Favoring Forrester

A New York Village and Town Court justice has resigned in the face of a formal complaint alleging improper intervention in the stop of his former brother-in-law.

Per the complaint

At all times pertinent to the matters herein, Kenneth Mignemi was the Police Chief, and Katelyn Sanders and David Beers were police officers, in the Village of Mt. Morris.

On or about August 19, 2016, at approximately 8:37 PM, Officer Sanders stopped a car driven by James Forrester. Ms. Davies, Mr. Davies and Ms. Lowell- Forrester were passengers in the car. Soon thereafter. Officer Beers arrived.

Upon Officer Sanders’ inquiry, Mr. Forrester acknowledged that he had consumed alcohol that evening.

Officer Sanders administered three field sobriety tests to Mr. Forrester: the gaze nystagmus” test, the “walk  and turn” test and the “one-leg stand test. Mr. Forrester failed all three tests.

Officer Sanders then administered a prescreen breath test, which indicated the presence of alcohol in excess of the legal limit, whereupon she placed Mr. Forrester under arrest.

A call was placed to respondent.

Respondent then called the cell phone of Chief Mignemi, informed him that one of his officers had stopped Mr. Forrester and had asked him to submit to a sobriety test. Respondent told Chief Mignemi that Mr. Forrester had consumed “only a couple of drinks” at a dinner event prior to the traffic stop.

 Respondent asked Chief Mignemi whether he could reach out to his officer to see if she could, in sum or substance, “give him [Mr. F arrester] a break.”

Chief Mignemi understood Respondent’s call to be a request for favorable intervention in Mr. Forrester‘s traffic stop.

Chief Mignemi thereafter called Officer Sanders and, when at first unable to reach her, then called Officer David Beers. Chief Mignemi then spoke on the phone with Officer Sanders, told her he had spoken with Respondent, told her to give Mr. Forrester “a break” and directed her to release him and have another individual drive his vehicle.

Respondent and Ms. Davies thereafter spoke, and Respondent learned that Ms. Davies did not need a ride and was being driven home by Ms. Lowell-Forrester.

(Mike Frisch)