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Attica board tells residents to bring complaints about police to chief

Published:November 19, 2009, 7:07 AM

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Updated: August 21, 2010, 3:11 AM

ATTICA — Village Board members said if residents have evidence of wrongdoing by a village police officer, they should go to the police chief, and then to the board.

But that was little comfort to a 20-year-old college student, who appealed to the board Wednesday night to rein in the police.

Bianca Hervey said police arrested her on traffic charges, and when she was upset that she might go to jail, they told her of a way to get out of her traffic charges: She could become a confidential drug informant for them, even though she told them she does not do drugs.

Another man has said police offered to make his traffic charges disappear if he went undercover and bought drugs. But after making one buy, they asked him to buy more.

Hervey’s father stepped in and voided the agreement she made with police.

“To scare me with jail and send me into the drug world . . .,” Hervey said during a public comment session of the board meeting. “Could I have gone to jail for a seat belt ticket?”

She said now she is afraid to call the police if she is faced with an emergency.

“I should never feel I can’t go to the cops,” she said. “In a real emergency, who do I call?”

One board member told her to call the Wyoming County sheriff.

Mayor William P. Lepsch and other board members defended the Police Department. “As far as I’m aware, there’s been no violation of policy,” Lepsch said. “What would you have this board do?”

“Stop protecting the officers,” Hervey replied.

Lepsch said Officer Christopher Graham, who arrested Hervey, has rights as an employee and constitutional rights.

“It’s nobody’s business if an employee has been disciplined or talked to but the board’s,” Village Trustee John Perry said.

Longtime village resident Kirk McWhorter asked the board how residents could change the policy of the village Police Department. He was told the Village Board would take complaints about the department.

“I don’t think anyone is saying the Police Department is outside the realm of the law,” McWhorter said. “There are certain things going on not everybody is happy with.”

He told The Buffalo News outside the meeting room that he was concerned about speaking out, for fear he might be targeted by police.

“I’ve lived in this town my entire life,” he said, adding that he had never had trouble until recently, when he has seen and heard an officer targeting residents. “I’m scared to drive in this town.”

He said it appears residents must appeal to the state to take action to prohibit this type of recruitment, “so this type of thing doesn’t happen again and people aren’t put in danger.”

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