Troy

Columbia County District Attorney Paul Czajka is empaneling a grand jury to review the actions of several Troy detectives who are being investigated by the State Police for entering a residence without a search warrant.

The probe is examining allegations that detectives in a special unit — Firearms Interdiction and Narcotics Suppression — entered a private apartment at 112 Oakwood Ave. on June 9 as they searched for a woman, Mary Miller, who was wanted by Schenectady police on felony charges.

The detectives found drugs in the apartment, but not their suspect. They did not have a search warrant, and allegedly argued about whether to lie on a police report and claim they went inside because they suspected pry marks on a door jam made it appear the residence was being burglarized, according to two people briefed on the State Police investigation.

Six detectives were placed on paid leave when the department's leaders learned of the incident. City officials then asked the State Police to handle the investigation. In June, the Times Union reported that detectives Chris McDonald and Joshua Comitale, who opposed the idea of attributing the unauthorized entry to a burglary in progress, were allowed to return to active duty. Four other detectives remain on paid leave.

Attorneys for some of the detectives implicated in the investigation said they had a felony arrest warrant for the person they were told may be inside the residence.

William Roberts, an attorney for Detective Kevin Sessions, who remains on leave, said his client is "a respected and dedicated police officer.

"He eagerly awaits a grand jury presentation which will undoubtedly remove this baseless cloud of suspicion that has marred his reputation and character," Roberts added.

Czajka was appointed as a special prosecutor two months ago, when Rensselaer County District Attorney Joel Abelove filed a motion to recuse his office from handling the case. The investigation by the State Police has included interviews with at least one of the Troy detectives.

There have also been setbacks in the probe. On Monday, state Supreme Court Justice Richard J. McNally Jr. granted a request by an attorney for one of the detectives to quash a subpoena that Czajka served on them seeking access to the files of their private investigator. Attorney Shane Hug, who represents Troy Detective Sgt. Ronald Epstein, argued that Czajka was not entitled to the records because they are attorney-client materials and there was no indication as of last week that a grand jury was empaneled and actively reviewing the case.

Epstein was a supervisor of the police unit and is a focus of the investigation along with detective John Comitale, who is Joshua Comitale's father.

Czajka on Tuesday declined to confirm the existence of the grand jury investigation, or whether a hearing took place.

"I am barred from discussing, as a general rule, anything having to do with a grand jury," he said.

In court papers — titled "In the matter of an Investigation by the Grand Jury of the County of Rensselaer" — Czajka argued that a "plain reading of the subpoena" showed that his office did "not seek privileged, attorney-client communications.

But Hug said in court papers that Kevin Connolly, a private investigator he hired to help with Epstein's defense, was served with a subpoena on Aug. 8 that directed him to appear before a grand jury this week. The subpoena sought Connolly's files related to his work in Epstein's case, including any photographs, discs, documents, reports, letters, electronic mail and contracts.

"Permitting Mr. Czajka to subpoena communications between a defense attorney and an investigator hired on behalf of a client as well as the work product prepared at the request of defense counsel robs clients of their right to have assistance of counsel in their defense," Hug wrote in support of his motion to have Czajka's subpoena thrown out.

Czajka also asked the court to issue an order disqualifying Hug from representing Epstein because Hug, a former Rensselaer County assistant district attorney, is the target of a separate investigation by Czajka into allegations that he had a role in the leak of a 911 recording involving a candidate in the 2015 Troy mayor's race.

A grand jury indicted Hug, retired Troy Detective Ronald Fountain and Gary Gordon, a former district attorney's investigator, on low-level charges that included official misconduct, petit larceny and conspiracy. The charges were thrown out in April by state Supreme Court Justice Judge Richard M. Koweek, who ruled a grand jury that heard the case was not properly instructed.

The initial investigation that led to the indictment of Hug and the others was handled by Abelove, the Rensselaer County district attorney. But a judge later ordered his removal from the case because of a conflict of interest. Czajka was appointed special prosecutor in that case, and has indicated he will still pursue new criminal charges.

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.

McNally, issued an order quashing the grand jury subpoena that Czajka served on Hug's private investigator last week. The judge did not immediately issue a ruling on Czajka's request to remove Hug as Epstein's attorney and the motion was withdrawn.

blyons@timesunion.com • 518-454-5547 • @brendan_lyonstu