Background on Roxborough Rd. Investigation
The case is People v. McNair and it began in mid-March with the arrest of Christopher Charles McNair. It ended in late August when McNair was offered and accepted a plea deal to a misdemeanor drug charge with a sentence of three years probation and no jail time.
An eight-count indictment filed weeks after McNair's arrest charged him with the most serious drug charge the state allows (Criminal Possession of a Controlled Substance 1st Degree, Class 1-A Felony) and the charge exposed McNair to the possibility of twenty years in state prison.
In early August, Monroe County Court Judge Douglas Randall issued a 16-page decision (attached) that dismissed most of the charges in that indictment on the basis that Rochester Police Officers made entry into McNair's Roxborough Road home some three-hours before obtaining a search warrant. Judge Randall's decision also went so far as to state that Rochester Police Officer Ryan Hartley's testimony was "sufficiently discredited" and on multiple occasions his "credibility is called into question."
13WHAM News first learned of this case and decision in late September. We later learned in our inquiries that Officer Hartley, Police Chief Sheppard, nor any other member of the RPD were informed of Judge Randall's decision nor the outcome of the criminal matter.
By the end of that week Monroe County District Attorney Sandra Doorley stated that she disagrees with Judge Randall's decision and also said on a local radio interview that, "I almost think it is reckless and irresponsible without support in the record to call this officer a liar."
In a subsequent media statement D.A. Doorley further stated that, "it is truly regrettable that Officer Hartley's integrity or honesty was called into question regarding this matter."
The Rochester Police Locust Club union stands by their officer's actions and credibility while also expressing a desire to clear the names of these officers whose credibility has been called into question. President Mike Mazzeo tells 13WHAM News he has gone "line by line" through all the testimony and can defend each and every action of his officers. Mazzeo also said he believes the Judge’s decision shows that the case “wasn’t prosecuted correctly” and he questions why Chief Sheppard hasn’t been more publicly supportive of his officers.
On September 28th, the same day D.A. Doorley released her statement to the media and conducted that local radio interview, Rochester Police Chief James Sheppard thanked Doorley for her "support and confidence" in these officers and acknowledged that he takes "very seriously" specific questions "raised about the integrity of our officers." The RPD is now said to be conducting "a complete, fair and impartial review of this case" and will discuss with the union about releasing those findings to the community once it is complete.
Officers Hartley and Osipovitch are presently not assigned to patrol duties.
An undisputed fact remains; Officer's located inside 375 Roxborough Road, McNair's residence, more than a half-pound of cocaine with a street value of more than $10,000, drug paraphernalia used to dilute, weigh and/or package that cocaine, a 12-guage shotgun, multiple shotgun shells, and some $1,900 in cash were also seized.
