LEGAL STEP BY INJURED OFFICER

Albany Cop Shot in Hand During Drug Raid Files Claim Against Sheriff's
Department

ALBANY -- An Albany detective who was severely injured when he was
shot by a sheriff's investigator during a bungled arrest two months
ago has filed a claim against the Sheriff's Department accusing the
agency of negligently running a "loosely organized" operation with
improper training and supervision.

The claim by Detective Jeffrey Connery was filed on Thursday
afternoon. It identifies Albany County and Sheriff James L. Campbell
as defendants. At the time of the shooting, Connery was temporarily
assigned to a drug task force headed by John Burke, the sheriff's Drug
Interdiction Unit coordinator.

Earlier this week, Campbell said he concluded the shooting was
accidental and that no one in his agency would face discipline. The
sheriff said he made the determination even though internal affairs
investigators have not interviewed either Connery or Burke. Campbell
said he chose to personally interview Burke.

The Times Union, citing Albany police sources who are not authorized
to talk about the case, on Thursday reported that an internal
investigation conducted by the Sheriff's Department determined there
were several policy violations and the incident could have been
prevented. Some of the same policy breakdowns cited in the newspaper's
report also are raised in the claim, which is a precursor to a lawsuit.

The claim accuses the sheriff's Drug Interdiction Unit of incompetent
police work and of having "loosely organized a law enforcement drug
interdiction operation in Berne ... with no planning, no instruction
for the circumstances, insufficient law enforcement personnel,
insufficient equipment, insufficient training and supervision."

Connery's attorney, Kevin A. Luibrand, declined to
comment.

Campbell, citing the lawsuit, declined comment on behalf of the
county.

The Sept. 6 incident took place as Connery and two sheriff's
investigators went into dense woods off Beaver Road in Berne to cut
down marijuana plants. The group, which Burke supervises as the
county's Drug Interdiction Unit coordinator, lacked an action plan and
not all the officers were carrying handguns or handcuffs, according to
previous statements from police officials.

The group was surprised to find Kevin P. O'Reilly, 38, a parolee from
Greene County, hiding in a small shack near where more than 100
marijuana plants were growing. The police officers, who were wearing
camouflage clothing, ordered O'Reilly from the shack but had to use
his shoelaces to bind his wrists because no one had handcuffs.

"They improvised as best they could," Campbell said in an interview
earlier this week. "They had been there in the past numerous times and
there was no one there. They went in and left the cuffs in the car.
. I've talked to Inspector Burke that in the future make sure that
they take all of their gear with them."

O'Reilly told investigators he was uncertain the plainclothes officers
were police and broke free and ran. His large dog attacked Connery
when the detective tackled the suspect, according to police officials.

Sheriff's Investigator Carmen Frangella, who was carrying a machete
but not a gun, grabbed a third investigator's handgun and shot the dog
twice, wounding Connery in the process.

Albany police officials and Campbell have said Frangella did the right
thing under the circumstances.

Connery, who is righthanded, had his right thumb nearly blown off by
the .40-caliber bullet. His return to duty is uncertain, police
officials said.

The claim by Connery also was filed on behalf of his wife and two
children. It states he sustained a "near-severed hand with severe and
permanent injuries to his hand and thumb requiring multiple
reconstructive surgeries." Connery may lose $1.5 million in wages and
$1 million in retirement, and could face medical expenses exceeding
$300,000 from what is described as a "permanent disability," according
to the claim.