by Kristina Gabalski
The attorney for Norman Giancursio says he is advising his client to, “pursue every legal recourse for this unlawful arrest and prosecution,” now that Giancursio has been found not guilty by a Town of Ogden Court jury of a charge of reckless endangerment.
“The charge was not completely investigated by the Brockport Police Department,” attorney Larry Kasperek told the Suburban News and Hamlin Clarkson Herald. “It was not warranted in any way.”
Giancursio was arrested in March of this year on the charge stemming from an incident at the home of Brockport Mayor Connie Castaneda in March of 2011.
Giancursio had been accused of telling a person in the home to stay inside while there was smoke in the building in order to keep authorities from finding out about an alleged illegal apartment in the home.
“I want to thank the jury for their verdict,” Giancursio told Westside News Inc. in a written statement. “This was clearly false arrest, abuse of power and a violation of my civil rights. The perpetrators of these abuses (Brockport Police Department) should be held accountable. The harm inflicted on me by the Brockport Police Department is permanent and painful. It will be difficult for me to ever trust again a Brockport Police Officer.”
Giancursio says he was arrested for political reasons, for voicing his opinion that the village police department is an unnecessary expense for taxpayers. “My arrest was political payback and official misconduct by Chief Varrenti, who seems more concerned with keeping his powerful high-paying job than protecting the citizens of Brockport. My arrest was a crude, self-serving act of intimidation to protect his own job,” Giancursio said. “The ordeal the Brockport Police Department has inflicted on me has turned my life into a living nightmare. I incurred huge attorney’s fees, sleepless nights and enormous stress of being falsely accused.”
The Brockport Police department should be held accountable for the abuse of power and intimidation they have perpetrated against innocent citizens, Giancursio said.
He added that his victory in court is also a victory for all village residents. “The jury sent a clear message to Chief Varrenti that the people will not tolerate abuse of power by their public servants for political payback purposes. Chief Varrenti owes the citizens of Brockport a sincere apology for his lapses in judgement (or a detailed explanation of why one is not due).”
Kasperek provided Westside News Inc. with background information on testimony during the trial which took place September 27 and 28.
He said the alleged complainant in the case testified during the trial that she saw no flames in the home, but noticed a fog-like smoke.
Village Code Enforcement Officer/Fire Marshal Scott Zarnstorff testified that the police and fire departments notify him of fires in the village, Kasperek said. Zarnstorff testified he did not go to the scene of the alleged fire in 2011 nor was he notified of the incident by the police or the fire department.
Kasperek said a new furnace had been installed in the home prior to the incident and the man who installed it testified that the first burn of a new furnace typically can produce a smoke-like vapor.
Assistant Fire Chief Mike LaDue testified he responded with the fire department to a 911 call from a motorist driving by the scene who reported smoke and flames. Kasperek said LaDue testified that after a walk around the scene he found no smoke, no fire and no charring and left the scene within ten minutes, calling it a “non-event.”
Brockport Police Officer Kelly McCracken also responded to the scene and testified that she saw no smoke and no fire and never got out of her car, Kasperek said.
He added that those who testified said they never spoke to police or fire department officials the day of the incident. The alleged complainant testified she was contacted by the police chief in January of 2012 and the motorists testified they were contacted by police in July of 2012 regarding the case.
“This case should never have been tried,” Kasperek said, “the jury rejected that this was a criminal event.”
Brockport Police Chief Daniel Varrenti says all was done in accordance with the law.
“Law enforcement uses probable cause as a legal standard to make an arrest,” he said. “In this case, not only was there sufficient probable cause, but the probable cause was also reviewed by the DA’s office and there was a unilateral decision made to make the arrest.
“Additionally, a jury has a higher standard in determining the guilt or innocence of a person. They use the standard of beyond a reasonable doubt. Obviously, they felt that they couldn’t convict beyond a reasonable doubt and they found Mr. Giancursio not guilty.
“(From) the beginning of the investigation to the verdict, everything was done in accordance with the law,” Chief Varrenti continued. “I would do the same thing again tomorrow if presented with the same set of circumstances.
“Put yourself in the position of a parent and ask how you would react if your daughter was told to stay in a house that filled with smoke, regardless of the reason.
“Additionally, Mr. Giancursio has claimed this arrest was politically motivated. I believe it’s human nature for some people to formulate accusations of wrong doing, or excuses, rather than accepting the responsibilities of their own actions.”
Giancursio and Mayor Castaneda have filed paperwork stating their intent to sue the village for false arrest.
Mayor Castaneda is facing charges including official misconduct and falsifying business records. She is accused of illegally renting rooms in her home.
