Delano attorney recommends appeal

BUFFALO, N.Y. (WIVB) - Embattled Buffalo Police Detective Dennis Delano will likely keep his job, despite being found guilty on departmental charges.

Dennis Delano is said to be very upset Tuesday night, even though a fact finder did not recommend termination from the Buffalo Police Department.

Delano wants to be vindicated and may very well appeal the findings.

Buffalo Police Commissioner McCarthy Gipson said, "Detective Dennis Delano has been found guilty of all charges."

Detective Dennis Delano, a 24 year veteran of the force, will be suspended without pay for 60 days for insubordination, but will hold on to his job, if the police commissioner goes along with the hearing officer's findings.

Commissioner Gipson said, "Ultimately the decision and the penalty is on my shoulders as commissioner in the Buffalo Police Department."

Delano had given the media video evidence of the scene where the body of Lynn DeJac's daughter Crystallynn Girard was found.

Buffalo Police say that created a serious breach in the chain of custody of evidence.

Delano also disregarded orders to stop talking to the media regarding Crystallynn's death, which Delano considered a homicide, and believed a murder was being covered up.

Delano's attorney Steve Cohen said, "It's important that his actions be cleared of all charges and be praised for his actions. His actions directly resulted in the pursuit of justice, the uncovering of evidence that had been covered."

Commissioner Gipson had hoped the decision would be termination of employment for Delano.

Gipson said, "In my mind, the violation of the chain of custody and the disregard for a direct order, written order and verbal order, are the most egregious violations that he had."

The hearing officer sited the good work Delano had done over much of his career, including his work on the Bike Path Rapist case, as reason not to recommendation termination of employment.

Detective Delano has one more hearing set for Friday, to present any final thoughts before the commissioner decides on his punishment.

Delano's attorney is recommending an appeal.