NY Man Struggles Against False Arrest Allegation Despite Video

Mark Lambrych had a very unfortunate and suspect brush with the law in his community. He describes how he was assaulted, arrested, and charged as follows:
“Corrupt Video just recovered, more videos still to repair after in police custody for a false violation!

After just calling 911, A police car drives by me even though I’m flagging it down on a narrow road, he drives right past me. I approach the police car wait next to it, obviously indicated that I’m waiting to speak to the officer. INSTEAD the officer approaches me and attacks. Charges me with obstruction of governmental administration a misdemeanor. Penalty 1 year jail. The data on the phone was corrupt and shows signs of tampering and erased data.
Someone online was able to recover one corrupt video. Working on the other parts where I’m screaming in pain and it gets much worse.

The dashcam video they clam was not in the police car at the time, and records of the 911 call have been unable to obtain.

There is even more to recover. If you would like to help recover the other files feel free to download them here: https://mega.co.nz/#F!cFNT1IIb!F_ILHh94qqY9o76gGAH9vA

This event happened the 18th. of july 2013 The officer is still working, and I have a very nice picture of him to help others say clear of a similar situation.”
——————————————

“Managed to retrieve the audio track”

by Carlos Miller of PINAC

Oneida, NY — Even after Mark Lambrych recovered the footage that had been deleted after his arrest, showing a volatile deputy storming up to him and yelling “get the fuck out of here” before pouncing on him and arresting him, ordering him to “stop resisting” as Lambrych pleads that he is not resisting, his lawyer still believes he is guilty.

Guilty of video recording the cop from a public street instead of leaving as he was told. Guilty of harassing a neighbor for pointing a camera towards his home. And guilty of pretending to be a journalist when he doesn’t even work for a television station or newspaper.

But obviously you get what you pay for when you opt for a public defender in Oneida County in upstate New York, one who specializes in divorce law. Especially when your alleged “victim” is one of the most well-connected and influential men in town.

But if anybody is guilty, it is Oneida sheriff’s deputy Lee David Broniszewski for attacking him, then deleting his footage as well as for filing a false police report against Lambrych, which left him in jail for ten days on a single charge of obstructing governmental administration where he was not even allowed a single phone call to have someone bail him out.

And if anybody else is guilty it is purported victim Patsy Duggleby, a 66-year-old man who not only sits on the planning board of Vienna, a lakeside town of less than 6,000, but calls himself the “captain of the fire police,” meaning he may have been on the scene of at least two fires that led to the arrest of fellow firefighters on arson charges last year.

Duggleby, who once sat on the town’s ethics board, lied in a deposition about the events that took place on July 18, 2013, claiming that Lambrych had not only harassed him earlier that year at the scene of a house fire, which is believed to have been started by arson, but had trespassed on his property and become belligerent with the deputy on the day of his arrest.

And Lambrych’s lawyer, George Massoud, can be heard on an audio recording telling his client a number of ludicrous things like he should not have placed his hand up when the deputy was about to pounce on him, which can be seen in the :32 mark as clearly a natural reaction and not violent in any way, or that he has less rights to shoot video in public because he is not an “accredited member of the media.”

New York is a one-party consent state when it comes to recording conversations, meaning you do not have to advise the person you are talking to that you are recording, which is why we’re able to provide the clips below.

Mark’s PD (public dump) court appointed lawyer dissembles regarding tapes

Mark’s PD (public dump) lawyer misinforms him about citizen photography 

Massoud has been urging him to accept a plea deal where he would be forbidden from ever pointing a camera in the direction of Duggleby’s home, which he rejected because he never leaves home without at least two cameras and he maintains a Facebook page called Oneida Lake Campgroundswhere he is always posting photos of the area.

order

“I live within eyesight of his home,” he said in an extensive interview with Photography is Not a Crime.  ”What happens if I get a pair of Google glasses and even look in that direction?”

The problem is, he can’t afford a proper lawyer. And from the sounds of it, it doesn’t appear as if any lawyer in that town would want to go against Duggleby.

So up until now, he has been fighting this on his own, even though he is scared, confused and unsure of whom to believe (it took more than a day to persuade him to even go on the record with me).

But, Mark is strong enough not to accept his lawyer’s plea deal. And, he was smart enough to recover the video files from his camera after they finally returned it to him last month, more than seven months after his arrest.

Even when he realized the files were corrupted, he was persistent enough in finding somebody who could repair them, ending up on Reddit where more than 80 people participated in the challenge, recovering several clips, which when pieced together, prove Lambrych’s innocence. (you can see them below.)

From there, the video of his arrest went viral, but up until now, the story hasn’t been told.

Denied Access to Public Land
The problem is that Duggleby has been treating the public land across the street from his home, Fels Street to be exact, as his private property, chasing Vienna residents off when they try to use it to launch their boats into the creek. He even placed a flagpole on that land in a defiant territorial claim.

It got to the point where a small group of residents
launched a petition in the hopes to get town officials to recognize the property as public, but it only generated 11 signatures, obviously not enough to sway officials against Duggleby. Click here on Google Maps to get a better idea of the area, even though it doesn’t offer a Street View.

Screen Shot 2014-03-07 at 6.14.58 AM

The Arsons
Then there were the arsons. A whole string of them during the first part of last year that kept all the local volunteer fire departments busy.

One of these fires started at the home of Lambrych’s friend last April, which was unoccupied at the time because it is used seasonally. But, Lambrych always makes it a point to keep his eye on the home because it had been burglarized a few years earlier (by an ex-cop nonetheless), so he rode his bike up to the scene with his cameras to start taking photos.

Lambrych was chased off by firefighters and deputies, who accused him of obstructing, as he explains in an e-mail:

I stood next to some plain-clothes guy and he asked me who I was filming for, assuming I was part of a news crew as everyone does.  I told him I was filming for the owner, then the fire chief came over (I think it was the chief), asked me who I worked for I said no one. When I said this, he got into my face and touched the cameras and said he doesn’t want to be goddamn filmed and called a deputy over. The deputy grabbed and shoved my camera down.

The fire had already been put out and there didn’t appear to be much damage, so he didn’t bother sticking around, riding his bike to a friend’s house where he stayed a few hours before heading back home. That was when he noticed a white pickup truck in front of his friend’s house with the engine running and the windows fogged up.

Mark rode up to take a closer look when he met Duggleby for the first time. Duggleby immediately ordered him away, threatening to run him over with his truck. Lambrych rode away and didn’t think too much of the incident until he received a court summons a few weeks later.

Below is Duggleby’s complaint of harassment against Lambrych that led to the summons, which has since morphed into his July arrest as a single case.

Ist Incident

Less than a month after this encounter, two local firefighters, including a volunteer fire chief, were arrested on arson charges for fires unrelated to the one mentioned above. One of the men was captured in the act by a trail camera. One can understand their aversion to cameras.

There were several other fires believed to be arson, including the fire at Mark’s friend’s home, which have not been tied to the two men arrested. One has
since pleaded guilty,
admitting he started the fire while trying to steal copper wire from the residence.

“There were a lot of unusual house fires during the time,” Mark noted. “After the firemen were arrested, there haven’t been anymore I know of.”

The Arrest
On July 13, 2013, Lambrych was standing on the public strip of land  across the street from Duggleby’s home, taking photos of Fish Creek for his Facebook page, when Duggleby walked out of the house, ordering him away from the area.

One of Lambrych’s recovered videos shows Duggleby first telling him to leave the area, then telling him to “come over here” after Lambrych suggested he call the police.

Yet, when Lambrych did walk towards him, crossing the street onto the property with camera recording, Duggleby then ordered him to “Get off my fucking property!” Mark did.

Lambrych then called the local police and waited for them to respond while remaining on the public river bank across the street from Duggleby’s property. This view can be seen in one of the videos below.

Duggleby called the police too, according to his deposition (below). It alleges Lambrych wouldn’t leave the public area in front of Duggleby’s home while holding the camera. Duggleby’s wife, Mary, claimed she felt “threatened” by Lambrych’s actions in her deposition, insisting she wants “criminal action taken against Mark for coming here and filming us and scaring me”. (below)

Deputy Broniszewski arrived, he pulled up in front of Duggleby’s home and began talking to him in his front yard. Wanting to give the deputy his side of the story, Lambrych rode his bike up behind Broniszewski’s car to wait his turn.

Deputy

Oneida Sheriff’s deputy Lee David Broniszewski

Deputy Broniszewski ordered him to “get the fuck out of here,” which led to his arrest. [Standard police procedure is to separate the parties in conflict upon arriving at the scene, before questioning them independently and out of earshot from one another.]

In the ten worst days of his life, Mark was not allowed to make a phone call. He was placed in a suicide ward.

“The conditions inside were very disturbing,” he said. “The medical attention I requested fell on deaf ears.”

He still faces charges of harassment and ‘obstructing governmental administration’. He really needs a lawyer. On the bright side, he has already been in contact with the
ACLU of Syracuse, so hopefully, they will step in.

Oneida County Sheriff: (315) 765-2200.

Duggleby's depo2

Duggleby's wife depo3

Deputy's report

Mark states, “This guy yells at me on public land, then calls me over to his land and says I was trespassing and harassing him. The side of the road where he calls me from is public state land, thats my bike on the side of the road.

I called 911, and later was arrested for obstruction of governmental administration and savagely attacked by the officer. Police dashcam was visible to me, yet the police department said their was no camera in the car that day at all. The 911 call I didn’t even know it was recording on my other phone, which is good because the 911 call’s was also conveniently missing. When the officer took my phone the videos of him attacking me they seemed to have been erased some m4v files, and tampered with at a time when not in my possession was detected with software. How did I figure this, out about my phone, well I was there and the unerase software logs show dates. However the videos are damaged and i can’t recover yet.

If you can repair these .m4v files. Please let me know. here is the link. it will show the truth, a police officer attacking me, I called 911 yes, also the savage attack afterwards. An unlawful arrest and imprisonment.”

Damaged Files Link

Mark says of this 2nd video clip, “July 18, 2013 8:26pm, An assault on an innocent person and unlawful arrest by this officer? The camera’s ‘m4v’ video appears to have been tampered with. Alterations appear to have been made on July 19, 2013 prior to receiving it from the sheriffs department.”

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1 Response to NY Man Struggles Against False Arrest Allegation Despite Video

  1. admin says:

    Clearly, the video reveals the home owner (Mr. Duggleby) inviting Mark onto his property, then immediately demanding he leave. Mark does both. However, the last clip cuts short the audio to 911. If Mark had wanted that audio, he could have obtained it from Oneida’s dispatch. It’s a public record. While Mark claims the strip of land by the flagpole was ‘public’, clear indications exist it is private or being treated as private. There are boats moored, docks, lawn furniture, and in this instance, a flag pole. Public agencies don’t normally allow private citizens to place private flagpoles on public property. Moreover, even if, arguably, the strip of land Mark claims is ‘public’ IS such, a person in possession of disputed land has the right, in law, to trespass all others who do not have a superior right to it. In effect, they may claim it as their own against all others but one with a superior claim/title. It would require a court action, such as a quiet title to resolve this dispute. It’s common for people to have flower gardens and lawns along public parkways on the streets in front of their homes. An interloper may not come and, for instance, begin plucking flowers from the garden there over the objections of the homeowner. Mark was overconfident in assuming where the boundaries of his rights and that of the homeowner left off. He also should have followed the instructions of the LEO when the officer directed him to move further away. This was done to prevent an escalation of tension between the parties and to preserve the safety of the officer.

    Finally, Mark’s conversation with 911 sounds a little too cute/coy. The officer concluded Mark was looking for trouble–there were earlier conflicts between the parties, and Mark had no compelling reason to be there. He was not obligated to approach the homeowner when invited to do so, but did so as, IMO, a display of invincibility. His court appointed PD (public dump) lawyer, no doubt, could read the writing on the wall and believed Mark was unlikely to get a sympathetic judge or jury. Mark says little about being placed in the jail’s mental ward and offers no doctor’s report or diagnosis about what this was all about. i.e. It appears Mark’s story to the public is incomplete…a situation defense attorneys run into all too often. What Mark is unfortunately (for him) blissfully ignorant of here is the doctrine of legal realism: “I don’t care what the law says, just tell me who the judge is!” -Roy Cohn- His attorney, no doubt, was not so feckless.

    A good judge, given these limited facts, might well enter a restraining order against all the parties. Inviting one who is already the subject of harassment litigation onto your property is hardly the act of an innocent bystander. The Greeks believed not even the gods could protect a fool from his folly. This is a case of a bridge (or boat dock) too far.

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