Albany Times Union

Abelove accused of stonewalli­ng

Attorney general’s staff testifies ex-district attorney, police blocked investigat­ion

- By Robert Gavin

Two members of the state attorney general’s office testified Thursday that former Rensselaer County District Attorney Joel Abelove and Troy police stonewalle­d their requests for informatio­n after the 2016 police shooting of Edson Thevenin.

Investigat­or Mitchell Paurowski, a former Troy police captain who now works in the attorney general’s special investigat­ions and prosecutio­n unit, testified that when he drove up to the scene near the Collar City Bridge on the night of April 17, 2018, Capt. Richard Sprague walked up, leaned in and said, “Let me tell you something right now — this is a clean shoot.”

Paurowski said he told Sprague, “You mind if I put the car in park first and take a look?”

Paurowski said Assistant Police Chief George Vanbramer told officers at the scene not to give him any informatio­n: “Get him out! Get him out! He gets nothing,” the assistant chief yelled, according to the witness.

The testimony came on the third day of Abelove’s perjury and official misconduct trial in Rensselaer County Court. Prosecutor­s for Attorney General Letitia James contend Abelove, 51, who served

as Rensselaer County’s top prosecutor from 2014 to 2018, rushed the case through the grand jury that cleared Sgt. Randall French of any criminal wrongdoing in Thevenin’s death.

Paurowski said he met Abelove at the scene just hours after the incident and explained that if his unit was going to investigat­e the incident, he would need informatio­n such as photograph­s, videos and documents.

“(Abelove’s) response was, ‘I don’t know what — if anything — I’m going to give you yet,’” Paurowski testified.

Two days later, Paurowski said, he hand-delivered a letter from the attorney general’s office to Abelove seeking radio transmissi­ons, any video footage, medical reports and statements of witnesses.

But once again, Abelove failed to provide informatio­n, he said. Instead, the district attorney put the case before a grand jury on April 22 — just five days after the shooting.

Paul Clyne, a former Albany County district attorney who now works as a deputy chief in Paurowski’s unit, later testified that he learned of Thevenin’s shooting when Abelove called him just hours after it happened. He said Abelove indicated French shot Thevenin after he was pinned by the dead man’s car.

Clyne testified that Abelove told him he “felt like the shooting was justified” because Thevenin’s car was a “dangerous instrument” pinning French, which under the law made him “armed” and made the case not eligible for an investigat­ion by the attorney general’s office under the language of a 2015 executive order by Gov. Andrew M. Cuomo.

“I said, ‘OK, that may be, butwehavet­otakealook­at this thing,’” Clyne testified, adding that Abelove was “very insistent” that Thevenin’s car was a dangerous weapon.

Clyne said he received a call from the attorney general’s press office informing him that the Times Union’s Brendan J. Lyons had called the office after Abelove stated at a news conference that the attorney general’s office “signed off” and relinquish­ed the case to the county. Clyne, who had been unaware of the news conference, said he called Abelove, who denied saying that.

Clyne said when he last spoke to Abelove the same day, the district attorney had made no mention of putting the case before a grand jury. He said the attorney general’s office had not received any informatio­n, let alone had enough informatio­n to decide whether it could investigat­e the killing. Clyne said he learned that the grand jury had cleared French from a news report on the radio the day it happened.

Three days after the grand jury’s decision, a letter arrived at the attorney general’s office from Abelove to Jen Sommers, deputy chief of the attorney general’s special investigat­ions and prosecutio­n unit, stating that he understood the attorney general would not want jurisdicti­on over the case but would continue to ascertain the facts.

In the letter, Abelove again cited Thevenin’s car as a dangerous instrument — and said he was “troubled” by what he described as the manner in which the attorney general’s office was using the media.

 ?? Robert Gavin / Times Union ?? Jen Sommers, deputy chief of the attorney general’s special investigat­ions and prosecutio­n unit, speaks Tuesday during the opening arguments at Joel Abelove’s perjury trial.
Robert Gavin / Times Union Jen Sommers, deputy chief of the attorney general’s special investigat­ions and prosecutio­n unit, speaks Tuesday during the opening arguments at Joel Abelove’s perjury trial.
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