Guess who doesn't trust the government?

The director of the FBI.

James B. Comey, the head of the Federal Bureau of Investigation, said as much last Tuesday while visiting his agency's Albany field office on McCarty Avenue.

"I believe the American people should be deeply skeptical of government power — I am," Comey said. "I think the founders of this country were. They divided the power among three branches because you can't trust people in power. You just can't."

Comey's words came in response to a question about measures the government has taken since 9/11, such as warrantless wiretapping, which have prompted many Americans to feel their freedoms have been encroached upon.

"I love those questions," Comey said. "You can't trust people in power, so you want to know, how are they constrained? How is interest set against interest? I love those conversations because the FBI is constrained in all kinds of ways that you would want us to be. My life is chock full of federal judges and oversight by Congress and inspectors general. That's the way it should be."

He said it has been difficult to find time to hold conversations on the extent of government power in the aftermath of top-secret leaks from former National Security Agency contractor Edward Snowden. He then defended his agency's role.

"A lot of times I'll find good people nodding when someone says, 'Isn't it awful that the government wants to be able to break encryption on the Internet?'" Comey said. "My response is, 'It's not awful. It's how we find terrorists. It's how we break up serious violent criminal groups. I need to be able to do that in a way that is carefully overseen and constrained. You don't want to live in a world where I can't do that. So I think we have just got to continue to have the conversation. I think it's healthy. I just hope folks will listen to the answers as well as ask hard questions."

Mistake leads to mistrial

An admittedly "inappropriate" question from a prosecutor led to a mistrial in Rensselaer County last week.

Deandre Malloy, 19, of Albany, took the stand as the last witness in his felony weapon possession trial before Judge Andrew Ceresia. He was arrested a year ago after Troy police allegedly found a loaded handgun in the trunk of a gold Acura sedan carrying Malloy and three other males. The group, two of them teenagers, were in a house at 2416 Lavin Court when a car drove by and several shots were fired into the side of the house. The four allegedly jumped in a car to pursue their attackers, officials said. No one was injured and no arrests have been made.

The prosecution said the car in pursuit had an interior panel that could be moved to let passengers put the gun into the trunk from the back seat.

Assistant District Attorney Shane Hug was cross-examining the defendant when he admitted that everyone who was in the car knew about the gun.

And for the record: Cases against the other passengers were still pending.

Hug asked Malloy why he did not provide that information earlier in the case.

Malloy's attorney, Yorden Huban, objected and demanded a mistrial. He said the question shifted the burden of proof to the defense. Defendants have no obligation to prove their innocence.

Ceresia instructed jurors to disregard the question. But the next morning the judge revisited the issue, heard oral arguments from both sides and declared a mistrial.

Hug said he thought because Malloy was offering that line of defense he was allowed to ask that question.

On Monday, Malloy, joined by his parents, took a plea as a juvenile offender and his records were sealed. Malloy was 18 at the time of his arrest.

One of his co-defendants, Mychael Thomas, 19, who lived in the house, took a similar deal Tuesday morning. He was 18 at the time.

The statement by Malloy cannot be used against the two remaining co-defendants if they go to trial unless Malloy agrees to testify for the prosecution. Because the record is sealed, it isn't known if cooperation was part of the deal.

rgavin@timesunion.com • 518-434-2403 • @RobertGavinTU