Three run for Montgomery Village Justice

By Laura Fitzgerald
Posted 2/13/19

Joe Marrero, A former New York City police detective and Jack Byrnes, a former Village of Montgomery police officer in charge, will face off against incumbent Tina Fassnacht for her seat as Village …

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Three run for Montgomery Village Justice

Posted

Joe Marrero, A former New York City police detective and Jack Byrnes, a former Village of Montgomery police officer in charge, will face off against incumbent Tina Fassnacht for her seat as Village of Montgomery justice in the March 19 elections.

Polls will be open at the senior center, 36 Bridge Street, from 8 a.m. to 9 p.m.

Joe Marrero
If elected, former New York City Police Department (NYPD) detective Joe Marrero would make the court room a welcoming place, decide cases in a fair manner, and work to adjudicate as many cases as are warranted.

Marrero said his top priority would be to create a welcoming courtroom in which everyone’s voice is heard, and disputes are settled in a fair and un-biased manner.
“My top priority really is just to let people know that they shouldn’t be afraid to come to court,” Marrero said. “They have a voice in the village in this courtroom and everybody will be treated equally and fairly.”

Marrero said he would address everyone in the court and make sure all parties know their rights.

“I will make sure that there’re aware of their rights and they have their witness testimony or evidence, and if they don’t, they should get a postponement until they have that,” Marrero said.

Marrero said his experience in NYPD investigations involving high-level crimes allow him to see the big picture, and he hopes to adjudicate many low-level crimes or petty disputes.

“If you have a background in crime you can take things into perspective and look at the smaller things and try to, if possible, get things adjudicated,” Marrero said.
Marrero has conducted a wide variety of investigations, including street crime, narcotics, organized crime, homicides, violent crimes and more.

Marrero has worked in uniform and as a plain clothes officer, conducted wiretaps and undercover narcotic buys, executed search warrants and cultivated informants.

Marrero said he has learned how to read people through thousands of interviews with suspects, witnesses and victims.

“You interview a couple thousand people over the phone or in person, you get an idea if people are telling you the truth or if they’re sincere,” Marrero said.

He received numerous awards during his time in the New York Police Department, including the New York Daily News Crime Fighters Award, the New York Centurion Award (twice), 37 NYPD citations for Excellent Police Work/Meritorious/Commendations, and many more.

Tina Fassnacht
Incumbent Tina Fassnacht said she would continue to listen to all parties in an un-biased manner, making decisions based on the evidence being presented. She said the justice’s job isn’t to be the police or create the laws, but simply to enforce them in a fair manner.

“The judge’s role is to be there to balance out the sides. We’re supposed to be independent, unbiased, so it’s not our job to be the police. We have to make sure that the police are doing their job properly, just as if the people are found to be guilty to charge them appropriately,” Fassnacht said. “Being a judge is not like being the mayor or not like being a police officer or somebody that would be responsible for creating laws, we’re just there to make sure they’re being enforced properly.”

Fassnacht said the village court serves an important role as a place for residents to resolve disputes with an impartial third party.

Fassnacht served as associate village judge for four years under judge Andrew Roepe. Roepe resigned spring of last year, so Fassnacht stepped in until the special election.

Fassnacht said her experience as village judge has taught her the skills and traits needed for the role, so she won’t need any training to get up to speed.

“There’s always a learning curb with every job that you have . . . Obviously the experience that I’ve had as the judge, I would continue to gain that experience,” Fassnacht said.

Fassnacht has been a practicing attorney for 19 years, a valuable experience that has taught her everything about the operations of a court room. She said her experience as an attorney is invaluable for her job as village judge.

“I think it’s important to look at both sides of the case in trying to either settle or advocate for my client,” Fassnacht said. “So, I think that has been a benefit to me when I’m sitting as judge in that I’m always looking at both sides equally and what the evidence is that’s being presented.”

Jack Byrnes
If elected, Jack Byrnes, former Village of Montgomery Police Officer in Charge, would examine the revenue gap in the courts, examine the number of arrests, and combat the opioid crisis.

Byrnes said the gap in revenue and expenditures is a major issue. The projected cost of the court is approximately $119,000 in the 2018-19 fiscal year and is projected to collect only $31,000 in fines and forfeited bail, according to the Village of Montgomery annual budget.

Byrnes said he would like to discuss the number of arrests in the village with the mayor and chief of police. While Byrnes said there were more arrests while he was in charge, police records don’t back that claim.

From 2003 to 2007, the last five years of Byrnes’ tenure, the department had an average of 103 arrests. From 2008 to 2010, the department had an average of 110 arrests per year.The village justice also does not have the power to influence policy or police operations.

Byrnes said he would also combat the opioid crisis.

“If you’re a drug dealer selling heroin that’s laced with fentanyl, I believe you should go to jail,” Byrnes said. “And, if you’re the user, I believe the court needs to get you help.”

Byrnes said his experience in the police department has given him intimate knowledge of the village and its residents.

“I know most of the people in the village from over the years, and I know good people and I know the bad people,” Byrnes said.

In 2007, the village board demoted Byrnes from officer in charge to patrolman after an excessive amount of absences. Byrnes spent a large amount of 2006 away from work due to health issues and the start-up of his international private security business.

Byrnes resigned from the police department in March 2011 following Byrnes’ lawsuit settlement against the village for slander and demotion without cause.

The department also underwent a federal investigation for gun sales in 2007 while Byrnes was officer in charge.

Byrnes dismissed the investigation, which didn’t lead to any charges.

“That was BS,” Byrnes said.