Sept 15, 2009 Post Free Legal Advice to Officer Osterhought

Posted on January 3, 2011

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Here again is another communication between me and the Kingston Police Department that I thought I would share with our Ward 9 members.   If any of you were among those who complained to me about footballs hitting your car and inability to use Levan Street Saturday, please feel free to join right in.   Once again, a Kingston Police Officer used his rank to harass senior taxpayers while allowing persons from out of town to break the law for six hours.
What KPD Officer Osterterhoudt Does Not Know‏
From: Offline Lei Isaacs (isaacslei@hotmail.com)
Sent: Tue 9/15/09 2:12 PM
To: Chief Keller (gkeller@ci.kingston.ny.us); Sheriff Ryqan (dryn@co.ulster.ny.us); lrmccauley@mac.com; Mike Madsen (madsenmike@aol.com); Rebecca Martin (rebbytunes@earthlink.net)
Dear KPD Chief Keller:
    Yesterday, instead of volenteering at Catholic Charities or planting my snow peas I spent the day doing a little research on whether Kingston Police Officer Step 6  Edward Osterhoudt was correct in his decision that it is legal for 30 teen age boys who are not even residents of the City of Kingston to deprive two blocks of Kingston Taxpayers access to their homes and cars for six hours on Saturday.   I would like to share my findings with you, selected members of my e-dress list, aqnd, of course, the “Little Blog That Nobody Reads” over at Googlegroups, RAW9Kingston, NY.
     First, I would like to abundently thank Rebecca Martin for turning me on to E-dodes, that enabled me to do some of my research without adding to the overcrowding at the Kingston City Library.
        I checked at Kingston City Hall to see what is necessary to close a Kingston City Street for 6 hours.  i was told that the mayor’s office would need to issue a proclamation.   I learneed that no proclamation had been issued for Levan Street last Saturday.   The clerk was uncertqain as to whether insurence would be needeed, but I think it would be.   This was one of the factors causing the cancelllation of the Mardi Gras Parade last spring that would have closed a Kingston City Street for 15 minutes (not 6 hours)–thehigh cost of insuring against injury or damages and the cost of overtime to the police department.   I could only conclude from this that the effective closure of two blocks of Levan Street last Saturdeay between the hours of 10 a.m. and 4 p.m. occurred outside the law.
     While i was there with my steno pad (thank you, Catholic Charities)  I ascetained (yet again, I did this same research last December) that Police Officer E. Osterhoudt is a Step 6 police officer.  His regular pay is $56,882 a year, to which is added $2,560 in longevity pay, $16,118 in medical benefits, and $1415 in dental benefits for a total of $89,963.   This is actually considerably LESS than some Step 6 Police Officers are getting, which is probably why he made the comment to me while I was chained to his police car in December, that I wasn’t paying him enough.
    I, by contrast, am living on $118 a week unemployment, and I pay in the vicinity of $5000 a year in property taxes. I have no medical insurence, I have no dental insurence, and I have an absessed tooth that has me looking like a damn chipmunk and no money to have it cared for.   However, I do have thirty punks tumbling through my yard after a football.  I also, with a high school education, know where to find E.Code and the McKinney law books.   Apparently Officer Osterhudt does not, or he wouldn’t have fist bumped those out of town thugs and said “Game’s On” which was witnessed by a very ticked off Betty Royal from her living room window.   Shame she didn’t have her camera.  That omission has been corrected.
        My computer does not have that symbol with the cute little interlocking s’s, so I will use “ss” instead of that symbol in refering to relevant sections of the McKinney’s  In ss140.10 item 7 it was noted in the precidents that “Unreasonably interfering with ingress and egress…and defying a lawful order (mine) from an authorized person not to remain in the area was sufficient to sustain conditons of trespassing in the third degree.”
ss140.12 of the Penal Code holds that…”Element of burglery or any lesser included tresspass charge that one must knowingly  enter or remain illegally on premises is established when a person so enters or remains when he is aware he is not licensed or privileged.”   (My home is surrounded by a four foot high chain link fence and is posted.)
SS140.5 pENAL cODE   …..when lands are posted as provided by CEAss11-211 no person is to trespass thereon for any purpose whatsoever without permission of the owner.
ss140.10 of the Penal Code  A person is guilty of criminal tresspass in the third degree when he knowingly….enters upon real property which is fenced or  or otherwise enclosed in a manner designed to exclude intruders.
    Chapter 195-1 of General Legislation of the Code of the City of Kingston  Any person  who shall within the city of Kihngston by any offense or or disorderly act or language annoy or interfere with any….persons in any place or with the passengers of any public conveyance, or who shall disturb or offend the occupants of any conveyance by any disorderly qact or lqanguqage…or qany person who willfully and wronglycommits any acty whiuch seriously disturrbs or or endangers the public peace or whichopenly outrages public decency…or shall make unusual noise or or disturbance of the public peace and quiet or who shall…alone or with others use public ways …to pass or repass, lounge or loiter about staying upon or occupying the sidewalks…infront of or long any premises or building, public or privqate, not owned by such person and who shall refuse to….to pass along or disperse or who shall be  found engaged in throwing….missles thereby endangering persons or property, or who shall maliciously injure any  street or public lampost, post, pole…in any street is guilty of the crime of of disorderly conduct.”
    (Don’t blame that sentence on me–I left a lot out, it was qa full page long, all one sentence.)
     Apparently our police officers hqave not been acquainted with the Penal law of the state of New York and the Charter of the City of Kingston.    These youths were clearly in violation of all the laws I have stated here, but since Officer Osterhoudt failed to get any of their names or the organization whose outfit they were wearing, finding them now is almost impossible.   I am going to be ready this Saturday in case they come back.   Instead of being at the Drum Boogie or the Works on Water exhibitions, or shopping for a World War II vet without food in Penn Gardens, I’ll be aiming my digital camer and my BB gun on Levan Street to catch tese youths in the act…and this time, I’M CALLING THE SHERIFF’S DEPARTMENT not the Kingston City POolice.   And now to go back to the library and see what I can find about maliciously bliocking traffic on one of the streets used as egress by Benedictine Hospital….
   Leaving with the sincere admonition that due to Officer Osterhoudt’s lkack of knowlege of the laws I am hiring him to enforce, his expressed dissatisfaction with his poay rate, and the dangerous advice he gave an 86 year old disabled woman to open her door at four in the morning to an unknown intruder ringing her doorbell, thaqt he should be place in some position within the department where his skills and abilities can be constructively utilized.  Sitting at a desk pounching holes in notebook paper comes to mind.   Or in the parking lot polishing the chrome on the police cars.    Anywhere where he is NOT dealing with and advising the public.
     And in closing, since he finds nothing illegal in having a football game blocking a public street for six hours. I will suggest this Saturday that the youths take their game to the Police Dept parking lot.  Maybe a few footballs off the windshield of a squad car will educate the officers.   Or mqaybe they ought to go to East Chester Street and play there, I notice a lot of Osterhoudts live in that area who might enjoy watching their property be sacked.
      Sincerely
Lei iSAACS
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