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#1161193 --- 03/18/10 06:41 PM Another Bully With A Badge
wanabe Offline
Member

Registered: 03/29/07
Posts: 234
Loc: NY
He'll probably plead it down, serve no jail time and be forced to retire.


Auburn cop suspended after arrest on bribery, misconduct and 12 other charges

http://www.syracuse.com/news/index.ssf/2010/03/auburn_cop_suspended_after_arr.html

Brian K. Hutchings, 48, of 72 Metcalf Drive, is accused of abusing his power to gain benefits for himself and an unidentified business owner. Hutchings is also charged with trying to coerce the business into forgiving money he owed them by intimidating the business and issuing false traffic tickets against its truck drivers.

On one occasion in May 2008, Hutchings sprayed pepper gas into a driver’s face and whacked him behind the knees with his police baton, law enforcement officials said at a news conference today.

“It’s always a sad day when a police officer is arrested … in the line of duty. We’re holding this news conference to reassure the public that no one is above the law and that the police will police its own and that they take this seriously,’’ Cayuga County District Attorney Jon Budelmann said.

The prosecutor said it took nearly two years to bring charges against Hutchings because witnesses were afraid of him because he is a police officer.

A grand jury indicted Hutchings on Wednesday and he was arraigned on the 14 charges at 8 p.m., according to Budelmann. The media were not notified. Hutchings was released on his recognizance by County Judge Thomas Leone

Hutchings faces up to seven years in prison on the most serious of the five felony charges in the indictment -- receiving a bribe in the third degree, Budelmann said. Hutchings was also indicted on felony charges of receiving reward for official misconduct and three counts of second-degree coercion.

The bribery charge alleges that Hutchings accepted business services at his residence in exchange for police favors. He told the business he would not ticket their commercial vehicles and also told them where and when the state Department of Transportation was conducting highway inspections, according to the indictment.

The grand jury also accused Hutchings of using abusive police tactics to avoid repaying an unspecified amount of money he owed the business. He is charged with several counts of filing false traffic charges. Those tickets were eventually dismissed, according to Budelmann.

Police Chief Gary Giannotta said the investigation and arrest of Hutchings took a toll on his department.

“We all get a black eye because of this. It’s unfortunate because … it was just one officer,’’ Police Chief Gary Giannotta said.

The Post-Standard tried to contact Hutchings on a phone number listed on his voter registration record. A recording said the number was no longer in service. Auburn lawyer Samuel Giacona, who is defending Hutchings, was unavailable.

Hutchings, whose salary is $56,141, was suspended without pay for 30 days. Under civil service law, Hutchings’ pay must be reinstated after the 30-day suspension, Giannotta said.

The indictment does not include any charges related to the $30,000 to $70,000 that was reported missing from the Auburn Police Benevolent Association. Budelmann declined to comment as to whether Hutchings was questioned or will be questioned regarding the disappearance of the money. Hutchings was treasurer of the social organization before stepping down from the position last fall.

“I can’t comment on that because it’s an ongoing investigation,’’ Budelmann said.

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#1161320 --- 03/18/10 09:46 PM Re: Another Bully With A Badge [Re: wanabe]
queenbee Offline
Senior Member

Registered: 01/22/08
Posts: 1758
Loc: soul quest
HaHaHa, in SC they walk free.
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IF I DON'T MIND, IT DON'T MATTER!!

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#1161327 --- 03/18/10 09:57 PM Re: Another Bully With A Badge [Re: queenbee]
Dinky Dau Offline
Member

Registered: 01/12/09
Posts: 304
Loc: Confused
APD's Finest. Hey the dpw walked away, the chief ignored state bid laws and walked away so why not this one.

Dissolve the APD and have county take over. WHAT A DISGRACE APD IS.


Edited by Dinky Dau (03/18/10 09:57 PM)
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Charter Member: Beaughko Dinky Dau Advisory Society

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#1161331 --- 03/18/10 09:59 PM Re: Another Bully With A Badge [Re: Dinky Dau]
queenbee Offline
Senior Member

Registered: 01/22/08
Posts: 1758
Loc: soul quest
Neck in neck with SCSD.
_________________________
IF I DON'T MIND, IT DON'T MATTER!!

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#1183060 --- 05/18/10 10:18 AM Ex-Auburn Officer Charged Again [Re: queenbee]
newsman38 Offline
Senior Member

Registered: 03/21/01
Posts: 4947
Loc: Fourth Estate
Former APD officer charged with stealing money from Police Benevolent Association

AUBURN -- A former Auburn police officer was escorted by the state police out of Cayuga County Court Tuesday after he pleaded not guilty to stealing money from the department's Police Benevolent Association and receiving bribes in exchange for work and materials for his home.

According to court documents, Brian Hutchings, a former patrol officer for the Auburn Police Department, is accused of stealing more than $3,000 while working as a treasurer for the PBA. The thefts allegedly occurred between 2001 and 2008.

The PBA is a separate entity from the police union, which was not involved in the thefts.

Hutchings, 48, of 72 Metcalf Drive, is also accused of telling local businesses where state Department of Transportation checkpoints were so those businesses could either avoid the stops if their trucks would not pass inspection, or intentionally go to the stops in order to bolster their ratings in order to get DOT permits.

At the time those incidents occurred, Hutchings was a commercial vehicle enforcement officer for the police department.

Hutchings was fired from his job on April 15 due to previous bribery and coercion charges filed against him for similar actions.

In the sealed indictments released Tuesday, Hutchings is charged with third-degree receiving a bribe, second-degree receiving an award for official misconduct and nine counts of official misconduct. Hutchings is also charged with first-degree scheme to defraud, third-degree grand larceny, three counts of fourth-degree grand larceny and five counts of petit larceny.

Hutchings remains free on his own recognizance and was escorted to the state police barracks in Aurelius to be processed on the new charges.

Citizen staff report | Posted: Tuesday, May 18, 2010 10:19 am

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#1183113 --- 05/18/10 11:56 AM Re: Ex-Auburn Officer Charged Again [Re: newsman38]
Big Ben Offline
Senior Member

Registered: 05/17/10
Posts: 611
Loc: ney york,seneca
Remains free ! what a joke.
He was fired... does this mean he can no longer be an officer, pistol permits taken ?
I'd really like to know details on this thanks.
_________________________
THE TRUTH SHALL SET YOU FREE !
THAT'S WHY THEY DELETE IT.

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#1184122 --- 05/21/10 07:05 PM Re: Ex-Auburn Officer Charged Again [Re: Big Ben]
Gio Offline
Gold Member

Registered: 08/01/03
Posts: 16476
Loc: Cleveland
Very dissapointing. What the hell were you thinking Hutch?
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#1242935 --- 12/30/10 08:40 AM Re: Ex-Auburn Officer Charged Again [Re: Gio]
newsman38 Offline
Senior Member

Registered: 03/21/01
Posts: 4947
Loc: Fourth Estate
Trial of former Auburn police officer set for next week postponed until February

The trial of former Auburn police officer Brian K. Hutchings, who is charged with bribery and abusing his position for personal gain, has been postponed to Feb. 14.

Hutchings, 49, of 72 Metcalf Drive, was indicted on 14 charges, including five felonies, in March. The most serious of the alleged crimes is receiving a bribe in the third degree, a felony that could put Hutchings behind bars for up to seven years.

The trial was to start next Thursday (Jan. 6) in Cayuga County Court but was postponed to its new date because of a scheduling conflict with defense lawyer Emil Rossi, said District Attorney Jon Budelmann.

Hutchings, who was a police officer for 19 years, is accused of accepting business services at his residence in exchange for police favors.

He told the unidentified business that he would not ticket its commercial vehicles and also told them when and where the state Department of Transportation was conducting commercial vehicle inspections, according to the indictment.

In addition, Hutchings is accused of using abusive police tactics to avoid repaying an unspecified amount of money he owed to the business. According to the charges, Hutchings wrote several false traffic tickets against the business and roughed up a truck driver in 2008.

Hutchings will be tried separately on charges filed in May that allege he stole more than $3,000 from the police department’s Police Benevolent Association while he was treasurer of the organization from 2001 to 2008, Budelmann said.

Hutchings was indicted on 10 charges related to the missing PBA money. He faces an additional seven years in prison if he is convicted of felony third-degree grand larceny, the most serious of the alleged crimes.

Wednesday, December 29, 2010, 6:06 PM
Scott Rapp / The Post-Standard

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#1248911 --- 01/22/11 09:15 PM Re: Another Bully With A Badge [Re: Dinky Dau]
netgear Offline
Senior Member

Registered: 09/01/08
Posts: 848
Loc: USA
Originally Posted By: Dinky Dau
APD's Finest. Hey the dpw walked away, the chief ignored state bid laws and walked away so why not this one.

Dissolve the APD and have county take over. WHAT A DISGRACE APD IS.



Hey Dinky dau. It's like this "ÐIÊN CÁI ÐÂ`U"
aka. goofy,crazy,nut case 5 cans less a six pack etc. LOL
_________________________
Don't mess with old men...they didn't get old by being stupid.

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#1257788 --- 03/01/11 09:16 PM Bad Cop Guilty: Jury [Re: netgear]
newsman38 Offline
Senior Member

Registered: 03/21/01
Posts: 4947
Loc: Fourth Estate
Former APD officer Hutchings found guilty on all counts

AUBURN -- A former Auburn police officer could face up to seven years in prison after a Cayuga County jury found him guilty of accepting bribes in exchange for releasing confidential police information.

A jury of seven women and five men deliberated for nearly five hours Tuesday before returning a guilty verdict on five felonies, 23 misdemeanors and one violation.

The jury found that Hutchings received free or reduced prices for work done on his 72 Metcalf Drive home in Auburn in exchange for disclosing the location of state Department of Transportation commercial truck stops to two local contractors from Upstate Paving and Vitale Construction.

The jury also found that Hutchings threatened, pepper sprayed and struck Rizzo Construction driver Brian Walsh with a police baton after the driver's company refused to dismiss an $1,800 bill for work done on Hutchings' driveway.

Rizzo Construction is a sister company of Upstate Paving.

Hutchings charged Walsh with several misdemeanors and traffic violations as a result of the May 14, 2008, incident, but also asked for felony charges too, which could have sent Walsh to prison.

All of Walsh's charges were eventually dismissed after the state police finished their investigation into Hutchings.

"Most seriously, (Hutchings) put someone in danger of prison for his own ends," District Attorney Jon Budelmann said after the verdict was read. "Fortunately the jury saw that."

Budelmann said Hutchings faces up to seven years in prison if he receives the maximum sentence on the top felony counts if all the charges are run concurrently, but added he has not looked into the possibility of asking for consecutive sentences yet.

Nate Robson The Citizen AuburnPub.com | Posted: Tuesday, March 1, 2011 6:20 pm

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#1258201 --- 03/03/11 04:55 PM Re: Bad Cop Guilty: Jury [Re: newsman38]
Armoredslayer Offline
Junior Member

Registered: 03/03/11
Posts: 1
Loc: New york
I'm happy to see that the general public in Cayuga county are just as ignorant as those in Seneca County..but Seneca County's public and officials have you guys beat in both corrupt and ignorant. I've worked the court system and as a public servant for 20+ years, anyone with a ounce of intelligence knows that you could have the perfect case, perfect defense and still lose if corruption has any involvement in the case, and when you toss in the mix a group of people(jury) that does not understand the law, terms that go with such, cop haters it makes for a terrible mix. Most often do jurors not make the step and ask questions when they don't understand and rely on tv justice. Any of you backwoods people ever think Brian was innocent? Chance even but fel victim to a very messed up justice system, it happens to many of accused in this world.
I feel this guy was railroaded and hope he appeals and wins. What he's facing is not justified, having a judge announce you should have taken the plea I'll make sure you get the max now if you lose! Insane period, that alone proves this case was dirt from the start and he had no chance.
Maybe some of you jumping on the bandwagon and nuthunging cop haters should look at your own lives.

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#1258229 --- 03/03/11 06:42 PM Re: Bad Cop Guilty: Jury [Re: Armoredslayer]
Big Ben Offline
Senior Member

Registered: 05/17/10
Posts: 611
Loc: ney york,seneca
Hey there Mr Slayer... people are not Cop Haters, people hate
when cops twist the law to benefit themselves.

This guy is another failure to the allready twisted justice system.
PUNK COP , just like the few you have in Seneca County,but thats another story.

He could have plea bargained ?
_________________________
THE TRUTH SHALL SET YOU FREE !
THAT'S WHY THEY DELETE IT.

I enhance people's lives

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#1258333 --- 03/04/11 10:13 AM Re: Bad Cop Guilty: Jury [Re: Big Ben]
reilley Offline
Silver Member

Registered: 01/17/05
Posts: 11744
Loc: between here and there
He was never the same after his son was killed
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remember the smile



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#1258590 --- 03/05/11 02:30 PM Re: Bad Cop Guilty: Jury [Re: reilley]
Big Ben Offline
Senior Member

Registered: 05/17/10
Posts: 611
Loc: ney york,seneca
Sorry to hear that bout the loss ...i couldn't imagine the loss
of a child .

In this momment i grieve for the family's loss.

The fact in hand is HIS PLAN OF CORRUPTION, there is no excuse
for what he was doing.

He had trouble dealing with his loss, the last thing i would want is anybody in his position to have a badge and a gun.

Being a police officer ,he knew what he was doing was wrong,
and if he plans on useing the loss of his son as any part of his corruptive actions , i would think his department should be held accountable for not getting him proper counseling.

Well... i said what i thought,i would hope any other officers or public figures, and us "everyday people" think we are exspendable, look what you have to lose.
_________________________
THE TRUTH SHALL SET YOU FREE !
THAT'S WHY THEY DELETE IT.

I enhance people's lives

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#1258595 --- 03/05/11 02:46 PM Re: Bad Cop Guilty: Jury [Re: Big Ben]
Della Offline
Gold Member

Registered: 12/22/04
Posts: 16305
Loc: Seneca Falls
I have met him and he is a nice guy but I have to agree a loss is no excuse for this kind of behavior. We have all experienced losses but most of us don't have a trump card.
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What a shame to have to beg you to see we're not all the same

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#1258599 --- 03/05/11 03:20 PM Re: Bad Cop Guilty: Jury [Re: Della]
reilley Offline
Silver Member

Registered: 01/17/05
Posts: 11744
Loc: between here and there
I am not saying that was his excuse I don't think that was even a card that they played...Just that he really changed after that and yes he was wrong ...
_________________________
remember the smile



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#1258603 --- 03/05/11 03:48 PM Re: Bad Cop Guilty: Jury [Re: reilley]
tomwaits Offline
Member

Registered: 09/07/08
Posts: 360
Loc: BetweenMud&FlintCreek
Cayuga County jury found him guilty of accepting bribes in exchange for releasing confidential police information.
But i guess he was a real nice man .

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#1258739 --- 03/06/11 09:42 AM Re: Bad Cop Guilty: Jury [Re: tomwaits]
newsman38 Offline
Senior Member

Registered: 03/21/01
Posts: 4947
Loc: Fourth Estate
DA says prison 'appropriate' for former Auburn cop found guilty of taking bribes and misconduct

Former Auburn police officer Brian K. Hutchings, now a convicted felon, faces a much lengthier prison sentence than what was initially reported.

Hutchings, 49, of 72 Metcalf Drive, could be imprisoned up to six to 18 years after he was convicted on 29 bribery- and misconduct-related charges last week, Cayuga County District Attorney Jon Budelmann said.

The prosecutor said he had yet to decide on what his sentence recommendation would be but said some prison time would be appropriate. Hutchings, who is being held in county jail, is to be sentenced on May 3.

“I’m clearly thinking some amount of prison is appropriate given that he was going to expose this victim to prison to cover up his own misdoings,’’ Budelmann said.

“His position all along was he didn’t do anything wrong. It’s hard to argue for leniency given that,’’ he added.

Emil Rossi, who defended Hutchings during his trial, declined to comment for this story.

Sunday, March 06, 2011, 9:00 AM
Scott Rapp / The Post-Standard

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#1258766 --- 03/06/11 11:07 AM Re: Bad Cop Guilty: Jury [Re: newsman38]
Yetta Nother Offline
Gold Member

Registered: 12/26/06
Posts: 17682
Loc: Sunny and warm
This is a very unfortunate situation.....I know Hutch personally......I am sad for the loss of his child.....but his actions are pretty disturbing......what on earth were you thinking Brian? Ugh!
_________________________
Never go to a doctor whose office plants have died...

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#1258769 --- 03/06/11 11:11 AM Re: Bad Cop Guilty: Jury [Re: Armoredslayer]
0vidian Offline
Senior Member

Registered: 06/03/10
Posts: 621
Loc: Ovid NY
Originally Posted By: Armoredslayer
I'm happy to see that the general public in Cayuga county are just as ignorant as those in Seneca County..but Seneca County's public and officials have you guys beat in both corrupt and ignorant. I've worked the court system and as a public servant for 20+ years, anyone with a ounce of intelligence knows that you could have the perfect case, perfect defense and still lose if corruption has any involvement in the case, and when you toss in the mix a group of people(jury) that does not understand the law, terms that go with such, cop haters it makes for a terrible mix. Most often do jurors not make the step and ask questions when they don't understand and rely on tv justice. Any of you backwoods people ever think Brian was innocent? Chance even but fel victim to a very messed up justice system, it happens to many of accused in this world.
I feel this guy was railroaded and hope he appeals and wins. What he's facing is not justified, having a judge announce you should have taken the plea I'll make sure you get the max now if you lose! Insane period, that alone proves this case was dirt from the start and he had no chance.
Maybe some of you jumping on the bandwagon and nuthunging cop haters should look at your own lives.
If this guy isn't guilty there sure are a lot of coincidences that would lead one to an assumption of guilt over innocence.

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#1258780 --- 03/06/11 11:20 AM Re: Bad Cop Guilty: Jury [Re: 0vidian]
Yetta Nother Offline
Gold Member

Registered: 12/26/06
Posts: 17682
Loc: Sunny and warm
I personally would love for him to be innocent....but I'm reading a lot and well it would be a coincidence with all the charges and info. presented.
_________________________
Never go to a doctor whose office plants have died...

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#1258796 --- 03/06/11 01:11 PM Re: Bad Cop Guilty: Jury [Re: Yetta Nother]
tomwaits Offline
Member

Registered: 09/07/08
Posts: 360
Loc: BetweenMud&FlintCreek
Do you think he was wrongly convicted?
Hutchings was convicted of misusing his position to accept free and discounted services at his home from two Auburn contractors between 2007 and 2008.

On several occasions he tipped off the businesses as to when and where the state Department of Transportation was conducting unannounced commercial vehicle inspections. When one of the businesses tried to collect an overdue $1,800 bill from Hutchings, he threatened to write false tickets against the company.
He also roughed up one of the company’s truck drivers and filed a bogus arrest report against the driver. Had the driver been convicted of those charges he could have gone to prison.
http://www.syracuse.com/news/index.ssf/2011/03/da_says_prison.html

Another in Monroe County convicted of giving the identity of a confidential 911 caller in a drug case to card-playing friend Frank Arena, who assaulted and robbed the tipster.
http://www.democratandchronicle.com/article/20110223/NEWS01/102230351/Next-stop-Chad-Rahn-may-prison



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#1261630 --- 03/20/11 11:21 AM Bad Cop Faces More Prison Time [Re: tomwaits]
newsman38 Offline
Senior Member

Registered: 03/21/01
Posts: 4947
Loc: Fourth Estate
Former Auburn cop, now a convicted felon, faces more prison time in missing PBA money case

Brian K. Hutchings, the former Auburn police officer who is in jail awaiting sentencing on May 3, still faces the possibility of having to go to trial on charges he stole thousands of dollars from the Auburn Police Benevolent Association.

Cayuga County District Attorney Jon Budelmann said he is prepared to take the felony case to trial if it cannot be resolved beforehand.

Last May, Hutchings, 49, of 72 Metcalf Drive, was indicted on 10 charges that accused him of stealing some $3,000 from the PBA fund while he was treasurer of the social organization between 2001 and 2008. The PBA said $75,000 was missing.

Five of the indictment charges are felonies and the most serious of those crimes – third-degree grand larceny – carries a maximum prison term of two and one-third to seven years, Budelmann said.

If the case goes to trial, it would probably start in three to four months, Budelmann said.

Both PBA President Christopher White and Hutchings’ lawyer, Emil Rossi, declined to comment for this story.

Sunday, March 20, 2011, 8:57 AM
Scott Rapp / The Post-Standard

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#1277028 --- 05/26/11 07:53 PM Re: Bad Cop Faces More Prison Time [Re: newsman38]
Big Ben Offline
Senior Member

Registered: 05/17/10
Posts: 611
Loc: ney york,seneca
3 years is not enough !

How much restitution will hutch have to repay ?
_________________________
THE TRUTH SHALL SET YOU FREE !
THAT'S WHY THEY DELETE IT.

I enhance people's lives

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#1314390 --- 12/30/11 07:31 AM Re: Bad Cop Faces More Prison Time [Re: Big Ben]
wanabe Offline
Member

Registered: 03/29/07
Posts: 234
Loc: NY
Do you believe this POS any cop as dirty as Hutchings should never be given their pension. On top of that he wants the taxpayers to provide him with a lawyer.

http://www.syracuse.com/news/index.ssf/2011/12/former_auburn_police_officer_n.html

Auburn, NY -- Brian Hutchings, the former Auburn police officer now behind bars, says he was wrongfully fired by the city and is seeking more than a year’s back pay and more job service credit so he can start drawing on his pension.

Hutchings, through his union lawyer, has filed a motion asking visiting State Supreme Court Justice William Polito to set aside an arbitrator’s ruling that upheld the city’s dismissal of Hutchings on April 16, 2010. Both sides are to appear before Polito on Jan. 10.

In court papers, Hutchings asked for a new arbitration hearing and is seeking up to 54 weeks of back pay and nearly four additional months of job service credit that would give him 20 years of service.

Auburn police officers can immediately draw on their pensions – typically half their annual pay averaged over their last three years-- once they complete 20 years on the job. Hutchings’ yearly salary was $56,141 when he was fired.

If he loses his court case, Hutchings could start collecting his pension in his late 50s.

Andrew Fusco, the city’s corporation counsel, said Auburn followed disciplinary terms of its collective bargaining agreement with the police union when it fired Hutchings after he was arrested on March 17, 2010. Hutchings was convicted of 29 bribery- and misconduct-related charges last March and is serving one to three years in prison.
“We feel he is not entitled to one additional penny, not one red cent, and we will fight this as hard as we can,’’ Fusco said.

Ennio Corsi, the union lawyer, declined comment. In his court motion, Corsi said the city failed to follow the union contract’s disciplinary procedure when it dismissed Hutchings, now 50, formerly of 72 Metcalf Drive.

Under that agreement, the city could only suspend Hutchings for one month without pay, according to Corsi’s motion. Hutchings was entitled to then be reinstated until the conclusion of a hearing before an arbitrator, Corsi said.

Fusco said the city followed proper disciplinary procedure in the firing of Hutchings. The city first suspended Hutchings without pay on March 17, 2010, and then fired him a month later after his case was reviewed by former City Manager Mark Palesh.

Last May arbitrator Samuel Cugalj conducted a review hearing and on Aug. 5 upheld the city’s decision to fire Hutchings.

Corsi said in his motion that Cugalj exceeded his powers in making his ruling and asked for a new hearing before a different arbitrator. Hutchings is seeking back pay from the date of his firing to last May’s hearing before Cugalj or to last March 1 when he was found guilty of five felony crimes in the bribery- and misconduct case.

Tim Cottrell, president of Auburn Police Local 195, said he believes Hutchings is entitled to the hearing but not to receiving his pension. “I feel if a police officer commits a felony he shouldn’t get his pension,’’ Cottrell said.

Hutchings has more legal problems ahead of him. He is accused of stealing thousands of dollars from the Auburn Police Benevolent Association while he served as treasurer of that social organization. The PBA said some $75,000 was taken. A trial date had yet to be set.

Contact Scott Rapp at srapp@syracuse.com or 289-4839.

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#1314489 --- 12/30/11 03:22 PM Re: Bad Cop Faces More Prison Time [Re: wanabe]
DeadDave Offline
Senior Member

Registered: 01/01/11
Posts: 593
Loc: 6 feet under
They had one windmill turning today. I drove by it today and it blew about a pounds of rust off my old 78 F250 pick-up.

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