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7. Defending the Sites
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7 Defending the Sites As soon as we arrest one, the line [of nonviolent resisters] fills up from behind . . . . We can’t arrest the whole county. —Sheriff Larry Scholes to Joan Dickenson, Reporter for The OleanTimes Herald, January 17, 1990 D E C E M B E R 1 8 , 1 9 8 9 — “YOU’LL NEVER BELIEVE who just called fromAlbany,”the sheriff exclaimed, bursting into Bill Timberlake’s office. Without waiting for a reply, he continued , “The head of the state police.” “Really.What did he want?” “I answered the phone, and he said, ‘Scholes.’ “I said, ‘Yes.’ “He said, ‘This is Superintendent Constantine.You got no class, Scholes! You got no class!’He then informed me that there was no such thing as‘local’ state police, and hung up the phone.” Bill burst out laughing. “Which one of you, I wonder, has no class.” Larry, of course, knew there was no such entity as the“local state police.” He had used the term when talking to the press, however, to praise the cooperative attitudes of Lieutenant McCole, Captain Browning, and other local state troopers, while lambasting Constantine’s and Cuomo’s politically motivated policy.The sheriff did not want his criticism of Albany to imply that citizens of the county could no longer trust local state troopers. Larry wasn’t someone who could easily be intimidated, however, so Constantine ’s call only reinforced the sheriff’s determination to attack his unwillingness to enforce the laws of NewYork state. “It appears to me,” he told the Buffalo News just before Christmas,“that the local state police, through no fault 145 SUNY_Pet_ch07.qxd 9/13/01 2:08 PM Page 145 of their own, have been directed by Albany not to get involved enforcing an unpopular law. Quite frankly, that made me very angry. I couldn’t repeat the message I sent back to Governor Cuomo.”1 Just after Christmas he explained to a reporter for the Associated Press why he wouldn’t call mutual aid. “I’m offended that the state can sit back and say: ‘Not only are we subjecting you to this process, but you’re going to pay for it too.’That’s adding insult to injury.” ❖ J A N U A R Y 8 , 1 9 9 0 — Snow covered the ground, and a bitter northerly wind pushed the sheriff across the parking lot toward his office. Today he would be meeting with the state police to find out whether or not they had changed their policy of nonintervention . Later in the afternoon there would be an informal meeting between ACNAG and the state police. Disturbed about the dicey nature of the protest at Allen, the sheriff hoped the activities of the citizens and law enforcement officials could be coordinated better. About 10 A.M., Major Kelley, commander of troops in western New York, arrived at the sheriff’s office. He thanked Larry for setting up the meeting with the protest leaders for later today. “I was extremely surprised,” said the sheriff, “that Constantine wouldn’t let the state police come in to help me.You know Bill and I can’t arrest everyone all by ourselves.” “I know your position,” the major gently interrupted. “I’m not here to argue with you.You understand why the state police would prefer to have you call mutual aid and I know why you don’t want to do it. I’m not sure you’ve done McCole and Browning a favor, however, by praising their efforts while blasting Constantine.” “I’m angry with the policy, but I’ve got a very good working relationship with the local troopers and don’t want anybody to think that I’m criticizing them.” “The superintendent isn’t so sure you’re serious about enforcing the law against the protesters.” “I’ll do my job,” the sheriff insisted. “The citizens expect me to enforce the law, but I’m not going to bankrupt the county by calling mutual aid when the state police should assist me.” 146 L I N K E D A R M S 1. See prologue for the sheriff’s response. SUNY_Pet_ch07.qxd 9/13/01 2:08 PM Page 146 [54.81.185.66] Project MUSE (2024-03-19 13:04 GMT) “We’ll come in if people are surrounded and held hostage.We’ll evaluate other specific situations, but if you request our help, we’ll probably come. Browning and McCole, however, may...