AUBURN -- The two week trial of a former Auburn police officer accused of bribery and official misconduct ended tonight with a verdict of guilty on all counts. The Cayuga County jury got the case today and took several hours to reach the verdict. Brian Hutchings could spend seven years in prison upon sentencing which is scheduled for May 3rd.
Defense Attorney Emil Rossi said tonight, "We maintained throughout that he had never gotten an illegal benefit, and that for that reason, he really was not guilty of any crime charged. That was the position that we advanced to the jury, and they rejected it." Rossi said he will review the trial transcripts in search of grounds for an appeal.
Hutchings had been suspended from the Auburn police department after being indicted on 14 charges including 5 felonies. He's accused of soliciting bribes from Auburn area businesses. He allegedly alerted them to road blocks and inspection stations in exchange for work done on his private residence. He's also accused of beating the driver of one such business in an attempt to avoid paying a bill for work done on his home.
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Jury selection began Monday morning in the trial of former police officer Brian Hutchings. He's facing charges of bribery and official misconduct. The prosecution and defense are selecting a jury from over 100 prospective jurors who have been summoned to the Cayuga County Courthouse in Auburn.
Hutchings was suspended from the Auburn police department after being indicted on 14 charges including 5 felonies. He's accused of soliciting bribes from Auburn area businesses. He allegedly alerted them to road blocks and inspection stations in exchange for work done on his private residence. He's also accused of beating the driver of one such business in an attempt to avoid paying a bill for work done on his home.
If convicted of the most serious felony charge, receiving a bribe in the third degree, Hutchings faces up to 7 years in prison. District Attorney Jon Budelmann says he will seek prison time for the former police officer if he is convicted.
Hutchings also stands accused of stealing more than 3,000 from the Auburn Police Benevolent Association. He's expected to face those charges in a separate trial.
May 18th, 2010:
AUBURN -- A former Auburn police officer, already accused of using his job to settle personal disputes, has been brought up on more charges.
CNY Central has confirmed that Brian Hutchings has turned himself in to State Police on charges he stole money from the Auburn Police Benevolent Association while he was treasurer of that organization.
A Cayuga County Grand Jury indicted Hutchings on four counts of grand larceny, five counts of petit larceny and one count of scheme to defraud for allegedly stealing at least $3,000 in funds. The thefts allegedly took place from 2001 to 2008. Hutchings was arraigned Tuesday morning and released on his own recognizance. He was ordered not to leave the state.
Another indictment charges Hutchings with receiving bribes, official misconduct and receiving a reward for official misconduct. The indictment for bribery doesn't list the services he allegedly received or from whom, but it claims Hutchings tipped off unnamed companies to truck inspection stops so they could get away with driving non-compliant vehicles
In March, Hutchings was fired after being accused of abusing his position as a police officer in a dispute with a private contractor who did work on his home. He allegedly targeted the company's trucks and drivers with numerous traffic stops and tickets, at one point he's accused of attacking a driver with his baton and pepper spray. He now faces a total of 35 criminal charges.
Cayuga County District Attorney Jon Budelmann said this was a difficult investigation because "The accused is a police officer. He has the authority of law and a gun. That makes people reluctant to cooperate."
April 16th, 2010:
AUBURN -- The Auburn police officer accused of using the powers of his job to settle a personal dispute has been fired.
According to the Auburn deputy chief, Officer Brian Hutchings has been terminated from the police force effective Friday. A “Step 3” hearing was held this past Monday, and the hearing officer decided that Hutchings’s termination would take effect Friday.
The termination has been appealed, and there is an arbitration process going forward.
Hutchings has been indicted on 14 charges, accused of using his powers as a police officer to harass and coerce a private contractor with whom he was having a dispute over work on his house. Police say Hutchings would pull over and ticket the contractor's trucks while out on patrol. He is also accused of using pepper spray on the drivers, and arresting them unnecessarily.
Hutchings had been suspended for 30 days without pay after his arrest and indictment last month.
March 18th, 2010:
AUBURN -- An Auburn cop was arrested Wednesday after police say he abused his powers as a police officer to settle a personal dispute.
Officer Brian K. Hutchings of the Auburn Police Department was in court Thursday morning, facing 14 charges after allegedly using his position as a police officer to ticket the trucks of a contractor with whom he was having a dispute over work on his house. Sources tell CNY Central that Hutchings would allegedly stop the trucks at every opportunity and threaten to issue traffic tickets in an attempt to shake down the contractor for payment of his bill.
Cayuga County District Attorney Jon Buddleman and Auburn Police Chief Gary Giannotta held a news conference Thursday afternoon to discuss the charges against Hutchings. They said that the investigation began two years ago when Hutchings was accused of using his police baton and pepper spray to knock an one of the contractor's drivers to the ground and hold him there. When asked why the indictment took so long, Budelmann said, "it took a considerable amount of time. As you can imagine not everyone is excited about cooperating against a police officer who's still on the job."
Police Chief Giannotta told reporters he did not consider taking Hutchings off patrol duties even though Hutchings was under suspicion for two years. "There is the personnel aspect of what we do is extremely complicated just let it be said that my meeting with the District Attorney initiated this investigation." Giannotta said.
Buddleman and Giannotta say the traffic stops were part of a plan by Hutchings to harass a company with which he was having a billing dispute. Neither official would confirm the name of the company allegedly victimized by Hutchings.
When asked why the investigation took two years, Buddleman implied there were problems with getting cooperation from witnesses.
Buddleman also confirmed his office was investigating the disappearance of money from the Auburn Police Benevolent Association. He would not confirm if that investigation was connected with the Hutchings case. However Chief Giannotta says Hutchings is a former Auburn PBA treasurer.
Hutchings was arraigned Thursday morning in Cayuga County Court before Judge Thomas Leone. He has been indicted by a Cayuga County Grand Jury on the following charges:
- Bribe receiving, 3rd degree
- Receiving reward for official misconduct: 2nd degree
- Coercion: 2nd degree (3 counts)
- Official misconduct
- Falsifying business records: 1st degree
- Offering false instruments for filing: 1st degree
- Offering false instrument for filing: 2nd degree
- False reporting of an incident: 3rd degree
- Making a punishable false written statement
- Obstructing governmental administration: 2nd degree
- Harassment: 2nd degree
- Making an apparently sworn false statement: 1st degree
Hutchings declined to comment on the charges to CNY Central reporter Jim Kenyon as he left the courthouse. He was released on his own recognizance, and has been suspended without pay by the Auburn Police Department.
