
Honored detective suspended without pay, charged with
defying orders
By Stephen T. Watson and Vanessa Thomas - News Staff Reporters
Updated: 02/29/08 2:30 PM
Detective Dennis A. Delano, an outspoken member of the Buffalo
Police Cold Case Squad, faces departmental charges and has been
suspended without pay, the police commissioner announced this afternoon.
Commissioner H. McCarthy Gipson has charged Delano with defying orders
from his superiors and with releasing a videotape and other
investigative materials without authorization, Gipson said in a
statement.
"The charges against Mr. Delano are extremely serious in nature and his
actions have compromised the integrity of the Buffalo Police
Department," the statement said.
Police sources previously said Gipson had suspended Delano with pay
this week for allegedly providing an investigative videotape from the
Lynn DeJac case to a local television station.
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Det. Dennis Delano
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The 28-year department veteran has publicly asserted he
does not
believe DeJac killed her 13-year-old daughter, Crystallynn Girard, in
1993.
Delano also has criticized the Erie County District Attorney's Office
for accepting new forensic findings that indicate Crystallynn died of a
cocaine overdose and not strangulation.
Department sources previously told The News that they feel Delano is
being unfairly punished for speaking out and for continuing to work on
the DeJac case against the orders of top police officials.
The Delano supporters also told The News that it's not clear who leaked
the videotape to WGRZ-TV.
Delano was honored for his diligent work on the Bike Path Killer case,
during which he helped win the release of the wrongfully convicted
Anthony Capozzi.
Sources had said that Delano was stripped of his gun and his badge when
he was suspended with pay earlier this week.
Delano was suspended without pay Friday according to the provisions of
the police contract, Gipson said.
"This by no means, diminishes the good work Detective Delano has done
as a member of our highly effective Cold Case Squad. But I want to
stress, no individual is above the rules and regulations of his or her
workplace," the commissioner's statement said.
The video footage in question was aired on Channel 2's Monday night
newscasts.
The video, showing Crystallynn's bedroom where she was found dead, was
taken just over one hour after police arrived on the scene. The bedroom
was in disarray with bloodied bed sheets, a mattress on the floor, and
an overturned nightstand.
Police sources say department officials did not release the video
footage and are outraged that it was released to local television media
and shown to the public.
WIVB-TV, Channel 4, also aired similar footage Tuesday night, officials
said.
Erie County District Attorney Frank J. Clark said Delano's suspension
did not originate from a complaint from his office.
"I have never spoken to anyone from the Buffalo Police Department about
Dennis Delano," said Clark. "We didn't have anything to do with this."
During Channel 2's story, reporter Scott Brown traveled to Washington,
D.C., where two forensic experts reviewed their video footage, along
with other investigative documents connected to Crystallynn's death.
According to Channel 2's story, Delano took the day off work and also
went to Washington, where he spoke to experts about her death.
Clark said if Delano did provide the video footage to the media, it may
not be a criminal offense.
"Until I have all the facts, I can't determine whether this is criminal
or not," said Clark. "Hypothetically, on the face of it, I don't known
that this is a crime unless he got some benefit in return. It could be
unethical conduct, but I don't know."
Police insiders say Delano has a flawless police record and this is the
first time that he is facing departmental charges.
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