The controversy over political messages written on a replica of the Declaration of Independence during Putnam County's America 250 celebration has taken a new turn after an unredacted Carmel Police Department report identifying the women interviewed by officers circulated online.
The report, which included the names of the women questioned following the July 4 incident outside the Historic Putnam County Courthouse in Carmel Hamlet, has sparked criticism from activists who say those identified have since faced public backlash and are demanding to know how the document became public.
Police officials with both Carmel PD and the Putnam County Sheriff's Office say they do not know.
"We don't know how it got online," Carmel Police Chief Anthony Hoffmann said in an interview.
Some political leaders and social media posters described the messages as vandalism and said the protesters had "defaced" the Declaration. Republican Tanner McCracken called it "disgusting" and "lawless." County Executive Kevin Byrne called it a "desecration."
One poster suggested those responsible be convicted "to the fullest that the law allows. Or more."
Others argued that the Declaration itself was a document of protest and that placing it in a public place and providing writing implements could be seen as an invitation for protesters to make their feelings known.
Hoffmann said the report was prepared by the responding officer after a 911 caller reported that several people were writing political slogans on the life-sized Declaration replica, which had been placed outside the courthouse as an interactive exhibit where visitors were invited to sign their names as part of the county's America 250 celebration.
According to Hoffmann, Carmel officers arrived first, located three women matching the caller's description and interviewed them. After determining no arrestable offense had occurred, officers documented the encounter in a standard incident report that included the names of those interviewed.
"No one was arrested," Hoffmann said. "The officer concluded there was no crime."
Because the incident occurred on county property, the case was then turned over to the Putnam County Sheriff's Office for any further investigation. Hoffmann said Carmel police emailed a digital copy of the report to sheriff's investigators.
Asked whether the report could have originated from his department, Hoffmann said he has no evidence that it did.
"Anything is possible," he said when asked whether someone could have photographed or otherwise removed a copy of the report. "But I'm confident it didn't come from this office."
The report itself reflects the officer's conclusion that no criminal offense had occurred at the scene.
According to the narrative, one of the women acknowledged writing "500 years of genocide" on the replica after explaining she believed she had the right to express her views on the display. The officer wrote that after speaking with both the women involved and the original complainant, he advised the caller that the subjects "were within their rights to express what they wanted on [the] replica."
No arrests were made, and none of the women were detained.
Putnam County Sheriff Brian Hess said his office likewise did not release the report and does not know how it became publicly available. Both Hess and Hoffmann said even if someone had filed a FOIL request (Freedom of Information Law), the document would not be turned over while the investigation was still active.
Meanwhile, the investigation itself appears to be nearing its end.
When contacted over the weekend, Hess said investigators had only two additional interviews remaining and did not anticipate criminal charges being filed.
"It's one of those damned if you do, damned if you don't things," Hess said. "One side is going to be mad if we arrest someone and the other side is going to be mad if we don't."
A group of local activists issued a lengthy public statement defending the protest while criticizing elected officials from both major political parties over their response.
The statement argues that writing messages such as "Abolish ICE," "500 Years of Genocide" and "Free Palestine" on the replica constitutes protected political speech rather than vandalism. The statement also contends that the women involved have been unfairly targeted after their identities were exposed through the circulation of the police report.
The group also questioned why politicians across the political spectrum publicly condemned the incident while, in the activists' view, failing to speak out on other issues they consider more significant.
"The Democrats said, 'I am saddened,' or 'that wasn't the right time and place,' while the Republicans suggested those involved be arrested or subjected to vigilante justice," the statement reads.
The statement further argues that elected officials focused on whether the protest itself was appropriate rather than defending what the group describes as the protesters' First Amendment rights.
"We have always known that was true for our enemies," the statement concludes, "but the silence of our so-called friends is more deafening than ever."
The statement was signed by 16 supporters from Carmel Hamlet, Mahopac, Brewster, Kent, Putnam Valley and neighboring communities.
The July 4 incident quickly drew sharp reactions from elected officials after political slogans appeared on the replica Declaration.
Byrne called the writing "an act of gross disrespect," while Assemblyman Matt Slater said there is "an appropriate time, place and manner to express political views."
State Sen. Pete Harckham described the incident as "deeply troubling," while also noting that freedom of speech is a fundamental American right.
Appearing on NewsMax2 on July 17, Byrne said the idea behind the replica was to give kids a chance to sign the Declaration to celebrate America’s independence. He said a new replica has been created and will be on display at the Putnam County Fair this weekend so “children can sign again.”
In his NewsMax2 appearance, Byrne also noted that vandals had defaced the recently restored Sybil Ludington statue (see page 16) with spray paint.
“Fortunately, we were able to remove it relatively quickly,” Byrne said. “But this is where we’re at today. It’s very unfortunate.”
Putnam County Sheriff's Office Public Information Officer Sgt. Michael DiVeglio said the statue incident was "still under investigation" but that there was "no known connection between the two incidents at this time."
"There has not been any further damage to the statue since that incident," he added.
From the outset, however, Hess said investigators were examining whether any crime had actually occurred, acknowledging the case presented a difficult balance between protecting public property and protecting First Amendment rights.
Byrne told Mahopac News on Monday that he did not believe writing on the replica was protected First Amendment expression, saying the display was intended as a public civic engagement activity where visitors were invited to "sign the Declaration of Independence," not "decorate it, desecrate it or write whatever you wanted." While he said people have every right to protest and express their views, Byrne argued that "they can do that with their voices and on their own property, not by defacing a public display."
Byrne emphasized that it was his personal opinion.
"The district attorney and law enforcement are the ultimate deciders as to if there's enough evidence to press charges or to move forward with any sort of other allegations of vandalism or any other potential crime," he said.
He said the replacement Declaration has already been signed by members of the public and will remain on display, under supervision, at the Putnam County Fair this weekend, where others will be invited to sign it. Byrne encouraged those upset by the earlier vandalism to add their names, saying it was an opportunity to show "that type of behavior isn't acceptable" and "will not stop you from celebrating 250 years" of American independence.
The two incidents have also prompted renewed discussion about security at county-owned facilities.
Hess said surveillance cameras captured portions of the incident but acknowledged the footage was incomplete because the system relies on motion sensors.
"Improvements could have helped," he said.
Those concerns prompted Republican Putnam County Legislator Jake D'Angelo to send a memorandum to Byrne this week requesting a countywide assessment of security infrastructure.
D'Angelo asked the administration to identify county buildings lacking adequate surveillance, develop a plan to install cameras at sensitive facilities and evaluate other security deficiencies that could leave public property vulnerable to vandalism or theft.
Describing the Declaration incident as "deeply troubling," D'Angelo called the possibility those responsible may have avoided identification because of inadequate surveillance "equally concerning."
He also requested an update for the Legislature on the county's current security infrastructure and any proposed improvements.
Emile Menasché contributed to this report
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