One month after North Tonawanda Mayor Austin Tylec came under fire for abusing his authority sending two armed police officers to question a political rival over a spoof Facebook page, the Police Department (“NTPD”), under the leadership of Chief Keith Glass, is following Tylec’s lead.
Two NTPD detectives, Michelle Day and Yanni Malamas, in what amounts to a shocking and potentially criminal abuse of their power, defied the direction of the Niagara County District Attorney’s Office (“DA’s Office) with a charging decision.
Both NTPD detectives wanted to charge a person of interest ("POI") with sexual abuse of a minor. Not only did their case lack evidence, but there were several facts that weighed against bringing charges, including a history of mental health issues, lack of credibility and no physical evidence or corroboration.
Apart from the child’s history, over fifty pages of concerning messages were turned over which painted the picture of a girl utilizing self-harm and suicidal ideations for attention. But more importantly, clearly stating that there was no abuse.
It was not only the lack of evidence alone that led the DA’s Office to decline prosecution, but the actions of NTPD Detectives Day and Malamas themselves. Their conduct, which included over 5+ interviews with the child and a decision made that amounted to kidnapping her after an interview with the Child Advocacy Center, created concerns of undue influence and perception of personal bias/motivation for charges to be brought – a trial issue that the DA’s Office would not likely overcome.
The kidnapping incident will be the subject of a future story.
An attorney confirmed this information after their conversation with an Assistant District Attorney who stated that NTPD’s actions in this case hampered their ability to prosecute it.
In order to charge or indict someone with the criminal offense, the DA’s Office must believe – as is their ethical obligation – that they can prove their case beyond a reasonable doubt at trial. They did not believe that in this case with the charges Detectives Day and Malamas wanted brought, hence their direction for NTPD not to charge.
The DA's Office was also aware that Child Protective Services (“CPS”) had put in place an interim safety plan for the child while they investigated the allegations themselves. CPS, similar to the DA’s Office not wanting to prosecute, declined to initiate an Article 10 proceeding in Family Court to remove the child based on abuse, neglect or maltreatment. Their case was being closed.
A high-level source within the police department confirmed Detective Day’s and Malamas’ actions were without the approval of the DA’s Office. Specifically, that they were told not to charge and needed to back down.
The same source stated that bending, if not breaking, the rules has been an ongoing problem with Detective Day and others in the NTPD. In the investigation discussed throughout this article, Detective Day and Malamas had a child sign a statement that was more than 10x as long as the original handwritten one completed by the child.
The statement authored by Detective Day used words that a child would not know, containing events that were not only never mentioned in the handwritten statement, but contradictory to what was. No parent or guardian was present with the child when she was asked to sign the statement written by Detective Day, just a school guidance counselor.
NTPD Detectives Day and Malamas would not be deterred from pursuing their own personal motivation for charging the POI. Around 5pm on Monday, March 17th, Detectives Day and Malamas took him into custody and transported him to NTPD headquarters for booking, processing, and to await arraignment by a judge.
The POI was never read his Miranda rights and he was denied a phone call for over nineteen hours while waiting in a NTPD jail cell. Officers and others made derogatory statements and taunted him saying things such as “you don’t scare me.”
The same high-level source in the police department said that Detectives Day and Malamas had not even finished the charging paperwork when the POI was taken into custody. The source was clear that Detectives Day and Malamas arrested him the way they did out of revenge. The reason Detectives Day and Malamas would want revenge against the POI will be explained in a future article.
Regardless of the guilt or innocence of the POI, which Niagara Action is not speculating on at this time, it is clear that the NTPD has gone rogue.
North Tonawanda Chief of Police Keith Glass did not respond to a request for comment.
If you would like to share your own experience with the North Tonawanda Police Department, or any of the issues raised throughout this article, please email us at niagaraaction@gmail.com.
North Tonawanda Police Go Rogue, Defy Charging Decision by District Attorney’s Office