Mother 72, Daughter 49, Charge Yonkers Police Brutality

Tina Bostwick, age 72, a lifelong resident of Yonkers, who grew up in the house next door to the one she lives in, behind Saunders High School, and her daughter, Mary 49, the business manager of a school district for disadvantaged children, are charging the Yonkers Police Department, and specfically, Police Officer Steven Gratzon, with Police Brutality.

The Bostwicks called THE WESTCHESTER GUARDIAN to their home near Palmer Road in Yonkers several days ago, because as they put, “We have nowhere else to turn.”

Sitting with these women for more than two hours it was plainly apparent to this reporter that neither had gotten over the horrific experience that they suffered nearly a year ago, at the hands of the Yonkers Police Department, nor from their subsequent treatment by the administration of Mayor Phil Amicone, and the City Court System.

Mary, the daughter, who was roughed-up, and manhandled, and denied her Constitutional Rights, is far from over the incident, or the administrative and judicial mishandling that followed. She is unable to discuss the matter at any length without crying, and would appear to be suffering Post Traumatic Stress.

The incident, that has literally turned this mother and daughter’s lives inside out, occurred on October28, 2005 at approximately 9:30 PM. They were relaxing at home when a young man, 19 came running to their door pleading with them to call the police because his 16-year-old friend who was standing with him, had been beaten by their neighbor across the street, and was bleeding profusely from the mouth and face. The Bostwicks immediately phoned for the police and began to administer first aid and comfort to the youngster.

As Tina Bostwick recalls she was surprised and pleased that the Yonkers Police, apparently responded quickly to their telephone call, in light of the fact that she and her neighbors had been complaining for some time about the slowness of Yonkers Police Department response and their frequent “failure to come out of their cars when they do come.” In fact, she and several members of the community had met, just three weeks earlier with Mayor Amicone, Police Commissioner Taggart, and other City officials at Saunders High School to air their concerns about police responsiveness and other issues.

She now believes that the police who promptly arrived at the scene were responding to an earlier call prompted by the fight that resulted in the teen’s head injuries.

Mary Bostwick states that she was attempting to speak with another officer about the injured youngster, on the sidewalk in front of her house, when Police Officer Steven Gratzon, grabbed her from behind, without provocation, handcuffed her and flung her into a police car. She sustained bruises to her arms and body, from Officer Gratzon, who she says “ turned into a madman.” While this was occurring, her 72-year-old mother, Tina was being shoved aside, and prevented from comforting her daughter, or even bringing her her shoes.

Mary Bostwick was locked up, and booked, and initially charged with Disorderly Conduct. She was held in custody for several hours, in the company of common criminals. What followed that horrific, violent night has further instilled fear and emotional distress in this mother and daughter. For one thing, as if in retaliation for earlier complaints, and also to gain leverage over them, the Yonkers Police Department upgraded the charge against Mary Bostwick to Obstructing Governmental Administration In The Second Degree, a violation of Penal Law PL 195.05, a misdemeanor.

Six days after the incident, on November 3rd, Sergeants Capalbo and Holden showed up at the Bostwick residence claiming that they were not there because of the incident, but rather because of the complaints registered at the public meeting with Mayor Amicone almost a month earlier. After telling thed two sergeants what had happened, and that they intended to file a report at the First Police Precinct, one of the sergeants responded, “It’s ninety-nine percent your report will never get past the Captain.”

Mary Bostwick appeared in Yonkers City Court expecting that Judge Duran after hearing what had actually occurred would dismiss the charges. But it did not turn out that way. She was advised to get a lawyer and return to answer the misdemeanor that her charges had been upgraded to. Jay Hashmall, former high-level assistant to Mayors Spencer and Amicone, got involved at this point, introducing her to his law partner Michael Bank, who was happy to accept her case for $3,500.

When she protested to he new attorneys that she had done nothing wrong, and wanted to fight the false charges against her, seeking a dismissal, Jay Hashmall who was careful to tell her to keep his name out of it, then advised her, “You’re better off taking an ACD, an adjournment in contemplation of dismissal. You know you could go to jail for one year.” Hashmall was not alone in his preference to protect, and cover-up the violent criminal actions of Officer Gratzon. Dee Barbado told the Bostwicks, “ Why don’t you move?”

The Bostwick women’s experience, while extreme, is by no means unique in dealings with the Yonkers Police Department. On August 21st of this year, an article in THE JOURNAL NEWS, headlined “ Yonkers Police Brutality Alleged” spoke of a meeting attended by Jim Bostic, Director of the Nepperhan Community Center, and Chairman of the Yonkers Violence and Gang Prevention Coalition, as well as Karen Edmonson, President of the Yonkers NAACP. This writer was in touch with each of those individuals, and was advised that Bostic would be conducting a meeting of the Coalition on Wednesday September 13th at the Riverfront Library in Yonkers, which District Attorney Janet DiFiore had agreed to attend.

Having attended that meeting which was, in fact, attended by the DA, her executive assistant Mr. George, Ken Davis, a Yonkers Police Department Youth Outreach Officer, and Captain Sal DiMaggio of the Fourth Precinct, I was disappointed that Mr. Bostic, as a matter of “organizational policy,” would not permit any questions from members of the Press to DA DiFiore. That was an unfortunate decision given the fact that the one hour of discussion which had occurred dealt mainly with the appropriateness of police interaction with youths who had been apprehended either in or out of school, and not necessarily with the overall problem of Police Brutality in the City of Yonkers.

In light of our newspaper’s call for intervention and decisive action by the Westchester District Attorney’s Office weeks ago, and the allegations which had appeared in the local media for many weeks earlier, including the case involving Rui Florim and Andrew Birkenfeld, that began at the Tyrone House Tavern in the City’s Waterfront District, combined with the information provided by the Bostwicks, THE WESTCHESTER GUARDIAN contacted District Attorney DiFiore through her spokesperson Lucian Chalfen. We posed the following three questions:

What is District Attorney DiFiore doing to address repeated allegations of Yonkers Police Brutality?
Has the District Attorney any intention of addressing the problem by looking into the specific claims of civilian victims?

What procedures, if any, have been put in place to deal with offending police officers?

The following responses were received from DA DiFiore’s Office:

ANYONE WHO FEELS THAT THEY HAVE BEEN THE VICTIM OF ANY FORM OF POLICE MISCONDUCT OR BRUTALITY IS ENCOURAGED TO REPORT THE INCIDENT.
THE DISTRICT ATTORNEY’S PUBLIC INTEGRITY BUREAU INVESTIGATES ALL ALLEGATIONSOF MISCONDUCT OR BRUTALITY, WHETHER REFERRED DIRECTLY FROM THE POLICE DEPARTMENT OR FROM A CIVILIAN COMPLAINANT.

COMPLAINTS WHICH ARE SUBSTANTIATED WILL RESULT IN APPROPRIATE ACTION BY THIS OFFICE, INCLUDING CRIMINAL PROSECUTION.

ANYONE WHO FEELS THAT THEY HAVE BEEN THE VICTIM OF EXCESSIVE USE OF FORCE SHOULD CONTACT THE DISTRICT ATTORNEY’S OFFICE AT 914-995-3420.

THE SIX HUNDRED PLUS MEN AND WOMEN WHO ARE THE YONKERS POLICE DEPARTMENT DESERVE THE CONFIDENCE AND RESPECT OF THE PEOPLE OF **YONKERS**. BY COMING FORWARD, VICTIMS OF ALLEGED BRUTALITY OR MISCONDUCT ARE NOT ONLY SPEAKING UP FOR THEMSELVES, BUT ALSO FOR THE INTEGRITY OF THE YPD AS WELL.

THE WESTCHESTER GUARDIAN goes on record to state that We believe the overwhelming majority of the six hundred, or so, police officers in the Yonkers Police Department are hardworking, honest, public servants, who daily go about their work in a lawful and respectful manner. However, there can be no denying, in the face of repeated allegations from credible victims, that there exists a certain small element, perhaps only a handful, no more than one percent of the force, who are not only criminally inflicting physical, and other, punishment upon citizens and residents, in violation of their Civil Rights, but also destroying the reputation and authority of the Department in the process.

These cases must not be swept under the rug, or bought off by City Government. Rui Florim a young man who was accosted and beaten by several Yonkers Police Officers in the Town of Greenburgh, required seventy stitches and five days in a hospital intensive care unit to recover. He is represented by Attorneys Tony Castro and Ravi Batra, who intend to bring the truth forward. Andrew Birkenfeld, who was likewise beaten and given a broken nose, is represented by Attorney Michael Romano, who will also be pursuing justice. These and several other cases will not simply go away, and We intend to follow their progress, and that of other victims, in an effort to keep our readers,and the Westchester Community, at large, informed.

THE WESTCHESTER GUARDIAN encourages our readers to come forward, if they, or someone they know have been the victim of police brutality anywhere in Westchester. We firmly believe that there is no place in a free society for that kind of unlawful and abusive treatment by persons entrusted to uphold the law!