Is Canandaigua, NY Police officer Nicole Kadien Receiving Special Treatment? Ontario County Denies my FOIL Request for her Booking Photo, saying it “Does Not Exist.”

Published On December 4, 2012 | By Davy V. | Articles

By Davy V.

Usually when a person is arrested and charged with a crime, they go through a booking process which includes being fingerprinted, and photographed.

On Friday November 30, 2012, I filed a FOIA (Freedom of Information Act) request with Ontario, County, NY, requesting  Canandaigua, NY police officer Nicole Kadien’s booking photo.

Kadien, an 8-year member of the CPD, was arrested on November 23, 2012 and charged with DWI after Ontario County, NY sheriff’s deputies pulled her over after they observed her driving erratic.

On Monday December 3, 2012 I received an email from the Ontario County, NY Dept. of Records, Archives and Information Management Services stating that my FOIL request had been denied because her booking photo “Does not exist.”

When I called the Ontario County Dept. of Records, Archives and Information Management Services, I was transferred to a woman named Colleen, who was not much help.

Throughout the conversation, Colleen was completely out of it and clueless.

She even laughs at the end of the conversation, which you can hear by clicking play below.

“Colleen” explained that not all individuals who are arrested are photographed.

In the conversation she states that perhaps officer Kadien was not booked, after her arrest.

When I asked her if officer Kadien was booked or not, Colleen replied by telling me that in order for her to tell me if officer Kadien was booked, I would have to file yet another FOIL request.

The website FindLaw.com gives the following description for booking:

After arrest, a criminal suspect is usually taken into police custody and “booked,” or “processed.”

During booking, a police officer typically:

Takes the criminal suspect’s personal information (i.e., name, date of birth, physical characteristics);

Records information about the suspect’s alleged crime;

Performs a record search of the suspect’s criminal background;

Fingerprints, photographs, and searches the suspect;

Confiscates any personal property carried by the suspect (i.e., keys, purse), to be returned upon the suspect’s release; and

Places the suspect in a police station holding cell or local jail.

(Note: persons arrested for minor offenses may merely be given a written citation and released, after signing the citation and promising to appear in court at a later date.)

As an activist against police misconduct and corruption, I’m starting to think that perhaps the Ontario County, NY Sheriff’s department is protecting officer Nicole Kadien by refusing to release her booking photo.

After all, it’s still not clear if, when Ontario County Sheriff’s deputies pulled Kadien over and arrested her for DWI, they in fact knew she was a police officer.

Although many law enforcement officers carry a “flat badge” and/or some type of id in their wallet, or purse, officer Kadien was obviously out drinking it up that evening, so she may have made it a point to not have any law enforcement id on her.

So it could very well be that, if deputies didn’t know she was a police officer until afterwards, that they may now be trying to do whatever they can, to minimize publicity surrounding her arrest.

Anything, like refusing to release her booking photo.

Whatever the case, it begs the question: Is Canandaigua, NY Police officer Nicole Kadien, whose husband Scott Kadien is a Sgt. with the Candaigua Police department, receiving special treatment?

 

Click Play to hear conversation:

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About The Author

Davy V. is a Cuban-American Filmmaker, Video Producer, Photographer and Freelance Writer, best known for using the power of video and film to expose Police Brutality, Corruption and Misconduct.The son of the late Mario Vara, a community activist who for years fought against Police Brutality and Misconduct in Rochester, New York, Davy V. got his start in Television and Video by tagging along and working camera for his father's cable access television show, "La Voz Del Pueblo" (The Voice of The People).Davy V. later went on to produce and host "KEEP IT ON THE REEL", a cable access TV show with a mix of Hip Hop as well as issues affecting African-Americans and Latinos in Rochester, NY, such as Police Brutality and Misconduct. Some guests on the show included Treach, KayGee and Vinnie of Naughty by Nature, Method Man, Funkdoobiest, Da Youngstas, and the Rottin' Razkals.Davy V. won the U.S. ACM Video Festival Award for his Documentary, "R.P.D. EXPOSED!" about the Rochester, New York Police Department and their long history of misconduct, corruption and unnecessary killings of unarmed innocent citizens. "R.P.D. EXPOSED!" and Davy V.'s follow up, "R.P.D.: Badges of DISHONOR, CORRUPTION and MURDER!" were both screened at the National Hip Hop Political Convention at Rutgers University in Newark, New Jersey.Davy V.'s work has been featured in publications such as THE SOURCE Hip Hop Magazine, URBAN AMERICA Magazine, The Ave. Magazine, Insider Magazine, La Voz Newspaper, Minority Reporter Newspaper, CNY LATINO Newspaper, DOWN Magazine, as well as on television news stations, and programs such as CNN and Inside Edition.In addition to his freelance writing, Davy V. also writes a monthly Op/Ed Column for LA VOZ Magazine and Minority Reporter Newspaper.In June 2012, Davy V. joined Cop Block as a regular contributor.
  • Danny Almonte

    Davy, you’d be a happier person if you gave up this farce you call journalism and got a real job. I hear McDonalds is hiring.

  • John Q Public

    Danny, Davy is gonna need a real job soon once his ex gets done taking him to the cleaners. I hope he updates what happens with that. Besides, he just likes to think he’s a big shot with all the rhetoric he spews forth. Its entertaining for him to make comments about an event he wasn’t there for and didn’t take part in. And of course the internet is 100% factual. I guess he should file a FOIA request to find out what the Ontario County Jail’s booking procedures are.

  • Common Sense

    Ha ha ha, Poor Davy is grasping. Had she not been arrested, you can play the ‘special treatment’ and ‘double standard’ card. But again, you fail.

  • Unknown

    She was never processed her bf who was on duty that night took her home. He’s in a lot of shit for doing so… and Scott Kadien is her soon to be ex husband. You’re welcome.

  • A Bonano

    Each department has its own policies on booking at the time of an arrest. In Ontario County (at the sheriffs office) a deputy generally has the discretion to either issue an appearance ticket and release the suspect, issue an appearance ticket and have the suspect processed (meaning fingerprints and pictures) or arraigning them before a local judge.
    The release without processing is authorized under the NYS CPL law for most misdemeanors and some class E felonies) . When that occurs (at the Ontario County Sheriff’s Office) the suspect is also given an instruction sheet on when to go get their pictures and prints. (along with their appearance ticket)
    There are of course factors in which of the three routes the deputy takes. The most obvious legitimate one is that the road patrol is busy and does not have the extra time to dedicate in the prints and pictures.
    Being punitive to the defendant would be an example of a non legitimate reason to immediately arraign the defendant. Wasting time on the deputies part would be another non legitimate reason.
    Ms. Kadien was not processed when the alleged crime was committed because she was not arrested when it happened. She was taken home. It would have been a complete cover up but one of the two deputies (actually a sergeant) sent an email about the incident which made its way to the Sheriff. When the sheriff received the email he knew that there was now documentation regarding the incident. Trying to avoid another scandal in Ontario County; Ms. Kadien was arrested.
    So; a picture was not taken. (at least not initially) and probably will never be.

  • Jack

    man are you being jerked around, send another FOIL to the Canandaigua City Court and to the Ontario County Sheriff himself then see what they say!

  • Jack

    that lady colleen is so full of crap, ask them what the accredidation manual procedure calls for whenever anyone is arrested?

  • Jack

    hell for that matter call the court at (585) 396-5011 and ask them if she has been arraigned and or if she pleaded to a reduce charge?

  • http://copblock.org Mark

    What you weren’t told was that the same Canandagua police officer was pulled over two hours prior to being arrested by the sheriff by a Canandagua town cop and released.

  • http://Lickmyasshole Fuck Off

    HEY KADIEN, Suck my balls you jeriatric fuck