The Binghamton City Council unanimously passed a resolution condemning the conduct of former police chief Joseph Zikuski and calling for a full investigation of his actions at its meeting on Wednesday night.
On Thursday, WSKG confirmed that after a request from Broome County District Attorney Paul Battisti, a special prosecutor was assigned in July, shortly after the incident that led to an investigation of Zikuski.
Otsego County District Attorney John Muehl was appointed to oversee the criminal case against Joseph Zikuski’s girlfriend Susan Rice.
Rice is facing three charges stemming from her punching a 16-year-old neighbor. The incident was captured on video and spread widely on social media.
Battisti said the special prosecutor's investigation includes some of Zikuski’s actions uncovered in the city’s independent investigation.
“The appointment of a special prosecutor is there to review anything that is relatively related to the incidents that are alleged to have occurred in July,” Battisti said. “That report references possible discovery issues regarding what is alleged to have occurred, merely an allegation. So that report was forwarded accordingly to someone else who is already looking at that. My office has no involvement in it.”
A special prosecutor is required when a district attorney has a conflict of interest, or if there might be the appearance of a conflict of interest relating to a case.
The independent investigation by the law firm Lippes Mathias LLP was only looking into whether Zikuski violated any city or police department policies. That report was released earlier this month. It found Zikuski had violated numerous city and department policies.
The city council resolution calls for the county district attorney and state Attorney General’s offices to look into “potential criminal or professional misconduct including any violations of state law regarding tampering with public records, obstruction of governmental administration or misuse of public resources.”
The resolution also calls for investigation into possible wrongdoing by the former chief and whether any misconduct affects “prior or future prosecutions” involving the then-chief’s leadership or testimony. It also calls for reviews by other state offices to determine whether Zikuski is still eligible for any law enforcement credentials or retirement benefits that may have been obtained through false or unethical obtained pretenses.
Zikuski resigned effective October 6 after over 45 years in the police department and 17 as its chief.
