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Scotia drug suspect cleared by video may sue

The Scotia shop owner cleared of drug charges earlier this year by his own surveillance system has filed the precursor to a lawsuit against the two police agencies that worked on the investigation.

Meanwhile, Schenectady County District Attorney Robert Carney said the informant used in the case — who is seen in store surveillance video planting the evidence — was a factor in drug and weapons cases against seven defendants. Attorneys in each of those cases either have been notified or are being notified of the informant’s involvement.

The existence of the notices of claim was disclosed Tuesday by shop owner Donald Andrews’ attorney, Kevin Luibrand, who played the surveillance video for members of the media. The video shows two visits by the wired, unidentified informant, with the videos both showing the informant retrieving something from the back of his pants. In the second visit, when Andrews had his back turned, the informant placed what was identified as cocaine on the counter, secretly photographed it and later presented it to investigators as evidence.

Luibrand said Andrews wanted his story and the video made public to prove that he was innocent and that people are set up. He also wanted it publicized to give more credibility to those in similar situations who don’t have a multi-camera surveillance system to prove their innocence.

“This is the first occasion that I’ve seen in 30 years where this has been captured on video,” Luibrand said. “It’s alleged, it’s talked about, lawyers often hear ‘I didn’t do it, he set me up.’ Well, there’s Exhibit A. That’s how it’s done.”

Andrews is the owner of Dabb City Smoke Shop in Scotia, a store that sells pipes, T-shirts, hookahs, incense, ashtrays and other items. He was accused of selling cocaine to the undercover informant twice in late March. His shop was then raided in early April, and he was arrested.

He spent the weekend in jail before he could come up with the $30,000 bond. When he realized what he was being accused of, he had investigators examine his surveillance system, which was among the items seized in the raid.

When they did, the charges against Andrews were dropped and the informant himself was sought on drug and perjury charges. The informant, who is not being identified, remains at large.

In the video, shown Tuesday by Luibrand, the informant is seen taking something out of the back of his pants on both occasions. In one, he is clearly seen placing what was identified as cocaine on the counter and secretly photographing it, all while Andrews’ back is turned.

The notices of claim were filed earlier this month with the municipalities overseeing the two law enforcement agencies involved, the Schenectady County Sheriff’s Department and the Scotia Police Department.

 

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