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To
Provoke
and Unnerve
By
David King
A
small-town feud leads to claims that
state troopers bearing
grudges
are abusing their power
It
is around 4 PM on a sunny Thursday in the tiny hamlet of Freehold,
a place you likely wouldn’t notice if you were just driving
through. Two young children sit outside the entrance to the
Freehold Country Pub, scraping lines of pastel chalk across
the sidewalk. A man with a crew cut walks back and forth in
front of the bar, watching the children as they play inches
from the entrance, giggling, oblivious to the patrons stepping
around them.
Although it’s a cute scene to some, for bar owner Wayne Nelsen,
it is an ominous sight.
“It’s
very coincidental he shows up there today,” says Nelsen nervously,
watching from inside the bar. “Out of all my time here I have
never seen him . . . in front of the bar with those children
out there.”
Nelsen sits with his head in his hands. He doesn’t share the
children’s calm; in fact, he looks like he’s worried to death.
The kids and the man outside his door are not helping his
state of mind. He reluctantly tells me about the harassment
that has been set upon him by state troopers who he says want
to shut him down. According to Nelsen, the troopers have tailgated
him, run six unnecessary ID checks on customers leaving his
bar, and filed meritless harassment charges against them.
The troopers have pulled Nelsen’s daughter over four times,
and they’ve parked in front of the bar, their headlights shining
through the front windows, for 45 minutes at a time.
Nelsen claims that there’s a conspiracy designed to drive
him out of business. He says that the conspiracy is fueled
by a grudge held by one local state trooper—Patrick Cullen
(the aforementioned pacing man)—as well as, perhaps, other
powerful people in the area. Nelsen claims that Cullen and
Cullen’s wife, who live just a few doors down from Nelsen’s
bar, regularly videotape his customers. He says Cullen’s wife
has entered the bar, screaming about the horrible things that
go on inside of it, things that Nelsen says certainly do not
go on—things bad enough that if they did go on, he
wonders why the woman would let her children play in front
of the bar, as they were that afternoon.
Nelsen doesn’t want to be talking about this. It clearly hurts
him just to think about it. He says he is losing sleep, that
this feud is costing him his health. “I’m 59,” he declares.
“I’m not a young guy. I don’t need this.” He keeps logs in
marbleized notebooks of the number of times his business is
passed by trooper cars each day; he has one page with 30 passes
in two nights. He also has four pages of recorded trooper
presence covering just one day, the day after a town meeting
where he tried to pass a motion requesting reduced trooper
presence in the hamlet.
“[Higher-ups
in the state police] are calling me now, telling me they are
trying to get their police under control because they are
leaving their posts to come here and harass me,” says Nelsen.
“They have geographic posts they aren’t supposed to leave
unless there is a call for them because of an emergency. It
is not an emergency to park out front of my place and harass
my customers and stop them from coming in with their intimidation
factor.”
New York State Trooper Capt. Patrick Regan, however, insists
that although he has kept in touch with Nelsen about what
is going on, he has been “very careful not to admit anything
regarding out-of-control trooper presence. If you’re going
anywhere near there or want to go west in the county, you
take that county road.” He notes that Freehold and the Freehold
Country Store are “a logical meeting place for troopers.”
He also says a number of troopers live in the area. However,
he adds, “I don’t want to sound too much like I’m dismissing
the issue, and I’m not.”
Nelsen doesn’t buy it. “They are simply trying to intimidate
me,” he says.
Nelsen isn’t the only one who insists there is something bigger
going on. To Nelson’s friend Robert Meringolo, there is no
question that the Cullens videotape the bar’s customers. Meringolo
has videotaped the surveillance. Other residents, including
Greenville Town Supervisor Al Cardemone, and a resident who
wishes to remain nameless for fear of reprisal, say the same
thing. They say that Nelsen is no Johnny Nobody himself. His
name is on a plaque on a rock just across the street; he heads
the Freehold Beautification Project, which supporters say,
has turned Freehold from a small nondescript mess to a quaint
hamlet. He also sits on the Greenville Town Council. Cardemone
describes Nelsen as “the most popular politician in the area,
and the most selfless, too.” And as dramatic and paranoid
as Nelsen’s story might sound, it becomes easier to believe
upon watching Cullen strut back and forth in front of the
bar, sometimes for hours.
Knowing that a trooper spends time pacing in front of a bar
and videotaping its patrons, it might make you wonder if there
is something bad going on in the bar, but Capt. Regan himself
says that although the bar used to be a problem area before
Nelsen became owner, it is no longer. “My long-term issue
is to deal with the perception and potential reality of possible
harassment,” Regan says, “to rectify what amounts to a dispute
between two neighbors, one of whom happens to be a trooper.”
Meringolo claims things are not that simple.
“If
you had been there that day and saw this,” says Meringolo,
“it was a Soviet Union, Eastern Bloc sort of deal. The day
after News Channel 6 covered us, [the troopers] left their
posts and flooded the town.” Last month, WRGB-TV reported
on a town meeting where Nelsen raised the issue of police
harassment and asked for a letter of concern to be sent to
the superintendent of state police in Albany. During the meeting,
Meringolo says, a number of troopers showed up to support
Cullen. He says the next day they showed up in force in the
town of Freehold. “They drove in all around town, parked three
cars in front of the bar. Trooper Cullen marched back and
forth all day long, glaring at customers, trying to scare
them away.” Nelsen says police officials have admitted to
him that “they were out of control and came that day in retaliation.”
It’s not that Cullen does not have the right to walk down
the sidewalk of the street on which his house sits. But, as
Nelsen points out and as Regan confirms, Cullen is under Internal
Affairs investigation for a number of things, including the
harassment of Nelsen and his bar. Cullen faces two other charges
that are very likely a cause of the feud between the neighbors.
The first allegation against Cullen was brought by Nelsen
himself while he was working on the beautification project.
Nelsen explains that the committee he chaired raised around
$100,000 for the effort, which included putting in new sidewalks.
Nelsen says residents were told the old slate sidewalks were
going to be removed for later use in other projects. Then,
the morning the sidewalks were supposed to be removed, the
slate in front of Cullen’s house disappeared.
As
Nelsen tells it, “They come and say all the slate is missing
in front of Cullen’s house. When I say missing, I mean dug
out of the ground. These are 300-pound pieces of slate. Moving
them would not be a one-man operation, and we were missing
10 to 12 pieces. I think this is leading up to my problem
with him, because I know something. Somewhere between midnight
. . . well, during the wee hours, all the slate disappeared
only in front of Pat Cullen’s house. So I ask him if he knows
about the disappearance of the slate and the whereabouts.
I say it seems unlikely you would miss your slate being pulled
up; it would be noisy and take hours to do. And he was definitely
[in town]. He insisted he knew nothing about it. So I told
him I would like to report the slate stolen.”
Nelsen says that, despite his request, no report was filed.
For two and a half years, nothing was done about the slate,
but Nelsen says he was “very vocal about it.” According to
Nelsen, he later received a package of undeveloped film from
an anonymous resident. He handed the film off to Greenville
Local reporter Joan Garofalo. Nelsen claims the photos
showed what looked like the missing slate on another Cullen-owned
property on which he was building a home. Meringolo adds that
after the news broke that the slate had apparently been found,
the slate was covered up and then later crushed. Garofalo
was reportedly pulled over twice by Cullen while she was investigating
the issue
In addition to the slate issue, Nelsen called for an investigation
into illegal dumping that had been going on in Freehold. Six
tons of construction waste was found illegally dumped on land
owned by the town. The waste was found and investigated by
the state Department of Environmental Conservation. They said
they knew who the waste belonged to; however, they would not
reveal the name. Nelsen demanded a co-investigation into the
dumping and the missing slate. Nelsen and Meringolo say they
are certain that Cullen was responsible for the dumping.
Nelsen says that police representatives, including Captain
Regan and officials from Internal Affairs, have kept in touch
with him and tried to keep him from worrying. He says during
a recent visit by a representative of Internal Affairs, he
asked, “Do you know who did the illegal dumping?” He says
the representative’s response was, “Yes, we do, and so do
you.” Nelsen also says that in no uncertain terms, he was
told by Regan and representatives of Internal Affairs that
“the troopers were out of control and leaving their posts.”
“It
is not a unique situation,” says Regan. “This is an issue
about service I have addressed in many communities. We usually
get an idea about it when it is a smaller problem, but the
frustration level had built to a point that they sought channels
outside of troopers in that area.” He notes that the press
coverage has made dealing with the issue more difficult than
usual.
Saratoga Springs defense attorney Kurt Mausert agrees that
the situation is not unique. “It’s a product of training and
policy, and in counties where there is not a strong municipal
police force, no strong presence of a sheriff’s department,
and state police are on top of the food chain, the arrogance
and abuse is even worse. I often refer to them as thinking
they are God’s gift to law enforcement.”
Regan says that it is important to understand Cullen’s situation
as a state trooper having his name dragged into the public
spotlight. He says Cullen has “brought resolution to many
cases in the area,” and that besides any bad feelings as a
result of the trooper’s involvement in specific cases, there
are people who dislike troopers in general. He says having
his or her name and address published in the media is not
something any trooper would want. “I understand the level
of frustration—I wouldn’t use ‘paranoia’—the level of concern
about who is conspiring against him,” Regan says of Cullen.
Of course, Nelsen insists that the conspiracy is against him.
And that belief is reinforced by the response to press coverage
by the police and prominent members of the community. Nelsen
claims that the only reason he contacted the outside media
was because he was being ignored and dismissed by the district
attorney’s office and police contacts, including Regan. Meringolo
agrees. “Their reaction initially was to ignore us,” he states,
“but the minute media got involved, the attitude changed.”
Nelsen says that the local media have been bullied out of
covering his situation or at least covering it fairly. He
and Meringolo report that, according to their sources at the
Greenville Local, a number of prominent members of
the Freehold business community—including Ken Dudley, a county
legislator and the owner of Tip Top Furniture, and Ben Buehl,
who owns Birch Hill Enterprises—have threatened to or have
already removed their advertising from the paper because it
had been covering the charges against Cullen. Dudley defends
Cullen: He says that the trooper has had his name unfairly
dragged through the press and that everyone should wait until
the end of the investigation to report on it. However, he
says, removing his ads from the Greenville Local “was
a business decision.”
Richard Bleezarde, publisher of the Local, declined
to comment. Reporter Garofalo has since been pulled off of
the story.
Nelsen and Meringolo say that there is no reason to wait for
the end of any investigation to go to the press, because the
results of Internal Affairs investigations are not usually
made public. Regan agrees that this is generally true, but
says that he is “going to try to make an exception as specifically
as I can in this case.” He says that it is important that
the public be made aware of the outcome. Regan estimates that
the investigation will come to a conclusion in July, although
he notes that if there are more reports and more information
gathered, the investigation will continue. However, says Cardemone,
“If this was you or me who had done this, they would have
been in front of our houses with patrol cars.” Nelsen and
Meringolo say they feel there is a double standard for justice,
and that they do not have faith in police officers investigating
other police officers.
The window of the Freehold Country Store, which sits almost
directly across the street from Nelsen’s bar, the store that
Nelsen actually used to own and is now owned by Ken Dudley,
recently began displaying a yellow ribbon that reads “Support
Cullen.”
Meringolo says he suspects that Dudley’s support for Cullen
has to do with Dudley’s disdain for Nelsen, not his love for
Cullen. Nelsen explains that he was encouraged to run for
the Greenville Council on the Republican ticket but was also
invited to run as a Democrat. He says he made the decision
to run on both party lines and angered many in the Republican
Party, including Dudley. Nelsen points out that he won the
race in a landslide, taking 1,000 of the 1,200 votes. Meringolo
thinks that this was only the beginning of how Nelsen probably
angered Dudley and the other influential residents of Freehold.
According to Meringolo, Nelsen was brought onto certain council
boards in the expectation that he would help approve zoning
changes that Nelsen says “would have destroyed the town” and
would have “made a few people a lot of money.” Nelsen claims
that “one-third of the land that would have been zoned commercial
by the zoning changes was owned by Dudley.”
“I
didn’t ask for this battle,” says Nelsen, “but I can’t just
sit back while they try to destroy me. I mortgaged my house.
My life is invested in this place, and there is a conspiracy
to put me out of business.” Nelsen is asking for a
battle, however, as he has announced that he plans to force
a Republican primary between himself and Ken Dudley for a
seat on the Green County Legislature.
Nelsen says that the police officials who once were in constant
contact with him—“at least once or every other day”—have stopped
talking to him. He says it is probably because he has been
telling the press what the police officials were telling him.
But he doesn’t mind not hearing from them because, as he says,
they have not done him much good.
He adds that the general police presence has decreased (except
for one large flare-up) since he contacted the media, but
that Cullen is still harassing Nelsen’s bar and customers.
“They said ‘give us some time, and we will have these guys
under control,’ ” he says of the police supervisors. “But
they are not under control.” Nelsen notes that Cullen sat
staring from across the street while an Internal Affairs investigator
visited his bar, and that same week Cullen stood glaring at
customers with his leashed dog barking into the bar. He notes
that one customer asked to be accompanied home, because “she
was afraid what might happen.”
As I exit the bar after an interview with Nelsen, I pass by
Cullen, who is still walking his dog back and forth. I get
a little twinge of anxiety, and I wonder if spending all that
time in the bar hearing these stories of vendettas and revenge
have made me paranoid. Then a trooper vehicle passes by and
swings into the parking lot.
I walk to my car and glance at Cullen’s house. He is now on
the porch with his wife, and she is holding something toward
me. I laugh off my concern and begin to pull away. “Just one
second!” Meringolo says to me as he crosses the street. “I
just thought you should know you were just videotaped by Cullen’s
wife.”
I glance over and realize that he is right. Shaken, I pull
away. I drive by the Cullen residence and see the video camera.
Then I turn around. I park again, walk over to Cullen and
his wife, introduce myself as “David King, from Metroland
in Albany,” and ask Cullen if he would like to talk about
the situation going on between him and Nelsen. “Metroland?
What’s that?” he asks. His wife responds, “I know it,” she
says. “That’s the alternative weekly in Albany.”
I ask Cullen again if he would like to voice his side of the
story. “Not at all,” he responds. I thank him and turn to
leave. I hear Cullen’s wife shout after me something about
talking after they press charges or after they file something.
Again, I start to pull away from the parking lot, and Cullen’s
wife is at my car door.
She has decided that there is some dirt about Nelsen’s bar
she needs to share with me. “I just thought you should know,”
she says, “there is a rumor that they had a transvestite in
there the other night, and they kicked him out. That’s not
very nice, is it?”
dking@metroland.net
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