~ don't want to give you
~
definitiv~ answer whether I walked out at 11 :58, 12:00 or 12:02. .I, I cim't say .. vV\
that but I didn't know those peopl~ were in the lobby. I didn't hear a doo~ or I
o~/,_rfl.,4lt..,
didn' t pay attention. l could've even had the door to the patrol room~use a lot
of times I'll close the door to our office because
So a lot of times I'll close the. : ...

JHM: When you leave which door do you go out?
A;

Oh I go oµt the back door.

-----· ---- ----- -- - - - -- -

JHM: Do you
normally tell the troopers when you're leaving the building?
.
'

A:.:

'

I

Na. They were working, they were working on ail arrest, I don' t think I walked in
there to tell them I was leaving. I mean ifI haven' t spokeh to them and I'm going
home. for the night and I haven't told them who's on c~ll cause a lot,of times
. throughout the shift I'll interact with them and tell em what time I'm -on call til • .
and who's after even though it's already on the board, but· I don't remember
specifically walking in there and telling em.I w~ leaving. I know they were busy
· with something so it wasµ.'t like we were hanging out smoking and j?King so.

JHM: I mean I gotta assume we all know how it work~. If a BCI .complaint comes
walking in the door the first thing they're doing is going "hey ~vestigator
HOYT" ...

\ I

11

A:

Well you know, I, I agree with you there some Troopers would do that and once
again you have two Troopers here that, that like I feel that they're not the guys,
some Troopers .will call on the way to something "I'm going to a Burg", they
don't even know it's a Burg.

JHM: Right.
A:

Then they're on their way there. These were two guys that realty call ya when
they know what they have and tha, that's what they were trying to do I think in
this sense. You know I, this isn't a case of, of them trying to make this go away
or disappear or anything like that or minimize anythiqg so. Not in my opinion.

. JHM: Uh huh. I didn't get that impression either. I think they were just busy.
A:

Yeah.

JHM: AlrighJ um I have nothing further so if you have nothing further to add we'll
conclude ~tat this point. This concludes the interview. The time.is 2:38 P.M.
I have read this statement consisting of 12 pages and it is all true to the best of my
knowledge: I have placed ·my initials on the bottom of each page and next to each
correction, and I signed it below.
Signature_ _ _ _ _ _ _ _ _ __
Witness

- - --Or
-------

Subscribed and sworn to before me this
_ _ _ _ _ day of _ __ _ _ 2012

Notary Public

12