Local police records contradict PA police claim of investigations

By Pamela Chergotis CHESTER — The New York State Police and the Chester Town Police say they have no records of any investigation of former middle school principal Ernest Jackson. Why then did Pennsylvania State Police Officer Mark J. Pizzuti say in a sworn statement that they did?

The contradiction mirrors other national cases where it is unclear what, if any, investigations took place.

The background On Dec. 20, 2011, Trooper Pizzuti arrested Mary Marino of Chester for making false statements about Jackson, who lives in Milford, Pa.

Officer Pizzuti wrote that in investigating Marino's statements, he spoke to the "Town of Chester NY Police, Chester Twp. NY Police, Orange County Prosecutors Office and the New York State Police. All of these law enforcement agencies have investigated complaints made by Mary Marino against Ernest Jackson. No action was ever taken against Jackson as a result of those investigations."

Pizzuti's sworn criminal complaint was filed in the Magisterial District Court in Hawley, Pa., before District Judge Jay R. Rose.

The affidavit goes on to state that Chester Town Police Officer Janice Oppmann said that Jackson had been “looked in to” by “the school administration, the Chester Police and The New York State Police."

But the Town of Chester Police and the New York State Police say they have no record of ever investigating Ernest Jackson.

The Chester Town Police said “there were no records found" in response to Freedom of Information Law requests by The Chronicle for evidence of any investigation of Ernest Jackson.

In response to questions posed by The Chronicle about this story, Town Police Chief Daniel Doellinger wrote in an email that Officer Oppmann and Trooper Pizzuti “spoke last fall on the phone regarding Mary Marino. I do not know the specifics of the conversation.”

The New York State Police said “a search of our files failed to locate any records.”

When The Chronicle called to ask about the contradictions between what the two New York police agencies reported and the Pennsylvania State Police officer’s affidavit, Sergeant Anthony Manetta, public information officer for the Pennsylvania State Police said, “We cannot comment on a criminal investigation that’s still ongoing in order not to jeopardize the investigation.”

However, last December, Trooper Pizzuti called this newspaper's offices to tell an editor about Marino's impending arrest while the Pennsylvania investigation was still open.

The home visit case Only the Chester Village Police say they investigated Ernest Jackson in connection with a different case in 2010, in which Jackson and another school official made a controversial visit to the home of two students who were absent to see if they were really sick. In that case, Chester village police Chief Peter Graziano and Mayor Philip Valastro have repeatedly refused The Chronicle’s request for evidence that a thorough investigation occurred.

The student’s mother, Joyce Kyles, told The Chronicle last month that the village police never interviewed her.

"How can you have an investigation without the mother?" she asked.

When asked, Chief Graziano said: “Joyce Kyles was interviewed but she was not home at the time so she had no direct knowledge of the facts of the case. She was not asked to give a written statement because she wasn't present at the time of the incident. She did not wish to be the complainant at first citing a job issue, but then a day or two later, agreed to be the complainant.”

Kyles told The Chronicle that she had called the school to let them know her boys were sick but this was never checked out.

Chief Graziano also told The Chronicle that “the children's father who did not reside at the apartment was the caller in this matter and could not be the complainant.”

Patrick Slicker, a Kyles relative and a witness in the home visit case, said the police refused his request for a copy of the deposition he'd given them after the home visit incident. Slicker said the police told him they no longer had his deposition — that it was "sent out," and part of the sealed record. Chief Graziano said, “I don't see anything in the report that Mr. Slicker requested a copy of his statement so I don't know if he did or not.”

In response to Freedom of Information requests for witness statements, the Chester village police chief and mayor said the records were sealed to protect people’s privacy. When asked to provide the legal certification that the records had been sealed, the village police refused the request. Chief Graziano said, “The records did not get sealed until the District Attorney's Office reviewed the case."

The Orange County District Attorney, Francis Phillips, has also thus far failed to confirm or deny the existence of a thorough investigation, nor evidence that the records were legally sealed. In its March 1 appeal letter, The Chronicle wrote: "Because sealing must be done by the District Attorney's office, we are simply asking the District Attorney's office to confirm that a sealing instrument was issued or deny that such an event occurred." While the law does protect the privacy of the accused, "there are no privacy interests that would be violated by the Orange County District Attorney disclosing whether or not a sealing instrument was issued. In fact, such disclosure is fairly routine."