TROY – A special prosecutor will not bring new charges against three former Rensselaer County law enforcement officials in the leak of a 911 recording during the 2015 Troy mayoral race.

Columbia County District Attorney Paul Czajka notified state Supreme Court Justice Richard M. Koweek of Columbia County Thursday that the case is over.

In April, Koweek ruled that a prior grand jury was not properly instructed and dismissed the indictment of misdemeanor charges against Ronald Fountain, a retired Troy detective; Gary Gordon, a former district attorney’s investigator; and Shane Hug, a former district attorney. Koweek gave Czajka the option of presenting the case to a new grand jury.

“Since that time, the People have reviewed all the evidence in this case, considered all the evidence – both testimonial and exhibits -- presented to the first Grand Jury and have considered additional evidence and information,” Czajka said in a letter to Koweek. Thus, the case won't be resubmitted to a grand jury, he wrote.

The three were charged in the original indictment with three misdemeanors of petit larceny, official misconduct and sixth-degree conspiracy, and three violations each of public corruption and fifth-degree criminal solicitation for allegedly conspiring to steal a copy of a 911 recording from Troy police on Oct. 19, 2015.

The 911 call was made by Melissa Gordon, the wife of Jim Gordon, a former Republican Troy councilman who lost the mayoral race to Democrat Patrick Madden. Troy political observers said the release of the tape damaged Gordon's mayoral campaign. (Jim Gordon and Gary Gordon, a former Democratic candidate for sheriff, are not related.)

Czajka sent copies of the letter Thursday night to the three defense attorneys, Joe Ahearn, who represents Fountain; William Roberts, who represents Gordon; and Trey Smith, who represents Hug.

"My client is relieved that the special district attorney understood what they've said from the beginning, that they did nothing wrong and as a result there's no evidence that they did anything wrong," Ahearn said.

Rensselaer County District Attorney Joel Abelove, who is being scrutinized by state authorities over his handling of an investigation into a deadly April 2016 Troy police shooting, presented the original case to the grand jury.

In December, Koweek had ruled that the appearance of political motivation required Abelove's removal from that case. Czajka was named as special prosecutor.

When Koweek dismissed the original indictment against Fountain, Gordon and Hug, he said that Abelove's office failed to instruct the grand jury on the element in the case which would have allowed them to consider testimony Fountain gave about the events and whether or not to ignore his testimony.

Fountain waived immunity from prosecution to testify before the grand jury that Gordon asked him to obtain a copy of the recording, according to Koweek's decision, which referenced the grand jury testimony. Fountain testified that he had permission to release the information. Fountain said he was not present when Gordon listened to the recording of the 911 call, which was on Fountain's phone.





