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Lawyer: Police charged wrong guy in attempted kidnapping case

The lawyer of an accused attempted kidnapper said he has video footage proving his client was in Albany during the time of an attempted kidnapping on Sand Creek Road at 4:25 p.m. Saturday, March 7.

Attorney James E. Long said that while, there is no question that the young lady was attempted to be abducted, Brian McArdle, 27, of Albany, the developmentally disabled man accused of the crime, was at his home when the incident was said to take place.

According to Long, McArdle, who has "the mental reading capabilities of a seventh-grader, although he doesn't look it," started out his afternoon by dropping off some friends from his bowling league. He then went to McDonald's Restaurant on Wolf Road and was "horsing around with his car," at about 2 p.m., Long said.

According the Long, after speaking with police about the McDonald's incident, McArdle went to Lowe's and Target before returning the home he shared with his parents. At approximately 3:12 p.m., Long said, McArdle's mother called and left a message asking where he was. McArdle then returned the call at 3:22 p.m. and walked into his house at 3:35 p.m.

McArdle told his mother that he was running out of gas and asked her if he could have $10 to put in his tank, Long said. His mother gave him the money, and at 4:43 p.m., Long said, there is video footage showing McArdle pulling into a gas station on Madison Avenue in Albany.

Colonie police dispatched a car to the victim's house at 4:26 p.m., Long said.

"At 4:26, I say that Brian was at home, at his parents' house, because literally 20 minutes later he's getting gas in the neighborhood gas station," Long said.

Although Long said that according to MapQuest it is possible to get from the location of the attempted kidnapping to the gas station in about 14 minutes, MapQuest does not take into account "other factors," such as traffic, stop lights, and the time it takes to get in and out of the car.

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