CONVICTIONS OF EX-OFFICERS CHALLENGED

Attorneys Claim Evidence At Trial Was Insufficient

UTICA - Lawyers for two former Schenectady police officers asked a judge
Thursday to throw out their federal drug convictions.

The witnesses who testified against Lt. Michael F. Hamilton Jr. and Officer
Nicola Messere had little or no credibility, defense lawyers argued. They
also said that the jury was tainted by evidence that the government
presented in a failed attempt to convict the officers of racketeering charges.

"There was absolutely no evidence at this trial that Mike Hamilton intended
to aid or abet the operation of a crack house," said New York City attorney
Joseph Tacopina during a hearing before U.S. District Court Judge David N.
Hurd. "The government failed miserably in proving that there was sufficient
evidence to convict Mike Hamilton."

Prosecutors vehemently disagreed and said there is no reason to throw out
the verdicts that a jury reached in January. Hamilton was convicted of two
felonies for assisting a crack house and using a telephone to help commit a
crime. After a four-week trial, jurors found that Hamilton tipped off
police informant Darla Wharry that her 1213 First Ave. crack house was
being investigated.

"What we're here for today is to decide, in layman's terms, if the jury was
so irrational that it compels you to act," said Assistant U.S. Attorney
John M. Katko. "That they blew it so bad that you're compelled to act. I
submit to you that that didn't happen."

But Tacopina said that the trial testimony didn't support the verdict. He
said there is no evidence that Hamilton warned Wharry by phone and in
person March 8, 2000, that her house was being watched by police.

"His mission simply was to pick up a wallet," Tacopina said.

Messere was convicted of one felony drug distribution charge for giving
crack cocaine to Tina Martinez, a drug-addicted prostitute and police
informant, on July 19, 1998.

At the trial, Martinez couldn't remember when the incident took place and
said she was alone with Messere when he gave her the drugs. Her testimony,
defense lawyers argued Thursday, contradicted the version of events given
by ex-officer Michael J. Siler, who cooperated with prosecutors and
testified against Hamilton and Messere.

Siler said he was in a squad car with Messere July 19, 1998, when Messere
threw a little bag of crack cocaine on the ground near Martinez. Siler
wrote the date down in a notebook.

"This is not a matter where there was overwhelming proof. Tina Martinez was
the opposite of an informant because she hated Nick Messere," said Albany
attorney Paul DerOhannesian, who represented Messere.

"And is Siler a credible witness? He lies to the FBI after he promises not
to. He is a man who throws rocks at cars, has sex with prostitutes,"
DerOhannesian said Thursday. "A man who admitted that he dislikes Nick
Messere."

Assistant U.S. Attorney Gregory A. West said the jury has spoken and found
the prosecution's witnesses against Messere to be believable.

"The credibility of the witnesses would be the cornerstone [of the case],"
West said. "The bottom line, Judge, is that we selected 12 of our fellow
citizens to sit in that jury box and listen and . . . decide who they
believe and who they don't believe." "There's no purpose of setting aside a
verdict reached by 12 people who heard testimony over four weeks and who we
placed our trust in," West said.

Hamilton and Messere were charged with racketeering for allegedly giving
drugs to a number of other informants in exchange for help making arrests
and using their positions on the police force to accomplish this.

The jury acquitted them of those counts, but defense lawyers said the jury
heard evidence in connection with those allegations that likely biased them
against the defendants.

"What this case was about was throwing a lot of allegations out whether
they were baseless or whatever to try and sustain a [racketeering]
conviction," DerOhannesian said. "That caused spillover prejudice, and
there's a price to be paid when you do that and you can't sustain a
[racketeering] conviction."

Prosecutors said there was no "spillover prejudice" against the defendants.

Defense lawyers want the convictions thrown out and the officers acquitted
entirely or at least granted new trials. Hurd did not rule on the motions
Thursday but said he will issue written decisions "in due course."

Hamilton faces up to 24 years in prison and Messere could be sentenced to a
maximum of 20 years. They remain free pending sentencing.

Hamilton, 35, and Messere, 42, are the third and fourth Schenectady
officers convicted in connection with a federal probe into police
corruption. Siler pleaded guilty to racketeering, extortion and drug
charges last year and was sentenced to two years in federal prison earlier
this month.

Richard E. Barnett pleaded guilty to extortion and drug possession and was
sentenced earlier this month to five months in federal prison.