3rd Subpoena Issued
For Sheriff’s Records
7 Years of Data Due By 4 p.m. Today
COOPERSTOWN – Saying “we haven’t gotten everything,” Ed Frazier, chair of the county Board of Representatives committee investigating the Otsego County sheriff, his son and his department, said a third subpoena has been issued requiring Richard J. Devlin Jr. to act by 4 p.m. today.
“The purpose of this investigation is to determine whether discipline (in the jail) has been fair,” said Frazier, chair of the county board’s Public Safety & Legal Affairs Committee. “Until we see the files, how to we know.”
Frazier mentioned a published report where DevliHe continued, “We have no personnel files from anybody at the jail. We have requested personnel files from people at the jail.” The third subpoena was issued at 4 p.m. Friday.
Reached this morning, the sheriff said he is compiling the records, but said the subpoena is seeking seven years of records, and he is unsure they can be gathered b the 4 p.m. deadline. He is consulting counsel just in case.
If Sheriff Devlin fails to turn the files over, Frazier said, the next step would be to seek an order from state Supreme Court directing him to do so, Frazier said.
Supreme Court judges in the county would probably have to recuse themselves, requiring the county board to go to Delaware or Schoharie counties. (Frazier didn’t mention it, but county Attorney Ellen Coccoma, who is advising the committee, is spouse of state Supreme Court Judge Michael V. Coccoma, who presides locally).
