Candidate For Sheriff Demands Phone Call Investigation

PUTNAM COUNTY, NY — Putnam County sheriff candidate Kevin McConville continued calls for investigation into a phone call two months ago between incumbent Sheriff Robert Langley Jr. and Carmel Town Supervisor Ken Schmitt, calling the recorded call "Putnam County's version of Watergate."

New York is a one-party consent state, which means that only one party must know about and OK the recording of a phone call. A recording of the call was made public through a FOI request and posted on blogger Putnam County Watchdog Report's Facebook page for a short time.

The conversation took place on Langley's county-issued cell phone.

"Under the Public Information Act phone recordings, eMails, reports and such are subject to FOIL. Law enforcement has historically recorded phone calls since they had the ability to do so," Langley told Patch in response to a request for a statement on the issue. "The recording of any conversation requires that at least one party taking part in the call be notified. I presume all calls I make as Sheriff are recorded for the protection of both parties."

During a news conference Friday on the steps of the Putnam County Courthouse, McConville called for the Putnam County district attorney and New York attorney general to investigate. He said the call was "dang near criminal" and then in a news release called it criminal.

McConville said the call between Schmitt and Langley violated Putnam County code because the latter has an interest in being re-elected, which is a defacto financial interest, and because he used a county-issued phone for personal convenience; and that it violated New York State penal and election law because Langley used the phone to benefit himself and both parties were therefore illegally conspiring to prevent McConville's election.

He said the recording was FOILed and publicized by a Langley campaign team member.

Neither the Putnam County district attorney nor the New York State attorney general responded to Patch's request for comment.

The bloggers responded to McConville on Facebook by calling it "faux outrage" designed to distract people from Schmitt's comments about Putnam Republicans. Schmitt, who had sought re-election, lost a Republican primary in June.

"At no point was the fairly damning content of the call mentioned, where Carmel Town Supervisor of 14 years, Ken Schmitt, seemed to imply that the Supervisor primary was rigged in his opponent's favor, and later acknowledged that his GOP colleagues play political games that are "counterproductive" and "threaten the health and safety of our residents." Wow! Explosive stuff!

McConville, a Putnam County native, has over 30 years of law enforcement experience, having worked for the Metropolitan Transportation Authority Police Department, culminating with the rank of Chief of the Department. More recently, he served as director of security and emergency management services for New York-Presbyterian Hudson Valley Hospital in Cortlandt.

This is his second run for county sheriff. In 2013, he ran against the Putnam Republican establishment. SEE: McConville Formally Requests NYS Board of Election Supervise Putnam County Sheriff's Race and to Impound Ballots