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Delano: Frank Clark Lied Twice...The Real Reason He Was Suspended Written by Glenn Gramigna, Editor Monday, 24 March 2008
Dennis Delano Part I: A Cold Case Detective Who Refuses To Let His Own Case Go Cold
Suspended Buffalo Police Detective Dennis Delano has been accused of being many things, but one thing he is not is a phony. In an interview at a local restauant, he alternately accepted the congratulations of citizens and spilled his guts to this reporter, knowing full well that his views, when published, would only get him into worst trouble. For starters, he accuses Erie County District Attorney Frank Clark of lying at least twice: once when he claimed he took no part in the decision to grant likely serial killer Dennis Donahue immunity while putting innocent grieving mother Lynn DiJac in jail for killing her daughter on the testimony of a convict seeking a lighter sentence...and a second time when he claimed that Crystallin died of "a cocaine overdose," not strangulation.
Delano also claims that his suspension was a tag team effort between Clark, Buffalo Mayor Byron Brown, and Queen City Police Commissioner McCarthy Gipson.
"What happened was that Clark felt that I was embarrassing him and wanted to get rid of me," Delano suggests. "So he called Brown and Brown called Gipson. Commissioner Gipson doesn't do anything without consulting the Mayor. That's how it happened."
Getting back to the 15 year old decision to give immunity to Donahue, Delano argues that the prosecutor in the 1993 case has told him that it was then Executive Asst. DA Frank Clark who Oked the deal that gave a serial killer immunity while unjustly putting a mother in prison.
"It's now as it was then that it is the #2 man in the DA's Office who makes decisions regarding grants of immunity," Delano claims. "So that is a decision that would be made by then Executive Asst. District Attorney Frank Clark. That's what the Asst. DA who was prosecuting the case has told me. Later on we found out that Dennis Donahue was implicated in the Joan Giambra murder and possibly others. They put Lynn Dijac in prison for years based on the testimony of a convict who had already been convicted of two felonies and who would say anything to avoid getting 30 years based on the three strikes and you're out law....There was no physical evidence that she did it, only the testimony of a career criminal."
According to Delano, the other "lie" is better known, namely Clark's public statement at a joint press conference with veteran medical examiner Michael Baden that Crystallin died of "a cocaine overdose," a claim ow which this South Cheektowaga grandfather is openly contemptuous.
"How coud he stand up there and lie about what happened to that poor little girl," Delano asks with a look of real pain on his face. "A cocain overdose?...She died of strangulation...How can they sleep at night knowing the real killer is still walking the streets just to avoid being publicly embarassed or for some political reason. I just couldn't imagine doing something like that. How do they look at themselves in the mirror?"
As for the still controversial decision to suspend him, Delano maintains that there was no legal reason for it.
"They are saying they suspended me because I released evidence to the media," he says. "But at that time, they were saying there was no murder case because Crystallin died of a cocaine overdose! How could I have released evidence in a case that didn't exist? Also they are saying that I talked to the media after I was specifically told not to. But, that's not true either because I never talked to the media while I was on active duty AFTER I was told that, only before."
Why did Detective Delano continually make his case to the media rather than going through established channels?. In a recent interview with NewWNYPolitics.com Commissioner Gipson dismissed Delano as merely, "the first one to go to the media," not the most effective investigator. On the other hand, he claims that it was sometimes necessary to go to TV stations and the News in order to achieve his goal of real justice.
"I went to the DA's Office with information indicating that Anthony Capozzi wasn't guilty and the DA's Office wasn't interested until I went to the TV stations and then they became very interested," Delano contends. "I only went to the medial to achieve justice. If the DA had shown any interest in freeing Anthony Capozzi and finding the real killer, I would not have done it."
How is it that, in his view, he seems to be one of the few on the local law enforcement scene truly interested in justice?
"There's an Italian expression, 'De Facha," he tries to explain. "It means, 'No face.'...These men have no face. They are more intererested in looking good than in convicting a guilty person or in getting an innocent person out of jail. It's a terrible thing."
In Part II, Detective Delano talks about the origins of his dedication to solving cold cases...The next step in his own appeal process...His future...How that infamous video got to Ch. 2..The amazing public support he's received...Why he's risking everything to stand up for what he believes.