The Curious, Concerning, and Sad "Case" of Michael Madison [with 5 updates]

If anyone embodies the current issues with law enforcement and public safety in Hudson (and the entire country), especially as it relates to the mentally ill and those with substance abuse issues, it might be the one person most commonly seen in and around the 7th Street Park.  His name is Michael Madison, and his criminal history serves as a warning bell, I think.

According to records found on the NY State Division of Criminal Justice Services website, Michael Madison has been a level 2 Sex Offender since 1996.  Hudson Police arrested Madison on March 9 of that year for the sexual abuse of a 12-year-old girl.  Madison was 19 years old at the time.  He was charged with sexual abuse in the 2nd degree and given a sentence of 3 years' probation.  A level 2 sex offender is considered a moderate risk for repeat offense and remains on the NY State Sex Offender Registry for life. 

In early March of last year, according to a Register Star article, Madison was arrested at a Claverack hotel (probably where he was living) for breaking into a woman's hotel room and attacking her.  The charges of burglary and sexual assault (at least one, but possibly both, being a felony) were moved from Claverack Court to the Columbia County Court.  I discovered this information last summer.  Late last fall, curious why I saw Madison regularly in Hudson all summer and fall, and heard his name mentioned regularly in City Court as a no-show, I asked Assistant County DA Carl Whitbeck what, if anything, was going on with Madison's court case, and if Madison had been in jail for the burglary and sexual assault charges.  Carl told me the following:  "Madison was found incompetent to stand trial and sent to Albany to be evaluated.  He was back on the streets of Hudson a day later."  

"So, he hasn't served any time for his crimes in March?" I asked. 

"Not much time, and his case is pending," Whitbeck responded.

"What will it take to get him to trial?" I asked.

Whitbeck told me that if Madison is considered incompetent, there is not much the County DA can do.

I asked about Madison's case at the County Court, at the DA's Office, and at the County Clerk's Office, but got nowhere.  Since Madison's case is "pending," I was repeatedly told that there was no information available to the public.  I could not get an answer as to how long the case could be pending.

In December, I witnessed Michael Madison in Hudson City Court being led into the chambers in prison garb and handcuffs.  He acted perfectly competent while respectfully answering Judge Connor's questions.  He followed his public defender's advice, mostly kept his mouth shut, and even signed some papers.  Then he was led away to serve the remainder of his 60 days in the County Jail for a drug possession charge in Hudson.  No mention of Madison's competency was made.  The County Assistant DA, Carl Whitbeck, was part of that process to incarcerate Madison on the local/city charge of drug possession. Whitbeck represented "the people," as he always does.  Madison's prison stint had nothing to do with the crimes he committed in Claverack in March.

Michael Madison, age 46, is due in City Court next week to answer to several violations (what Police Chief Ed Moore calls "arrests") he has received in and around the park since being released from jail in late January.  (See the March 12th Hudseen article, Sunday in the Park, for more information on this court date).  His violations pile up and nothing changes.  During the day he continues to practically live in and around the park -- drinking beer and vodka, peeing, sleeping, littering, panhandling, eating food from the free fridge a block away.  What violations?  What arrests?  What burglary and sexual assault?  

Back to the County Court and the DAs Office:  How does a level 2 registered sex offender break down a hotel room door and attack a woman inside and serve no time?  What on earth is the County DA waiting or hoping for?  For Michael Madison to finally drink himself to death or get run over while stumbling across the street?  It's as if the Columbia County DA is afraid of Michael Madison, or just feels he is not worthy of prison.  What if Madison had money, or he were Black or Hispanic?  Would the courts still have a hands-off policy with him?  For what reason(s) did the County DA and County Court find Michael Madison to be "incompetent?"  How and when will they next attempt to find him competent to stand trial for his pending case?  Will they ever make another attempt?

In Hudson, this is a result 
of "harassment"

I have called the Hudson Police dozens of times in the past two years about Michael Madison's obscene behavior in and around his lair.  On June 26th, in the 7th Street Park, Madison slugged me twice in the head from behind.  I nearly fell over, and I thought that my eardrum was broken.  If he had been holding a bottle in his hand, I would probably have died right there in the park.  One of his friends, who was also trying to force me out of the park, said "Just stab him in the back" after the second strike.  Another hooligan friend told me to "Get the fuck out of our park."  The responding Hudson police officer charged Madison with harassment, handed him his violation notice with a court date, and let him continue on with his day.  The harassment charge was never adjudicated -- it just disappeared, like all the others, because Madison has no money and harassment is a "non-qualifying offense."  I have asked several Hudson police officers why Michael Madison continues to behave with such impunity, and the response is always the same:  "It's bail reform.  We're doing our part."

Whenever HPD officers arrive to "arrest" Madison and hand him yet another violation ticket or move him along, they regularly treat him like he is one of their own.  Last year, I called HPD because Madison was passed out on a park bench.  The responding officer asked me what the problem was.  I pointed to Madison lying on a bench, and the officer did nothing, saying there was nothing wrong with someone "resting" on a public bench. 

This past Saturday, following my call to the HPD, the responding officer roused Madison from his slumber on the sidewalk of the 700 block of Warren Street, where he often sleeps and panhandles. They then exchanged a fist bump before each went on their way, with Madison headed to the park across the street.

An "incompetent" person, unable to be tried for serious crimes, including sexual assault, sleeping on the sidewalk and fist bumping a Hudson Police officer as if they were best buds.

Update, Tuesday:  When I arrived at City Court this morning, Michael Madison was sleeping against the front of the building, very close to the front door.  Inside, I was told by a court officer that Madison couldn't enter the building because he told them that he "had covid." 

Madison's case was the first on Judge Connor's docket.  For the next 15 minutes, there was discussion about Madison and his several pending city court cases.  For the first 5 minutes, Connor read out loud the several violations and other charges Madison has accrued since early February.  There were "45 cases, mostly for trespassing at Speedway, Lucky's (aka, Citgo), and the Mat laundromat" -- about 30 trespassing in total, all issued by HPD.  In addition, Madison has a criminal possession of a dangerous weapon (apparently a broken glass bottle!); a menacing in the 2nd degree; a disorderly conduct; an illegal discharge of garbage; and, harassment.  Lucky's Citgo has had an order of protection against Madison since February 28th.  According to Connor, Madison was caught trespassing there the following day and given a violation ticket.  Madison may be facing criminal contempt charges for violating that order of protection 10 more times since then. 

Judge Connor said that Madison "knows the magic words to avoid court... having claimed 30 times over the past 3 years that he had covid or flu-like symptoms."  The Assistant DA, Carl Whitbeck said that he would have to "review the violations."  Connor set a new court date for Madison tomorrow and told the public defender that he needs to tell his client (Madison) to show up tomorrow with a note from a doctor showing he has covid, otherwise he must appear inside court to answer to his charges.  There was a brief discussion about Madison's competency, concluding that he was competent.

After court finished 15 minutes later, I bicycled past the 7th Street Park.  There, standing in the middle of the park, was Michael Madison, with a large can of beer in one hand.   I notified HPD.  2 officers in separate vehicles responded within minutes.  An officer told me that since the can of beer was not open, there was no violation.  Madison walked away to the other side of the park, beer still in hand, unbagged, sat down on a bench and lit a cigarette.

Update, Wednesday:  Unsurprisingly, Madison was a no-show for today's court appearance, so Judge Connor decided to set a new date for April 19th.  If Madison appears then and claims that he has flu-like symptoms, "he will be arraigned virtually in the parking lot via cell phone."  As far as I can tell, Madison does not own a cell phone, so presumably, the phone would have to be supplied by his court appointed attorney, County Public Defender Michael Howard.  If Madison is once again a no-show on the 19th, a warrant hearing will be had, meaning there will be a warrant sent to HPD for Michael Madison's arrest.

 

This is what it has come to.

Update, Tuesday, April 11:  In Judge Connor's courtroom today, Michael Madison was a no-show for crimes he committed last week, having been arraigned by Connor on Friday night for criminal possession of stolen property (at least two counts).  Apparently, Madison tried to use, or did use, a stolen credit card.  He was sent to the Columbia County Jail by Connor on Friday with bail set at $3,000.  According to Connor, Madison "refused to come to his court date" this morning from his jail cell.  Connor adjourned Madison's appearance date until next, Monday, the 18th.

Update, Tuesday, April 18th:  Once again this morning, Madison refused to appear in City Court from his jail cell.  Judge Connor, in front of both of Madison's attorneys, said this:  "Michael Madison has advised us that he refuses to come to court today.  I'm not sure what we can do in his absence."  Connor then noted that Madison was due in Claverack Town Court tonight.  One of Madison's attorneys then offered a suggestion to the judge about having Madison arraigned for the Hudson charges in Claverack.  Connor responded, "That will only add to the confusion."  I do not know what charges that Madison is to appear in Claverack Court for.

Update, Wednesday, April 19th: Michael Madison was in front of the Claverack Court Judge last night, but I arrived 2 minutes late and did not hear what charge(s) he was there for.  I did hear the judge say that the case was adjourned until some time in May.  Madison was in striped Columbia County Jail garb, with feet shackled and cuffs on his hands.  Two County Corrections officers drove Madison to the court, and drove him away minutes after court began and his appearance was finished.  Perhaps Madison was persuaded by one of his attorneys that not showing up in Claverack would be a really bad idea.  Why, on the same day, would he appear in Claverack but refuse to appear in Hudson?  All this time and effort for one person, it's so ridiculous.