Why cab driver's license issue is important

I've gotten several e-mails and phone calls from outraged readers who think The Buffalo News was fed information about Jan Radecki's past by Patrick Kane's attorney in an attempt to discredit the Buffalo cab driver. Radecki has accused the 20-year-old National Hockey League star and his cousin, James M. Kane, 21, of robbing and assaulting him.

   The paper is "blaming the victim," critics say, and playing into the hand of Paul Cambria Jr., Patrick Kane's high-profile defense attorney.

   Radecki's attorney, Andrew C. LoTempio (pictured right, Derek Gee/Buffalo News), said this to me on Wednesday: "It sounds to me like the newspaper is trying to villainize my client."

   These claims are untrue. We await court proceedings, including today's session before a grand jury, that will reveal what really happened in the cab early Sunday morning. Meanwhile, The News is investigating all aspects of the case. The stories about the license are just the first pieces of information to come to light.

   The stories about the cabbie's license, while calling into question Radecki's character, are not an attempt to make excuses for what the Kanes may have done in that cab. Keep in mind, though, that those are only allegations.

   Here's how some stories, including this one, develop in the newsroom:

   The News has amassed an internal database of public records. All reporters, editors and newsroom Library Director David Valenzuela regularly use the database when researching stories. The database includes information from voter registration, property and public payroll records. When possible, we go to the agencies and offices who maintain that information to corroborate what we've found.

   A search of our database yielded court records of Jan Radecki's past convictions, including one in Buffalo City Court for drunk driving. (See image below)

   The newspaper also has access to a state Department of Motor Vehicles database, which a few members of staff can search for more information based on search results of public records.

   The DMV audits our searches periodically, and we have to substantiate the searches we've done. We can't just "go fishing" for a person's driving record. If we can't prove we were searching for a good reason, we lose our access.

   So the background on the cab driver came from our own research, not from Kane's lawyer.

   I asked Cambria (pictured right, Bill Wippert/Buffalo News) when I spoke to him earlier this week whether he knew about the cabbie's past. He said he did, but did not want to be the source of any of that information.

   In a story published today, and as a result of days of research, The News has found the DMV investigating possible fraud since Radecki applied for a new license under a different name and address after a drunk driving conviction in 1999.

   That could be criminal, Chautauqua County District Attorney David W. Foley told The News.

   LoTempio, his attorney, said his client is willing to do "whatever he needs to do to straighten it out."

   Allegations about lying to the DMV are relevant in this situation because they speak to a portion of Radecki's character. They raise questions about whether what he said happened in his cab last weekend are completely true.

   Think about it this way -- what if you were accused of a crime by someone with Radecki's background? Would you think this information was worth knowing then?

  -- Aaron Besecker

Comments

[leon mcbride]

once again the person who is the victim is made to look like the problem, you go legal system!!!! The news swallows hook line and sinker.

[lucy]

I think more has been made of his license than the fact Kane is downtown drinking illegally. Doesn't that speak to his character? Will lie at all costs to get what he wants? When cabbie lies to get a drivers license back to feed his family? Everyone's got skele's in their closet. I don't see the News portraying the whole incident fairly. What they did instead of reporting was to get involved in it. Its a big story and they are making themselves look bad.

[David Valenzuela]

In support of Aaron's blog here, let me add that these databases are acquired through the "Freedom of Information Act," by The News as a news gathering and investigative entity.

We would be committing professional malpractice if we did not background any news subject, to verify that people are who they represent themselves to be. Reporters and columnists don't want to be blind-sided while covering a news story or profiling someone in the community.

As Aaron points out, any General Assignment reporter who is asked to cover a story turns to this database of public records as a first stop to find out whatever they can about who they are profiling or interviewing.

Aaron did what any reporter in the newsroom would do, he ran the cabbie's name, and it yielded what we discovered to be the first of several questionable actions by the man at the center of the situation.

While the full truth as to what exactly happened in that minivan that morning has yet to be revealed, The News would be remiss if we did not pursue leads that have been uncovered during the reporting process.

[Comino Reality]

Please let us never see Twenty Cents name on a ballot or in a political appointed position in WNY.

[cookies]

Ok lets say the cabbie decieved the DMV - does that in anyway lessen the charges against Kane? What if Kane had killed the cabbie, would the the charges be reduced because the cabbie was less then honest..this kind of reporting is a disgrace, its no wonder the News has a lousy reputation.

[Lydia Bezou-Hojnacki]

Why are the attorneys pictured? What have they got to do with this case?

Who cares? Who is Kane? Why is the victim being harassed by dirt from the News?

[waffles]

the lawyer for the cab driver was on channel 2 and admitted that the driver locked the door on these two and that the act of locking the door started the dispute.

if you were a young person locked in a van, falsely imprisoned by a guy who was being a jerk because he found out all he was getting was a $1.20 tip, wouldn't you be fearful and perhaps even get physical in desperation to get out?

why he felt compelled to lock these kids in the van is beyond me. he obviously, from his own attorney's words, started it himself by falsely imprisoning these kids.

[crank]

We don't know what happened in the cab any more than the News does. So how can you keep claiming that the driver was "the victim?" And this post explained how the News pursues a story like this and gathers background information. So it's foolish to claim "the news swallows hook line and sinker." The News has weak reporting in many cases, but not here. Find a better target.

[richabri]

Whatever dispute I may have about the relevence of the Cabbie's 'driving' issues to this matter I think it is commendable that you chose to speak up about your process. In the absence of facts conjecture will surely rush in to fill the void.

I'm sure that outrage was expressed because it just didn't look right on the surface.

[Cynical]

No one is saying that because Radecki is a habitual drunk driver and received his current license under dubious (at best) circumstances that Kane is in the clear on anything.

However, it is certainly part of the bigger picture and is worth reporting.

I'd love to see several follow-up stories from this incident, such as what enforcement, if any, is there of drinking age restrictions on Chippewa? (I would add that I'm still waiting to hear which bar over-served the young man who went on to kill the Buffalo Police Officer on the 190 a few weeks ago.) And how many of the taxi drivers on the City's/County's streets have DUI convictions, lie to the insurance companies about their place of residence, etc.?

[Withering Heights]

I am waiting for the next shoe to drop. In one of the stories Lotempio stated Radecki also uses a friend's Silver Creek address for his license in order to get cheaper auto insurance. Isn't that insurance fraud?

[POLONIA FOREVER]

LoTempio would not comment on Radecki’s testimony but said he believes “an appropriate” criminal charge in the case would be misdemeanor assault and misdemeanor theft of service.

++++++++++++++++++++++++++++

SO I GUESS THE CAB DRIVER ALSO BEAT HIMSELF UP. BROKE HIS OWN GLASSES. PLANTED HALF A TORN $5 BILL IN THE POCKET OF KANE TO BE LATER FOUND AT THE HOLDING CENTER. BUFFALO NEWS STOP THE BULL. THE CAB DRIVERS LOW LEVEL DWI FROM YEARS AGO HAS NOTHING TO DO WITH THIS CASE. YOU CAN FOOL THE LIBERALS BUT THATS ABOUT IT. POOR KANE, AND HIS 6'4 220LB. COUSIN POUNDED ON BY A 65 YEAR OLD HARD WORKING OLD TIMER TRYING TO SUPPORT HIS FAMILY WHO HAPPEN TO LIVE IN THE MIDDLE OF A WAR ZONE ON THE EAST SIDE..

[Buffalo Libertarian]

First of all, you media idiots are not law enforcement: it's not your job to investigate criminal cases! You media idiots are not judge and jury: it's not your job to render verdicts in criminal cases! So, knock it off!

Your job is merely to REPORT events - and to report them in a flawlessly unbiased manner. Once you reported that an incident occurred between Patrick and the cab driver, your involvement should have ended until after the trial. This campaign of yours to dig for dirt on the alleged victim is entirely inappropriate: you are not Patrick's attorney and have no business acting as if you are or as if you are working for Patrick's attorney.

Report only that the event happened and then, AFTER THE TRIAL, report the verdict: knock off this nonsense of trying the case in the so-called "court of public opinion"! Leave the determination of guilt or innocence to a jury of the defendant's peers.

[Buffalo Libertarian]

Waffles wrote: "why he felt compelled to lock these kids in the van is beyond me."

You ask why?

First of all, they're kids: and that's reason enough not to trust them to pay their fare before getting out of the cab.

Second, one of the Kanes is a sports figure - which in this town generally means they think they're special and that they shouldn't have to do things that ordinary citizens do like pay cab fare.

Third, considering the Kanes were picked up by this cabbie on Chippewa when they were, is there any doubt as to what they were doing there in the first place? (And since Partick Kane is under age, what was he even doing on Chippewa in the middle of the night)?

I'm sure the cabbie has his own reasons for keeping the cab locked while his young passengers were still inside: you might not think there's any valid reason for keeping his cab locked but I'm sure the cabbie does. Besides, some vehicles automatically lock as soon as the driver puts the vehicle in motion.

[Waffles]

OK, Buffalo Libertarian...

So after he was paid $15, for a $13.80 fare, why didn't he unlock the doors?

Why were they forced to be stuck in that van?

Tips are for good service, and are not mandatory.

What if Kane only had a $100 bill, and the cabbie said he couldn't make change? Is he supposed to give him a $87 tip to go just a few miles?

Oh sure, he's a superstar athlete, he can afford it.

Please!

A tip is not an entitlement.

So what if this guy couldn't break a $100, and the Kanes only other option was to pay him $15 with the small bills left in their pockets?

Hmmmm?

Next time he should be able to make change for any fare. Don't short yourself bills because you want to manipulate people into giving you bigger tips.

A fare is a fare. A tip is a bonus.

And anyone who locked me in his van and wouldn't let me out after paying him -- even if it was only a $1.80 tip to go 5 miles or less -- should feel lucky I even offered to let him keep the buck.

[my2cents]

I think the cab drivers records and both of the Kane boys should be posted.

Their are defending the Kanes like this: Yes I raped her, but she was a prostitute so its OK!

[HapKLein]

Boy lots of opinion here. I actually thought the News was doing a balanced job of reporting the case. I noted the pains taking article the other day that picked through Radecki's record and seemed to offer reasons for much of the confusion and even a probable explanation that changing his forename is what created the inaccurate record.
I was rather thrilled to see that Cambria and Lo Tempio are both involved with this case.
But I also bet that whatever actually occurred and its sequence will never see the light of day. I also wager that this will end in mutual apologies and one less phantom cabbie in the city.

[The magician]

Judge Amodeo on the case in Buffalo City court is the first sign of a cover-up...that is the position he has played since becoming their Chief Judge...records of the connected and famous all....go bye..bye....he is the justice magician!

[my2cents]

Pat - walks(Skates).

James bites the bullet.(Is treated to future rewards).

Cabby gets spanked for getting victimized.

Lawyers get stacks from families.

End of story.

[Buffalo Libertarian]

Waffles wrote: "So after he was paid $15, for a $13.80 fare, why didn't he unlock the doors?

Why were they forced to be stuck in that van?"

Ask him. This is apparently over a mere 20 cents (that he didn't have to give in change).

Waffles wrote: "Tips are for good service, and are not mandatory."

Since we're apparently only talking about 20 cents, I would have let him have the 20 cents.

"What if Kane only had a $100 bill, and the cabbie said he couldn't make change? Is he supposed to give him a $87 tip to go just a few miles?"

What if, what if, what if? We can go on all day about different scenarios. The fact of the matter is that we're apparently talking about a mere 20 cents. I don't think it's unusual for a cab driver not to have enough coins for change after a long night of carrying passengers.

Waffles wrote: "Oh sure, he's a superstar athlete, he can afford it.

Please!"

Apparently the cabbie didn't know that a hockey star was riding in his cab. As far as he knew, these were just a couple of kids who likely had been partying on Chippewa (Patrick Kane, of course, had no business being there since he is under age).

Waffles wrote: "A tip is not an entitlement."

Agreed. But we're apparently talking about a mere 20 cents. Is it really worth these kids doing what they are alleged to have done to the driver?

Waffles wrote: "So what if this guy couldn't break a $100, and the Kanes only other option was to pay him $15 with the small bills left in their pockets?

Hmmmm?"

Again, we're not talking about a $100 bill, we're talking about a mere 20 cents in change.

Waffles wrote: "Next time he should be able to make change for any fare. Don't short yourself bills because you want to manipulate people into giving you bigger tips."

Become a cab driver and see how that works out for you. Again, we're apparently talking about a mere 20 cents.

Waffles wrote: "A fare is a fare. A tip is a bonus.

And anyone who locked me in his van and wouldn't let me out after paying him -- even if it was only a $1.80 tip to go 5 miles or less -- should feel lucky I even offered to let him keep the buck."

Reportedly, it would only have been 20 cents since that was what the driver supposedly didn't have. But, in any event, didn't the News report that the reason the doors were locked was because the driver normally does lock the doors when his passengers are as young as these guys are exactly because he doesn't want to get ripped off? I don't have a problem with such a precaution.

And would someone please explain why Patrick Kane's even being on Chippewa that time of the night isn't being addressed?! Was he drinking illegally and, if so, which bars were serving him and why weren't the bar owners arrested for serving alcohol to a minor?

Instead of the Buffalo News smearing the reputation of the alleged victim, why isn't the News doing more to find out why the alleged perpetrators (the Kane cousins - one of them under age) were even on Chippewa that time of night.

[kim]

Lucy- are you serious??? Really? You think a kid drinking at 20 and a half years old is more of a character flaw than a cab driver with a history of DUI driving without a driver's license (and a LAUNDRY LIST of other offenses) so he can 'feed his family'. You are stupid. Really REALLY stupid. I hope you don't have kids. If you do- I feel bad for how stupid they must be, too.

[kim]

If you are a parent posting comments about how outraged you are re: 20 yr old drinking: PLEASE... for your own good... PLEASE start filing out applications for your kid to go to college FAR FAR FAR away.

[my2cents]

Patrick stand up be a man or this is as far as you go. Dont just take the easy way out.It leads no where.

[Buffalo Libertarian]

my2cents wrote: "Patrick stand up be a man or this is as far as you go. Dont just take the easy way out.It leads no where."

But he is going to take the easy way out - through a plea deal. And the Buffalo News is going to keep on singing his praises just because he's a professional hockey player who hails from Western New York. Meanwhile, the alleged victim will continue to be villified by the media for daring to press charges against a "hometown hero" who still had no business even being on the Chippewa Strip that time of the night.

[Buffalo Libertarian]

Well, the boy was indicted (http://www.wben.com/Patrick-Kane-Indicted-on-Misdemeanor-Charges/5039689): let's see how he manages to weasel himself out of this one.

Of course, there is still nothing on why this particular underage individual was even on Chippewa when he was (though I'm sure most of us can take a pretty good guess) and why that isn't being investigated.

Of course, I'd prefer to see the State of New York get out of the business of trying to dictate to people the age at which they can begin ingesting certain substances but we know that's never going to happen.