Council awaits decision on charges against Breen [The Daily Star, Oneonta, N.Y.]

Nov. 29--ONEONTA -- There has been no resolution yet in the city's internal hearing for an Oneonta police officer who allegedly used excessive force during the arrest of a motorist last winter.

The Common Council continues to await the results of a hearing conducted by an outside hearing officer Thomas Rinaldo, Personnel Director Kathy Wolverton said.

"There is no statutory time limit," Wolverton said Monday.

Bradford Shanks, then 39, of Oneonta, told The Daily Star in February that after a Jan. 28 traffic stop on Market Street, he was put in a headlock by patrolman Michael Breen, then 24, and punched.

Shanks, who was charged that day with third-degree aggravated unlicensed operation, resisting arrest, second-degree harassment and unlawful possession of marijuana, said the alleged beating occurred after he fled on foot to find a sergeant at the nearby police station to resolve a disputed license suspension. An attorney for Breen, Elmer Robert Keach III, previously said the officer used justifiable force when Shanks reached into his pocket while he was on the ground.

In the disciplinary hearing, Breen, who does not have a listed phone number, is represented by Binghamton attorney Richard Aswad. Aswad did not return a call for comment placed to his office at 3 p.m. Monday.

Rinaldo presided over several dates of testimony this summer, finishing Sept. 2.

Both sides submitted written legal arguments, and Rinaldo is expected to make a finding of fact and forward a recommendation on a potential disciplinary action to the Common Council. The Common Council could choose to accept Rinaldo's findings, reject them or modify them, with the ultimate decision on Breen's fate in its hands, Wolverton previously said.

Wolverton had said she expected a resolution by the end of this year, and she said she is still hopeful for that.

Except for one month on unpaid leave, Breen has been on paid suspension since the city opened an investigation into it in February. Breen has a base annual of $41,500 for this year.

In October, Shanks pleaded guilty to resisting arrest and was fined $750 and a $200 surcharge in settlement of the criminal case against him,

A settlement deal on a $24 million civil rights lawsuit filed by Shanks resulted in a single $135,000 payment to Shanks and his attorney from the city's insurance company, with the city responsible for just a $5,000 insurance deductible.

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