Lewd gesture by cop on cam

Castleton woman attains footage in potential lawsuit

A video clip from an Albany police officer’s body-worn camera shows another cop miming oral sex as a Castleton woman is being detained by police, footage shared with the Times Union shows.

Brittany Kilcher, who has made a slew of allegations against multiple police agencies, said she was unjustly taken into custody on a mental health call in June last year after a confrontation between her and instructors of Albany’s Citizens Police Academy.

In the video, an officer behind glass — who city police declined to identify — makes the lewd motion to another officer who was wearing a body camera as Kilcher sits handcuffed on a nearby bench. Kilcher can be heard saying, “See, clearly trying to antagonize me.”

At the time, Kilcher said she thought

officers were making fun of her for being “crazy,” but reviewing the body camera footage later, she was even more stunned.

The 25-year-old recently received a copy of the video following subpoenas ordering Albany police to release records as part of an October criminal matter. She provided the video to the Times Union.

“That was really bothersome. It’s almost scarier that he did that in a discreet manner,” she said, noting that when the officer goes behind the desk the same cop who mimed oral sex asks his colleague if he got Kilcher’s phone number.

Albany police spokesperson Steve Smith said department officials are looking into the video, which they were alerted to following a Times Union inquiry into the matter.

“We’re just learning about it, and it’s currently under review,” Smith said. “The person who we believe is on the video is an officer who is currently out on medical leave.”

Footage of Kilcher being held in protective custody comes amid an alleged police brutality incident Albany officers were involved in on March 16 that was caught on officer-worn body cameras.

Officer Luke Deer has been charged with felony assault and misdemeanor criminal misconduct, while two other officers are suspended, including Officer Matthew Seeber. Police have refused to release the name of the third officer suspended.

Kilcher in December submitted a notice of claim, the precursor to a lawsuit, against Albany alleging she was a victim of false imprisonment, false arrest, false mental health arrest, malicious prosecution, and fraudulent charges, among other accusations.

In the notice acquired by the Times Union through a Freedom of Information Law request, Kilcher alleges she was sexually harassed by an Albany officer as well as slandered and perjured by city police.

In the document, she claimed her irrational behavior that led to a separate criminal arrest by Albany police on Oct. 14 was triggered by her being drugged and brutally sexually assaulted. She was charged in that incident with two counts of felony assault for jumping on a patrol car and kicking an officer, according to the notice.

Those charges were dropped to two counts of misdemeanor assault in November.

Kilcher previously filed a lawsuit against State Police saying she suffered assault, battery and false imprisonment in a July encounter with a trooper. She alleges her First Amendment rights were violated when the trooper allegedly used excessive force, including asking assisting officers to put her in handcuffs, to stop her from recording a traffic stop after a concert at the Saratoga Performing Arts Center.

She now tells the Times Union she isn’t sure whether she’ll follow through with either lawsuit.

“The naysayers think I’m looking for a payday,” Kilcher said. “I just want to raise awareness and I want justice.”

Since filing the notice of claim against the State Police, Kilcher said she’s become a target for other law enforcement agencies, like Albany police. Two weeks after news broke that Kilcher planned to sue the state, she was arrested by city police.

Kilcher said she’s considering a plea deal that would drop the charges against her if she successfully completes a year of probation and counseling, and abides by an order of protection for an Albany cop that she claims was harassing her.

She is due in city court Friday. “Once the year is up, I’m moving very far out of this area,” Kilcher said.