Westchester Guardian Blog

Westchester Guardian Article/Mayor Clinton Young/City of Mount Vernon.

2010-04-01T22:49:00.000-04:00

MAYOR'S CLOSE FRIEND,
AN ALLEGED PEDOPHILE
ACCUSSED OF RAPE AGAIN.

ACCUSSED OF RAPE AGAIN. THIS TIME AN INNOCENT 13 YEAR-OLD GIRL IDENTIFIED MAYOR'S FRIEND AS THE PERPETRATOR

On February 12, 2010, at approximately 3A.M., the Lantana, Florida, police received a kidnapping report about a 13 year-old female runaway. Earlier that night, she had been picked up by one Craig Jones, aide to notorious boxing promoter, Don King. Jones is a Mt. Vernon resident and long-time friend and supporter of Mayor Clinton Young.

The girl admitted running away, and advised police she had been at the Lantana Library using computers until 6:00 P.M. She then went to the coin laundry down the street and stayed there until 10:00 P.M. when Jones approached her in a black SUV. She got in and he drove her to Don King’s home in Manalapan, Florida. Jones was staying there to help re-launch the career of heavyweight boxing champ and convicted rapist, Mike Tyson.

The young girl told police Jones insisted on taking pictures of her which made her uncomfortable. After the photo shoot, Jones had sexual intercourse with the underage girl. As recorded in the police report, after Jones finished with her, he washed up, wiped her down with a towel, drove her back to the Lantana Middle School, gave her $50 and sent her on her way.

Jones denied having sex with the runaway, but admitted he picked her up and brought her to King’s house and later dropped her off.

Sources in Mt. Vernon political circles said Mayor Young knew of Jones’s 2003 sexual abuse conviction in Westchester and could not care less. In that case, Jones forced a 14 year-old Yonkers girl to have sex with him while he took pictures of her. Mayor Young reportedly said: “He paid his debt to society, now let him be.” The jury deadlocked on the sexual abuse charge, and rather than face re-trial, Jones copped a plea with Jeannine Pirro’s prosecutors to a misdemeanor charge of “endangering the welfare of a minor.” Jones was sentenced to three years probation and forced to undergo sex offender therapy, but violated that order in 2006 which added two months to his sentence.

Subsequently, Jones attracted much attention by operating an illegal bar and social club at 10 North 3rd Avenue in Mt. Vernon without licenses and permits. Ultimately, community pressure forced him to close down.

In recent months, Mayor Young has been subject to withering criticism from community activist, Samuel Rivers, for surrounding himself with shady characters such as Department of Public Works Commissioner, Terence Horton, once arrested for illegal weapons possession; Director of Civil Defense, Antoine Lowe, once arrested for soliciting an undercover prostitute; and Building Inspector, John Allyene, alleged to have DWI convictions and a prior arrest for illegal weapons possession.

A rape examination of the 13 year-old Florida victim was performed by William Rosenstein, M.D. He reported to Lantana Police the runaway was positive for sexual abuse and dried semen. A fresh tear of her hymen was still bleeding at the time of examination, and bleeding in the vaginal vault behind the hymen indicated very recent penetration. The runaway claimed she was a virgin prior to being raped by Jones.

Clinton Young was a county legislator for many years before he became Mayor of Mt Vernon, and has been in the public eye for years. It is simply inexcusable for a public official to associate with anyone convicted of sex crimes against children. If Jones is convicted of this horrific crime -- which bears striking resemblance to Jones’s 2003 case involving a similarly young victim – then Jones like will be sent away for a long time, and Mayor Young will have one less acolyte at his re-election fund raisers, and one less criminal at his side when he delivers his concession speech following the 2011 mayoral election.

Westchester Guardian Article/The Court Report/Richard Blassberg.

2010-03-25T09:36:00.000-04:00

Banker Busted - Ripping Of TARP.

Former New York Bank President First Charged With Attempting To Defraud TARP
Bank Seized To Protect $500 Million In Deposits.

PREET BHARARA, the United States Attorney for the Southern District of New York, NEIL M. BAROFSKY, the Special Inspector General for the Troubled Asset Relief Program (“SIGTARP”), JAMES T. HAYES, JR., the Special Agent-in-Charge of the New York Office of the Department of Homeland Security Bureau of Immigration and Customs Enforcement (“ICE”), RICHARD H. NEIMAN, the Superintendent of the Banks of New York (“NYSBD”), GEORGE VENIZELOS, the Acting Assistant Director in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”),and JON T. RYMER, Inspector General of the Federal Deposit Insurance Corporation (“FDIC-OIG”), announced the arrest of CHARLES J. ANTONUCCI, SR., the former President and Chief Executive Officer of the Park Avenue Bank, on allegations of self-dealing, bank bribery, embezzlement of bank funds, and fraud, among others. ANTONUCCI also was alleged to have attempted to fraudulently obtain more than $11 million worth of taxpayer rescue funds from the Troubled Asset Relief Program, or TARP. ANTONUCCI is the first defendant ever charged with attempting to defraud TARP. Additionally, ANTONUCCI was alleged to have used the Park Avenue Bank in a scheme to defraud two pastors of a Florida congregation out of more than $100,000 set aside to build a new church.

ANTONUCCI was arrested in Fishkill, New York. He is expected to appear in Manhattan federal court.

On the evening of Friday, March 12, 2010, the NYSBD seized The Park Avenue Bank and appointed the FDIC as receiver; FDIC has arranged for the sale of The Park Avenue Bank.

According to the Complaint unsealed in Manhattan federal court:

The Park Avenue Bank

The Park Avenue Bank was a federally insured bank headquartered at 460 Park Avenue, New York, New York, with retail branches in Manhattan and Brooklyn. The bank’s clients consisted primarily of small businesses, for whom the bank made loans, extended lines of credit, and maintained depository accounts. As of the end of 2009, the bank had approximately $500 million on deposit, and over $520 million in assets. ANTONUCCI served as President and Chief Executive Officer (“CEO”) of The Park Avenue Bank from June 2004 to October 2009, and also served on its Board of Directors.

The Park Avenue Bank was federally-insured and regulated by the FDIC. Also, as a bank chartered under the laws of New York State, The Park Avenue Bank was regulated by the NYSBD. The bank was required to make certain regular disclosures to these regulators demonstrating that it was financially sound and that it had adequate capital.

FDIC and NYSBD regulations require banks such as The Park Avenue Bank to maintain certain levels of capital, as a percentage of the bank’s total assets. Banks that do not maintain appropriate levels of capital are subject to various restrictions on their activities, and may be required by regulators to raise additional capital. Banks which do not meet minimum capital requirements can be closed by the NYSBD or the FDIC.

The Park Avenue Bank was also an applicant to the Capital Purchase Program of the Troubled Asset Relief Program (“TARP”). The purpose of TARP was to provide funds to stabilize and strengthen the nation’s financial system by increasing the capital base of viable institutions, enabling them to increase the flow of financing to U.S. businesses and consumers. TARP funds were made available to qualifying banks; one of the critical elements of the TARP qualification process was the capital position of the applicant bank.

Self-Dealing, Bank Bribery, And Embezzlement
The Complaint alleges that ANTONUCCI engaged innumerous instances of self-dealing while President and CEO of The Park Avenue Bank, including authorizing extensions of credit and overdrafts to customers with whom he had financial relationships; authorizing extensions of overdraft credit to a customer in exchange for the use of the customer’s private plane; and causing the bank to make improvements on, lease, and pay expenses for properties owned by ANTONUCCI.

The Easy Wealth Line Of Credit

ANTONUCCI used a company he owned, Easy Wealth Group, Ltd. (“Easy Wealth”), to fraudulently obtain funds from _ e Park Avenue Bank. ANTONUCCI could not authorize the extension of credit by The Park Avenue Bank to his own company without violating the bank’s rules against self-dealing.
Accordingly, to mask his interest in Easy Wealth, in early 2006, ANTONUCCI approached an associate and offered to make him president of Easy Wealth (the “Easy Wealth president”), with the understanding that his first order of business would be to apply for a line of credit from _ e Park Avenue Bank.

The Easy Wealth president applied for a line of credit from The Park Avenue Bank in the amount of $300,000. ANTONUCCI personally approved the line of credit and later increased it to$400,000. ANTONUCCI even assisted the Easy Wealth president in preparing the line of credit application documents. The application as submitted contained numerous misrepresentations, including false statements concerning the Easy Wealth president’s personal assets and a fabricated business plan that contained false information about Easy Wealth’s financial condition and earnings. After the Easy Wealth president had drawn down the line of credit, ANTONUCCI approached him and demanded that he pay$70,000 to ANTONUCCI in the form of interest-free loans. ANTONUCCI only repaid $50,000 of the money. Easy Wealth ultimately defaulted on the fraudulently obtained line of credit, causing a loss to The Park Avenue Bank of $400,000.

The Oxygen Overdrafts

ANTONUCCI also approved approximately $8.5 million worth of over- drafts at The Park Avenue Bank to companies (the “Oxygen-related entities”) controlled by a co-conspirator(“CC-1”), who was a close associate of ANTONUCCI’s. Through the Oxygen-related entities, CC-1 brought numerous deposit accounts to The Park Avenue Bank, and submitted, or caused to be submitted applications for numerous loans from the bank.

On more than ten occasions in 2008 and 2009, ANTONUCCI used CC-1’s private plane to fly for free to, among other places, Florida, Panama, Arizona (so that ANTONUCCI could attend the Super Bowl), and Augusta, Georgia (so that ANTONUCCI could attend the Masters golf tournament). All the while, ANTONUCCI approved over $8 million in overdrafts for the Oxygen-related entities’ various accounts at The Park Avenue Bank. On one occasion in 2009, when a check issued by an Oxygen-related entity bounced,CC-1 communicated to ANTONUCCI that he would not be allowed to use CC-1’s private plane.

Westchester Guardian Article/Domestic Violence.

2010-03-18T21:16:00.000-04:00

Domestic Violence Hurts!

Domestic Violence From Your Child’s Perspective “Mommy And Daddy Are
Fighting Again”

Domestic violence and family violence are interchangeable terms and they
describe a situation that affects every member of the family, especially
children. Family violence creates a home environment in which children live
in overt and covert discomfort and fear. Children who witness family
violence, domestic abuse are affected in ways similar to children who are
themselves physically or psychologically abused. They are often unable to
establish secure and nurturing bonds with either parent.

Children are at greater risk for abuse and neglect if they live in a violent
home. Statistics show that over 3 million children witness significant
violence in their homes each year. Those who see and hear violence at home
suffer psychologically, physically and emotionally and may ultimately
imitate the same behavior towards their peers, teachers and family.

Children exposed to domestic violence are more likely to develop social,
emotional, psychological and behavioral problems than those who are not
exposed to such behavior. Recent research indicates that children who
witness domestic violence tend to show more anger, anxiety, and low
self-esteem than children who do not. The trauma they experience can
manifest itself in identification with the aggressor, and the emotional,
behavioral, social and physical disturbances that interfere with their
development often continue into adulthood.

How Children Are Affected

We know that it is very upsetting for children to see one of their parents
(or partners) abusing or attacking the other. Children, depending on their
age and gender, react differently to domestic violence.

Younger children may become anxious, complain of stomachaches, and/or start
to wet their beds. They may find it difficult to sleep, have temper
tantrums, and become developmentally arrested psychologically, emotionally
and behaviorally. Amongst older children, boys may become aggressive and
disobedient, identifying with the aggressor. They may even begin to use
violence as a mechanism to solve problems. Some may turn to substance abuse,
while others may simply drop out of school.

Girls are more likely to internalize their feelings and distress. They may
withdraw from other people and become anxious or depressed and may exhibit
low self-esteem, often developing somatic complaints. They are more likely
to have eating disorders, or do harm to themselves by taking sedatives,
drugs and alcohol, while still others may mutilate themselves.

Children who witness violence at home often struggle with schoolwork. They
frequently suffer from symptoms of anxiety, depression and/or posttraumatic
stress disorder, experiencing nightmares and flashbacks.

Long-Term Effects

Children who have witnessed family domestic violence are more likely to
become either abusers or victims themselves. Children tend to copy the
learned behaviors of their parents. Boys learn from their fathers to be
violent to women. Girls learn from their mothers that violence is a way of
life.

Westchester Guardian Article.

2010-03-11T22:47:00.000-05:00

In Search Of...
A Genuine Public Servant

Breathes There A Genuine Public Servant?

It has been a tough, depressing winter here in Westchester, made more so by the constant revelation of corruption and misconduct in office by individuals who have been entrusted with our hard-earned tax dollars, not to mention our faith and good wishes. Even those of us with a healthy distrust, born of decades of involvement with, and observation of, government at every level, are experiencing a sense of disappointment that seems to know no floor.

It would appear, particularly in County government, that the upper level, the administrators, commissioners, deputy commissioners, of so many departments, in so many instances, are not only unqualified and incompetent, but also far too willing to go along with the program. For 12 years under the incubator environment installed by Larry Schwartz and protected by both Jeanine Pirro and Janet DiFiore, the culture of corruption, the germ of infestation, has multiplied and thrived to the point of complete dominance.

Megalomaniac that he is, Schwartz would go about intimidating Seniors who might get in his way, telling them he was “the most powerful man in Westchester;” and, indeed, he was. No County employee would dare upset him. No candidate for public office, including State Supreme Court Judge’s, Could run without his blessings. Not one penny contributed to the Democratic County Committee existed that wasn’t under Larry’s control.

He controlled not only all of the funds contributed to the County Committee by raising them at event after Spano event. But, more importantly, he controlled the nearly $2 billion County budget. Under Larry Schwartz, a $70 million, 5-year contract renewable for five more years, was flipped and turned into an $87 million deal with a carting company New York City refused to do business with. After all, he had his super-majority in his pocket, having financed their election to the County Legislature. When he told them to jump, they only asked, “How high?”

If the extra $17 million to haul trash wasn’t enough of an insult to wary County Taxpayers, he had a mold-infested, leaky old building in Ardsley that one of Andy’s big contributors couldn’t unload on anybody else, having tried for more than five years. At public hearings, not one citizen spoke in favor of the sweetheart deal, but we own it anyway, and the cost may very well reach $20 million!

A year ago, Larry brought his talents to Governor Paterson; and, look at all the good he’s done up there.

Meanwhile, back here in Westchester, we’ve had our share of political antics and crime what with the election fraud of Ken Jenkins, Jose Alvarado, Wilson Soto, and Wilson Terero and Company, supported by Commissioner/ Chairman Reggie LaFayette and his staff of tax payer paid collaborators.

Adding a new dimension to the Board of Legislators, we now have a coke-snorting legislator from the 15th District, Gordon Burrows, a 52-year-old so snowblind that he couldn’t wait to getto his hotel room and decided he would snort with his buddy at a gas station. Interestingly, in each of his public statements of supposed regret, the last group he acknowledged, just before his dog, were his constituents.

Mind you, though, he’s not giving up that $1,000-a-week parttime job for anyone. Hey, where’s he going to get the money for blow if he does the right thing?

Then, there’s Mayor Bradley of White Plains.

Keep in mind this three-ring circus of crime and corruption here in Westchester is going on with the full knowledge and culpable protection of one DA Janet DiFiore, whose husband tried to bribe the Right-to-Life candidate of the ballot when she ran in 2005. Janet DiFiore ran as a Republican for County positions three times, but, was really a Democrat at heart. Not.

It’s so comforting to know we have someone of her character and principle to protect us from all of the crime and corruption of her buddies and cohorts; isn’t it?

Westchester Guardian Article/Gordon Burrows/Ken Jenkins/In Our Opinion.

2010-03-04T18:53:00.000-05:00

Jenkins & Burrows
Both Belong In Jail

In Our Opinion...

Jenkins And Burrows Both Belong In Jail

We believe it’s ludicrous that media, The Journal News, and Cablevision News12, approach the likes of Ken Jenkins, unlawfully occupying a seat on the Westchester County Legislature, for an opinion with respect to the arrest of Gordon Burrows for the use and possession of cocaine. Jenkins was quoted as saying, “As a legislative body, we work according to the law.” If that were so, Jenkins and Burrows would both be locked up. Mr. Jenkins is a liar, straight and simple. Consider the irony in the present situation. Jenkins, his wife and children, live at 108 Bushie Avenue, Yonkers, in the 15th Legislative District, which just happens to be Gordon Burrows’ district. Burrows knows that, and so does every other legislator. Yet, Jenkins, without any opposition, took over the seat once occupied by Andrea Stewart-Cousins, in the 16th District, by committing a felony, Election Fraud, re-registering, fraudulently, in December 2006, claiming a multi-family dwelling on Moultrie Avenue, more than half a mile from where he actually lives, as his domicile.

If prosecuted on just one count of Election Fraud, and convicted, he will be subject to four years in prison and a $5,000 fine. As it stands, he’s guilty of several counts over the last three years or more.

Ironically, of all of his 16 co-conspirators, the one who had the greatest obligation to expose Jenkins’ arrogant fraud, was Gordon Burrows, in whose district Jenkins actually lives. But it is so conspicuous that the County Legislature is one big joke on the taxpaying public, an unnecessary extra layer of political fat.

To prove their corrupt commitment to each other’s ripoff of their constituents, they made Jenkins their Chairman, in effect saying, “We know he’s committing a fraud, and doesn’t belong here. But we’ll show you how much we care about you people who pay our salaries and benefits. We’re going to put this fraud in your face by making him Chairman of the Board.”

Imagine, Jenkins had the gall to tell a reporter for The Journal News, referring to Burrows, “He is not the first person in Countyemployment who has been arrested, but we are held to a muchhigher standard.”

Mr. Jenkins, we couldn’t agree more. You and your co-conspirator buddies should be held to “a much higher standard,” and both you and Mr. Burrows should be locked up. No ifs, ands or buts about it.

Westchester Guardian Article/The Court Report.

2010-02-25T00:00:00.000-05:00

Judge Sentences Kerik To Substantially More Than Upper Level Of Federal Guidelines.

Grants Him Three Months Before Surrendering To Prison United States District Court, 300 Quarropas Street, White Plains Judge Stephen C. Robinson, Presiding.

Last Thursday morning, February 18th, former New York City Police Commissioner Bernard Kerik appeared for sentencing before United States District Court Judge Stephen C. Robinson following his plea of guilty to eight separate felony charges. Although not binding on Robinson, Kerik’s attorney, Michael Bachner, had come to an agreement several months ago with federal prosecutors Michael Bosworth, Perry Carbone and Elliot Jacobson, that his guilty plea would subject him to a sentence of between 27 to 33 months should the sentencing judge elect to follow the Federal Sentencing Guidelines.

Robinson opened the session at 10:11am with the statement, “We are here to sentence Mr. Kerik on his guilty pleading to eight felonies.” Addressing Kerik’s attorney, the Judge then said, “Let me first turn to you, Mr. Bachner; have you had a chance to go over the pre-sentence report?”

Bachner replied, “We have,” and then indicated that any prior issues with the report were “deemed to be resolved.”
Robinson then turned to Bosworth, Carbone and Jacobson, who indicated they, too, were satisfied with the report.

The Judge then reviewed all of the five documents that he had read, (1) the pre-sentence probation report, (2) the sentencing memorandum from Defense Attorney Bachner, (3) the sentencing memorandum from the Government, (4) letters and statements from Kerik supporters, and (5) Kerik’s plea allocution.

Robinson then said, “Let’s move forward,” signalling Attorney Bachner’s opening remarks. Bachner declared, “Bernard Bailey Kerik is before
you with the deepest humility and remorse, Your Honor. He knows by his conduct that he’s let people down.” Bachner emphasized the need for the Court to impose a sentence “sufficient, but not greater than necessary, to achieve the Court’s goals.”

Bachner took the opportunity to remind Robinson that his client’s plea understanding with the Government involved a sentence that would be between 27 and 33 months. He then went into an account of how Kerik, as a detective with the NYPD, had saved the life of a fellow detective, Hector Santiago, at the scene of a “drug buy gone bad.” Bachner referenced “a Talmudic” that “One who saves a life, saves the World.” He then declared, “Your Honor, Bernard Kerik has rescued the world many times over.”

Robinson then broke in with, “I’m going to interrupt your statement. At the same time we have a good cop, the good commissioner, we have the man who was violating the law. Not a bad day, or bad week, or bad year, but all the time.” The Judge repeats, “At the time he is doing good things, he is also violating the law.”

The Judge went on, “He had things on his website that trouble me no end; making it appear he was innocent, and prosecutors were not acting in good faith. We had Mr. Kerik violating orders of this Court, willing to violate the law and obstructing the investigation.”

Bachner broke in with, “Mr. Kerik is a complicated person. He would acknowledge he was inconsistent and wrong. When you’re so high on the pedestal, your fall is very painful.”

Robinson came back with, “At one point I told Mr. Kerik, ‘as you rise through the ranks of public service, you now receive but’...” The Judge was making the point that high office was not necessarily accompanied by high financial reward. He declared, “My law clerks will leave next year and make more money than I do. I can’t afford to send my daughter to the college she goes to.”

He then asked rhetorically, “What is the message that is sent by this sentence today?”

Bachner, as if to calm Robinson down, countered with a remark about general deterrence, and then added, “Twenty-seven months is no slap on the wrist.”

But Robinson was not to be stifled. He came right back with, “I am very seriously thinking about going above the Guidelines.”

Bachner then reminded him of the “27 to 33 month agreement.”

Again, the Judge came right back, “That doesn’t bind me.”

Bachner, going for broke, then said, “Heroism and public service must be taken into account.” Then shifting gears a bit, he declared, “Mr. Kerik is an extraordinary good person in so many ways. We have an obligation to remember the good someone has done. The good outweighs the bad he has done.”

Then, assuming a sentence closer to 27 months for his 54-year-old client, Bachner said, “At age 56 there will be many people who admire him, but many more who don’t. He is remorseful and begs the Court to allow him to resume his life. His supporters are heartbroken by his conduct.”

Now, Robinson began to reveal his own fears, declaring, “People will look at what happens here and it will either resonate with them or it won’t.”

Bachner, who earlier spoke of the sentencing, some years earlier, of a former Connecticut governor, John Roland, now made the mistake of invoking that case again. This time Judge Robinson informed him, offering, “I was the United States Attorney who started that investigation.” (Connecticut Governor John Roland had received some $250,000-worth of renovation to his summer home from a developer doing business with the state.)

All told, Kerik’s attorney argued in his client’s behalf for some 40 minutes.

The Judge now offered Bernard Kerik the opportunity to speak in his own behalf. Kerik rose to his feet and told the Court, “I make no excuses, and take full responsibility for the mistakes I’ve made. I ask only that you allow me to return to my wife and our two little girls as soon as possible.”

Assistant United States Attorney Bosworth now had his say, declaring, “However committed he was to enforcing the law when it came to others, he violated the law when it suited his purposes though.” He then remarked, “The Defendant alone is the architect of his public fall from grace. He committed crime after crime in service of himself over a period of a decade.”

And, now Judge Robinson chimed in with, “There are multiple felonies that Mr. Kerik has pled guilty to that do not influence the Guidelines.”

It was now 11:30am, an hour and twenty minutes into the sentencing, and Robinson was seriously agonizing, “As I’ve already mentioned, for me, Mr. Kerik is a complicated character. The Guidelines don’t take into account the almost operatic properties of this case. We don’t just have anyone here; we have the Police Commissioner of New York City continuing to commit crimes. I have been particularly troubled by the way Mr. Kerik, and people on his behalf, continue to behave.”

Robinson continued, asking, “What is the appropriate consequence for his misconduct?”

Drawing closer to a pronouncement of sentence, but still agonizing, Robinson now opined, “That Mr. Kerik would use the 9/11 event for self-aggrandisement is a dark place in the soul for me.”

He then went on to sentence Kerik to 48 months; 15 months more than the high end of the Federal Sentencing Guidelines, plus three years of probation. He was, however, persuaded, after much discussion, to allow Kerik to turn himself in to the designated federal prison on May 17, rather
than remanding him immediately to jail.

Analysis:

The two-hour-long sentencing of Bernard Kerik was ‘vintage’ Judge Robinson, complete with much agonizing and thoughtful consideration to all aspects and individuals sure to be impacted by his decision.

In imposing a 48-month incarceration, 15 months longer than suggested by the Federal Sentencing Guidelines, Robinson was not ignoring those Guidelines, but, rather, rejecting them because of his appropriate concerns for the message he would convey both to the Defendant and to the world of observers.

However, having so lengthened Mr. Kerik’s term of incarceration, the good Judge remained reasonable and fair, allowing him to surrender to prison authorities in 90 days despite the Government’s arguments to immediately remand him.

Westchester Guardian Article/Kurt Colucci/Sam Zherka.

2010-02-18T09:43:00.000-05:00

Tax Activist Tells Guardian

Politicians Are Greatest Threat To America

“The Power To Tax Is The Power To Destroy” Kurt Colucci, Author And Tax Activist,Tells Publisher Sam Zherka, “Politicians Are Brokers Of Greed” Urges Citizens To Embrace Tea Party Movement

New Rochelle, New York, February 9, 2010... A city, roughly 10 square miles, with a diverse population over 80,000, New Rochelle is the birthplace of Westchester County Taxpayers Association founder Kurt Colucci, a former college professor presently a businessman who continues to make The Queen City Office Sound his home. Last Tuesday Colucci was interviewed by Guardian publisher Sam Zherka.

Colucci, a very outspoken political critic, tax activist and author of the soon-to-be published A Tax Slaves’ Manifesto, has been ruffing feathersand taking potshots at Westchester and Albany politicians. Last year, he helped organize a dozen Tea Parties all over Westchester, including a modest one in New Rochelle, attended by more than 300 people, and a much larger rally in White Plains on April 25th that drew over 2500 people.

The Guardian asked Colucci if he thought the Tea Party Movement will make a difference in races going forward?

Colucci responded, “The Tea Party Movement is in its early stages; they haven’t seen anything yet. The year 2010 will usher in the Rise of the Taxpayer!”

Colucci went on, “It is important that taxpayers, the economic backbone of this country, steer clear of political party loyalty. Both major parties have merged into one national party, The Party Of Big Spending, and are to blame for the current economic crisis. Our Liberty is hanging by a thread.”

During this very difficult economic climate dubbed, ‘The Great Recession’, Colucci’s message would seem to be resonating with taxpayers all over Westchester County and the nation.

Municipalities throughout Westchester are raising taxes at an unsustainable rate, further economically enslaving its citizens and stripping them of their equity, their homes, and, in many cases, everything they’ve worked long and hard to achieve.

George Nivkor, a Yonkers resident and Tea Party supporter, is calling upon every taxpayer to unite against politicians.

“My father, a hardworking immigrant from Communist Poland, is saddened by what is happening in Westchester County, and America at large, and can only compare it to Communism,” says Nivkor.

Turning to his own city, New Rochelle Colucci pointed out Mayor Noam Bramson and City Manager Chuck Strome, two of New York State’s highest paid municipal officials. Colucci reminded The Guardian that in recent weeks both the Mayor and City Manager have come under heavy fire for their exhorbitant tax increases and the layoff of several firefighters from an already understaffed fire department.

In 2007 readers will recall that Bramson, a staunch political ally of former County Executive Andrew Spano, together with the New Rochelle City Council, orchestrated a nearly 50% pay hike for themselves at a time when our present economic downturn was already becoming very evident. At the time many New Rochelle citizens expressed outrage, some calling the pay raises outright corruption. Numerous calls from The Guardian to Mayor Bramson went unanswered.

“The biggest threat to the American Dream is our own elected officials,” Collucci went on. “they are putting our families in harm’s way by reducing essential services in police and fire departments, all the while spending our hard-earned tax dollars faster than we can earn them and, further enslaving us economically.” Millions of Americans are currently losing their homes to bank and tax foreclosures due to bad lending, and, Predatory Taxation by government. Economists are predicting that property values will continue to decline so long as taxes continue to increase, turning the American Dream into an American Nightmare.

As for the average hardworking, economically enslaved, and exhausted American taxpayer, the Tea Party Movement seems to be the only way to take back Westchester County and the country from self-serving, corrupt politicians who appear to be on a course to destroy the American way of life.

The sentiment amongst citizens throughout the nation, and especially here in Westchester, the highest taxed county in the United States, is antiincumbent. As for this 2010 election cycle, it’s a bad time to be one of the incumbents, or, as Colucci calls them, ‘Tax Terrorists’ as 2010 is the year of the Taxpayer Revolution.

George Nivkor reiterated to The Guardian, by telephone, that “2010 is the year of the Taxpayer’s Revolution.”

Chief Judge John Marshal, in the McCulloch v Maryland case, declared, “The unlimited power to tax is the power to destroy.”

Westchester Guardian Article/In Our Opinion/Social Services Department.

2010-02-11T23:36:00.000-05:00

Westchester ‘Slush Fund’
Dept. Of Social Services

In Our Opinion...

Will They Ever Learn, Will They Ever Learn?

It’s not too often we find ourselves comfortably supporting a position taken by Mount Vernon Mayor Clinton I. Young. This newspaper has made no secret of our disappointment with the Young Administration on any number of occasions. However, with respect to the City Council’s proposed elimination of the Office of Inspector General, Mr. Young is clearly on target when he suggests his city “needs to have as many internal controls in place as possible to avoid corruption.”

After all, although former United States Attorney for the Southern District of New York, Michael J. Garcia, despite announcing a major effort to flush out public corruption, and managing to only produce a handful of offenders, nevertheless found all of those offenders in Mount Vernon; former Buildings Department Commissioner “Gerri” Post and her boyfriend Wayne Charles, Department of Public Works Supervisor James Castaldo, and hauler Albert Tranquillo. Those two schemes, together with $1.7 million of HUD money that mysteriously disappeared, totalled more than $5 million that surely could’ve been put to much better use by Mount Vernon taxpayers.

The present Inspector General, Harry Stokes, earns $110,000, and his secretary receives $55,000. Apparently the City Council, under the leadership of Council President J. Yuhanna Edwards, has concluded that those salaries could be saved. Edwards was quoted as saying, “We don’t feel the Inspector General is needed at this time; we feel we have things in place.” In place? Yes. Under control? No.

Edwards was further quoted stating, “Each department should take it upon themselves to audit themselves.” We believe Edwards, and apparently a majority of the City Council, are naive, indeed, if they believe a self-policing scheme will suffice in the City of Mount Vernon given its history.

We have reason to believe there is massive corruption in Mount Vernon at this very moment, and that HUD funds are but one source of federal monies getting into larcenous hands. We are aware of hundreds of thousands of dollars hemorrhaging from 100 East First Street, the Department of Social Services, into the pockets of relatives, friends, and political connections of Deputy Commissioner Diane Atkins, a 41-year employee who is accountable directly to Kevin Mahon.

Atkins’ unlawful antics have been causing great anguish and anxiety in otherwise competent, diligent, and honest examiners and supervisors throughout Westchester’s Department of Social Services as they are repeatedly instructed by Atkins to make payments to ineligible individuals; federal monies being used as her personal slush fund. It is our understanding that Janet DiFiore continues to mentor and protect Atkins, and that she has also been closely connected with Reggie LaFayette and Serapher Conn-Halevi, both former Mount Vernon Democratic Chairpersons.

Halevi operates a childcare enterprise reportedly drawing several hundred thousand dollars annually from the Department of Social Services. Her son, her daughter, and other relatives have been cited in the media in the recent past for their own questionable dealings with the Department of Social Services, as well. All that federal investigators will need to do is to speak with supervisors and examiners.

Westchester Guardian Article/Publisher Sam Zherka.

2010-02-04T06:00:00.000-05:00

VOL.IV NO. 27 (Thursday, Feb. 04, 2010)

A Bunch Of Morons?

“They Just Don’t Get It”

Obama, Predatory Government, And Economic Policies Could K.O. Democratic Party Tea Party Movement Picking Up Steam

By Sam Zherka, Publisher

Republican Scott Brown’s victory in the special race for United States Senate from Massachusetts, the country’s Liberal stronghold, was, in fact, a knockout blow to President Obama and his minions, Nancy Pelosi, Chuck Schumer, “the Queen and King of Pork” and the pig himself, Barney Frank, his staunchest proponent of the government-run hostile takeover of the entire nationwide healthcare system.

In a record deficit year, with nearly $13 trillion in national debt, these four have nothing else in mind but national healthcare reform and pork spending which equate to nothing less than hidden taxes, more taxes, and finally, higher taxes.

No matter from which side of the aisle the rhetoric flows, the proposed Health Care Reform Bill will, in fact, include a barrage of new and higher taxes at a time of national economic turmoil dubbed, “The Great Recession”. In addition, this 2733-page, backroom-orchestrated and camouflaged national disaster, promises to raise premiums, cut benefits for seniors, the sick and impaired, burden students and place a massive mandate on many states already near bankruptcy. Democrats can’t change the fact that the government derives its money from the People, and the only way to pay the estimated $3 trillion needed to implement this plan, is to further burden the economically exhausted, enslaved and disoriented American taxpayer, further depressing economic activity, delaying recovery and possibly sending us into a double dip recession.

If passed, this bill requires that all of the 138 million American taxpayers in a country of more than 300 million, pay the increased tax burden for four years before receiving any benefit at all. Basically, the taxpayer will pay in advance for a promise of limited health care, which they may or may never receive.

The latest nationwide polls show that 62 percent of the people believe America is headed in the wrong direction, while 27 percent of the American public currently support the Tea Party movement.

In the states of New Jersey, West Virginia, Massachusetts, as well as Westchester County and Nassau County in New York State, all Democratic strongholds, major races have been lost by well-entrenched Democrats to Republicans in this latest election cycle which may be indicative of an existing anti-Obama tsunami.

The public sentiment is not pro-Republican by any stretch of the imagination, but pro-low taxes, smaller government, anti-illegal immigration, and healthcare reform, which has given rise to the nationwide Tea Party Revolution; the driving force behind the anti-Democratic and incumbency movement. Last year the nationwide Tea Party movement attracted the attendance of an estimated two million people to a rally in Washington, D.C. Tea Party organizers say, “It’s not about politics, but about survival, and taking back America from self-serving politicians.” Hundreds of Tea Party rallies are scheduled to be held all over the country this year, including one right here on Saturday, April 17th in White Plains.

In closing, if this healthcare bill does become law, Nancy Pelosi, referred to by many as ‘The Face lift Queen’, will be subject to a five percent tax on every plastic surgery procedure she gets, including Botox; and that could cost her plenty.

Below is a list of some of the tax increases the Democratic Congress and Obama have proposed to finance health care reform:

• A 5.4% income surtax on taxpayers earnings more than $500,000. A year;

• An excise tax on high cost Health Insurance Plans which cost more than $8500. per year;

• An excise tax on medical devices such as wheelchairs, breast pumps, and syringes used by diabetics for insulin injections;

• A limit on itemized deductions for taxpayers;

• A profit tax on health insurance companies which will force higher health insurance premiums;

• A value added tax, which would tax the value added to a product at each stage of production (which will be passed on to the consumer aka the taxpayer);

• Higher taxes on Alchoholic Beverages including beer, wine and spirits;

• An increase in the Medicare Portion of the payroll tax to 3.4% for incomes above $200,000;

• An excise tax on sugar, sweetend beverages non diet soda and sports drinks;

• A tax on individuals with out acceptable healthcare coverage of 2.5% of their gross income;

• An 8% tax on all wages paid by employers that do not provide their employees health insurance that satisfies the requirements of the Secretary of Health And Human Services;

• A limit on contributions on flexible spending arrangements;

• Elimination of the deduction for expenses associated with Medicare;

• An increase in taxes on International Business;

• Elimination of tax credits paper companies take;

• Increase payroll taxes on students;

• An extension of the Medicare payroll tax to all state and local government employees;

• An increase in the estate tax;

• An increase in taxes on hospitals;

• A 5% percent tax on cosmetic surgery and similar proceedures such as botox treatments, tummy tucks, and face lifts;

• A tax on drug companies (which will be passed on to the consumer);

• An increase on corporate tax on companies that provide health insurance;

• A $500,000. deduction limitation for the compensation paid by health
insurance companies to their officers, employees, and directors.

Westchester Guardian/Rob Astorino/Richard Blassberg.

2010-01-28T22:09:00.000-05:00

Message For Rob Astorino: Wake Up And Smell The Coffee!

Implications Of Massachusetts Upset For Westchester.

Last Tuesday night Scott Brown, winner of the special race for United States Senator from the State of Massachusetts declared, at his celebration in Boston, “Tonight the independent majority delivered a great victory for the people.” Brown, a Republican State Senator for some five years, defeated Democrat Martha Coakley, Massachusetts Attorney General, for the seat held by the late Edward M. Kennedy for some 47 years, a remark-able upset, indeed.

There is no question that Mr. Brown’s victory will have an immediate negative impact upon the Obama Administration’s effort to pass major healthcare reform legislation. However, in a much broader sense, the election of a Republican to Ted Kennedy’s seat in perhaps the bluest, most liberal bastion in all of America, has far broader implications than the mere success or failure of Mr. Obama’s healthcare initiative.

The single most important implication lay in the very words Brown uttered in declaring victory. He did not exalt his own Republican Party. He acknowledged, and gave heartfelt thanks, to “the independent majority,” and not the Republican Party that nominated him and supported his brilliant campaign. He recognized, as our own newly-minted Republican County Executive should truly recognize, that without those non-aligned and independent voters, he would not have succeeded.

Despite the fact that Democrats outnumber Republicans in the Bay State three to one, clearly, it was not a matter of Party allegiance, Democrats vs. Republicans, that would determine the outcome. Instead, it was really a cobbling together of those independent voters who understood that it was an election about issues, healthcare, the wars in Iraq and Afghanistan, and the sluggish economy.

Brown rightly sensed that voters did not feel especially understood or responded to by either the Democratic or Republican Parties, and that their mood was one of discontentment and anger with the status quo. Driving throughout the state to his numerous campaign rallies and speeches in a pickup truck, projected the image of a candidate who was one of them; one who would listen to them and bring about change they could live with and afford.

In plain language, the people of this country have grown tired of the “same ol’, same ol’”, a two-party system where the players, with few exceptions, are interchangeable, and neither side seems to care enough to bring about meaningful and lasting changes. They hunger for real solutions to the basic problems faced daily by working families in our sluggish economy as mortgage foreclosure continues to erode our neighborhoods and displace unemployed and underemployed constituent taxpayers.

Not since Watergate has the public perception of politicians and the two major parties been so poor. Never before have families been so heavily taxed while, at the same time, working longer hours to bring home less.

In Washington President Obama, who rode to victory just one year ago, promising “fundamental changes in the way government would be conducting business,” now finds himself being accused of “illusory tactics”, yet engaging in concessions and giveaways that continue to drain and depress our economy.

Here at home in Westchester, we do not particularly enjoy having the distinction of paying the highest property taxes in the nation, coupled with the falling market value of our homes. That one-two punch has tended to make us more uncomfortable with, and intolerant of, arrogant, self-serving politicians.

Those who participate in the electoral process have become increasingly unwilling to identify with either the Democrats or Republicans, preferring, instead, to be registered with the Independence Party, or as an independent, non-aligned voter. In fact, in many areas of the country, non-aligned and Independence Party registrations combined comprise more than one-third of voters in any given election; a fact that should now dramatically alter the rules of engagement in most future races.

No longer should the Independence Party of Westchester be content to cross-endorse either the Republican or Democratic Party choice, in any given contest, thus ensuring that particular candidate’s probable election. Rather, the time has come when the Independence Party should be actively issuing platforms and positions with respect to countywide, statewide and national issues.

At the same time, the Independence Party needs to actively interview, and recruit, compatible worthy candidates for all positions available, simultaneously aggressively registering and educating new Party members, particularly young adults.

It is no longer a productive strategy to merely crossendorse candidates who have been pre-selected by either the Democratic or Republican machine. That fact has been forcefully driven home by the actions of the Astorino Administration over the past 10 weeks since election.

Despite initial acknowledgement of the crucial role played by the Independence Party and nonaligned voters in Rob Astorino’s victory over Andy Spano, a victory predicted and encouraged by information published by The Guardian alone against all other local news media in Westchester, the new Administration has virtually avoided any and every opportunity to include those without whose active assistance their success would not have occurred.

It has rapidly become apparent that, with the exception of the switch at the very top, and those closest to him, the Astorino Administration is quite happy to leave much of the corrupt Spano organization in place.

Change? What change? We don’t see much change at all.

Westchester Guardian Article/Phil Amicone/Nick Spano/Al Pirro/Anthony Mangone/Sandy Annabi.

2010-01-21T17:31:00.000-05:00

‘The Last Supper’

Was It The Pivotal MomentIn A Criminal Conspiracy?

‘The Last Supper’ Five Practiced Conspirators And Sandy Annabi Meet Hours Before Her Vote Reversal

Does anyone seriously believe that any significant amount of money exchanged hands to lubricate the passage of approvals by Yonkers City Council for either the Ridge Hill development or Longfellow Senior Housing, and Phil Amicone and Nick Spano received nothing for their efforts? Of course not. Nick and Phil, between them, controlled the Republican patronage machine in Yonkers; and, as between them, Nick was clearly el Capo.

On the Democratic side of the aisle, it is well known that City Chair, now Chairman of the County Legislature, Ken Jenkins, had lined up agency of the rentals in Ridge Hill for his ERA Gem Real Estate Brokerage. Let no one suggest that corruption isn’t an equal opportunity enterprise in Yonkers, with Republicans and Democrats cooperating to each grab a share. And, let’s not lose sight of the fact that Mike Spano is licensed to Ken Jenkins’ office.

We are informed by an exceptionally reliable and knowledgeable source, from first-hand observation, that a certain Italian restaurant in New Rochelle was the scene of a supper meeting attended by Al Pirro, Nick Spano, Mike Spano, as well as Anthony Mangone, Zehy Jereis and Sandy Annabi on the evening before the Yonkers City Council meeting at which Annabi changed her position and voted to enable the Ridge Hill Development Project to go forward; in a sense, a Last Supper.

Does such a meeting, in and of itself, prove any wrongdoing, any bribery or extortion was occurring? No, of course not. It’s possible, just possible, that all of those Yonkers players were out to celebrate because Sandy had changed her position and advised all of them that she would be voting in favor of Ridge Hill after all, because the builder, Bruce Ratner, had agreed to contribute $10 million to the Yonkers School System.

Pasta and a hot antipasto, even with a little Chianti to wash it all down, does not a conspiracy make. Neither does the payment of a seriously attractive, somewhat seductive, young woman’s utility bills, mortgage payments, or car lease, by members of the opposite sex, no matter how shady their prior histories.

We do not take breaches of public trust lightly, by any means, and we are only too well aware of the atmosphere of corruption engendered by a District Attorney who occupied the Office for 12 years while married to the most outrageous white-collar criminal in the County. One United States Attorney, who should have known better, MaryJo White, in fact, perpetuated the corrupt environment when she failed to include Jeanine Pirro in the original 67-count indictment that named Al, despite the fact that the case involved a 10-year-long tax fraud, 1988-1997, in which nine of those 10 years Jeanine jointly signed the tax returns.

Despite having been convicted in White Plains Federal District Court on June 20, 2000, and sentenced to 29 months in federal prison, Al was out by clever canard, in only 11. Additionally, although convicted of all 38 remaining counts of a 67- count indictment, after Judge Barrington Parker redacted the 29 most egregious counts involving the rip-off of Peekskill’s Hudson Valley Hospital, together with Robert Boyle, another of George Pataki’s crooked buddies, the Appellate Division, Second Department, never disbarred Al. Instead, they waited three years to act and then merely suspended his license for three years, beginning May 12, 2003.

No matter, Mr. Fixit, Al Pirro, went right on practicing law, making appearances before town boards and city planning commissions such as White Plains, and wherever he would normally appear, in direct disobedience to the specific conditions of his ‘slap-on-the-wrist’ suspension. No one can say the federal courts or state courts treated Al Pirro ‘badly’. Not only did they spare him; they also enabled him; and, now he pops up right in the middle of the Yonkers real estate development scandal. What a surprise!

After all, way back in 2003, before leaving office, then-Mayor John Spencer had retained Al Pirro as Yonkers’ official lobbyist, specifically tasked with the assignment of bringing qualified real estate developers to the City to help the administration that would soon be headed by his deputy, Phil Amicone, fulfill their master plan of development. Even in a culture of corruption such as Westchester, somehow Yonkers remains a standout for sheer chutzpah.

If every allegation in all 13 counts of Sandy Annabi’s federal indictment were essentially accurate, and, in fact, she benefitted to the tune of $166,000, still she would be a minor player by comparison with the likes of Al Pirro, Nick Spano, and the others at that table in New Rochelle. More likely, most of, if not all of, that cash ended up in Anthony Mangone’s, and Zehy Jereis’, accounts, well-trained soldiers in the Nick Spano mob.

As for the developers, they understand from years of doing business, that in Westchester, and particularly in Yonkers, for many decades, you don’t get the job and you don’t get through the City’s zoning, planning, and environmental approvals in a timely fashion unless you grease several palms. They simply know and accept the network of corruption as the price of doing business.

We understand the difference between those developers who can legitimately be said to have been victims of extortion, and those who routinely distribute envelopes filled with cash as a vital protocol. In either case, a serious crime has been committed when a government official has been paid off and the public trust has been breached. We are reminded of the County Courthouse at 111 Dr. Martin Luther King, Jr. Boulevard in White Plains, where, after only 20 years, the siding was falling off the building that had been constructed by a builder brought to the project by Al Pirro. The consequences of kickbacks are often inferior materials and/or workmanship.

Given the $600-$800 million price tag on Ridge Hill alone, the notion that a clique composed of the Spano brothers (Nick and Mike), Al Pirro, Anthony Mangone and Zehy Jereis, would content themselves with a few hundred thousand dollars in ‘consulting fees’ is ludicrous. If Sandy Annabi did, in fact, accept some personal enrichment to alter her vote with respect either to the Longfellow, or the Ridge Hill projects – and that will take some serious proving – she was clearly a tool in the hands of the five political operatives and felons seated at that table with her in New Rochelle less than 24 hours before she cast her vote.

Interestingly, both Nick and Mikey Spano have now been very quick to disown and deny any association with, or knowledge of, Jereis’ or Mangone’s activities with regard to either project. However, my source is holding steadfast to the account of who they saw, where, and when. Even 1/10th of one percent of a $600 million project would involve $600,000. The United States Attorney is talking about $166,000.

Finally, Mike Edelman has been unusually talkative and ‘blogative’, even for him, since the unsealing of the Annabi Indictment. It would seem he “protesteth a bit too much”, particularly with respect to Al Pirro and the Spano brothers, not to mention Phil Amicone, also very quick to disassociate himself with strong words of denouncement.

Westchester Guardian Article/Zehy Jereis/Anthony Mangone/Sandy Annabi.

2010-01-14T23:50:00.000-05:00

THE FEDS ARE HERE!!

And They’ve Only Just Begun

Annabi, Mangone, Jereis Indicted United States Attorney Charges Former Democratic Majority Leader Of Yonkers City Council, Former Republican Party Chief, And Attorney With Public Corruption Crimes

Former Yonkers City Councilwoman Sandy Annabi Allegedly Received More Than $160,000 In Secret Payments; Defendants Charged With Conspiracy, Bribery, Extortion, False Statements, and Tax Crimes

PREET BHARARA, the United States Attorney for the Southern District of New York, JOSEPH M. DEMAREST, JR., the Assistant Director-in-Charge of the New York Field Division of the Federal Bureau of Investigation (“FBI”), and PATRICIA J.HAYNES, the Special Agent-in-Charge of the New York Field Office of the Internal Revenue Service (“IRS”), Criminal Investigation Division, announced the unsealing of an Indictment against SANDY ANNABI, the former Democratic Majority Leader of the Yonkers City Council, charging her with conspiracy, bribery, extortion, false statements, and tax crimes. The Indictment also charges ZEHY JEREIS, the former head of the Yonkers Republican Party, and ANTHONY MANGONE, a Westchester County attorney, with conspiracy, bribery, and extortion in connection with two real estate development projects within the City of Yonkers which were pending before ANNABI.

MANGONE was arrested early on the morning of January 6 in Purchase, New York. ANNABI and JEREIS surrendered to federal authorities on the same day. All three defendants are expected to be presented before United States Magistrate Judge LISA MARGARET SMITH in White Plains Federal Court.

According to the Indictment filed in White Plains Federal Court:

On November 6, 2001, SANDY ANNABI was elected to serve as a Councilwoman to represent the Second District of the City of Yonkers. ANNABI was reelected two subsequent times, in 2003 and2005, and served as the Democratic Majority Leader of the Yonkers City Council. The Yonkers City Council’s primary function is to consider and vote on the City’s budget, zoning changes, and other legislation.

From the fall of 2003 through the fall of 2007, ZEHY JEREIS was the Chairman of the Yonkers Republican Party. As the Party Chairman, JEREIS’s duties were to promote the Republican Party in Yonkers and to advance the interests of Republican elected officials and candidates. ANTHONY MANGONE is an attorney whose office was located in Hawthorne, New York.

The Longfellow Project:
In 2003, a developer (“Developer No. 1”) proposed to develop a tract of land located partially within the Yonkers City Council District represented by ANNABI by renovating and transforming two vacant and dilapidated schools into market-rate housing (the “Longfellow Project”). ANNABI initially opposed the Longfellow Project. During a City Council meeting on June 14, 2005, ANNABI proclaimed her strong opposition to the project, stating: “Even if the entire community supported [it], I would be opposed.” She also said that the project was “outrageous” and a “slap in the face to the taxpayers of Yonkers.” Despite considerable effort, Developer No. 1 was unable to move the project forward in the face of ANNABI’s opposition.

In April 2006, however, Developer No. 1 hired MANGONE to assist in persuading ANNABI to support the Longfellow Project. Shortly thereafter, MANGONE arranged a meeting between a representative of Developer No. 1 and JEREIS, who advised that he could help persuade ANNABI to support the project. Later, MANGONE told Developer No. 1 that, in order for the project to proceed, Developer No. 1 would have to pay ANNABI $30,000 in exchange for her support. Developer No. 1 gave MANGONE the $30,000 in cash for ANNABI and paid MANGONE a $10,000 cash fee for his services.

Shortly after receiving the $30,000 in cash, ANNABI made several substantial cash and credit card purchases –including airline ticket upgrades, a Rolex watch, and a diamond cross necklace. Then, at a City Council meeting in September2006, ANNABI reversed her long-held opposition to the Longfellow Project and voted in favor of awarding the project to Developer No. 1.

The Ridge Hill Development Project:
The “Ridge Hill Development Project” was a project proposed by a large developer (“Developer No. 2”) to develop an 81-acre tract of land to establish retail shopping, restaurants, office space, hundreds of residential housing units, and a hotel and conference center. ANNABI was an outspoken critic of the proposed Ridge Hill Project and voted against both the project and legislation that would allow the project to move forward despite her opposition. ANNABI, with two other City Council members and others, also filed a civil lawsuit to effectively block the Ridge Hill Project. As the City Council was considering the Ridge Hill Project, Developer No. 2 made repeated and unsuccessful efforts to convince ANNABI to vote in favor of the project.

On June 2, 2006, JEREIS was introduced to representatives of Developer No. 2, after which JEREIS told representatives of Developer No. 2 that he could arrange a meeting between them, ANNABI, and JEREIS to discuss the Ridge Hill Project. JEREIS and representatives of Developer No. 2 also had an agreement in which Developer No. 2 would give JEREIS a consulting job sometime after ANNABI formally voted in favor of the Ridge Hill Project. After two meetings held in less than two weeks, ANNABI reversed her opposition to the Ridge Hill Project and issued a press release -- drafted by JEREIS and representatives of Developer No. 2 – informing the public of her support for the project.

Specifically, at a City Council meeting on July 11, 2006, ANNABI voted I favor of the zoning change necessary for the Ridge Hill Project. Shortly after ANNABI changed her vote on the Ridge Hill Project, JEREIS received the promised consulting contract from Developer No. 2 worth $60,000 over one year.

Secret Payments To ANNABI And Efforts To Conceal The Crimes: Since at least 2004, ANNABI has received from JEREIS, MANGONE, and others more than $160,000 worth of secret payments designed to influence and reward her for favorable official action or inaction on matters pending before the City Council as specific opportunities arose. ANNABI, JEREIS, and MANGONE also took various steps to conceal their scheme, by making false statements and/or omitting required information in various reporting documents.

For example, JEREIS secretly gave ANNABI money and purported loans to finance the purchase of two residential properties located outside of ANNABI’s Council District. To obtain favorable financing, ANNABI contemporaneously submitted applications to two different banks, advising both that she intended to occupy the house for which she was seeking financing and concealing that she was seeking to borrow money from the other bank for a second house. The closings for the two loans occurred only three days apart.
Furthermore, despite being required as a Council member, by state and local law, to live within her Council District, ANNABI in fact lived in one of these houses outside of her Council District. In order to meet the residential requirement to maintain her position, JEREIS purchased a cooperative apartment for ANNABI within her Council District. JEREIS had paid for the down payment and made the monthly mortgage payments, at times with postal money orders he had obtained.

The Indictment further charges that in her loan applications for one of the houses and for the apartment she purchased, ANNABI falsely inflated her income. ANNABI’s applications also included fake pay stubs, W-2’s, and bank statements.

According to the Indictment, ANNABI affirmatively concealed the illegal benefits she received from JEREIS and MANGONE by filing annual financial disclosure statements, from2004 through 2007, that intentionally omitted the illegal payments. ANNABI also failed to report in federal income tax returns the illegal payments that she received from JEREIS, MANGONE, and others.

In a further effort to conceal the criminal conduct, during the federal grand jury investigation into ANNABI’s corrupt relationship with JEREIS, MANGONE instructed Developer No. 1 not to tell an attorney representing Developer No. 1 that representatives of Developer No. 1 had given MANGONE the $30,000 in cash for ANNABI. MANGONE also failed to report, as required, the $30,000 cash bribe and an additional $10,000 fee that he received from Developer No. 1 to the IRS.

A chart setting forth the charges contained in the Indictment against ANNABI, JEREIS, and MANGONE and the maximum potential penalties for each offense is attached. The Indictment also seeks forfeiture of the proceeds of the crimes set forth above.

Mr. BHARARA praised the work of the FBI and the IRS Criminal Investigation Division. He added that the investigation is ongoing.

PREET BHARARA, the United States Attorney for the Southern District of New York,

“Today’s indictment describes what was essentially a bipartisan corruption pact between Sandy Annabi, Zehy Jereis, and Anthony Mangone. When the people of Yonkers elected Annabi to the City Council, she swore an oath to faithfully discharge the duties of her office. But rather than keep her word, she betrayed Yonkers’ residents by selling the most important assets any elected official has: her integrity and her independence. In our down economy, there are too many buildings with ‘For Sale’ signs hanging in the window; City Hall shouldn’t be one of them,” said United States Attorney PREET BHARARA.

“The conduct charged in the indictment is an assault on democracy. The people of Yonkers were betrayed by Sandy Annabi, someone elected – and sworn -- to serve them. In publicly opposing one of the projects for which she later sold her vote, she called it ‘a slap in the face to the taxpayers of Yonkers. ‘She willfully conspired to redefine her job from Councilmember to Councilmember-for-sale. That was the real slap in the face for the people of Yonkers,” said FBI Assistant Director-in-Charge JOSEPH M. DEMAREST, JR.

“Public officials are no different from you or I in their responsibility to follow tax law. When this trust is violated it deteriorates confidence in the fairness of the application of tax law,” IRS Special Agent-in-Charge PATRICIA J.HAYNES.

Assistant United States Attorneys JASON P.W. HALPERIN and PERRY A. CARBONE are in charge of the prosecution.

The charges contained in the Indictment are merely accusations and the defendants are presumed innocent unless and until proven guilty.

Sandy, Say It Isn’t So, Sandy Annabi Facing The Fight Of Her Life

It was disappointing, to say the least, to be present last Wednesday in the Offices of the United States Attorney for the Southern District of New York at the Federal District Courthouse in White Plains for a press conference at which it was disclosed that Sandy Annabi, former Democratic Majority Leader of the Yonkers City Council, had been indicted by a federal grand jury and charged with Conspiracy, Bribery, Extortion, False Statements, and Tax Crimes.

However, the last time we checked, indictment was still not the same as conviction. The charges stem from Annabi’s official action with respect to two proposed real estate developments in Yonkers which she initially opposed and then supported: The Longfellow Project, and the Ridge Hill Development Project.

This case has Nick Spano, his brother Mikey, Al Pirro, Phil Amicone, and Ken Jenkins written all over it, in that order; and the Government knows that. Named in the same indictment were Zehy Jereis and Anthony Mangone, two Nick Spano operatives, each with a long history of Election Fraud and manipulation as well as criminal political operations on behalf of Spano. Jereis, former Chairman of the Yonkers Republican Committee, and a former official of the Yonkers Chamber of Commerce, has a criminal record that includes Possession and Sale of A Controlled Substance.

Westchester Guardian Article/Sam Zherka.

2010-01-07T12:36:00.000-05:00

Guardian Publisher Takes Seibel Dismissals To Federal Appeals Court

Cases Dismissed By District Court Judge Cathy Seibel Going To Second Circuit

Civil Actions Brought By Guardian Publisher Sam Zherka Are Among More Than 1,500 Dismissed Under Ashcroft v. Iqbal

United States District Court White Plains, New York Judge Cathy Seibel Presiding

This reporter was present in Federal District Court, White Plains, several weeks ago when Judge Cathy Seibel served notice of her intention to dismiss cases brought by Guardian publisher Sam Zherka against Yonkers Mayor Philip Amicone, Deputy Mayor John Fleming, Manhattan Assistant District Attorney Matthew Bogdanos, and attorney and political consultant Michael Edelman for Defamation and Slander engaged in by way of First Amendment retaliation, conspiring to damage his good name and reputation.

Among the activities claimed by plaintiff Zherka were public statements of untruthful assertions of criminal activity about Zherka by Mayor Amicone before a large gathering of prominent Westchester citizens; repeated internet postings by Michael Edelman falsely alleging criminal activities by Zherka; and Abuse of Process and harrassment of Zherka and many of his friends and business associates by the Manhattan District Attorney’s Office involving ADA Bogdanos.

All of the named defendants, were, and are, closely connected to and associated with Westchester District Attorney Janet DiFiore, who had telephoned Zherka, and who was recorded threatening him with reprisal because she was displeased with information published in The Guardian concerning political activities by her spouse, attorney Dennis Glazer.

Judge Seibel had admitted many months earlier, when the cases were first filed and assigned to her, that she had a personal relationship with Janet DiFiore, but nevertheless refused, despite that admission, to recuse herself.

Seibel’s dismissal comes under the dictates of Ashcroft v. Iqbal, a case out of the Second Circuit that was argued be fore the United States Supreme Court, December 10, 2008 and decided May 18, 2009. The socalled Iqbal Decision, as it has come to be known, in effect has given great latitude to District Court judges to dismiss cases in the pleading stage based on their perception of the case’s plausibility, and has created quite a stir throughout the federal court system, among legal scholars, and in the halls of Congress. New York Congressman Jerry Nadler and Pennsylvania Senator Arlen Specter have each promised to sponsor legislation to blunt, if not curtail, its influence.

Iqbal, in seven short months, has fundamentally changed the process and expectations in the pleadings stage of civil actions brought before federal courts. The Federal Rules Of Civil Procedure, Rule 8(a)(2) of the General Rules of Pleading, simply called for “A short and plain statement of the claim showing that the pleader is entitled to relief.”

A legal analyst writing for the highly regarded law firm Mayer, Brown three days after the ruling was handed up, observed “The United States Supreme Court’s opinion in Ashcroft v. Iqbal significantly increases the factual detail required by Federal Rule of Civil Procedure 8(a) in order to state a claim.”

In practical terms, under Iqbal, typical plaintiffs bringing a civil action against a corporate entity or government agency for many decades have not been expected to provide in their initial pleadings the level of explicit detail that, in most cases, comes to light through discovery. By now demanding such detailed information from plaintiffs in their initial pleadings, District Court judges are virtually throwing up a protective barrier, a shield around defendants, preventing good-faith, well-meant plaintiffs from proceeding, and from reaching the discovery necessary to prosecute their legitimate claims.

Publisher Zherka’s actions, filed long in advance of the Iqbal Decision, present numerous witnesses, audio and videotapes, photographs, and affidavits, little, or none of which,
Judge Seibel, with all due respect, seemed to have taken the trouble to become aware of as we observed her on November 20th when attorney Rory Bellantoni referenced them. In fairness to the judge, at a prior appearance several weeks earlier, she had asked attorney Jonathan Lovett, of Lovett & Bellantoni, to provide her with greater detail, which he certainly did in his amended pleadings.

Zherka, confused by the Judge’s dismissals, told this reporter, “There is so much evidence in our pleadings the case is a poster child for Iqbal.” He indicated that he was “definitely appealing the dismissals to the Second Circuit”, where he was confident they would be reversed, but, that he was “prepared, if necessary, to go all the way to the Supreme Court.” Additionally, he indicated he would be bringing an action against each of the defendants, individually, for Defamation and Slander in State Court.

Analysis:
Iqbal, a 5-4 decision authored by Justice Anthony Kennedy, is by far and away the most telling and potentially destructive outcome to date to come from the Supreme Court’s Conservative Majority established under President George W. Bush. In writing the Majority Opinion, Kennedy declared, “Rule 8(a)(2) demands more than an unadorned the-defendant- unlawfully-harmed-me accusation and requires that a complaint be factually plausible.”

Mayer, Brown observed, “The decision in Iqbal thus suggests that a federal court no longer need draw factual inferences in favor of the complainant if it believes that a competing interpretation is more plausible.” Commenting just three days after the decision, they go on to say, “Although it remains to be seen whether lower federal courts will interpret Iqbal as abandoning Notice Pleading altogether, the opinion raises the pleading bar substantially and provides defendants with important ammunition to a Rule 12(b)(6) Motion to Dismiss for failing to state a claim.”

Now, seven months, and more than 1,500 Iqbal dismissals later, we recognize that Iqbal creates a pretrial screen by which the more egregious and outrageous the conduct pleaded and alleged, the more likely it will be dismissed based upon a particular judge’s experiences, associations, and prejudices, all combining to determine that which she will consider “plausible”.

Regrettably, just as we were beginning to make some headway against prosecutorial misconduct, and major governmental and corporate acts of Constitutional violation, we
find ourselves hog-tied by a “Conservative” majority in the Supreme Court whose decision was designed to slow, if not interdict altogether, the process of uncovering unlawful actors, both in government and corporate enterprise.

In the meantime, Mike Edelman, whose malicious obsession with, and activity on, the blogosphere, is undisputed, continues to defame and malign publisher Sam Zherka as if having been granted a license to continue doing so by the decision of Judge Seibel.

His verbal graffiti, easily identified by other bloggers, can be found on the blogs of complicit media sources. And, of course, he continues to run his mouth frequently on News12 where he masquerades as a Republican commentator, a claim Doug Colety, Chairman of the Westchester Republican Party, has repeatedly refuted.

Westchester Guardian Article/Ken Jenkins.

2009-12-31T10:23:00.000-05:00

A New Year...
SAME OLD CORRUPTION!

Having Investigated And Arrested Wilson Soto, The DA’s Office Must Now Deal With Ken Jenkins, A Far Greater Menace To Westchester Public Integrity

We were pleased to publish a press release issued by the Westchester County District Attorney’s Office on Thursday, December 17th, advising that Attorney Wilson Soto (D.O.B. 6/26/66) of 8 Huron Road, Yonkers, had been arraigned on a “Felony Complaint charging him with:

• One count of Offering A False Instrument for Filing, a Class E Felony;

• One count of Illegal Voting in violation of New York State Election Law, a Class E Felony.”

The arrest and arraignment of Mr. Soto came approximately 90 days following the September 15th Democratic Primary election in which he voted unlawfully, having issued a fraudulent Affidavit Ballot in support of his clients Jose Alvarado, candidate for re-election to the Westchester County Legislature from the 17th so called “Opportunity District” in southwest Yonkers, and candidate Wilson Terrero, seeking a seat on the Yonkers City Council from the 2nd Council District essentially contained within the 17th Legislative District.

Alvarado was opposed by Yonkers City Councilwoman Sandy Annabi, who was termlimited, and Terrero was facing Virginia Perez and two other candidates for the council seat Annabi was vacating.

It was tragically ironic that Wilson Soto should have been arrested and arraigned on December 17, 2009, the second anniversary of the senseless, brutal assassination of Virginia’s younger brother, Martin Perez. Perez was gunned down in a stairwell at 47 Riverdale Avenue in a botched robbery attempt as he was attempting to earn extra Christmas money delivering food from the former Emerald Diner across from Yonkers City Hall.

We were pleased that District Attorney Janet DiFiore chose to go forward with an investigation of Soto’s Election Fraud, having been supplied with a 76-page memorandum assembled by attorney Sam Abady, working on behalf of Sandy Annabi and Virginia Perez, and drawing upon information gathered from the two aggrieved candidates as well as affidavits from aggrieved voters, and, information gathered by, and reported, in The Westchester Guardian.

However, attorney Soto is clearly not the only individual involved in his acts of Election Fraud. County Legislator Jose Alvarado is deeply implicated. On Feb. 25, 2009, Alvarado had his first fundraiser at Wilson Soto’s home at 8 Huron Road. In his campaign finance filing with the State Board of Elections, Alvarado acknowledged a $1,000 campaign contribution from Soto, indicating Soto’s 8 Huron Road address. Nevertheless, Soto proceeded to fraudulently file his Affidavit Ballot on September 15 at the 15 Hamilton Avenue polling place, claiming to be domiciled at 279 South Broadway and proceeding to fraudulently vote for Alvarado and Wilson Terrero.

On October 5th Alvarado attended a celebration at Soto’s Huron Road home in honor of the seating of United States Supreme Court Justice Sonya Sotomayor. Yet, when interviewed by News12 on October 19, following Sandy Annabi’s submission of the 76-page memorandum to the Public Integrity Unit of the Westchester DA’s Office, Legislator Alvarado declared, “Mr. Soto lives at 279 South Broadway and has lived there forever.”

The simple truth is, Mr. Alvarado, who maintains his district office in Soto’s law offices at 281 South Broadway, no doubt paid for with County taxpayers’ funds, was well aware of the fact that he was lying.

Soto and Alvarado are far from the only individuals deeply implicated in the rampant Election Fraud perpetrated in southwest Yonkers on Primary Election day, September 15th. As previously addressed in The Guardian, over the past three months, there were many players, so-called poll workers who engaged in various Election Fraud schemes designed to perpetuate Alvarado’s tenure, and to elect Terrero by giving them the Democratic Party designation. As it turned out, despite all of the unlawful activity intended to defeat Annabi and Perez, Sandy lost the Primary by fewer than five votes and Virginia by fewer than 10.

As reported by The Guardian, immediatelyfollowing the Primaryelection, Yonkers Democratic Committee City Chair Ken Jenkinswas well aware of the unlawful efforts being made onbehalf of Alvarado and Terrero by persons appointed by him,and clearly did nothing to preventthem. Jenkins, with respect to voter fraud, would not be any part of the solution, but, rather, a major player in the problem.

Moreover, Ken Jenkins, the County Legislator, was engaged in his own very personal Election Fraud, precisely the same as Wilson Soto who has been apprehended and arraigned by the Westchester District Attorney’s Office; only Jenkins’ ongoing felony fraud was perpetrated not for the benefit of Alvarado’s or Terrero’s candidacy, so much as for his own.

In point of fact, Ken Jenkins, who has been seated in the 16th Legislative District for the past two years, has been there unlawfully having knowingly and willfully Offered A False Document To The Westchester Board of Elections December 18, 2006 for filing, having several times voted under that false registration and, having twice unlawfully offered himself as the Democratic candidate for County Legislator from the 16th Legislative District, where he knows perfectly well he does not live.

Mr. Jenkins is guilty of several more counts of Election Fraud than Wilson Soto, having voted in several general and primary elections since fraudulently filing three years ago; two of those elections unlawfully placing him in the County Legislature and lining his pockets with more than $100,000 of taxpayers’ funds.

As importantly, Ken Jenkins, by his flagrant abuse of power and unlawful manipulation of the electoral system, has been an intolerable, corruptive influence not only in the Yonkers Democratic Committee which he chairs and controls for many years, but also, as importantly, in the Democratic-dominated County Legislature where every one of the 16 other legislators has been aware that he does not reside in the district he purports to represent, and nevertheless, the 13 Democratic members now designate him their candidate for Chairman.

Again, we are pleased that the Westchester DA’s Office has done the right thing in pursuing the arrest and prosecution of Attorney Wilson Soto for his Election Fraud. However, we now urge that Office to thoroughly investigate the felonious Election Fraud of Ken Jenkins, whose corruptive influence both in Yonkers politics and on the County Board of Legislators, has been far more pervasive and damaging than that of Mr. Soto, and whose continuing flagrant fraudulent activities pose an incalculable threat to the integrity of the electoral and governmental processes in the County of Westchester.

Westchester Guardian Article/Ken Jenkins.

2009-12-24T22:56:00.000-05:00

Shameless Democratic Legislators

Ken Jenkins Nominated Chairman, Does Anybody Need A Better Argument For Abolishing The County Legislature?

Last week the Democratic members of the Westchester County Board of Legislators erased any doubt in the minds of taxpayers and homeowners as to just how corrupt they truly are.

For weeks, there had been speculation regarding who would be the Board Chair come January in light of Bill Ryan’s squeak-by victory over first-time challenger Bob Hyland in the November election. Tom Abinanti, Marty Rogowski, and Ken Jenkins were all mentioned as possible successors.

Having been tipped off by sources at the Journal News that former Congressman Joe DioGuardi and Greenburgh Supervisor Paul Feiner would be holding a function at the County Center on Thursday, calling for the abolishment of the County Legislature, Chairman Ryan quickly put together an “initiative” dubbed Westchester Renewed. At a press conference in the Rotunda at the Legislature’s chambers on Wednesday, he surrounded himself with about 40 County employees, fellow legislators, and a few municipal officers including Mount Vernon Mayor Clinton Young.

Ken Jenkins was present, but tried to stay out of camera range ducking and dodging during the presentation. The Board had passed the much-debated County Budget by a 9-8 vote on Monday. Jenkins had cast the deciding vote, in favor. The Guardian had investigated rumors that Jenkins did not live in District 16 which he has represented for two years, and determined that he and his family, in fact, live in District 15, publishing its findings in the December 3rd issue.

We pointed out the fact that Jenkins actually resides on Bushey Avenue, and not Moultrie Avenue, providing photos of the dwellings in question. Additionally, we provided a copy of a December 4th, 2008 “Memorandum Of Legislation” on Mr. Jenkins’ Board letterhead, listing himself as sponsor of proposed legislation, the purpose of which he stated was: “Local Law to correct a boundary in Legislative Districts 15 and Legislate District 16 located in the City of Yonkers”; a virtual admission that he was not living inside District 16 and wanted the boundary line changed to accommodate him.

The Guardian also provided copies of his wife’s voter registration card, truthfully indicating the family residence on Bushey Avenue, dating all the way back to April 1988, as well as Jenkins’ re-registration card, filed December 18, 2006, falsely claiming that his domicile was at 28 Moultrie Avenue, a month after Andrea Stewart-Cousins was elected to the State Senate. We also provided the dialogue of a conversation with an actual resident of 28 Moultrie Ave., who made it clear that Ken Jenkins merely came to the dwelling to pick up his mail.

Given all of the above, and the fact that we had made certain that every member of the Board was aware of Jenkins’ “credentials problem”, and the fact that he was involved in the same kind of Election Fraud felony as Wilson Soto, we addressed Chairman Ryan at the press conference with the following: “Mr. Chairman, Richard Blassberg of the Westchester Guardian: While we think it is laudible that you have taken this initiative which will determine the nature of County Government in the future, we are concerned with how you will finance the current County Government?”

“It is our understanding that the County Executive’s Budget passed by just one vote, 9-8, and that, therefore, each vote cast in favor was a deciding vote, including the vote cast by Ken Jenkins, whose credentials have come under question, given the fact that he lives in District 15, and is representing District 16.”

“Mr. Chairman, we want to know how you intend to deal with the fact that, under the circumstances, with Mr. Jenkins not lawfully voting, any County taxpayer can now bring a likely successful suit to stop the passage of the budget because there was only an 8-8 tie vote.”

Bill Ryan responded that he would “only discuss questions directly related to his initiative.”

Wednesday evening, the 13 Democratic County Legislators, including Jenkins, meeting in caucus, decided that Ken Jenkins, a man each and every one of them knows does not live in the district he represents, and a man each and every one of them knows was deeply involved in the rampant election fraud in southwest Yonkers during the Democratic Primary election, was the best choice to be the next Chairman of the County Legislature.

Does anybody need a better argument for abolishing the County Legislature?

Westchester Guardian Article/The Advocate/Richard Blassberg/Andy Spano.

2009-12-10T22:57:00.000-05:00

Republican County Legislator George Oros Declares Spano’s Last-Minute Contracts “A Kick In The Teeth To County Taxpayers”

Last Monday afternoon, retiring Republican County Legislator, Minority Leader George Oros, held a press conference at his law office in White Plains to blast outgoing County Executive Andy Spano for what Oros called “A 2010 Budget filled with land mines and rewards for Spano’s campaign contributors, especially law firms.” He told reporters, “Republicans are calling for a moratorium.”

Oros commented paranthetically, “I’d love to see the budget that would be there if Spano had won.” He went on, “We must bring State, County and Municipal people together. We can achieve real economies of scale. People just can’t take it anymore.”

Oros stressed that, for years, he had called for “reform of the Board of Acquisition and Contract,” but that, on November 24, “the A&C Agenda included a handful of multimillion dollar, multi-year contracts.”

The so-called “11th Hour Contracts” include:

• $2.7 million to various law firms, all of which have been big contributors to Spano’s campaigns to perform of counsel legal services;

• $12 million for Westhab to operate homeless shelters;

• $4 million for security systems integration at the County Jail;

• $900,000 for a fence at Rye Playland.

The Board of Acquisition and Contract consists of three members, the County Executive, and his appointed Commissioner of Public Works, as well as the elected Chairman of the Board of Legislators. In effect, the County Executive, through his appointee, retains the power to pass any contract or long-term lease by his control of two out of three votes.

Oros told reporters, “The Spano Administration wants to tie Mr. Astorino’s hands and make it much harder to achieve the goals the overwhelming majority of voters chose him to accomplish.” He went further, stating, “This is not the way a county executive who has served 12 years should go out the door.”

Oros went on, “Voters spoke loud and clear in the last election that they were tired of business-as-usual in Westchester County government. It’s time for Mr. Spano to step aside and let a breath of fresh air come in.”

Asked if he was, in fact, still pushing for A&C reforms, Oros said he would “like to see the County Budget submitted before Election Day, as well as the use of zero-based budgeting.”

Under zero-based budgeting, every proposed expense, every purchase, every position in County Government, is re-evaluated in terms of developments since the prior budget to determine whether the position, the purchase, etc., is still justified and necessary going forward or, if, for whatever reason, that expense may need to be increased or possibly cut back, or eliminated altogether. Under such budgeting practices, the tendency to fund unneeded positions and expenses is greatly reduced, and duplication of services and acquisition of unnecessary materials and leased space are more easily identified and eliminated.

Oros went on to say, “Spano is frustrating the will and the sentiment of the taxpayers with $30-40 million of 11th hour expenses. We should put those items on hold and give the new administration a change. He owes it to the voters, but he really doesn’t care what they think.”

As if to confirm George Oros’ assertions, on Wednesday, just 24 hours after the press conference, the Guardian received a “Letter to the Editor” from a County Government employee (see page four, “Spanocrat Going to County Board of Elections.”)

We were gratified that the reader had adopted the title ‘Spanocrat’, coined by The Advocate several years ago to describe those party insiders whose attachment for financial selfenrichment, to Andy Spano and Company was much more compelling than their commitment to Democratic principles and practices.

Westchester Guardian Article/Ken Jenkins.

2009-12-03T13:05:00.000-05:00

Back on Sept. 15th, during, and immediately after, the Democratic Primary between incumbent 17th District County Legislator Jose Alvarado and challenger Sandy Annabi, and the Primary for City Council District 2, Democratic designation, involving Virginia Perez, Wilson Terrero, and two other candidates, we had expressed our disappointment with the behavior of Ken Jenkins. Responding to calls from poll watchers throughout southwest Yonkers, we came upon numerous instances of Election Fraud, at various polling places, intended to benefit Alvarado, Terrero, Janet DiFiore, and Tim Idoni, the Democratic Party designees. In some cases we arrived at polling places within a few minutes of Jenkins’ departure, as in the case of 15 Hamilton Avenue, a polling location in a senior housing complex.

At that site, we had observed an individual who other poll workers complained had steered voters to Alvarado and Terrero, as well as having voted numerous times for them herself, in addition to electioneering within the polling place and wrongfully interrogating supporters of Annabi and Perez as to whom they would be voting for before turning them away on one false ruse or another. We expressed disappointment with the fact that Jenkins, Yonkers City Democratic Chairman, had done absolutely nothing to report or stop the fraudulent activities.

Running without Republican or other opposition for reelection to the 16th District legislative seat, Jenkins would be Alvarado’s and Terrero’s running mate, and, wasn’t going to let a little thing like numerous instances of reported Election Fraud; the turning away of voters who were qualified to vote, the intentional jamming of opponents’ levers in the machine, electioneering right into the voting machine, reported unauthorized voting at different polling places, and the like, to get in the way. As chairman of the largest municipal Democratic Committee in the County, and likely the third largest in the State, exclusive of New York City, Ken Jenkins saw no reason to curtail the unlawful activity on Primary Election Day, nor any reason to investigate the many complaints raised by affidavit by decent, honest Democrats in Yonkers who had been “run over” by Alvarado and Terrero operatives and poll workers selected by Jenkins.

Jenkins had nothing to say when The Guardian exposed attorney Wilson Soto’s felony Election Fraud, his falsely swearing on an affidavit ballot that he lived at 279 South Broadway, Yonkers, when, in fact, he lives at 8 Huron Road, several miles away. Jenkins has no problem at all with politicians and political operatives claiming they live one place when, in fact, they live somewhere else.

After all, he lives at 108 Bushey Avenue with his wife and children, a single-family dwelling clearly in the 15th Legislative District, but claims he lives at 28 Moultrie Avenue, a multiple dwelling in District 16 where, incredibly, he is the legislator. Apparently little fibs like intentionally falsely swearing on voting affidavits don’t really matter much to Legislator/Party Chairman Ken Jenkins, even though doing so is a felony.

It isn’t as though Jenkins was ever unaware of the fraud he has been perpetrating ever since he decided he would be the one to replace former County Legislator Andrea Stewart-Cousins, when she moved into the State Senate after beating Nick Spano in November 2006 for a second time, having beaten him in 2004 by 355 votes, but getting screwed out of her victory by the combined efforts of such Democrats as Andy Spano, Larry Schwartz, Reggie LaFayette and, yes, Ken Jenkins, who never so much as spoke out on her behalf. He knew, as Yonkers City Chairman, he would get to replace her the next time she ran, and the Justice Department saw to it that Nick and his hoodlums, and Democratic co-conspirators, would do nothing to risk a stretch in federal prison.

No, it isn’t as though he hasn’t tried to gerrymander part of the district he actually lives in, District 15 into District 16 so that District 16 would include the street he has been living on for years with his family. In fact, almost a year ago, on December 4, 2008, he made a feeble, half-hearted attempt with a memo to his fellow legislators, “To correct a boundary in Legislative Districts [sic] 15 and Legislative District 16, located in the City of Yonkers.” Apparently, later he thought it was better not to bring attention to his ongoing fraud because the issue was never brought to the floor for action, as far as we can tell.

A visit to the Board of Elections last Monday, November 23, produced copies of Ken’s and Mrs. Jenkins’ voter registration cards. Deborah Hudson-Jenkins’ registration, that dates back to April of 1988, clearly indicates that she lives on Bushey Avenue in Yonkers. However, Kenneth W. Jenkins’ voter reregistration, filed on December 18, 2006, following the election of Stuart-Cousins, indicates that he had moved from 108 Bushey Avenue, and was now living at 28 Moultrie Avenue, inside Legislative District 16.

A visit to 28 Moultrie Avenue to photograph it on Saturday, Nov. 21 at 1pm, produced an interesting exchange with an actual resident of that apparent multiple dwelling. We photographed the building by getting out of our vehicle, walking up in front of it, and conspicuously shooting pictures.

Getting back into our car, we continued slowly north, up the street to its end and turned around. Approaching the house from the opposite direction we observed a tall, middle-aged man stepping out into the street, attempting to hail us down. We pulled up to speak with him.

He asked, “Why were you taking pictures of the house?” We told him that were with the Westchester Guardian newspaper and we were taking pictures of the houses where County officials live.

We asked, “Does Ken Jenkins live here?” The gentlemen replied, “Yes, he do; he gets his mail here.”

We asked, “Do you live here?” pointing to house number 28. He responded, “Yes.”

We then asked, “Does Kenny live here with his family?” He then said, “He comes here with his family.”

Ken Jenkins would appear to be carrying on a major scam with regard to his domicile address for political purposes for nearly three years now, having put himself, by virtue of his chairmanship of the Yonkers Democratic Committee, into the former County legislative seat of now-State Senator Andrea Stewart-Cousins. He apparently reasoned that nobody would be the wiser if, despite actually living for many years on Bushey Avenue in Legislative District 15, he simply filled out a new voter registration card indicating that was living at 28 Moultrie Avenue, in District 16, and arranged to have his mail delivered there where he might pick it up.

Of course, a year ago, when the scam was apparently becoming known to some he was concerned about, he produced the brief memo regarding the need to change the boundary line. In other words, boundary lines and rules are for other people, not for a powerful chairman of the Yonkers Democratic Committee.

Given his recent overtures with respect to the Chairman’s position on the Board of Legislators, we say, “Not so fast, Mr.Jenkins!” If 28 Moultrie Avenue in Yonkers is not your domicile address, the place where you actually live, then the voter registration card you filled out and signed on December 18, 2006 involved an act of fraud when you knowingly swore to, or affirmed, that false statement, and you have committed a felony for which, under statute, you should be “fined up to $5,000 and/or jailed for up to four years.” However, as importantly, you should be immediately stripped of your legislative post upon confirmation of your failure to meet the residence requirements in the 16th Legislative District and made to return all salary and stipends fraudulently gathered over the last, nearly, three years.

Westchester Guardian Article/Giulio Cavallo.

2009-11-12T01:06:00.002-05:00

Message from The Publisher.

Mighty Independence Party Chair Knocks Out Andy Spano In Fourth Round

On Tuesday, Election Night, The Guardian was present at the Astorino victory celebration at the Crowne Plaza in White Plains. At about 10:30pm a man in the room yelled out, “Giulio Cavallo knocked out Andy Spano.”There was a round of applause and cheers for Dr. Cavallo,
the maverick Chairman of the Westchester Independence Party.

As numbers continued to come in, it became clear that what the man had said was, in fact, true. The powerful political fat cat, Andy Spano, a Democrat, in a Democrat-dominated County, where Republicans are outnumbered two to one was, in fact, knocked out by the leader of the Independence Party, a small but mighty third party with fewer than 23,000 registered voters countywide.

That knock-out punch had come from the hand of none other than civic leader and party chair, Dr. Giulio Cavallo.

Dr. Cavallo has led the Westchester Independence Party for more than 12 years. In that time he has supported Democrats, Republicans, Independents, and Conservatives alike in elections throughout Westchester, Rockland, Orange, Putnam, and Dutchess Counties.

This year was special for Doc. After four years of arrogant, excessive taxation, and economic enslavement perpetrated by Democratic Party County Executive Andy Spano, and County Legislator Bill Ryan, Dr. Cavallo vowed to step up to the plate and fight the administrations he had helped elect in the last election cycle.

Cavallo had declared, “It’s about doing what is right. Our elected officials have forgotten that they were elected to serve and not to be served. The duty of the Independence Party is to represent the interests of the People, all the People.”

In January 2009, at a meeting in New Rochelle, Dr. Cavallo, the Westchester Independence Party Committee and Guardian Publisher Sam Zherka decided to join forces to organize the Westchester Tea Party, an anti-tax movement determined to reduce Westchester’s bloated County Government.

On April 25th, the Tea Party Rally was held at the Westchester County Office Building; and an estimated three thousand angry and frustrated citizen taxpayers assembled to petition and protest against Andy Spano and his Administration for their “tax and spend policies” which had turned Westchester citizens into “the highest taxed citizens in America”.

Spano and his Administration attempted to downplay the Tea Party event. However, that event clearly elevated stock in the Westchester Independence Party which helped deliver the knockout blow.

On Election Day The Guardian visited many polling places throughout the County, questioning voters before and after they cast their votes. One voter, a man in his 50’s, from Tuckahoe named Charles, stated that he was fed up with the status quo, and wished “for a revolution; a
revolution is what we need to teach our politicians a lesson, maybe a ‘tax strike.’” When asked if he had attended the Tea Party in White Plains back in April he indicated that he hadn’t, but that his family members had.

Another man, George Nivkor, accompanied by several family members at a polling place in Yonkers, when asked if he was happy with Yonkers and Westchester County politicians and taxes, said, “We feel like we are being extorted. I’m watching rampant waste and theft all at our expense; and we are tired of it.”

When asked if he was a Democrat or a Republican, Nivkor replied, “Some of my family are each, but this year we are Independent and voting Row C, the Independence Party.”

It’s clear that the Independence Party has struck a nerve, and the numbers show it. Over the last three countywide elections, the Independence Party received between five and seven thousand votes. This election, they more than doubled that number, with well over 12,000 votes, which Dr. Cavallo attributes to the Independence Party’s role at the Westchester Tea Party Rally and all the mailings and telephone calls the Party faithful did to get out the vote.

“We mailed literature to thousands of taxpayers, asking them to join us,” Cavallo said. He went on, “Unlike the Conservative and Working Families Parties, the People of Westchester County know where we stand on the issue of high taxes. The Conservative and Working Families
Parties have done nothing to combat the tax problem. In fact, both minor parties endorsed Andy Spano, but didn’t make a difference.”

Cavallo reiterated that as a civic leader and party chair, it is his duty to stand up against politically-entrenched, power-hungry politicians when it comes to issues that negatively effect so many lives as high taxes do.

When asked where the Independence Party will be going from here, Cavallo said, “Nowhere but up; we are the third largest party in the state, and maybe one day we’ll be the second, or even the first, but in the meantime, on Election Day, we were the most important party and the deciding factor for some of the most important races in Westchester.”

Political insiders have confirmed that Andy Spano made numerous attempts to obtain the Independence Party endorsement; but was rejected every time by Dr. Cavallo. It is clear that had Spano gotten that endorsement, he might have remained King Andy for a fourth term.

For now, we must hail Dr. Giulio Cavallo, a true leader with the moral fortitude and courage to do the right thing. He is the most powerful political figure in Westchester.

Westchester Guardian/The Advocate/Westchester County Government/Westchester County Board of Legislators.

2009-09-17T19:28:00.001-04:00

Thursday, September 17, 2009

If This is What County Government
Has Done For The People Of Westchester, It’s
Time To Do Away With County Government

Last Tuesday morning, September 8th, we attended the third in a series of hearings at the County Legislators’ Committee Conference Room at the County Office Building dealing with the federal government’s ultimatum to Westchester to promulgate and finally comply with the rules and actions needed to bring about affordable, fair housing.

Regardless of the show that Susan Tolchin, Deputy County Executive, continues to stage, ably assisted by attorney Stuart Gerson of Epstein, Becker & Greene, there is no denying that Andy Spano, and his partner in crime, Larry Schwartz, have gotten Westchester taxpayers in over their heads by their reckless, incompetent misappropriation of nearly $52 million, and their deceptive accounting of its use.

Last week we suggested that Spano had let down both the legislators and taxpayers. We still believe that. However, following a discussion with Chairman Bill Ryan just prior to the start of Tuesday’s proceedings, we now believe that the legislature is every bit as culpable as Spano & Company for the predicament homeowners and taxpayers are now confronted with. When asked how it was that he and his fellow
Board Members had not retained their own attorney, Chairman Ryan indicated that he didn’t believe that the Board of Legislators needed separate legal counsel.

When we raised the issue of Separation Of Powers between the Executive and Legislative branches in County Government, Ryan saw no conflict in relying upon the legal advice of County Attorney, Charlene Indelicato, who was employed at the pleasure of the County Executive, and Stuart Gerson, outside counsel also retained by Spano, to whom Gerson expressed his “loyalty” at the first hearing, a notion Ryan quickly took issue with. We do not accept the idea that Bill Ryan could possibly be that naive. If he is trying to suggest that Andy and Larry haven’t misappropriated federal grants and misrepresented to the federal government, the Department Of Housing And Urban Development, what they did with $52 million, he is culpable before, and after, the fact, and should be held just as accountable as Spano,
Schwartz, and Tolchin, together with every other legislator who sits around that conference table never once asking where the $52
million went.

In plain English, there is no way that use of the same attorneys who, for more than two years, have worked for Spano & Company in the effort to mitigate and minimize their wrongdoing in negotiations with the Justice Department, HUD, and the Federal Court should now be advising and instructing a supposedly separate and independent body of taxpayer representatives, particularly given that those same taxpayers must now pick up the $65 million tab for all that wrongdoing.

It’s safe to say that the 17-member Legislature, the overwhelming majority of whom were campaign-financed and assisted by Spano from contributions controlled by him and Larry Schwartz, are not all that concerned about the plight of their constituents under the terms of the imposed settlement. Why else would only 12 of them show up on time and others, such as Republican Jim Maisano, miss both the first and third hearings?

Jim Johnson, a former United States Attorney, a federal prosecutor with extensive experience in the area of housing discrimination, was introduced as the appointed monitor, although Chairman Ryan was careful to describe him as “the individual proposed as monitor,” as if the County had
any choice in the matter if the Legislature accepts the settlement.

Then Ryan introduced Rose Noonan, an individual with several years of experience in housing issues in Westchester, dealing with not-for-profits, County government, as well as the City of Yonkers, and instructing at Pace University Law School; in short, someone thoroughly enmeshed
in, and dependant upon, the Westchester network of control for her bread and butter.

At that point, as if to emphasize his allegiance to, and blind obedience to, the Spano Regime, Ryan said, “We have our very own outside counsel who is acting as our consultant in this matter, Stuart Gerson.”

Nothing could be further from the truth given the manner in which this entire housing dilemma was brought into being, under the control and mismanagement of Spano & Company.

To now tell the public, the overtaxed homeowners and business-people who will have to foot the bill, that Stuart Gerson, an attorney who has
been working behind the scenes for more than two years to cover Andy’s backside, that he is the County Legislators’ legal consultant, is to deny
any independent voice, any representation of the Peoples’ interest, on the part of the so-called County Legislature.

In fact, it is a blatant admission that the Board of Legislators is simply a 17-member/50 support staff rubber stamp; and a damned expensive one at that. Readers must not lose sight of the fact that 13 out of 17 of these so-called legislators, individuals pulling down $1,000 a week plus stipends
for a part-time job, are Democrats, all of whom feel beholden to Spano and Schwartz, and, could care less about their constituents’ interests or wishes.

They proved that, unmistakeably, with the purchase of the Halpern white elephant at 450 Saw Mill River Road in Ardsley last year. They established that when Andy says “jump”, they only ask, “how high?”

The moldy old building was a commitment of $13.5 million, to possibly as much as $20 million, before it is repaired and renovated; we will never know for sure. This commitment, if approved, will be for $65 million. Not one of these legislators asks where the money went, or why Spano violated the False Claims Act by lying, yes, lying to HUD and the federal government. They don’t ask because they are culpable themselves.

If ever there was a moment when the citizens of Westchester could clearly see the dysfunction within County government; the failure to have checks and balances, the corruption with money of the Legislative Branch by the Executive, that moment is now!

The Board of Legislators is ready to sell out the People of Westchester. Not one of them apparently comes to the table with clean hands. So committed are they, Republicans included, to covering up all of the wrongdoing and double-dealing that has placed our homeowners and taxpayers
in the fix they are now in, that they are only too ready to sign off on an agreement that will cost their constituents $65 million and place control of the future growth of their communities in federal hands.

If this is what County government has done for the People of Westchester, it is time to do away with County government.

Westchester Guardian/In Our Opinion/Our Readers Respond.

2009-09-17T19:22:00.001-04:00

Thursday, September 17, 2009

In Our Opinion...

Hey, Mike!

We strongly support the First Amendment, particularly Freedom Of The Press. As a newspaper, we are very sensitive to any attempt,
no matter how subtle or disguised, to stifle free expression of one’s knowledge or beliefs. History has repeatedly shown us that totalitarian
regimes characteristically do not accept, or live in harmony with, a free press.

A free press, and an unfettered marketplace of ideas, is essential to any Democratic society or form of government. However, it is mandatory
that anyone holding themselves out as a journalist be willing to identify both himself and his source, especially when publishing an accusatory piece, one that may be damaging to another, or to their reputation. In this regard, although we support the First Amendment in all of its manifestations, be they broadcast, newsprint, hard-covered, or electronic, we have no respect for those who would ventilate their flatulent offerings while hiding behind the anonymity of their computer IP.

Such creatures foul up the marketplace of ideas with their excretions, frequently not merely assuming an Anon or some other fictional
identification, but often using many assumed identities, sometimes 10 or 12, posting one dropping after another, asking and answering their own irrelevancies. At times these ‘burnt offerings’ are almost amusing, but for their usual highly defamatory content. For such posters, it’s as though they can’t get their daily fix until they spew their venom, and then go hide.

To suggest that such multiple posters are cowardly creatures is to engage in classic British understatement. They have an axe to grind, and/or an agenda, or somebody else’s agenda to further, and frequently go from blog to blog, leaving behind their mostly fictional, malicious rants, much as graffiti sprayers do as they go from wall to fence, disfiguring the urban panorama.

Interestingly, even when they blow their own cover with their repetitive beef, their practice-specific terminology, and their manic repetition,
getting identified by name by the very next poster, they go right on as if the silver bullet had just bounced off their body armor. In reality, they are pathetically addicted to the blogosphere, getting a rush from posting rude, sometimes very crude, remarks about decent individuals whose shoes they couldn’t shine, whose eyes they couldn’t look into; they don’t stand tall enough.

“Cowardly creatures”? Sure, but somehow ‘little worm’ seems a much more fitting description. It’s truly hard to tell if they are one notch above, or one notch below, the creeps who write on the walls in public toilets. As a “political commentator”, Mike Edelman, what do you think?

Our Readers Respond...

And Now A Word From The Right

Dear Editor:

After reading an article by your Democratic operative, Fred Polvere (Our Elite Media) I must ask a question culled from his “objective” article. On what planet do you spend your time, Mr. Polvere? The article deals with an ad placed on MoveOn.Org during the Bush Administration which spliced together images of Bush and Hitler. It is Polvere’s contention that the Republican Party unfairly condemned the Democrats when he claims they were totally innocent in the publication of the ads.

For Polvere’s information MoveOn.Org is a left-wing group funded by George Soros, an avowed Socialist, and an unofficial arm of the Democratic Party. To state as he did in the article that the Republicans should have remained mum and not condemned the Soros group and the Democrats is naïve. Who runs the mainstream media in America today? Not the Republicans or the various conservative talk show hosts,
but as Polvere knows, or should know, the media is infested with Liberals who wouldn’t know the truth if they fell over it.

Instead he condemns the Fox News Channel which at least makes an effort to present both sides of an issue. Can the same be said for CBS, NBC, ABC or the New York Times? The fact that a majority of Americans fell for the left wing propaganda of the left wing media and elected a neo-Marxist President is clear proof of the “objectivity” of the press. If they had dared to tell the truth about Obama’s background, his associates, and his political philosophy, it is a good bet that he would not be sitting in the White House with his American hating wife. The press in America has disgraced itself by laying down and becoming a harlot for the Obama Administration.

Sal Dye, New Rochelle

Another Good Idea From Paul

Dear Editor:

At the meeting of the Greenburgh Town Board on September 9th two residents spoke of the value of CPR training. One mother (Janine Thompson) advised the Town Board that her small child’s life was saved because a child care provider who worked for her provided CPR after the child choked (and after the frightened mother failed to successfully stop the choking). Wendy Marder Lewin also spoke of the need for CPR training.

The presentation made me reflect on an unpleasant fact: most people do not know what to do if a family member has a choking incident. Even if someone had CPR training years ago –if they don’t get refreshers, they will forget what needs to be done. I would like to suggest that all school districts teach every middle school and high school student CPR. CPR training by a qualified instructor could save lives. Students should also learn how to relieve choking and how to use an AED –automated external defibrillator. If one life is saved because of this annual instruction it would be worth the cost. Providing CPR training to every middle school and high school student and reinforcing the training each year makes a tremendous amount of sense.

Paul Feiner, Greenburgh Town Supervisor

Westchester Guardian/The Court Report.

2009-09-17T19:14:00.000-04:00

Thursday, September 17, 2009

The Court Report
By Richard Blassberg

Former Manhattan Cosmetic Surgery Clinic Owner
Extradited From Canada Pleads Guilty To Conspiracy To Defraud

PREET BHARARA, the United States Attorney for the Southern District of New York, announced that ARTHUR KISSEL, a/k/a “Arthur Froom,” a former cosmetic surgery clinic owner, pleaded guilty in Manhattan Federal Court to a scheme to defraud health insurance companies of more than $900,000.

According to the Indictment to which KISSEL pleaded guilty; the evidence at the 2000 trial of KISSEL’s wife, SONIA LAFONTAINE, in the case; and statements made during KISSEL’s September 2008 bail hearing and the guilty plea proceeding before United States District Judge DENNY CHIN: KISSEL and LAFONTAINE owned and operated LaFontaine Rish Medical Associates, a cosmetic surgery clinic located at 315 West 57th Street in Manhattan. LAFONTAINE -- who had no medical license and was not acting under a physician’s supervision - performed procedures which were billed as having been performed by licensed physicians. KISSEL and LAFONTAINE’s clinic also billed cosmetic procedures, such as “tummy-tucks” and liposuction, in the guise of medically necessary procedures, such as hernia repairs and lesion removals. They also submitted claims to insurance companies for procedures that were never performed, and exaggerated insurance claims by increasing the number and complexity of procedures that were actually performed.

KISSEL and LAFONTAINE were originally indicted in March 1998. At that time, KISSEL was in Canada where he and his wife ran another cosmetic surgery clinic. LAFONTAINE was arrested in the United States in 1998 and was found guilty on all charges on July 12, 2000, following a six-week jury trial. She was ultimately sentenced to ten years in prison. The United States initiated extradition proceedings against KISSEL in 2000, which resulted in his August 2008 return from Canada on these charges.

KISSEL, 55, pleaded guilty to one count of conspiracy to commit mail fraud and health care fraud, and one count of mail fraud. He faces a maximum sentence of 5 years in prison on each count; a maximum fine of the greater of $250,000 or twice the gross gain or loss resulting from the crime on each count; and forfeiture of the proceeds of his crimes. KISSEL is scheduled to be sentenced by Judge CHIN on December 15, 2009 at 2:30 p.m.

Mr. BHARARA praised the outstanding investigative work of the United States Postal Inspection Service and the Federal Bureau of Investigation in this case.

This case is being handled by the Office’s Major Crimes Unit. Assistant United States Attorney ROBIN W. MOREY is in charge of the prosecution.

Westchester Guardian/Jeff Deskovic.

2009-09-17T17:30:00.002-04:00

Thursday, September 17, 2009

Jeff Deskovic

Creation Of A National Institute
Of Forensic Sciences Is Critical

On September 3, 2009, a story appeared in the Daily News regarding Dwight Gomas, who had spent 17 months in Rikers Island in New York for robbery before it came to light that the fingerprints which formed the basis for his arrest did not, in fact, match him.

According to the News, “He was in fact 880 miles away, living in Atlanta, when armed thugs robbed Theresa’s Gold Lynch jewelry store in
Howard Beach in October 2003. A year later, Gomas was arrested for the robbery by United States marshals. Detective Eileen Barrett had
matched a partial index finger print from the crime scene to Gomas, whose prints were on file after an arrest for driving with a suspended license in Brooklyn. It was the only arrest on his record other than a juvenile bust.

A second NYPD detective, Charles Schenkel, confirmed Barrett’s identification, according to court papers. Gomas maintained his innocence
before the grand jury, but was indicted and couldn’t make the $30,000 bail. His Legal Aid lawyer advised him to accept a plea offer of five years in prison, but he refused. Gomas was headed to trial for a Queens jewelry store stickup when a veteran detective routinely checked his identification.

‘When I looked at it, I said, ‘You know what? is is a screw up; this is not his fingerprints,’ said Detective Daniel Perruzza, according to a
court transcript. ‘It looks similar, but ‘similar’ doesn’t cut it in prints. It has to be an exact match,’ Perruzza said. During his 523 days in jail, he lost his spot in a cooking school and his girlfriend and their child moved in with another man.”

As I have long maintained, the idea that people could be arrested and wrongfully convicted for crimes that they are innocent of is quite
scary. But the idea that one could be wrongfully arrested for a crime that happens in another state nearly 1000 miles away is even scarier. Yet it is a reality.

According to The Innocence Project’s website, “A report from the National Academy of Sciences released this year found that fingerprint
analysis was among the forensic disciplines that has not ‘been rigorously shown to have the capacity to consistently, and with a high degree of certainty, demonstrate a connection between evidence and a specific individual or source.’ According to The Innocence Project, “Stephan Cowans spent more than five years in Massachusetts prisons after a false fingerprint match led to his conviction for a crime he didn’t commit.”

But this problem goes way beyond merely cases in which fingerprint evidence is a factor. According to the Just Science website, which is
a broad-based group committed to having scientific standards in place regarding forensic science so that only scientifically based, sound procedures are the foundation of any forensic evidence and testimony in criminal cases: “Many forensic disciplines have evolved primarily through their use in individual cases and have not been scientifically validated or standardized. Forensic analysts sometimes testify in cases without a proper scientific basis for their findings. Testimony about more dubious forensic disciplines, such as efforts to match a
defendant’s teeth to marks on a victim or attempts to compare a defendant’s voice to a voicemail recording, are cloaked in science but lack even the most basic scientific standards.

Even within forensic disciplines that are more firmly grounded in science, evidence is often made to sound more precise than it should. For example, analysts will testify that hairs from a crime scene ‘match’ or ‘are consistent with’ defendants’ hair – but because scientific research on validity and reliability of hair analysis is lacking, they have no way of knowing how rare these similarities are, so there is no way to know how meaningful this evidence is.

In approximately 50% of DNA exonerations, unvalidated or improper forensic science contributed to the wrongful conviction. But, while DNA exonerations are a window into the effect of unvalidated or improper forensic science contributing to wrongful convictions, DNA does not solve the problem. Experts estimate that only 5-10% of all criminal cases involve biological evidence that could be subjected to DNA testing. In the other 90-95% of crimes, DNA testing is not an option – so the criminal justice system relies on other kinds of evidence, including forensic disciplines that may not be scientifically sound or properly conducted.”

With that background, the need for a National Institute of Forensic Science created by Congress is obvious. Roy Brown spent 15 years in
prison in New York for a murder he was innocent of. Innocence Project Co-Founder Peter Neufeld testified at a Congressional Hearing that,
“‘The forensic dentist [at Roy Brown’s trial] used what was then the prevailing method of comparing bite marks found on a body with the dentures of a suspect,’ said Neufeld. ‘He examined them and decided that he had a match with Roy’s bite. He so testified in court, and Roy was convicted.’”

At the moment, Congress is holding hearings and considering creating just such an entity. Fueling the inquiry is a report that was recently released. According to the Just Science website, “In 2006, Congress appropriated funds to the National Academy of Sciences (NAS)
to thoroughly study the fundamental underpinnings of forensic science and its applications in our criminal justice system. A blue-ribbon NAS panel was formed – including scientists, academics, a retired federal judge, and other notable experts. Over an eighteen-month period, the group held several public hearings and gathered comprehensive research on forensic disciplines.

This Committee on Identifying the Needs of the Forensic Sciences Community released its final report, Strengthening Forensic Science in
the United States: A Path Forward, in February 2009. In releasing their report, the co-chairs of the committee emphasized that there was a consistent theme throughout their deliberations.”

The report says: “The forensic science system, encompassing both research and practice, has serious problems that can only be addressed
by a national commitment to overhaul the current structure that supports the forensic science community in this country. This can only be done with effective leadership at the highest levels of both federal and state governments, pursuant to national standards, and with a
significant infusion of federal funds.”

The report’s key findings include:

• “With the exception of nuclear DNA analysis, however, no forensic method has been rigorously shown to have the capacity to consistently,
and with a high degree of certainty, demonstrate a connection between evidence and a specific individual or source.” (NAS Report, page S-5)

• “…What is needed to support and oversee the forensic science community is a new, strong and independent entity that could take on the
tasks that would be assigned to it in a manner that is as objective and free of bias as possible – one with no ties to the past and with the authority and resources to implement a fresh agenda…” (NAS Report p S-13)

• “There are great disparities among existing forensic science operations in federal, state and local law enforcement jurisdictions and agencies…
It is clear, however, that any approach to overhauling the existing system needs to address and help minimize the community’s current
fragmentation and inconsistent practices.” (NAS Report, page S-4)

• “Although research has been done in some disciplines, there is a notable dearth of peer-reviewed, published studies establishing the scientific
bases and validity of many forensic methods.” (NAS Report, page S-6)

• “A body of research is [also] required to establish the limits and measures of performance and to address the impact of sources of variability
and potential bias.” (NAS Report, page S-6)

• “…The adversarial process relating to the admission and exclusion of scientific evidence is not suited to the task of finding ‘scientific truth’…Judicial review, by itself, will not cure the infirmities of the forensic science community.” (NAS Report, page S-20)” According to that report, here is what reform would look like: “Assessment of validity and reliability:

• The federal government should establish a science-based federal entity or agency, the National Institute for Forensic Sciences (NIFS), to review
both existing and new techniques, devices and assays to determine the extent to which they are scientifically valid and reliable for use in the criminal justice system.

• NIFS should establish standards for reliable application of forensic science disciplines in criminal cases (e.g. match criteria) to ensure the use of forensics within prescribed parameters.

• NIFS should have compliance authority to ensure the discontinuation of invalid or unreliable methods.

Research:

• NIFS should fund both basic and applied research to test the validity and reliability of extant forensic methods, devices and assays; and to
support the development of new technologies to solve crime.

Quality assurance, accreditation and certification:

• NIFS should set enforceable standards for public and private laboratories, as well as for individual professionals, that conduct forensic tests
and examinations intended for use in courts.

• Quality controls and quality assurance programs should be established to secure the integrity of the ultimate forensic product in laboratories
and in courts. This should include (but not be limited to) validation of devices for particular labs; written protocols and procedures; minimum
qualifications, staff training and proficiency testing for personnel; and parameters for data interpretation, report writing and testimony.

Training:

• NIFS should support comprehensive training and professional development in the forensic science field in order to build the capacity for research
and quality assurance, and to bring current and new forensic science personnel into compliance with established qualifications and standards.

Oversight

• The Director of NIFS, in consultation with science-based federal government agencies, should appoint a Forensic Science National Commission
composed of science professionals to set broad research priorities and to promulgate forensic science standards.

• The Director of NIFS, in consultation with science and criminal justice-based federal government agencies, should also appoint an Advisory
Committee to provide input to the Commission and NIFS with regard to its various responsibilities.”

There are many junk sciences that lead to wrongful convictions. There is bullet lead analysis, which falsely purports to be able to trace the bullet fired from a gun used in a crime all the way back to the box from which it originated.

According to The Innocence Project’s website: “Hair microscopy, bite mark comparisons, firearm testing or tool mark analysis – have never been subjected to rigorous scientific evaluation. Other methods – such as serology (commonly known as blood typing) – have been properly validated
but are sometimes improperly conducted or inaccurately conveyed in trial testimony. In some cases, forensic analysts have fabricated results
or engaged in other misconduct.”

With each new revelation of a junk science, it becomes apparent that perhaps thousands more have been wrongfully convicted. Considering that we are talking about people’s lives, it is high time that we have a National Institute for Forensic Science. After all, in other disciplines oversight agencies and standards are in place. Electrical devices are scrutinized and tested by the Underwriters Laboratory. The Food and Drug Administration provides a similar function with respect to medicine and food.

A thought that has been absent, so far as I am aware, in the recent discussion about this topic is that while it is important for these steps to be taken, what has gone on previously? Surely the ‘experts’ who were testifying about various “sciences” in court in the furtherance of trying to
convict a defendant had to be aware that there was no scientific underpinning to them; that there existed no replicable protocols, or statistics,
that it was not hard science and in fact often was junk science.

While I could envision a few people doing so out of ignorance, it strains credulity to say that is the case with everybody. As people with advance degrees, they are familiar with general scientific methods. How could others who omit information regarding the statistical significance of a match or those who embellish, or even outright lie about it do so? Is there no conscience involved?

In my view, someone would have to be quite evil to give false or even simply inaccurate testimony against somebody, knowing that they were on trial often for serious crimes. Also unmentioned is the need to identify each and every “expert” who has engaged in any of these types of fraud,
and the need to vigorously prosecute them to the fullest extent of the law. Supervisors under whose watch fraud has occurred should, wherever it can be shown that they either looked the other way or even simply were negligent in their oversight, be fired and publicly disgraced, and permanently barred from ever working for the government again.

Their actions have, in my view, undermined, for quite a long time to come, the ability of the public who is aware of these issues, to feel safe as they
go about their daily lives, much as violent criminals who are concentrated in a particular geographical area do so.

In fact, I think that the level of fear could be higher. The odds of me, as an exoneree and therefore a high public profile, along with extremely competent lawyers working on my lawsuits, ever being wrongfully convicted again, are extremely low.

However, even with these differences between myself and the general public without those resources I, too, am once again afraid. Imagine that even being 880 miles away from a crime is not enough of an assurance of not being wrongfully arrested for it. As Dwight Gomas stated as reported in The Daily News “It is just a nightmare knowing that someone that’s innocent can be picked up off the street and held. That scares me now. It’s like I’m walking on eggshells. I try to cover my tracks for everywhere I go.”

Think, too, about sitting as a defendant at the defense table and listening to expert testimony that you don’t fully understand that is offered as evidence against you. Imagine being equipped with a court-appointed, overworked, under funded, and quite possibly incompetent, lawyer to represent you. Do you have confidence in what the outcome of such a trial would be, despite your innocence?

Westchester Guardian/Catherine Wilson.

2009-09-17T17:00:00.001-04:00

Thursday, September 17, 2009

Catherine Wilson, Bureau Chief
Northern Westchester

Protecting Your Assets From
Your Own Family

In August, 2007, the Guardian reported on the prevalence of identity the in our society. At that time we revealed that the biggest threat to an individual’s identity and assets is their own family. Who else knows your date of birth, your mother’s maiden name, the first school you attended,
your last address, and even the name of your pets? When a family member uses your information to obtain a loan for themselves, it constitutes identity the and they can be criminally prosecuted.

But there is a growing area of the that is posing an even greater cause for concern for our local residents, particularly the elderly and the disabled – the the of assets covered under a power-of-attorney.

In recent months the Guardian has learned of numerous cases in Westchester communities where a family discovered, upon the demise of a loved one, that their loved one’s estate was depleted using a pre-existing power-of-attorney (POA). Until this month, depleting the entire life savings
of a family member with a power-of-attorney was relatively easy to do in New York State. All the unethical family member needed to do was coerce their loved one in granting them full powers over their assets by signing a POA form in the presence of a notary.

Prior state laws incorrectly surmised that a notary would assure that the POA was being signed by the individual of their own free will. Notaries
Public regularly witness the signing of a variety of legal documents and are supposed to be independent of the parties involved. However, there is no audit mechanism in place in New York State to verify that the notary witnessing the signature was indeed independent and verified the capability of the signer and their willingness to conduct the transaction.

In one case that the Guardian has observed, the notaries involved did not conduct any due diligence whatsoever, thereby allowing the fraud to
happen.

Virtually anyone over the age of 18 can become a Notary Public in New York State – all it takes is a $15 fee and a passing grade on a relatively
simple test, the answers to which are supplied online by local County Clerks’ offices. It is all too easy under current New York State Notary Public laws for a family member to become a notary and “witness” the coerced form signed by the elderly victim.

Dementia victims, individuals suffering from mental and cognitive problems, poorly educated individuals, and even individuals who are incredibly trusting, are particularly vulnerable to this type of the . An elderly individual who is no longer able to take care of their finances and affairs often turns to a family-member for assistance. That family member, once aware of the amount of assets in the elderly person’s accounts, may see an opportunity to obtain those assets all for themselves, rather than waiting to receive their portion, if any, in accordance with the elderly relative’s will.

Once the unscrupulous individual has a power-of-attorney in their hands, they can now make all banking, investment, and real estate transactions for their victim. In each and every case the Guardian uncovered, by the time other family members realized what had happened, the money and even the houses were long gone. The Guardian uncovered cases where local thieves bought automobiles and homes claiming they were for the use of the victim, even moving the victim into the houses for a period of time to “justify” the purchases, and then transferring the deeds to themselves, circumventing any wishes the elderly person expressly noted in their Last Will and Testament for the distribution of their funds and assets.

Both our Federal and State governments inadvertently encourage the elderly and disabled to shift their money out of their own control thanks to Medicaid and disability laws. Individuals who need nursing home care or extensive medical assistance, such as the mentally ill and disabled, cannot
usually afford the high cost of such extended intensive care and must apply to the government for assistance.

However, in order to be able to qualify for government aid, the individual must first “spend down” their assets – they will only qualify for help once they can prove that they have almost nothing left in their own name with which to pay for their care. Once an elderly individual realizes that they are in the early stages of dementia, they will often be concurrently advised by their attorneys and financial planners to immediately start transferring their assets out of their own name to “protect them from Medicare”.

One of the first steps an elder care attorney will take with a new client is to draft a power-of-attorney form for them, entrusting the power over their assets to a family member or close friend. These powers can be drafted on behalf of the dementia victim to be used only once the individual no longer has any ability to act in their own behalf. However, banks and investment firms rarely ask for confirmation that an individual is incapacitated when accepting a power-of-attorney (POA) for a transaction.

The role of the elder care attorney is to assure that the individual is not being coerced in such situations; an attorney will interview the client
separate from the family members to assure that they are acting of their own free will. However, current state laws do not mandate that the power-of-attorney forms be drafted in the presence of an attorney. Anyone with access to the internet can download a free form and coerce the victim into signing it in front of a notary. As the Guardian uncovered, the notaries do not always assure that the individual signing the form is not being coerced. Nor are notaries required to take any training which would help them to identify the signs of coercion.

To deter some of these acts of fraud, New York State recently enacted new laws to expand the protection for individuals drafting a power-of-
attorney. As of September 1, 2009, the new power-of-attorney forms have several new clauses to protect the individual issuing the powers.
The new form’s name alone indicates the changes, the title was changed from “Statutory Short Form Power of Attorney” to “Statutory Short Form and Other Powers of Attorney For Financial Estate Planning”, recognizing the fact that most individuals drafting this form are doing so as part of an estate plan and that the POA should work in tandem with the wishes and directives outlined in the individual’s “Last Will and Testament”.

The new laws do not affect most POA’s already in effect prior to September 1, 2009. However, the law specifically requires new
POA’s for the following types of powers:

§5-1502J for “Construction” authority - for authority over benefits from governmental programs or civil and military service

§5-1502K for “Construction” authority - for authority on health care billing and payment matters; records reports and statements
§5-1504 for “Acceptance of statutory short form power of attorney”;
§5-1510 for “Special Proceedings”

The new state laws expand the definitions used in a POA including “Capacity”. Capacity is now defined by the State to mean “the ability
to comprehend the nature and consequences of the act of executing and granting, revoking, amending or modifying a power of attorney, any
provision in a power of attorney, or the authority of any person to act as agent under a power of attorney”.

In short, the definition as expanded raises questions as to the capacity of a cognitively-impaired, mentally disabled, or victim of dementia, even a mild version, to authorize a POA on their behalf.

Such restrictions may now require legal guardians to be appointed to review a POA for these individuals. While this may appear to be added
protection, the Guardian has revealed in recent months the kickback nature of the guardianship process in our courts, where such appointments routinely are given to attorneys whose only qualification is the amount of their campaign contributions to the judge appointing them. In one local instance, the court appointed a convicted felon to handle the affairs of a disabled young woman who was the victim of Aspersers’. The Surrogate’s Court has never required that this felon account for the $2 million in his care, in defiance with New York State laws. This sad case was reported by the Guardian in February and March of this year. To date, the court has done nothing to rectify this situation.

To circumvent individuals who possess POA’s from “gifting” any funds in their victim’s bank accounts to themselves, the new state law has
expanded its definition of a “Statutory major gifts rider”. According to the law, this rider allows the individual to define who and what they
intend to gift, if anything. The new law mandates that the “statutory major gifts rider and the statutory short form power of attorney it supplements must be read together as a single instrument”. Anyone acting on a POA, and attempting to make a gift to themselves from a bank account or other asset, will now have to produce the gifts rider as evidence along with the POA.

The individual who holds the authorities granted in a POA is referred to as an “agent” since they are acting on behalf of the person who signed
the POA (referred to as the “principal”). The new law has expanded the definition of agent to now include an individual who has a “fiduciary relationship with the principal”. The purpose of this new clause in the law is to avoid circumstances such as the recent organ-selling cases from disabled and poor victims. In this 10-year investigation uncovered by the Federal Bureau of Investigation, nursing home and health care employees were providing names of individuals who had no family members to the organ-selling ring who then obtained POA’s and other legal rights from their victims, enabling the crime. The new state law attempts to avoid “third-party” POA’s where the individual appointed as agent has no reason to be acting “in the best interests” of the principal.

A person who has a “fiduciary relationship” with another is someone who is legally expected to be acting “in the best interests” of the
other. While this new law has yet to be tested and applied in the courts, it does appear that the intent of the New York State lawmakers is to have agents prove that the purchases and expenditures they were making on behalf of the principal were indeed “in their best interests”. If not, this law could conceivably allow the other family members to legally challenge those purchases and any depletion of assets and funds.

Note – due to the stranglehold that the New York State Bar Association has over the New York State legislature by virtue of their lobbying
efforts and campaign contributions, only an attorney may offer legal advice in the State of New York. Therefore, this reporter cannot state the obvious here without running afoul of local lawyers, so any inferences we make about this new law have to be couched in terms such as “conceivably” and “perhaps” - not our usual direct style of reporting. But the trusts our readers’ ability to decipher this of the new law for themselves!

The new law specifically addresses what happens to a POA when the individual authorizing it becomes incapacitated – the new forms have
a clause that states “this POWER OF ATTORNEY shall not be affected by my subsequent incapacity unless I have stated otherwise below, under
“Modification”. The principal can elect to revoke the POA completely once they become incapacitated. The law also covers the size of the print that must be used on the POA form and specific cautions to be noted to protect the principal signing this form.

A new “Caution” clause has been added to the POA form: “CAUTION TO THE PRINCIPAL: Your power of Attorney is an important document. As the “principal”, you give the person whom you choose (your “agent”) authority to spend your money and sell or dispose of your property
during your lifetime without telling you. You do not lose your authority to act even though you have given your agent similar authority.

When your agent exercises this authority, he or she must act according to any instructions you have provided or, where there are no specific instructions, in your best interests. “Important Information for the Agent” at the end of this document describes your agent’s responsibilities.

Your agent can act on your behalf only after signing the Power of Attorney before a notary public. You can request information from your agent at any time. If you are revoking a prior Power of Attorney by executing this Power of Attorney, you should provide written notice of the revocation to your prior agent(s) and to the financial institutions where your accounts are located.

You can revoke or terminate your Power of Attorney at any time for any reason as long as you are of sound mind. If you are no longer of sound
mind, a court can remove an agent for acting improperly.

Your agent cannot make health care decisions for you. You may execute a ‘Health Care Proxy’ to do this. The law governing Powers of Attorney
is contained in the New York General Obligations Law, Article 5, Title 15. This law is available at a law library, or online through the New York
State Senate or Assembly websites, www.senate.state.ny.us or www.assembly.state.ny.us.

If there is anything about this document that you do not understand, you should ask a lawyer of your own choosing to explain it to you.” In addition, the new law imposes the following obligations upon the agent named in the POA: “When you accept the authority granted under this Power of Attorney, a special legal relationship is created between you and the principal. This relationship imposes on you legal responsibilities
that continue until you resign or the Power of Attorney is terminated or revoked. You must:

• Act according to any instructions from the principal, or, where there are no instructions, in the principal’s best interest;

• Avoid conflicts that would impair your ability to act in the principal’s best interest;

• Keep the principal’s property separate and distinct from any assets you own or control, unless otherwise permitted by law;

• Keep a record of all receipts, payments, and transactions conducted for the principal; and

• Disclose your identity as an agent whenever you act for the principal by writing or printing the principal’s name and signing your own name as “agent” in either of the following manner: (Principal’s Name) by (Your Signature) as Agent, or (your signature) as Agent for (Principal’s Name).”
While this new law instructs to act in the best interest of the principal and in accordance with any written instructions by the principal, it does not address whether those written instructions will hold up in court.

Many local elderly residents have already shifted the control of their assets to other family members to “protect them from Medicare”, under the
advice of their attorneys. Ethical family members understand that those funds are not their own money and hold them aside to be used for their
loved one’s needs.

Since these funds and assets were transferred to other family members before their death, and are then part of that family member’s portfolio,
these funds and assets are not considered to be part of the estate when the elderly individual dies. To assure that the family member holding the transferred assets does not keep them all to themselves, the elderly family member usually leaves written instructions as to how those funds and assets should be distributed upon their demise.

Unfortunately, those written instructions do not hold up in court. The Guardian has evidence of how one local attorney, a Law Secretary with the White Plains Supreme Court, advised his elderly mother to shift $150,000 of her funds to him to “protect them from Medicare”. When she died eight years later, those funds now legally belonged to her son. The attorney’s mother had left written instructions to address the distribution of these funds including allocating a small portion of them to each of her grand-children. But the attorney chose to ignore his dying mother’s
wishes and kept the funds for himself instead. When the children’s mother took this attorney to court to protest him not acting in his mother’s best interests by defying her written instructions, the mother was sanctioned and fined by the judge for daring to pursue this for her children.

So, while the new POA law may allow for written instructions to be followed, court orders in similar instances show that judges ignore these laws. As the Guardian has noted in previous reports on these issues, the courts offer little support to victims of fraud since so many fraud cases are perpetrated by attorneys and officers of the court to begin with. The best defense therefore that an elderly resident has is to find the most trustworthy member of their family, or circle of friends, to entrust the handling of their affairs to.

The new law is explained in detail by the New York State Bar Association in their online publication at www.nysba.org. The NYSBA has provided
a sixty-nine page analysis covering all of the areas of this new law. Since the changes are extensive and cover sensitive areas such as access to medical billing and government records and, since this article cannot be construed by the reader as legal advice, any local resident concerned about their existing power-of-attorneys, or their need for a POA, should consult with a trusted attorney who is experienced in the drafting, and pitfalls, of POA’s.

Westchester Guardian/The Advocate/Andy Spano.

2009-09-10T22:19:00.001-04:00

Thursday, September 10, 2009

The Advocate
Richard Blassberg

Rubber Stamp’ Legislators Grapple
With Spano/Schwartz Disaster

Last Tuesday morning, September 1, the committee conference room on the eighth floor of the County Office Building was filled to standing room only and spilling into the corridor when the session got underway at 10:10am; a session Bill Ryan, Chairman of the County Legislature, defined with his opening remark, “We have called this meeting of the Committee Of The Whole.”

In attendance were Susan Tolchin, Deputy County Executive, County Attorney Charlene Indelicato, County Legislators, Chairman Bill Ryan, John Nonna, Gordon Burrows, George Oros, Bernice Spreckman, Lyndon Williams, Vito Pinto, Mike Kaplowitz, Peter Harckham, Ken Jenkins, Tom Abinanti, Judy Myers, and William Burton. Additionally there was Stuart Gerson of Epstein, Becker & Greene, retained outside counsel. Absent
were Legislators Lois Bronz, who was ill, Marty Rogowski, who was “out of town”, James Maisano, working at his law office, and Jose Alvarado, in Yonkers “in his district.”

Referring to a meeting two weeks earlier, Ryan informed the packed room, “I committed that we would continue to hold meetings of the Committee of the Whole to put everyone in the best position to work with what the Committee needs to know to deal with this matter.”

There was an unmistakable sense of anticipation in the room, heightened by the unprecedented circumstances; two weeks of prior publicity and mounting anxiety over many unanswered questions.

The Spano Administration, as it turns out, had been negotiating with the federal government, the Justice Department and the Federal Court for some time, perhaps two years, in an effort to avoid getting jammed up as they now are.

Obviously, without consultation with, or revelation to, their Rubber Stamp Partners In Crime, Andy and Larry had been keeping their dealings a big secret, confident that whatever mess they made, their bought-and-paid-for legislature would simply have to go along with the consequences the Federal Court would impose on their constituents, the taxpayers and families they are supposed to represent.

Nevertheless, no one had broken from the ranks to ask the obvious question, “Where was the $52 million spent between 2000 and 2006, so wrongfully calculated and deceptively accounted for that a clique of five shrewd ‘not-for-profit’ litigants calling themselves the Anti-Discrimination Center of Metro New York could stand in for the Justice Department under the terms of the False Claims Act and get the already-much-overtaxed, struggling homeowners and business community of “wealthy” Westchester County caught with their upper and lower body parts (depending on gender) in the wringer.

Attorney Gerson, referring to the $51.5 million that Susan Tolchin would say was “going toward the construction,” declared to the legislators very early on, “You can’t build 750 units for this amount of money, you can’t build 750 units for twice that amount of money. You will vote for it, or
you will vote against it. It is not subject to change.”

Tolchin would then acknowledge a total package of $62.5 million, supposedly including the Anti-Discrimination Center’s $2.5 million legal expenses, plus penalties, but clearly in no way accounting for the County’s past, and ongoing legal and other expenses likely to bring the cost to
taxpayers well over $65 million if the Board votes to accept.

Gerson told the Board, “The number that’s in there now is lower than the original number. It was a spirited negotiation.” he identified Assistant United States Attorney James L. Cott, Chief of the Civil Division of the Southern District of New York as the negotiator for the federal government.

Mike Kaplowitz began, “Everything seems to cut against...” but, was interrupted by Gerson, who told him firmly, “There is no opportunity for change. The Government of the United States needs a sum certain. The money that the County is spending is for the County to leverage outside
money.”

Kaplowitz was uneasy, frustrated and feeling hemmed in. Gerson came back with, “It doesn’t say the County is going to build 750 units, but that it will get 750 units built.”

Lyndon Williams then spoke up, questioning whether a cap could be established to insure that the County would not be pushed into additional expenses over time. Mr. Gerson responded to Williams’ concerns, saying, “Neither we (the Spano Administration) nor the government feels
there is any ambiguity at all!”

Vito Pinto asked about the cost of the federal monitor and his staff, and was told it would likely be $250,000 in years one and two, and $175,000 in the years that follow.

Legislator John Nonna began to question what the sources of the so-called “supplemental funds” would be, seeking specificity. Then Peter Harckham moved the discussion toward issues of zoning as they might apply to placement of affordable housing units; and, the phrase “as appropriate” in the language of the settlement, as he put it, “based upon my own experiences as a builder of affordable housing.”

Of course, the notion of zoning problems suggested litigation, and, a response came quickly from County Attorney Charlene Indelicato, who declared, “I do not anticipate litigation. It would be absolutely a last resort.”

But John Nonna now jumped back in, asking, “Who gets to determine whether a proposal is appropriate or not? It looks as though the monitor gets to determine what is appropriate.”

Now, Stuart Gerson came back into the discussion with, “Remember we wanted the monitor. Our view was that we didn’t want the Court.” He went
on to say, when pressed further by Nonna, “I’m not going to say there will never be litigation.” Then, pausing, he clarified his comment with “It’s more likely some other municipality will seek judicial review, not the County.”

To his credit, Mike Kaplowitz was becoming increasingly more uncomfortable with the legislators’ lack of options. Gerson, at one point, told the Board with reference to the impact of the settlement, “There is nothing that changes the separation of powers in County Government;” a dubious
conclusion at best.

Kaplowitz, obviously sensing just how boxed-in Spano and Schwartz had left him, and his 16 fellow legislators, next queried Gersen, “Can we wait until we know the Implemental Plan before acting on the settlement?

The devil is in the details.” But Gerson came right back, telling the Board, “You must approve the implementation.” Kaplowitz protested, “This legislation did not have sufficient input.” Then, he asked, “Once we give approval of $51.6 million, is the implementation out of our hands?”

Tom Abinanti, who earlier had expressed a great deal of apprehension, some of which had begun to upset Chairman Ryan, now asked, “What’s the process?”

To which, County Attorney Indelicato quickly responded, “We don’t know;” and, Abinanti declared, “We don’t know either.”

At that point, Chairman Ryan acknowledged the general concern that the Board would need to approve the first $21 million “for bonding purposes.” He referred to the legislators’ task as “looking at this at the eleventh hour and realizing we didn’t have a hand in it.”

The $65 million dilemma Westchester families and taxpayers are now confronted with, and County Legislators are now attempting to wrestle with, grew out of the misappropriation of $52 million in federal block grants and misrepresentations made to the federal government with respect to the use of those funds intended by the government to promulgate and promote affordable, fair housing opportunities throughout the County.

In simple language, Andy Spano, Larry Schwartz and their Administration “knowingly” took $52 million in grants from the federal government, put it into hands and purposes never intended under the terms of the grants, and then repeatedly lied to the government about their failure to do
as promised.

The Federal False Claims Act, in pertinent part, is reproduced here:

“The False Claims Act (“FCA”) provides, in pertinent part, that:

(a) Any person who (1) knowingly presents, or causes to be presented, to an officer or employee of the United States Government or a member of the Armed Forces of the United States a false or fraudulent claim for payment or approval; (2) knowingly makes, uses, or causes to be made or used, a false record or statement to get a false or fraudulent claim paid or approved by the Government; (3) conspires to defraud the Government by getting a false or fraudulent claim paid or approved by the Government;. . . or (7) knowingly makes, uses, or causes to be made or used, a false record or statement to conceal, avoid, or decrease an obligation to pay or transmit money or property to the Government, is liable to the United States Government for a civil penalty of not less than $5,000 and not more than $10,000, plus 3 times the amount of damages which the Government sustains because of the act of that person . . . .

(b) For purposes of this section, the terms “knowing” and “knowingly” mean that a person, with respect to information (1) has actual
knowledge of the information; (2) acts in deliberate ignorance of the truth or falsity of the information; or (3) acts in reckless disregard of
the truth or falsity of the information, and no proof of specific intent to defraud is required.

31 U.S.C. § 3729. While the False Claims Act imposes liability only when the claimant acts “knowingly,” it does not require that the person submitting the claim have actual knowledge that the claim is false. A person who acts in reckless disregard or in deliberate ignorance of the truth or
falsity of the information, also can be found liable under the Act. 31 U.S.C. 3729(b).

In sum, the False Claims Act imposes liability on any person who submits a claim to the federal government that he or she knows (or should know) is false. An example may be a physician who submits a bill to Medicare for medical services she knows she has not provided. The False Claims Act also imposes liability on an individual who may knowingly submit a false record in order to obtain payment from the government. An example of this may include a government contractor who submits records that he knows (or should know) is false and that indicate compliance with certain contractual or regulatory requirements. The third area of liability includes those instances in which someone may obtain money from the federal government to which he may not be entitled, and then uses false statements or records in order to retain the money. An example of this so-called “reverse false claim” may include a hospital who obtains interim payments from Medicare throughout the year, and then knowingly files a false cost report at the end of the year in order to avoid making a refund to the Medicare program.

In addition to its substantive provisions, the FCA provides that private parties may bring an action on behalf of the United States. 31 U.S.C. 3730 (b). These private parties, known as “qui tam relators,” may share in a percentage of the proceeds from an FCA action or settlement.

Section 3730(d)(1) of the FCA provides, with some exceptions, that a qui tam relator, when the Government has intervened in the lawsuit, shall receive at least 15 percent but not more than 25 percent of the proceeds of the FCA action depending upon the extent to which the relator substantially contributed to the prosecution of the action. When the Government does not intervene, section 3730(d)(2) provides that the relator
shall receive an amount that the court decides is reasonable and shall be not less than 25 percent and not more than 30 percent.

The FCA provides protection to qui tam relators who are discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of their employment as a result of their furtherance of an action under the FCA. 31 U.S.C.
3730(h). Remedies include reinstatement with comparable seniority as the qui tam relator would have had but for the discrimination, two times the amount of any back pay, interest on any back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorneys’ fees.”

Westchester Guardian/In Our Opinion/Our Reader Respond.

2009-09-10T22:03:00.001-04:00

Thursday, September 10, 2009

In Our Opinion...

The Crucible

We said last week that the imposed affordable housing settlement would “bring the County Legislators’ moment of truth.” Having attended last Tuesday’s session, a so-called Meeting Of The Committee Of The Whole, we are further convinced that this social and financial disaster dumped on the County Legislators and, more importantly, through them, onto the families and taxpayers of Westchester, will be the crucible that will expose the wrongful relationship between the executive and legislative branches of our County government; the willful short-circuiting of checks and balances and separation of powers that are supposed to exist in our democracy.

The ugly reality for Westchester families, particularly those struggling to pay their highest-in-the-nation property taxes while feeding, sheltering, and educating their children, is that the present county executive, now completing his 12th year in that office under the guidance of Larry Schwartz, several years ago succeeded in nullifying the independent will and power of the so-called County Legislature. Quite simply, that was accomplished by seizing control of the Democratic Party machinery, particularly the fundraising operation, and then distributing money, campaign contributions, to the candidates of Andy’s and Larry’s choosing for positions on the County Legislature.

In addition, they abused the appointment of legislators’ spouses, etc. to County jobs, and the granting of County contracts, where possible, without the use of bidding, thus completing the scheme. Essentially, Spano & Company have, for several years now, used our hard-earned tax dollars to buy themselves the most controlled, fundamentally corrupted legislature money could buy; 13 Democrats, every one of them beholden to the County Executive for campaign contributions, selection, and ‘getting out the vote’.

What a cynical scam all these years. Why have a county legislature at all if its nothing but a rubber stamp for what turns out to be a devious, inept administration; one which even attempted to rip off and deceive the federal government.

Witnessing the failure of the overwhelming majority of legislators present to voice objection to, or even identify the culprits, Andy Spano, Larry Schwartz, and their mouthpiece, Susan Tolchin, who was present, and who now arrogantly presents a ‘take-it-or-leave-it’ proposition to them, was evidence enough of their all-too-willing co-conspiracy; one big happy family.

Consider the awesome power and control County Executive Andy Spano possesses. Not only does he control the District Attorney, who continues to look the other way, but also, for $1,000-a-week each, there’s nothing he hasn’t been able to get by his super-majority legislators; even a broken-down, mold-infested old building his buddies couldn’t pawn off on anyone else. Oh, what’s $20 million anyway? It’s only taxpayers’ money, after all. Now these legislators are confronted with a mess brought about by Spano & Company’s mismanagement, misappropriation, and deception; essentially an attempt to work a fraud against the federal government, for which they got caught, and for which taxpayers and homeowners will now be made to pay. If they were of the right frame of mind, as an autonomous, independent body of the People’s representatives, the legislators would have hired their own independent, outside counsel. The fact that they have failed to do so speaks volumes about their sincerity and their intention.

None of what is now occuring would be the case but for the bigger fraud Westchester voters have allowed Spano and his players to get away with for several years; one rigged election after another.

We think there is no better time than right now to rid our County of such political parasites, and all of their hack friends. It’s time to retire every single incumbent in County government now standing for re-election. They are all inter-connected, regardless of party, in a network of corruption that the honest, hard-working People of Westchester can no longer afford, and need to put an end to.

Our Readers Respond...

A Voice Of Wisdom From Yonkers

Dear Editor:

I am writing to urge registered Democrats, especially, to vote in the coming primary, and all in the November general election. All elected offices are important, but none currently exceed the importance of the District Attorney, in my opinion. I am a senior, and a woman, and I have been disturbed by a number of actions taken by the former District Attorney, Jeanine Pirro, and the current DA, Janet DiFiore. Jeff Deskovic, in his column, has reported that five of Jeanine Pirro’s convictions have been overturned in a higher court. I think it is likely there are many more as I am aware of a few myself. I have been told by a reliable source that close to 200 convictions need to be looked at in Westchester County from the past 20 years. That means many of those claiming innocence could actually be innocent and the real perpetrators still posing a threat to our citizens. Tony Castro has said he will take a second look at suspicious, weak, convictions.

He has also pledged to represent the rights and interests of all citizens, and has a record of integrity and excellence when serving as Assistant District Attorney in The Bronx. He supervised hundreds of ADAs, handling thousands of indictments per year, and, personally conducted homicide trials.

I believe much exculpatory data exists and continues to be withheld by DA Janet DiFiore. Only in Federal Court did Janet DiFiore admit 52 boxes and almost 400 pages of very exculpatory evidence were withheld in Anthony DiSimone’s case. Jeanine Pirro tried him, and Janet DiFiore tried to retry him despite the higher court decision. Janet DiFiore also seems confused on the good cop/bad cop score. She withholds information in the
Christopher Ridley shooting case that would point to impulsive, reckless action by one County cop, and possibly questionable action by others. But, she really shows her hand in Yonkers where she protected some brutal cops, and indicted their victims, some with severe injuries. She also has gone after some good cops who have dared to question her authority or her actions. Most Yonkers cops act professionally, but Commissioner Hartnett seems to have “a few stormtroopers” on staff.

I can’t help but think about the established fact that some 26 seals on voting machines were broken in Yonkers the last time we voted for DA in this County. Janet DiFiore won by only three percent of the vote over Tony Castro, and it was decided in Yonkers. Did the Yonkers Police have a part in this?

I suggest there should be a citizens’ watch over the building where the voting machines are held until the vote is made official; not only in Yonkers, but in any other community where the citizens believe there could be any tampering with their vote. Until power-hungry and/or corrupt district attorneys can be brought up on charges of prosecutorial misconduct and police officials charged for known compromising or coercive behavior on
suspects, Lady Justice will remain blind, all right, and the scales of justice weighted against the people.

Help vote for a real change. The primary is an essential step to breathing cleaner air in the County.

A Raging Granny In Yonkers Who Is A Former Probation Officer

Major Ethical Violations In Yorktown

Dear Editor:

Sometimes if you just listen, you can learn a lot. People have been stopping me all over town and I have just been listening. Many other people
have had their own personal “run-in” with our Highway Superintendent, Eric DiBartolo. I am glad that some other brave souls have not been intimidated by his threats and have publicly come forward to discuss their disturbing experiences. More disturbing is that nothing has been done.

Therefore, I will be submitting a formal complaint to the Town Ethics Committee to have a formal investigation of the following issues:

1. Over and over we hear the story about bribes being taken by not only our Highway Superintendent, Eric DiBartolo, but also by
other Yorktown elected officials. Not only is nothing being done, but there are not even any Hollywood-type denials by these officials.

2. The Highway Superintendent, Eric DiBartolo, used town employees to help gather signatures on his petition for the Board of Elections. We are not talking about a few signatures. One employee got 90 signatures and another got 48. The total number required was only about 400. They got more than 25 percent of the required signatures. Isn’t there some Civil Service rule about town employees engaging in political activity?
Was this done during work time? Did they “volunteer”?

3. The Highway Superintendent, Eric DiBartolo, was driving around town in an unmarked police car, pulling people over. Is this just another part of his expanded duties as “Director of Labor Operations”? Or was he impersonating a police officer? I am going to try that and see what happens.

4. The Highway Superintendent, Eric DiBartolo, has red lights and sirens on his town vehicle. He uses it for his work as a county arson investigator.
Why is a Town Vehicle being used for that activity? Does the Town have any liability if something happens during a response? And someone is getting reimbursed for mileage during that activity. Who?

5. How many times did we read about the Highway Superintendent, Eric DiBartolo, giving no-bid contracts to his friends and family? As an isolated incident, maybe you can let it slide, but with all the rest of the activity, is there some pattern here?

These questions have been out there for months and all I hear is silence. I will be walking around town talking to people and I am sure I will hear more stuff. Stay tuned and maybe we will have some answers. It is time for the empire of Little Caesar to come to an end.

Peter Antonaros, Yorktown

Reader Appreciates The Guardian

Dear Editor:

I would like to take this opportunity to thank the staff of The Westchester Guardian for providing the readers of Westchester County with material that they would not be able to find in any other publication.

Of particular interest is Richard Blassberg’s “The Court Report” with its reporting of court proceedings, and its reproduction of court documents,
which give our citizens an opportunity to observe and understand the actual operation of our judicial system.

I would also like to single out John Leo Tufts, Jr.’s “This Week In History,” from which I and other readers may supplement our knowledge of the history and traditions of our great country, and of its place in the history of the world.

I look forward to a long life of publication for The Westchester Guardian, and to many years of unique and informative weekly reporting.

Eugene Batizat, M.A., Yonkers

Reader Joins Health Insurance Debate

Dear Editor:

Regarding health care reform:

1. What percentage of one’s income should be spent on health insurance?

2. What additional percent of one’s income is one recommended to save for health care costs not covered by insurance? Must insurance
premiums be so high that one cannot afford to save for such costs?

3. Private insurance companies have adopted what is feared about a “public” insurance: restricted choice of doctors; gags on information about (or at least non-coverage of) “un-endorsed” treatments and methods; unaffordable premiums. On the one hand, what would be the advantage of a public option that mimics current private options? On the other hand, what advantage do the current easiest-to-learn-about private options have over a public option? Does not focusing on whether there should be a public option distract from specifics of what a health insurance package, public or private, should include?

4. What reason is there to agitate for or against “health care reform” before learning its planned specific details? Do the lawmakers voting on
it know the details? When will they be publicized? How will premiums be determined? Who will decide which treatments and procedures to declare “gold star”, to accept at all? In such decisions, how will human rights, science, commerce, ideology, and social engineering interplay?
Does the current package already contain or expect specific endorsements and, if so, what? Both people who fear ulterior motives and people
with ulterior motives need to know.

5. Is not mandatory health insurance, whether paid to the government or a private company, like a tax?

Jeanette Wolfberg,
Mount Kisco

Treat All Animals With Kindness

Dear Editor:

As a youngster, Christine spent much time with the chubby, happy, wiggly puppy her father gave her. But as Pepper grew into a big dog and Christine became a teenager preoccupied with other activities, Pepper was relegated to a lonely life outdoors, continually chained to a doghouse.

On the few occasions Christine visited the doghouse, Pepper “would go crazy with excitement and would still obey the commands I’d taught
him years before.”

One day, when Christine came home from college, Pepper was gone. Her father explained since nobody wanted to care for Pepper, Christine’s brother shot him.

Today, an adult, Christine is wracked with guilt. She has cried many times for Pepper and his sad life. She urges people to let their dogs live indoors, and to always exercise, love and protect them.

After reading Christine’s story in the Summer 2009 issue of PETA’s Animal Times, I hugged Lexi, my hound dog, and I thanked God for the opportunity to share my home with her and my two adopted hamsters.

Christine conveys an important message. And when we treat animals with kindness, we enrich our own lives as well as theirs.

Joel Freedman
Canandaigua, NY
The writer chairs the Public Education Committee of Animal Rights Advocates of upstate New York.

Westchester Guardian/The Court Report/Dan Schorr/Janet Difiore.

2009-09-10T20:51:00.001-04:00

Thursday. September 10, 2009

The Court Report
By Richard Blassberg

Dan Schorr Refutes DA DiFiore’s Statements
Victim Issued Letter To The Court Denouncing Minimal Sentence

Last Tuesday, September 1st, Dan Schorr, Republican candidate for Westchester District Attorney, stepped up his criticism of the handling of David Sanchez by that Office under Janet DiFiore. Schorr had previously strongly criticized DiFiore on August 17th for having offered Sanchez, who had been charged with Attempted Murder and Assault for savagely beating his ex-girlfriend nearly to death for more than five hours, holding her hostage in her car, a plea-bargained minimal sentence of five years in State prison.

Following Schorr’s remarks on August 17th, the DA’s Office issued a written response claiming that there had been no plea deal, and that the Court had made the sentence determination, and not the District Attorney’s Office.

At his press conference on Tuesday, Mr. Schorr said, “The Court record clearly indicates that the sentencing Mr. Sanchez received was a result of a negotiated plea bargain that was orchestrated by the DA’s Office.”

He went on, “Not only did Janet DiFiore offer another lenient plea bargain to a violent felon, but she then issued false statements to the media in order to cover up her complicity.”

The victim, Stephanie Vedovino also criticized the plea deal, issuing a letter to the Court denouncing the minimal sentence and Sanchez’ return to
society in five short years after his horrific crimes.

Again, your Honor, these are the words of Stephanie Vedovino. The following documentation is to inform the Courts of New York State, regarding the case of David Sanchez, of the events and occurrences which took place on May 29, 2008.

There was a force in Mr. Sanchez that I had never before experienced. It was a violent nature that terribly frightened me. The experiences that followed were traumatic and violent and very definitely, life-threatening.

I was beaten unconscious several times. It is difficult to remember some specific details. However, for six-and a-half hours, Mr. Sanchez held me as a prisoner in my own vehicle, turning it into a live torture chamber, where he violently attacked me and beat me viciously, threatening my life. I suffered from a fractured left eye orbit, a broken nose, facial distortion, skull and cranial contusions, contusions between my two scapula, contusions to my upper forearms, a slight concussion, a ruptured left eardrum, a blood filled eye, due to many broken blood vessels, lost hair, a
bruised trachea, visible strangulation marks around my neck and burns to my skin on my left arm caused by cigarette burns.

Mr. Sanchez told me in no uncertain terms that he was going to torture me the entire night and that I would be awake to see it all, until he would finally take my life. Mr. Sanchez is an extremely strong and athlete individual, and it was clearly impossible for me to escape from him. My vehicle became bloodbath, with splatters of blood including having spotted the interior roof of the vehicle, and strands of loose hair. My life was spared only through a miraculous intervention of a phone call.

At this point another party heard almost incoherent, terrified sounds. Mount Pleasant Police were then phoned and they searched and located my vehicle on Lilac Place in Hawthorne, New York, about a quarter mile down from my actual job site. The details are fuzzy as I was unconscious part of the time but Mr. Sanchez drove the vehicle himself to that location. Mount Pleasant police officers approached the vehicle.

Mr. Sanchez apparently told the police officer that I was his girlfriend and I had fallen down the stairs. At that point? while waiting for an additional officer, they took him into custody.

Mr. Sanchez then turned and shouted very loudly that he was just going to sit in the back of the cop car and everything was going to be all right.
Mr. Sanchez was then placed in custody in the back of the patrol vehicle. In my condition, I was required to go to headquarters to try to give a verbal deposition. There I finally was transferred to an ambulance and received medical attention at Westchester Medical Center. I was housed in a shelter for battered women. I am in constant and enormous pain both physically and emotionally. I receive therapy twice a week and group therapy once a week and am living in constant fear.

Following these truly terrifying events, I have come to realize that there is no greater fear than the fear of knowing that your own life may at any moment be taken by another so-called human being in your own society. The realization of awaiting the day, or having knowledge that there is a day to come where this individual will be once again in the arms of society, among the innocent, is a day wanted forbidden to come.

The face of justice, would that be the face of an incomplete woman, or is it not to ever see the face of the nemesis again. Does a stranger hold any
significance in this case, to those who have defeated the strangest individual. This is to all who consider society to be as a whole, for it is not a whole with those who cut through it. Please consider the truth of justice. The truth of justice which is one’s justice and freedom in society, we belong to society, not belong running from society. How can one call themselves to be one, when they can torture another one with no remorse, no reason, no cause, and be set free, to prey once again on society.

How can there be such justice for the individual who is capable of causing such harm to another, perhaps taking a life of another. Following the
release of a criminal from their sentenced time of imprisonment, the victim will indefinitely continue to find themselves still serving time.

Your Honor, that being said the People acknowledge, as does the victim, that this is a negotiated plea, that the Court’s promise to the defendant is a sentence of five years state prison and we’d ask your Honor to abide by the negotiations.

Sam Zherka/Bennett Gershman/Janet Difiore.

2009-09-10T20:41:00.001-04:00

Thursday, September 10, 2009

Guardian Publisher Sam Zherka Responds To Law Professor Bennett Gershman

Bennett Gershman, the Pace Law professor, has taken the easy way out by assailing Sam Zherka, for exercising his Constitutional right by criticizing nearly every politician in Westchester County, including life-long Republican, District Attorney Janet DiFiore. What Bennett Gershman forgot to mention is that Janet DiFiore, and her husband, Dennis Glazer, who was accused of trying to bribe the Right-To-Life Party candidate for District Attorney in 2005, make large contributions to Pace University, and sit on the Board of Directors. In essence, Janet DiFiore is Bennett Gershman’s boss.

In an editorial written in the Journal News, Gershman attempts to spin the truth by painting District Attorney Janet DiFiore as a professional and responsible DA who plays by the rules. The job of the District Attorney is to seek justice, not just a conviction, or DiFiore Justice, but the justice guaranteed by the United States Constitution and the Rule of Law. The unlawful prosecution of Irma Marquez, an innocent home health aide, who was brutally beaten nearly to death is just one of the many civil rights violations Janet DiFiore, the current DA, was involved in.

What does Mr. Gershman, the Pace Con-Law professor, say to the family of Rui Florim, a Portuguese restaurant worker who was brutally tortured by six Yonkers Police officers for over an hour, netting him 72 stitches, a fractured skull, lacerations and bruises all over his body, then prosecuted by Janet DiFiore without ever committing a crime? How would you feel if Rui was your son?

Mr. Gershman, what do you say to Kian Khatibi’s mother, whose innocent son was released this year after suffering in prison for over nine years for a crime he did not commit? Janet DiFiore, as a judge, was one of the culprits involved in stripping this young man of his freedom by denying his 440.10 Motion almost nine years ago. Up until the day of his release, DiFiore fought hard to keep this innocent man in prison.

Janet DiFiore’s very close relationship with Peter Viviano, a man with close ties to the Genovese Crime Family, is alarming and an eye-opener. Her solicitation and acceptance of tens of thousands of dollars in contributions from the Gabelli Fund, which the federal government accused of Fraud, and who was forced to fork over nearly 150 million dollars of public funds, tells us who Janet DiFiore really is.

Janet DiFiore, who was entrusted with the power to affect peoples’ lives, liberty and reputations, is the same DA who, on March 21, 2007 after The Westchester Guardian published an article revealing corruption on her behalf and her husband’s, called Sam Zherka on the phone and threatened Zherka and his family, saying, “How would you like it if someone came a er your family”.

Mr. Gershman needs to know that, when asked whether she threatened Sam Zherka and his family on the phone, she responded “I don’t recall” in court documents her lawyers submitted on her behalf. I would ask Mr. Gershman, “Are these the actions of a servant of the law and a representative of the People who defends the rights and liberties of all citizens with vigor?”

Mr. Gershman asks what Sam Zherka’s motivation is. As the son of Albanian immigrants whose father spent over a decade in Communist concentration camps under torture, and whose mother was beaten every day for over three years for demanding freedom and liberty, Sam Zherka’s motivation is exactly that, the guarantee of freedom and liberty for me, my eight children, my family and all people. I want to inspire people to participate in the political process, to ask more questions, and to demand answers from our public servants; to teach our family, friends and children to scorn injustice and falsehood.

The United States Constitution is not an instrument for the Government to restrain the People, but an instrument for the People to restrain the
Government. Mr. Gershman’s allegations that Sam Zherka has insinuated himself into the DA’s primary race are absolutely true. As an American-born citizen of this great country, it is my Constitutional right and duty to insinuate myself into every elected race especially when one of the candidates is a direct threat to the fabric of freedom and liberty.

As for any investigation by any authority, whether it be Janet DiFiore’s friends at the Manhattan DA’s office or any agency, I openly challenge anyone who can say Sam Zherka has ever committed a crime other than the exercise of Free Speech, which apparently to some in power in Westchester County is a crime.Mr. Gershman, as a professor of law and the Constitution, you should be ashamed of yourself for siding with opportunity over righteousness, politics over dignity, influence over Civil Rights and our Constitutional freedoms. Remember the words of Benjamin Franklin: “They who give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.”

Sam Zherka, Publisher, The Westchester Guardian

Westchester Guardian/Jeffrey Deskovic.

2009-09-10T06:30:00.002-04:00

Thursday, September 10, 2009

Jeff Deskovic

A Case Of Wrongful Execution Emerges

The uncovering of wrongful convictions has become so frequent that no one disputes that they occur. In fact, as I have been writing about for some time, as have many other columnists, their causes are well-known and documented.

Across the country little legislation has been enacted to prevent wrongful convictions. It is a matter of common sense that any system of justice that results in wrongful convictions will inevitably execute innocent people if there is a death penalty as punishment.

There have been many instances of near-wrongful executions, in which people who had been wrongfully convicted and sentenced to death had been cleared, but not before coming within a hair’s breadth from being executed.

Ron Williamson, at one point, came within 3 days; Earl Washington came within 5; Larry Swearingen, whose case is still being litigated, came within a few hours despite exculpatory DNA evidence. Recently Troy Davis came within a few days before the United States Supreme Court ordered
that powerful evidence of his innocence be considered by a lower court.

However, while thankfully those men were not executed, pro-death penalty advocates have often pointed to those cases as examples of the system catching its own mistakes.

In addition, as I wrote about in my three part series, Exposing The Death Penalty, there have been many cases of likely wrongful executions, but there is no one case in which there is a general consensus from people on both sides of the death penalty issue that can be pointed to as a wrongful execution.

In fact, some pro-death penalty advocates, in response to the argument that the death penalty should be discontinued because of the danger of executing innocent people, have used the fact that there is no one consensus case in order to try to “prove” the illogical point that there has never even been one instance of an innocent person who was executed, as a reason why the death penalty should not be discontinued on this basis.

Unfortunately, as of a week ago, that argument can no longer be made: It has come to light through a study commissioned by the State of Texas
by arson expert Beyler that Cameron Willingham was wrongfully executed.

It remains to be seen what Texas will do with this report in terms of whether they will make an official statement owning up to having executed an innocent man. Currently state officials are reviewing Beyler’s report.

This moment is being viewed as both a watershed moment and a horror. It should come as no surprise to anyone that the inevitability of executing an innocent man has now come to pass and is being acknowledged by all except the State of Texas which has not yet publicly commented.

Facts: Cameron Todd Willingham was executed in Texas in 2004 for setting fire to his home and killing his three young daughters. The following
is taken from an Op-Ed piece by Bob Herbert in The New York Times: “ The fire broke out on the morning of Dec. 23, 1991. Willingham was awakened by the cries of his 2-year-old daughter, Amber. Also in the house were his year-old twin girls, Karmon and Kameron. The family was poor, and Willingham’s wife, Stacy, had gone out to pick up a Christmas present for the children from the Salvation Army. Willingham said he tried to rescue the kids but was driven back by smoke and flames. At one point his hair caught fire. As the heat intensified, the windows of the children’s room exploded and flames leapt out. Willingham, who was 23 at the time, had to be restrained and eventually handcuffed as he tried again to get into the room.

There was no reason to believe at first that the fire was anything other than a horrible accident. But fire investigators, moving slowly through the ruined house, began seeing things (not unlike someone viewing a Rorschach pattern) that they interpreted as evidence of arson. They noticed deep charring at the base of some of the walls and patterns of soot that made them suspicious. They noticed what they felt were ominous fracture patterns in pieces of broken window glass. They had no motive, but they were convinced the fire had been set. And if it had been set, who else but
Willingham would have set it? With no real motive in sight, the local district attorney, was quoted as saying, “The children were interfering with his beer drinking and dart throwing.”

Willingham was arrested and charged with capital murder. Willingham couldn’t afford to hire lawyers, and was assigned two by the state: a former
state trooper, and a local defense attorney who represented everyone from alleged murderers to spouses in divorce cases—a “Jack-of-all-trades,” as he calls himself. He explained “In a small town, you can’t say ‘I’m a so-and-so lawyer,’ because you’ll starve to death,” When official suspicion fell on Willingham, eyewitness testimony began to change. Whereas initially he was described by neighbors as screaming and hysterical — “My babies are burning up!” — and desperate to have the children saved, he now was described as behaving oddly, and not having made enough of an effort to get to the girls.”

According to an investigative report by David Grann which was published in e New Yorker, “The crux of the state’s case, though, remained the scientific evidence gathered by two ‘experts’. On the stand, one of them detailed what he called more than ‘twenty indicators’ of arson.”

“‘Do you have an opinion as to who started the fire?’ one of the prosecutors asked. ‘Yes, sir,’ the expert said. ‘Mr. Willingham.’ e prosecutor asked the expert what he thought Willingham’s intent was in lighting the fire. ‘To kill the little girls,’ he said.”

According to the Op-Ed by Herbert, “A jailhouse informant also came forward who was a jumpy individual with a lengthy arrest record who would
later admit to being ‘mentally impaired’ and on medication, and who had started taking illegal drugs at the age of 9.”

According to The New Yorker, “The defense had tried to find a fire expert to counter the expert’s testimony, but the one they contacted concurred with the prosecution. Ultimately, the defense presented only one witness to the jury: the Willingham’s’ babysitter, who said she could not believe that Willingham could have killed his children.

The trial ended after two days. During his closing arguments, the prosecutor said that the puddle configurations and pour patterns were Willingham’s inadvertent “confession,” burned into the floor. Showing a Bible that had been salvaged from the fire, the prosecutor paraphrased the words of Jesus from the Gospel of Matthew: ‘Whomsoever shall harm one of my children, it’s better for a millstone to be hung around his neck and for him to be cast in the sea.’The jury was out for barely an hour before returning with a unanimous guilty verdict. As one of the experts put it, “The fire does not lie.”

Post Conviction: Lacking money to hire attorneys to handle his appeals, Willingham was forced to proceed with a public defender to file his
appeals. Multiple accounts of this case state that the representation he received was inadequate. In fact, during a later stage of his appeals, when a new attorney entered the litigation, he unsuccessfully challenged the adequacy of both appellate and trial representation.

But even this new attorney was not that effective, because whenever Willingham’s amateur investigator would send the attorney leads, there
was no follow-up work done. A lack of financial resources appears to be the reason that no follow-ups were done. And so, instead of challenges to his conviction being based on new factual information, they were instead based upon points of law.

After his last appeal had been turned down, according to The New York Times Op-Ed by Bob Herbert, “a renowned scientist and arson investigator, Gerald Hurst, educated at Cambridge and widely recognized as a brilliant chemist, reviewed the evidence in the Willingham case on a pro bono basis and began systematically knocking down every indication of arson.”

According to the article in The New Yorker by Grann, “As Hurst looked through the case records, a statement by Manuel Vasquez, the
state deputy fire marshal, jumped out at him. The expert had testified that, of the roughly twelve hundred to fifteen hundred fires he had investigated, ‘most all of them’ were arson. This was an oddly high estimate; the Texas State Fire Marshal’s Office typically found arson in only fifty per cent of its cases.

“Hurst was also struck by the expert’s claim that the Willingham blaze had ‘burned fast and hot’ because of a liquid accelerant. The notion that a flammable or combustible liquid caused flames to reach higher temperatures had been repeated in court by arson sleuths for decades. Yet the theory was nonsense: experiments have proved that wood and gasoline-fueled fires burn at essentially the same temperature. The
two experts had cited as proof of arson the fact that the front door’s aluminum threshold had melted. ‘The only thing that can cause that to react is an accelerant,’ one of the experts had said.

Hurst was incredulous. A natural-wood fire can reach temperatures as high as two thousand degrees Fahrenheit— far hotter than the melting point for aluminum alloys, which ranges from a thousand to twelve hundred degrees. And, like many other investigators, both experts mistakenly assumed that wood charring beneath the aluminum threshold was evidence that, as one of the experts put it, ‘a liquid accelerant
flowed underneath and burned.’

“Hurst had conducted myriad experiments showing that such charring was caused simply by the aluminum conducting so much heat. In fact,
when liquid accelerant is poured under a threshold a fire will extinguish, because of a lack of oxygen. ‘Liquid accelerants can no more burn under an aluminum threshold than can grease burn in a skillet even with a loose-fitting lid,’ Hurst declared in his report on the Willingham case. Hurst then examined the two expert’s claim that the ‘brown stains’ on Willingham’s front porch were evidence of ‘liquid accelerant,’
which had not had time to soak into the concrete. Hurst had previously performed a test in his garage, in which he poured charcoal-lighter fluid on the concrete floor, and lit it. When the fire went out, there were no brown stains, only smudges of soot. Hurst had run the same experiment many times, with different kinds of liquid accelerants, and the result was always the same. Brown stains were common in fires; they were usually composed of rust or gunk from charred debris that had mixed with water from fire hoses.

Another crucial piece of evidence implicating Willingham was the ‘crazed glass’ that the expert had attributed to the rapid heating from a
fire fueled with liquid accelerant. Yet, in November of 1991, a team of fire investigators had inspected fifty houses in the hills of Oakland, California, which had been ravaged by brush fires. In a dozen houses, the investigators discovered crazed glass, even though a liquid accelerant had not been used.

“Hurst then confronted some of the most devastating arson evidence against Willingham: the burn trailer, the pour patterns and puddle configurations, the V-shape and other burn marks indicating that the fire had multiple points of origin, the burning underneath the children’s beds. Hurst recalled that both experts had considered it impossible for Willingham to have run down the burning hallway without scorching his bare feet. But if the pour patterns and puddle configurations were a result of a flashover, Hurst reasoned, then they were consonant with Willingham’s explanation of events. When Willingham exited his bedroom, the hallway was not yet on fire; the flames were contained within
the children’s bedroom, where, along the ceiling, he saw the ‘bright lights.’

One of the experts had made a videotape of the fire scene, and Hurst looked at the footage of the burn trailer. Even after repeated viewings, he could not detect three points of origin, as one of the experts had Without having visited the fire scene, Hurst says, it was impossible to pinpoint the cause of the blaze. But, based on the evidence, he had little doubt that it was an accidental fire— one caused most likely by the space heater or faulty electrical wiring.”

This report was hurriedly presented to the Texas Board of Pardons and Paroles as a basis for granting clemency. Despite this evidence, they denied clemency. Explaining their decision to Grann, one of the members stated, ‘You don’t vote guilt or innocence. You don’t retry the trial. You just make sure everything is in order and there are no glaring errors.’ He noted that although the rules allowed for a hearing to consider
important new evidence, ‘in my time there had never been one called.’ When [Grann] asked him why Hurst’s report didn’t constitute evidence of ‘glaring errors,” he said, “We get all kinds of reports, but we don’t have the mechanisms to vet them.” Although Texas Gov. Rick Perry still had the authority to grant clemency, he did not do so. According to The New Yorker, “The Innocence Project obtained, through the Freedom of Information Act, all the records from the governor’s office and the board pertaining to Hurst’s report. “The documents show that they received the report, but neither office has any record of anyone acknowledging it, taking note of its significance, responding to it, or calling any attention to it within the government,” Barry Scheck said. “The only reasonable conclusion is that the governor’s office and the Board of Pardons and Paroles ignored scientific evidence.” According to Herbert’s op-ed in The New York Times, “Willingham was executed by lethal injection on Feb. 17, 2004.”

Execution: According to Herbert’s Op-Ed in The New York Times, The following year, Texas created the Forensic Science Commission to investigate charges of scientific mistakes or misconduct, and the panel began looking into the Willingham case. It commissioned Craig Beyler, a nationally recognized fire expert, to examine evidence and review Hurst’s report. Mr. Beyler issued a report last week that painted an ugly picture of what passes for expert scientific investigation and testimony in a capital case in Texas. The report found that the official inquiry
into the Willingham fire did not meet prevailing scientific standards of the time, much less current ones.

“The report is devastating, the kind of disclosure that should send a tremor through one’s conscience. There was absolutely no scientific basis for determining that the fire was arson, said Beyler. No basis at all. He added that the state fire marshal who investigated the case and testified against Willingham ‘seems to be wholly without any realistic understanding of fires.’ He said the marshal’s approach seemed to lack ‘rational reasoning’ and he likened it to the practices ‘of mystics or psychics.’

When the jailhouse snitch was told of the scientific evidence as reviewed by Beyler would show that an innocent man was executed, the snitch seemed taken aback. ‘Nothing can save me now,’ he said.

Reviewing Beyler’s findings, Equal Justice USA, an organization that according to them, “focuses on the injustices perpetrated against the
accused and convicted under our legal system and educates the public,” has summed up the review this way: “It turns out that evidence used to convict Willingham was nothing more than junk science and a wholly inadequate defense team:

• Several scientific investigations since the trial, including the one by the state government's own appointed forensic scientists, have concluded the "scene of the crime" was really just the scene of a horrible accident, and the supposed expert testimony originally presented at trial defied "rational reasoning" and violated "not only the standards of today but even of the time period."

• Even though the fire "experts'" evidence was clearly questionable, Willingham's own court-appointed lawyers were convinced of his guilt and offered no rebuttal expert.

• The jailhouse snitch to whom Willingham allegedly confessed suffered from serious mental impairments and recanted on his testimony more
than once.

• In attempts to assert that Willingham fit the profile of a sociopath, the prosecution used as evidence the fact that Willingham had Iron Maiden and Led Zeppelin posters. In a matter of life and death, what band posters one chooses to decorate one's walls with seems clearly of no consequence.

This report represents the most powerful record to date that an innocent person was executed - an unfathomable reality. Willingham himself could barely comprehend the tragedy of his situation. While on death row, he said, “I just been trying to figure out why after having a wife and 3 beautiful children that I loved my life has to end like this.”

In his op-ed in The New York Times, Herbert said Cameron Todd Willingham, who refused to accept a guilty plea that would have spared his
life, and who insisted until his last painful breath that he was innocent, had in fact been telling the truth all along.

Westchester Guardian/Catherine Wilson.

2009-09-10T06:00:00.002-04:00

Thursday, September 10, 2009

Catherine Wilson, Bureau Chief
Northern Westchester

Problems Facing Victims Of Autism

On August 5, Andy Spano announced that Westchester County was now “Autism Friendly” following the recommendations of an April 1, 2009 report from the Westchester County Autism Advisory Committee. According to this report, there are currently approximately 4,000 individuals
living with autism spectrum disorders (ASD) in the County.

The Committee defined autism as a “complex, neurobiological developmental disability”. They went on to indicate that its victims have “poorly
developed verbal and nonverbal communication skills, unusual speech patterns, limited interest in social interactions often leading to social
withdrawal. Individuals with autism often struggle to be flexible or tolerate even small changes in routines, experience sensory sensitivities, exhibit
repetitive or ritualistic behavior and often focus on objects rather than on people. It occurs in all racial, ethnic, and social groups and is four times
more likely to impact boys than girls. Symptoms can range from very mild to quite severe”.

The Committee made the following recommendations to the County:

• Declare Westchester County as an “Autism Friendly” County;
• Establish a Westchester County Autism Family Resource Center;
• Establish an Adult Advocacy Department;
• Establish a Special Liaison for Adult Autism Services;
• Develop a “How to” manual for businesses to employ adults who have Problems Facing Victims Of Autism ASD;
• Develop a post-secondary educational program for adults with ASD;
• Broker the establishment of a specialized medical/psychiatric treatment facility;
• Establish a Family and Service Provider Training Institute;
• Establish Autism Sensitivity Awareness Training for first-responders.

While the Committee is attempting to address the awareness of autism in our communities, even the experts do not properly address this disability.
School psychologists, counselors, and testing procedures are not geared to diagnosing milder forms of autism such as Asperser’s Syndrome. Parents
of such children are usually forced to initiate testing themselves. However, if a child is not properly diagnosed at an early age, by the time they are
adults they can become bipolar, develop eating and borderline personality disorders, and addictive behaviors. Early intervention is the key to helping victims of autism.

Children with mild forms of autism are often diagnosed as simply having behavioral problems. Early education programs such as day care and preschools do not have the resources to diagnose or address mild forms of ASD. Public elementary schools’ programs to identify and address the needs of an ASD child vary according to the financial resources of the school district.

Financial difficulties are affecting more than just the educational needs of ASD victims. Medical and treatment programs have recently been shut down due to government budget cuts or cutbacks in private funding. Few programs now exist for ASD patients who have developed eating disorder
problems. Private hospitals, such as Four Winds Medical Center in Katonah, have programs that address the problems of the autistic child but such programs are prohibitively expensive.

ASD children are often over medicated or given incorrect medications. Treatment programs to enable such children to develop coping skills are short-term and do not address long-term or future needs. The programs can cost as much as $30,000 for a mere 28 days.

However, there is no guarantee that a facility will accept an ASD patient; programs will refuse acceptance to patients who exhibit violent or extreme anti-social behavior. One parent told the Guardian that St. Vincent’s Hospital in Harrison mixes victims of all mental disorders together,
so that adult ASD patients exhibiting bipolar disorders will be together with eating disorder victims. According to this parent, St. Vincent’s does not offer separate break-out groups for specialized treatment, and no individual therapy for the patient.

As one parent noted, “The local hospitals only offer crisis intervention for adult patients with ASD. ere is no real therapy going on. The hospitals will only keep the patient for a short period, usually only 7 to 10 days, until the patient is “compliant”. As this parent told the Guardian, “‘Compliance’ is a big word. It means the patient will ‘tow the line’ and obey orders, especially when it comes time to sleep”. In order to make
patients “compliant”, many autism victims are overmedicated into submission.

Parents noted that when their autistic children return home from these “crises centers”, they exhibit withdrawal symptoms from the cocktail of medications they were exposed to while in the treatment facility.

Patients with mental issues are often grouped in many of these treatment programs according to gender, rather than cause. Autistic patients who have multiple hospital and treatment center admissions can become “hospital savvy”, they learn from each other. Autism does not always affect
intellect, especially in milder, higher functioning cases. Many patients are very intelligent and gifted.

There are autistic children who can play concert piano pieces by ear. One autistic child in upstate New York is a star basketball player and has mastered the repetitive motions of the sport like bouncing and dribbling. In environments where all patients with mental issues are grouped together, some autistic patients will learn from, or develop and mimic, the behavioral patterns of the other patients. An autistic adult entering a treatment program to develop social and coping skills can leave with knowledge of how to purge their food after witnessing the eating disorder
patients exhibiting this behavior.

Life with an autistic child is heartbreaking. As one mother told the Guardian, “You watch your child grow up never fitting in. All of the social
cues are missing. ere is no natural conversation banter. They do not laugh at jokes. An Autistic or Aspersers’ child will never comprehend the
banter. Even if the child has developed to the point that they can engage in simple conversations, you constantly have to explain yourself and reassure them that a remark was meant as a joke. They never quite get the social cues in life. As a child this can be hurtful. As an adult this can be devastating”.

This parent called for the County’s program to be expanded to educate the public as well as educators and first responders noting that adult
ASD victims are frequently hospitalized for depression and other problems simply because the public cannot understand them.

Autistic children and adults can exhibit mood swings; they can appear fine one minute and not so fine the next. ASD victims do not have coping
skills. If they develop sufficiently to be able to engage in society they also become aware that they are different and often experience depression.

Autistic victims with mild ASD often do not exhibit visible signs of a disability, which creates unique problems. According to one parent, “For a
disabled child to get sympathy, everything has to be visible, such as the use of a wheelchair, or they display ‘drama’”.

This mother spoke of how her child was never invited to a birthday party or a school event, even among the special education groups, noting that “the schools do not step in because they do not want to offend the other parents. My child has never had a friend in her entire life”.

Some autistic children can display incredible talents such as musical abilities, but those talents may not always be encouraged. One parent told the Guardian of how her child was selected for a highly regarded music revue every year in school due to her talent and how one mother objected that a “mentally retarded” child was selected to showcase the school.

As autistic children develop into adults, they need legal protection and an advocate for their rights and needs when their parents and caregivers die.
Sadly, none of the guardians or attorneys appointed by the courts, or even the judges themselves, are educated in the unique needs of an autistic child. One parent showed the Guardian a court order from the Westchester County Court that referred to her adult child as “mentally retarded”. As that parent informed the Guardian, “There is no sensitivity for these victims”.

A court-appointed guardian for one adult victim asked her parent, “She’s not mentally retarded, is she?” That same guardian dismissed a treatment
program in a legal document as a “class”, to which the parent replied, “Did he think she was getting college credit for this?”

Parents with autistic children are often forced to engage in legal battles to advocate the rights of their child in our schools, communities, and hospitals. But a parent battling a school psychologist or doctor in court will have to prove who has the best interests of the child at heart. The legal system will automatically appoint a legal guardian to represent the child’s interests.

But, as the Guardian has noted in prior articles on this subject, those guardians do not have any specialized training in autism and the unique needs of its victims. A parent fighting a school district over the use of medication to make their child more compliant in class will face handing this
decision over to a court-appointed attorney whose only qualification to analyze the issue is the amount he/she contributed to the judge’s campaign.

Once the parent caring for an autistic child dies, that child may be placed into a group home where patients with all mental disorders, including
criminals with violent personality disorders, are lumped together. Last May, a young staff counselor for Sunset House, a psychiatric group home
in Westchester County, was savagely beaten for hours by a resident convict, David Sanchez. According to the police reports, the victim was beaten so severely she suffered a fractured eye socket, a lost tooth, and a punctured eardrum. Yet it is into this environment that our most vulnerable individuals are placed on a routine basis when they no longer have anyone to advocate on their behalf.

Children who exhibit severe autistic symptoms receive treatment early on since their problems are easily recognized and diagnosed. But for those
children who have mild cases of autism, such as Asperser’s, they can be bounced around from treatment center to doctors to psychologists to counselors trying one treatment and medication after another until the correct diagnosis is finally reached. As one parent noted, “These children are pin cushions for the ‘experts’ to keep probing until something finally hits home”. Children with mild forms of autism may skate through their younger years with their young peers. But once those children reach their teenage years, social issues surface. These teenagers are usually ostracized by their peers and experience depression as a result, often attempting suicide.

When placed in a comfortable, secure environment, where they are surrounded by children like themselves, they do best. But once that security
is removed, and their environment is changed, they can immediately fall apart. One parent spoke of how her mildly autistic child attended a treatment program for several months but “fell to pieces” the first day she returned to school because of something someone said to her on the school bus.

The comment did not necessarily have to be a bullying or teasing remark. Autistic children are very “black and white”. They cannot comprehend
nuances or inflections. All local schools now have a “zero tolerance” for bullying and do not tolerate bullying towards disabled children. But
mildly autistic children who appear to function in school can still react to comments that other students, and even adults, would consider to be innocuous.

A simple question of “do you want to go to the concert?” can be interpreted by the autistic child as implying that they should not attend the event and can send their moods spiraling downwards.

Adult victims of autism may have depleted their families finances and no longer qualify for their medical coverage and will have to transfer to Medicaid to have their health needs handled. However, Medicaid is not equipped to handle the medical and treatment needs of the autistic adult.

As one local parent noted, “In order to qualify for Medicaid, you have to be living in the gutter. If the patient makes even $50 too much a month,
they will lose their Medicaid insurance”.

This parent’s child had thirteen hospitalizations in three years because Medicaid does not pay for any long-term treatment plan for the symptoms
that appear in adulthood. Medicaid will only cover short-term crisis intervention programs. Those programs do little to help an autistic adult develop the coping skills they will need to deal with society, let alone develop the skills they will need to adjust when their parents and guardians eventually die. “My daughter only got 15 minutes of therapy, twice a week, in the Medicaid programs. She was given up to fifteen pills a day instead to treat her problems” one parent said.

Adults with mental disorders such as autism face a stigma in our society. Many people still believe that someone with a mental disorder must be dangerous and violent. But as one sibling of a mentally-challenged individual noted, “There are far more dangerous people walking around in corporate offices and courtrooms who are far more capable of hurting huge numbers of people”.

To date, there is little understanding of what causes autism. All that is really known of this disorder is its symptoms which include:

• Extreme difficulty in learning language;
• Avoids eye contact, resists touch, and seems to tune out the world;
• Poor ability to play cooperatively with other children or to make friends;
• Inability to understand other people's feelings;
• Need for a rigid, highly structured routine and distressed by any changes;
• Extreme hyperactivity or unusual passivity;
• Repetitive body movements including pacing, rocking, or hitting oneself;
• Insensitivity to pain or lack of response to cold or heat;
• Impulsive behavior and no real fear of dangers;
• Unusual attachment to inanimate objects such as strings, or spinning toys;
• Frequent crying and tantrums for no apparent reason;
• Peculiar speech, using words without understanding the meanings;
• Abnormal responses to light, sound, and touch and may appear deaf;
• May be extremely distressed by everyday noises;
• Symptoms can change as the child grows older.

According to their report, the Westchester County Autism Advisory Committee members are the parents of children with ASD and all represent
a vast number of individuals and organizations that offer treatment, education, training advocacy and funding opportunities to the autism community.

The goal of this Committee is for ASD patients to “live as independent a life as possible” and they hope their recommendations will eliminate the
“missed opportunities of a fulfilling life for our citizens”.

Westchester Guardian Special Report/Janet Difiore.

2009-09-03T12:26:00.000-04:00

Thursday, September 3, 2009

SPECIAL INVESTIGATIVE REPORT

Life-Long Republican Janet DiFiore Grabs Huge
Campaign Contribution From Gabelli Fund
Sued By S.E.C. & F.C.C. For Public Ripoffs

At this time in our nation’s history, when we have become too painfully aware of the unlawful antics
and schemes that so-called hedge funds and investment advisors and managers have engaged in over
the past several years, raking in enormous personal profits at the expense of honest, trusting clients, it
is appalling to discover that Janet DiFiore has accepted an enormous campaign contribution, in May
of this year, from Gabelli Funds, headquartered at One Corporate Center, Rye, New York.

According to a BusinessWeek report dated August 13, 2009, “Gabelli Funds, LLC is an asset management arm of Gamco Investors,
Inc. with approximately $29 billion in assets under management.

The firm provides its services to investment companies. It manages a family of equity, fixed-income, money-market and balanced mutual funds for its clients.”

BusinessWeek reported, in April of last year, that, “Gabelli Funds, LLC reached a settlement with the SEC.”The BusinessWeek report
stated, “SEC Sues Former Portfolio Manager Of Gamco Global Growth Fund And Chief Operating Officer Of Gabelli Funds.”

The report detailed, “The Securities and Exchange Commission filed a civil fraud action in the United States District Court for the Southern District of New York against Marc J. Gabelli, the former portfolio manager of Gabelli Global Growth Fund, currently known as Gamco Global Growth Fund, and Bruce Alpert, Chief Operating Officer of Gabelli Funds, LLC in connection with an undisclosed market timing arrangement with Folkes Asset Management, currently known as Head Start Advisors, Ltd.

The report further states, “The complaint charges Marc Gabelli and Alpert with fraud for aiding and abetting violations of Sections 206(1) and 206(2) of the Investment Advisors Act of 1940.” It goes on to state, “It charges Alpert with violations of Section 17(a) of the Securities Act of 1933, and Secton 10(b) of the Securities Exchange Act of 1934 and Exchange Act Rule 10-5.”

The report explains, “In a related administrative proceeding, the Commission simultaneously instituted and settled Administrative Cease And Desist proceedings against Gabelli Funds, a registered investment advisor.” Gabelli Funds, Janet DiFiore’s second-biggest contributor, from
who she saw fit, three months ago, to accept $16,000, last year:

• was censured;

• ordered to Cease And Desist its violations of federal laws;

• ordered to pay $9.7 million in disengorgement;

• ordered to pay $1.3 million in pre-judgment interest, and;

• ordered to pay $5 million penalty, for a total of $16 million in 2008.

Under the court order, the monies paid by Gabelli Funds were to be distributed to shareholders who were harmed by the market timing activity Gabelli had engaged in.

Two years earlier, in 2006, according to www.lawyersandsettlements.com, “Mario Gabelli and Companies agree to pay $130 million to settle fraud allegations brought by the Federal Communications Commission (FCC)” who charged that he “allegedly created fake companies to gain an illegal advantage in the auction of cell phone spectrum, and in so doing, sought to benefit from public resources.”

Most people recognize that Janet DiFiore, despite her ridiculous attempt to convince voters that she is a Democrat, is, in fact, a very wealthy, heavily-connected Republican accustomed to doing business with the Gabellis, and other high rollers like them. Having very wealthy friends certainly isn’t a crime.

However, accepting a huge campaign contribution from their company just three months ago, knowing full well that that company, over the last couple of years, was compelled to pay nearly $150 million to settle suits brought by both the SEC and the FCC because of unlawful activities harmful to American citizens and investors, is totally unacceptable and speaks volumes about who Janet DiFiore really is.

Westchester Guardian/The Advocate.

2009-09-03T12:10:00.000-04:00

Thursday, September 3, 2009

The Advocate
Richard Blassberg

Andrew Spano And David Paterson Each
Pull The Race Card To Cover Their Blunders

About a week and a half ago, Westchester County Executive Andrew Spano and Governor David Paterson, each very low in public opinion polls, each having been cited for major blunders, each individually pulled the race card in their desperation to bolster their position.

David Paterson, during an interview on a talk radio show, told Daily News columnist Errol Louis, “We’re not in the post-racial period. My feeling is it’s being orchestrated, it’s a game, and people who pay attention know that.” He went on to say, “The next victim on the list, and you see it
coming, is President Barack Obama, who did nothing more than try to reform a healthcare system only because he’s trying to make change.”

Paterson was attempting to explain away his poor performance and numerous blunders since assuming the Governor’s Office, as nothing more than a “media-driven racial attack.” However, his remarks were quickly rebuked, as reported by New York Post Albany Bureau Chief Fred U. Dicker, who exclusively informed his readers, “President Obama’s aides were so furious that Governor Paterson dragged him into a rant about racism
that they sent a message sharply criticizing the Governor’s comments just hours a er he made them.” Columns in the New York Times and Daily News were very critical of the Governor’s comments for several days thereafter.

Andy Spano, on the other hand, already smarting from exposure of his Administration’s violations under the False Claims Act, and more than $13 million in fines and legal expenses, in a rare appearance before the County Legislature, and then on News12’s Newsmakers program, repeatedly pulled the race card in a desperate attempt to draw attention away from the $65 million debacle his misuse of federal funds and his misrepresentations to HUD since 2000 will now cost taxpayers.

There are too many unanswered questions, one of the most obvious of which is, “Where was the $52 million spent that Spano repeatedly assured the federal government was being used for the creation of affordable housing as required under the block grants from which Spano accepted the money?”

Westchester taxpayers have a right to know which developers and which brokers and property owners, tightly connected to Spano and his clique, were beneficiaries of his misappropriation. Never mind Andy’s attempt to distract taxpayers and voters with references to racism, and the notion that, as he told the County Legislators with his voice cracking, “It’s all about African-Americans and Hispanics. If you vote ‘no’, that must weigh heavily. We would become, as the City of Yonkers became the most racist city in the United States, the most racist county in the United States.”

In the course of his self-serving interview with News12’s Brian Conybeare, Spano strained to put a favorable spin where none was possible. He began one sentence, “We weren’t accused... [quickly inserting] convicted of anything.” Of course, he and his Administration stand accused, and plainly culpable of misappropriating, and misrepresenting the use of some $52 million; and, having spent another $5 million in legal fees, theirs and their non-profit opponent’s, over the last three years, they would now have County Taxpayers bail them out.

Spano had the chutzpah to tell Conybeare, “There’s minimal ongoing impact on County taxes.” Of course, there would seem to be “minimal impact” from the standpoint of a County Executive who has pushed the County’s budget up to practically $2 billion and who gives taxpayers’ money away like candy to his friends and political contributors. Making up for the $65 million called for in the settlement he’s trying to ram
through will cost each and every household in Westchester at least $200.

Andy Spano would like the People of Westchester to forget about the deal he, and Larry Schwartz, pushed through the County Legislature last
year to buy a “white elephant” of an old and moldy building at 450 Saw Mill River Road, Ardsley; a building that one of his big campaign contributors couldn’t unload on anybody else; a building that will likely cost $20 million between purchase, repair, and renovation before any County agency ever occupies it.

The simple truth is that the federal government has learned that Andy Spano & Company cannot be trusted to do the right thing with their money, much less truthfully report it; and, Westchester taxpayers, the nation’s highest taxed, have learned the same. As for David Paterson’s and Andrew Spano’s individual pathetic use of the race card to distract voters’ attention from their blunders and low poll standings, readers are reminded that the chief advisor to each of them is Larry Schwartz, a political schemer and dealer whose deck is filled with nothing but jokers and marked cards.

Confirming our beliefs, with respect to Larry Schwartz’ role, the New York Post, in its Monday, Aug. 24 edition, reported, on page 13, “Obama aide Patrick Gaspard called Paterson’s First Deputy Secretary, Larry Schwartz, to air the President’s frustrations over being dragged into Paterson’s rant about racism.”

Westchester Guardian/In Our Opinion/Our Readers Respond.

2009-09-03T12:00:00.000-04:00

Thursday, September 3, 2009

In Our Opinion...

Imposed Affordable Housing Settlement Brings County Legislators’ Moment Of Truth

We believe the Westchester County Legislature, a body of 17 individuals, 13 of whom, whose One thousand Dollars A Week For Life lottery tickets have been validated by Andy Spano, with the advice and consent of Larry Schwartz, must now face their constituents.

They have shown us in the recent past, just last year, in fact, that the super-majority of them, the Democrats, are willing to do just about anything Andy asks of them, without hesitation and without scrutiny, no matter how unanimously their constituents may protest against it. Deciding, whether or not, to approve of the punitive over-reaching $65 million settlement that Andy’s misappropriation of $52 million, and his untruthfulness to the federal government, has put on Westchester families’ shoulders, may now very well turn out to be their moment
of truth.

There are so many unanswered questions and so little time to get things straight; less than a month. One thing is certain, however, taxpayers will be watching very closely and, taxpayers are also voters.

It will be most interesting to see just how thoroughly legislators are willing to scrutinize Spano, and whether or not they have
courage enough to bring Larry Schwartz before them, by subpoena, if necessary, to reveal the strategies and thinking that resulted in our present dilemma. And, what about the Spano Administration’s all-too-ready willingness to accept the settlement?

The taxpayers and families of Westchester have every right to know more about, and to express themselves at public hearings with respect to, every aspect of the ultimatum now before “their legislators”.

We believe the moment is fast approaching when most everyone will be proclaiming, “Emperor Spano is wearing no clothes.” How sad it will be for the Board, and for us all, if they are too late in recognizing that fact.

Simply because neither Jeanine Pirro nor Janet DiFiore were willing to discharge their responsibility to the People of Westchester, by investigating official misconduct in the County Executive’s Office, does not mean there hasn’t been any. Quite the contrary. Given the track record of the current DA, who prefers to prosecute the innocent and protect the guilty, her failure to look into the matter raises our suspicion all the more.

Our Readers Respond...

Paul Feiner Endorses Tony Castro For DA

Dear Editor:

On Tuesday, September 15, I will be voting for Tony Castro for District Attorney. This is not the first time I will be supporting his candidacy. Tony was the Democratic Party nominee for DA four years ago, and eight years ago when he was our party’s enthusiastic choice for DA against Jeanine Pirro. Some people think that Jeanine did not seek re-election four years ago because she was concerned about facing Tony again.

I was impressed with Tony since the day I first met him and learned about his life. He is an immigrant of Portugal. His father was a sherman; his mother a seamstress. He appreciates working class people; one of the many reasons why he received the Working Families Party line.

Tony is uniquely qualified for the post. He graduated from Harvard with a scholarship, and went to Boston College Law School. He worked his way through both. He joined the Bronx District Attorney’s Office and rose through the ranks to become Deputy Bureau Chief.

Tony has a big agenda planned if he is successful in winning election. He will take the lead role in pursuing internet issues such as pedophiles and predators who target both minors and seniors, through the immediate restoration of previously effective programs. He will eliminate the duplication of services and competition with local law enforcement.

As District Attorney, Tony will provide leadership by aggressively investigating and prosecuting criminals involved in elder abuse and other related areas such as money scams where our senior citizens are most vulnerable. The DA’s Office will become more efficient in pursuing financial swindling that has affected taxpayer dollars under Tony’s leadership.

Tony Castro will provide a pro-active platform for addressing ongoing gang-related issues, and implementing a Safe Streets Program involving the collaboration of citizens, police and probation officers that will focus on violence, assaults, and juvenile delinquency and criminal activity.

Finally, Tony introduced me to two individuals who served time in prison for crimes they did not commit. Tony will aggressively fight to keep innocent people out of jail; and, if they’re in jail, he’ll work to get their rights restored.

Over the years I have many attorneys and former colleagues of Tony who think the world of him. I know that he will be a fantastic public
official, and I urge the support of all citizens.

Paul Feiner, Greenburgh Town Supervisor

Reader Wants To “Throw The Bums Out!”

Dear Editor:

I read your article, “Throw The Bums Out!”. You are so right. We, the People, have the power in our fingertips on Election Day to do this. How long do we, the tax over-paying public, have to put up with this totally incompetent Westchester County government?

I say the answer is to vote out of office every single incumbent holding office. If a Republican is the incompetent, vote them out. If a Democrat is the incumbent, vote them out. Change everybody holding public office with your vote this year. Start with every New York State Senator. ank them for all the fun they had at our expense this summer.

Then, the County Executive of Westchester; even his own son is voting against him. We should be that smart to do the same. We cry about taxes and we vote back in office the ones who raised our taxes. The County Legislature is a blank check for the County Executive.

They rubber-stamp every commissioner, director, and incompetent Spano put in office for the last three terms, thank you!

I would say it’s about time the politicians go on the unemployment lines and we go back to being the enlightened voters I believe Westchester citizens are. I would also say to the new office-holders I hope we have this fall, “You have two, three or four years in office to get it right. You are the new incumbents and, if you do not get it right, bye!”

Respectfully submitted by a 53-year resident of Westchester County.

Stephen Celestino, Tuckahoe

The Thugacracy Comes To Yorktown

Dear Editor:

I thought this was a great place to live, and I am sure that is the reason most of us moved to Yorktown. Therefore, I would not believe what was going on behind the scenes unless it personally happened to me.

I have had my run-in with the Highway Superintendent Eric DiBartolo. He has great PR as he is a real media hound and leaves the impression that he is doing a great job. But at what cost? On the surface everything is fine until you cross him or question his “authority”.

The town did some work near my property and left some debris. They said they would be back to pick it up. When they did not come back, I called
the Highway Department. A few days later I happened to see one of the Town Councilmen and told him the problem.

The next thing I know I have a finger in my face and am being told by the Highway Super to “never go over his head again.” I told the story to someone else and they said they had a similar experience. They were intimidated by the threat and never told anyone.

Apparently this was not just a “bad day”, but is a pattern. I am a taxpayer and I pay the salary of every public servant in this town. There is no need for me, or any citizen, to be treated in this manner.

Ross Campbell, Jefferson Valley

Westchester Guardian/The Court Report.

2009-09-03T11:41:00.002-04:00

Thursday, September 3, 2009

The Court Report
By Richard Blassberg

Decision By Federal District Judge Kenneth M. Karas
Illustrates Need To Enact Federal Legislation To Curtail
Prosecutorial Misconduct And Wrongful Conviction

Most readers of The Guardian, indeed, most news-conscious Westchester residents, are by now quite familiar with the outrageous and unlawful
treatment of a young, babyfaced, 16-year-old Peekskill schoolboy, Jeffrey Deskovic, received at the hands of the Peekskill Police, the Westchester District Attorney’s Office, and Medical Examiner’s Office, upon the brutal rape and murder of one of his high school classmates, 15-year-old Angela Correa.

Deskovic, who was maliciously and cynically robbed of 17 years of his youth and young adulthood by mindless, wretched individuals masquerading
as public servants, can never be adequately compensated for all that has been taken both from him and from his loved ones, is nevertheless seeking some nancial award which may help ease the pain, and the developmental and experiential gaps in his life with which he will likely continue to struggle so long as he lives.

Toward that end, since emerging from prison, he has been engaged in a civil rights lawsuit, principally a Section 1983 suit against the agencies and individuals whose deliberate and criminal conduct ruthlessly stole so much of his youth and promise. Amazingly, this young man who emerged from State Prison three years ago, did so without a trace of bitterness or anger, but rather an abiding commitment to working hard to prevent others from undergoing the nightmare of prosecutorial misconduct and wrongful conviction. He has been a tireless advocate, writing and speaking out for legislation to prevent the kind of tyrannical and heinous conduct by state actors under the Color of Law that can best be described as “man’s in-
humanity to man.”

The subject of this Court Report is the action taken by Judge Kenneth M. Karas with respect to a Motion to Dismiss the charges against former
Westchester Assistant District Attorney George Bolen, the chief prosecutor of Jeffrey Deskovic some 20 years ago, for a rape and murder he had
every reason to realize the youngster was totally innocent of.

One would hope that the penultimate nature of the horrific assault on justice that was perpetrated under the supervision and self-serving evil of ADA George Bolen might inspire all engaged in its discovery and reconciliation to carefully consider the global implications of their judgments
and actions particularly with respect to those who have gone to their execution under similar, unthinkable circumstances, and, most importantly, those who may still.

The rape and murder of Angela Correa, a girl he hardly knew, except by sight, on November 17, 1989, would prove to be a tragedy of defining
significance for a 16-year-old school-mate who would quickly become the target of a malicious and mindless campaign to produce a believable “monster” to satisfy the calls for a suspect, anyone who, once taken into custody, would calm the fears of a city consisting of fewer than 7,000 households.

Judge Karas would seem early on to be emphasizing the unlawful aspects of the Peekskill Police Department’s conduct with respect to Deskovic in the rst seven pages of his 35-page decision. Within three weeks of the crime, Detectives Tumolo, Levine, and McIntyre, without one concrete piece of evidence, were convinced that Deskovic was a “person of interest.”

Officer David Levine would, as noted by Karas, despite prior notification of the attachment of counsel, coerce the naive youngster into waiving
his right to counsel, whereupon he and his fellow Peekskill Police Officers surely, under the supervision and awareness of ADA Bolen “interrogated Deskovic on numerous other occasions.”

Judge Karas would seem to go out of his way not only to point out the unlawful activities of the Peekskill Police in their dealings with Deskovic,
but signi cantly emphasized that those same police, with respect to Deskovic’s knowing of details, falsely “represented in police reports, in conversations with prosecutors before trial, at pre-trial hearings, and a trial that these public facts were actually the product of Deskovic’s independent knowledge about the crime.”

When making detailed reference to the horrific January 25th, 1990 scenario under which Jeffrey Deskovic was unlawfully kidnapped by Tumolo,
McIntyre, and Levine while on his way to school, and brought to a virtual torture chamber in Brewster to be interrogated for some eight hours; most of that time attached to a polygraph machine, interestingly Karas initially makes no reference to the polygraph nor then-Putnam County Deputy Sheri Daniel Stephens.

Judge Karas does not fail to note Detective McIntyre’s exclusions from his police report, of any mention of threats of violence against Deskovic,
and the promise that he would “go home and receive mental health treatment” if he simply confessed, as well as Deputy Stephens’ reported false
representation that facts conveyed by Deskovic originated with him rather than the Peekskill Police Officers.”

It should be noted that the whole polygraph confession incident took place in Brewster, some 20 miles away from Peekskill, in a place totally unfamiliar to Deskovic.

Karas takes the opportunity to point out, “Plaintiffs also specifically allege that prosecutors were unaware of the bulk of the Peekskill Police
Departments’ officers’ misconduct and of other potentially exculpatory information.” One would be naive to believe that George Bolen could be, or would be, kept in the dark as to the details of how the false confession was extracted from 16-year-old Jeffrey.

There can be no question that Bolen was the engineer aboard the Runaway Train that the investigation into the rape and murder of Angela Correa
turned into.

The notion that a whole raft of exculpatory information known to Officers Tumolo, Levine and McIntyre, including false representations of Deskovic’s “independent knowledge,” the fabrication of evidence, material facts regarding the circumstances surrounding the “confession,” exculpatory statements from Peekskill High School students, etc., could be concealed from George Bolen, is totally incompatible with all that this
reporter knows about the experience and cunning of that prosecutor.

Judge Karas notes “the DNA test results were returned just days after Deskovic’s indictment,” and, further, that, “the tests definitively excluded
Deskovic as the source of semen found in Angela Correa’s body”, and, also that, “microscopic hair analysis of hairs found on Angela Correa’s
body excluded Deskovic as the source of those hairs.”

What was Bolen’s Big Rush to get an indictment, knowing that DNA and hair follicle results would be coming any day, and would be rock-solid
evidence for presentation to a grand jury. The real issue was whether the FBI lab had already tipped Bolen off.

In all fairness, Karas does indicate that once Bolen was officially notified of the DNA and hair results, he thereafter, as alleged, “directed that additional investigation be done by the Peekskill Police Department, and personally conducted and personally directed further investigation to provide an explanation for the presence of another man’s semen inside Angela Correa following her rape and murder.”

Further, after revealing that Plaintiffs alleged that Bolen and Dr. Luis Roh had determined they would provide evidence that the victim
had scarring on her hymen indicating she had been sexually active, the Judge states, “Bolen knew, or should have known, that Roh [Deputy Chief
Medical Examiner for Westchester County] had no scientific basis for this conclusion, and that he had not observed the scarring he had reported
to Bolen,” without question, exposing the most egregious of George Bolen’s feats of engineering.

Nonetheless, despite his illustration of such malicious prosecutorial misconduct, by Bolen’s own design after the obtaining of a “ham sandwich indictment,” the Judge unfortunately expresses the view that all of his relevant prosecutorial misconduct was in the capacity of
The Peoples’ Advocate, and not in his investigative capacity, where only qualified immunity would be available.

In the discussion section of Judge Karas’ decision, he writes, “The Supreme Court has held that while a complaint attacked by a Rule 12(b)6
Motion To Dismiss, does not need factual allegations, a Plaintiff ’s obligation to provide the grounds of his ‘entitlement to believe’ requires more
than labels and conclusions and a formulaic rescitation of the elements of a Cause Of Action will not do.”

This reporter believes it is more than “mere speculation” that Bolen was aware of the fact that DNA testing had proved the semen and the
hairs found in and on Angela Correa, respectively, were not from Jeffrey Deskovic, fully eight months before he took him to trial with suborned,
perjured testimony.

We firmly believe that at trial Dr. Luis Roh will surely implicate Bolen and very likely tell a jury that the reason he fabricated the scarred hymen
evidence was to help Bolen go forward with his misguided, malicious prosecution of Jeffrey Deskovic. Judge Karas, in discussing absolute
immunity, indicates, “Bolen claims he should be dismissed from Plaintiff ’s actions because he is absolutely immune from Section 1983
liability for his alleged conduct.”

He then cites Burns v. Reed (1991), “Courts recognize absolute immunity for official conduct to the same extent it was recognized at Common Law.” He then informs, quoting from Malley v. Briggs (1986), “Since [Section 1983] on its face does not provide for any immunities [courts would be] going far to read into it an absolute immunity for conduct which was only accorded qualified immunity in 1871, [when the statute was enacted].” Turning to a fairly recent Second Circuit case, Shmueli v. City Of New York (2005), Karas lifts the pronouncement, “It is now well established that a State Prosecuting Attorney who acted within the scope of his duties in initiating and pursuing a criminal prosecution, is immune from civil suit for damages under Section 1983.”

Continuing, he borrows from another Second Circuit decision, Hill v. City Of New York (1995), “Extending absolute immunity to such prosecutorial misconduct insures that public prosecutors can zealously perform the prosecutorial duties of the Office [without being] compelled to work under the constant threat of legal reprisals.”

We would ask whether George Bolen was acting within the scope of his duties when he refused to acknowledge the implication of the negative DNA and hair follicle test results? And, we would further ask whether inventing a terribly defaming and demeaning lie about young victim Angela Correa was also within the scope of his duties? Finally, we would inquire whether “zealous performance” includes unlawful scheming and intentionally sending an innocent 16-year-old child to prison for life, or, whether it is really all about collecting two paychecks a month?

Surely there would be no “retaliation” to worry about if prosecutors were doing what they are supposed to be doing, and not sending innocent persons to prison while turning guilty ones free to repeat their crimes.

Analysis:

If absolute immunity attaches when a prosecutor is acting as “an advocate for the State,” how was George Bolen ever an advocate for the State? The People are the State; and, how is he advocating for the People when he knowingly sends one of the People to prison for a crime he knows, or should know, he is innocent of, while permitting the real perpetrator to roam free, and to kill still another innocent person? Does concocting a false story to negate the DNA evidence of an accused person’s innocence come under, “Appropriate preparation for presentation?”

We contend that George Bolen was clearly a rogue prosecutor outside his role as an Advocate For The People; and that the People did not want Bolen to intentionally strive to send an innocent 16-year-old boy, without any criminal record, to prison for a crime Bolen knew he did not commit.

Judge Karas, citing several cases, explains, “For example, absolute immunity is not available when a prosecutor advises the police whether
probable cause exists during their pre-trial investigation.” We ask, how would such advice differ from a conversation by a prosecutor with
a medical examiner, assuming such exchange was in good faith? After all, both the police and the medical examiner perform an evidence-gathering
function, the product of which must reach a particular threshhold.

When the test results came back negative, Bolen knew he had no probable cause. A forced confession from a scared, 16-year-old boy surely
could not trump DNA and hair follicle evidence that did not match him. Twenty-five pages into his decision, Judge Karas declares, “The
Court finds that even taking the Plaintiff’s allegations to be true, Bolen’s allegedly improper actions took place in the judicial phase of
the criminal process. To begin with, it is important to note that the alleged conduct that forms the basis for Plaintiff’s claims against Bolen
occurred after Deskovic’s indictment.

And, from the allegations in Plaintiff’s complaint, it is evident not only that Bolen had no reason to doubt bona fides of the indictment, but also
that he had strong reason to believe that Deskovic was guilty based on his supposed confession.”

With all due respect to the Judge; as to the fact that Bolen’s act followed Deskovic’s indictment, it is very clear that Bolen rushed into the grand jury a day or two before he knew he would have the official results and, that the case was intentionally brought to the grand jury
a few days before the DNA and hair follicle results would be officially released for the following reason:

Bolen already knew the results and knew if he officially had them, he would have to acknowledge and explain them, and likely not get his
indictment, and not be eligible for absolute immunity if caught doing what he was about to do with Dr. Roh.

Westchester Guardian Article/Virginia Perez.

2009-09-03T09:22:00.002-04:00

Thursday, September 3, 2009

Virginia Perez Fundraiser At Yonkers Polish Center.

Last Tuesday night, a bright and optimistic Virginia Perez, Democratic candidate for Yonkers City Council from the Second District, held a fundraiser at the City’s Polish Center.

Virginia is running against three male opponents in the Democratic Primary on September 15th for the seat that will be vacated by two-term
councilwoman, Democratic Majority Leader Sandy Annabi.

In addition to many friends and supporters, several union leaders, and Working Families Party Chair Pat Welsh, were in attendance. Virginia has the support of the Yonkers PBA, the Firefighters Union, the AFL-CIO, as well as Local 32BJ. She has the endorsement of the Working Families Party, the Independence Party, and the Conservative Party.

Virginia told The Guardian that following the petition-gathering drive, she has been very energized and has continued meeting constituents
to explain her plan for Yonkers, house-to-house, door-to-door, throughout the City’s Second District, and feels very confident that she will prevail in the Primary.

Westchester Guardian/Catherine Wilson.

2009-09-03T08:30:00.001-04:00

Thursday, September 3, 2009

Catherine Wilson, Bureau Chief
Northern Westchester

Lessons To Be Learned From The
Decline Of A Business Icon

For decades it was the largest-selling magazine in the world. It was found in every doctor’s waiting room, and on the coffee table in every senior citizen’s home. It was Reader’s Digest, a name that needed no further introduction anywhere in the world.

It represented knowledge, opportunity, and everyday life. An immigrant or poorly-educated individual could improve his language skills by using the Digest’s monthly Word Power section. Workers could relate to the anecdotes in the All in a Day’s Work columns and pursue their dreams by entering the sweepstakes.

Home owners could get helpful hints and expert knowledge on how to do basic repairs and improvements. Parents could get critical information
on their children’s health and education issues. And, commuters could fit it all on their lap on the subway, tossing it into their pocket afterwards.

The Digest became the butt of jokes by comedians in recent years; it was viewed as too stodgy and un-hip. Few of those comedians remembered
that it was Reader’s Digest who first drew attention to the link between smoking and lung cancer in the 1950’s in a groundbreaking series of articles
entitled Cancer by the Carton.

It was Reader’s Digest that financed Alex Haley’s research for Roots, an extraordinary novel and revolutionary television series that inspired all Americans to explore and honor their ancestry.

The international versions of the magazine allowed millions of people around the globe to learn about our country and about themselves. Millions
of individuals throughout the United States and the world saw the Digest for what it was, a magazine that acknowledged ordinary individuals and honored their achievements.

In an era of celebrity mania, Reader’s Digest celebrated the life of the ordinary person. But the magazine also served a strong conservative political agenda, often fronting ideas and platforms for Republican candidates to American voters. In 1988, Robert Bidinotto, a staff writer for the Digest, wrote an article entitled Getting Away with Murder about a prison furlough program in Massachusetts that released a murderer, William “Willie” Horton. That article was released during the presidential campaign of Massachusetts Governor Michael Dukakis effectively ending his race for the Presidency.

The Digest also published segments of Senator Newt Gingrich’s Contract With America several months before it was unveiled in Congress by the Republicans. The Digest, and the Republicans, had several months to “test the waters” and the reaction of the American population to this contract before its official release, six weeks prior to the 1988 Presidential elections.

At the time of this article, Reader’s Digest had a subscription base of over 18 million in the United States, with a readership of more than twice that amount, making it the largest read magazine in the nation. Its impact in America’s heartland was unequalled.

The Wall Street Journal once reported that “only the Bible had a higher circulation than the Reader’s Digest”. That is, until Reader’s Digest condensed the Bible in 1982, an act that brought death threats from the religious right to Digest executives who installed bullet-proof glass in
their corporate offices as protection.

It was not the first time that the conservative magazine encountered the wrath of a religious community. In 1980 the Digest reported on the growth of Scientology, publishing an article entitled Scientology: Anatomy of a Frightening Cult. The Digest revealed that Scientology “agents”
were breaking into Justice Department offices and working in CIA and defense areas, drawing ire from that group in the process.

Shortly after George W. Bush was elected President, the Digest appointed the new Vice-President’s wife, Lynne Cheney, to a paid position on their Board of Directors. For decades, reporters and writers, have been reporting on a possible connection between the Digest and the Central Intelligence Agency (CIA).

Local Pleasantville writer Benjamin Cheever, skewered the behind-the-scenes machinations of the Digest in his thinly-disguised book, The Plagiarist. But the ultimate irony came when the major target of the conservative right, Bill Clinton, selected a house down the block from the Digest thereby placing the Cheney-Bush-CIA-conservative camp literally on one side of the street, Route 117 in Chappaqua, and the Kennedy-
Clinton-Obama-liberal camp on the other. The struggle for the votes of the American populace was being played out right in Westchester’s own
backyard within feet of each other.

But while the Digest never lost its conservative bent, it did fall out of touch with the ordinary populace. After its peak circulation of 18 million
in the early 1990’s, the Digest followed the lead of the new darling of the magazine world, People magazine, and started putting celebrities instead of ordinary individuals on its covers. Words were replaced by images and graphics on the cover and the number of articles inside were reduced. In an effort to stay relevant in a changing media world, the Digest hired a team of consultants from now-defunct Arthur Anderson Consulting, the same consulting group that “advised” ENRON and handled their audits and financials, to advise them as to how to adapt to the changing environment.

Sadly, the Digest failed at the most basic rule of management, know your business. At the time, the consultants and Digest executives defined their
business as publishing. But there was little evidence to support this claim, there were no Pulitzers or editorial awards lining the halls, or accolades from fellow writers. Indeed, most writers in the media dismissed the Digest as not worthy of their craft. What the Digest failed to realize is that their business was unique. They recognized important and often ground-breaking materials from experts around the globe and condensed it into simple, ordinary language to be understood by the masses.

Rather than presenting a challenge for the Digest, the new electronic media presented an opportunity. Every American in the early 1990’s suddenly needed to know how to use a computer or a cell phone or access the internet. What they needed were simple guides showing them
how. Two other publishing groups saw this opportunity and seized it – the Dummy’s Guides and the Idiot’s Guides. During the 1990’s, these
two publishing groups were among the most successful titles ever published, taking over the niche created, and ignored, by the Digest.
In the mid-1990’s Digest’s executives and consultants determined that their best path for growth was to expand into new media forays and
to fund this expansion by increasing prices from their magazine base.

Unfortunately, the predominately privileged and young Anderson consultants failed to comprehend the economic constraints of a mostly retired
subscriber base whose income would not increase in tandem with the 15% annual subscription price hikes they recommended. The executives at the Digest increasingly relied on these outside consultants, failing to listen to advice from long-term employees who saw the opportunity for growth by condensing materials from new sources.

Life-long employees who started working for the Digest straight from high school or local colleges and worked their way up the ranks found
their jobs in jeopardy as the Digest increasingly hired from Ivy League and upper-echelon schools for management positions. The Digest management saw the glitz of the frenetic dot-com stock era and aimed for it, losing touch with their strong supportive base in the process.
That extent of the Digest’s subscriber base, and their access to the heart of hundreds of millions of individuals worldwide, rivaled the capability
of many small governments. At the beginning of the 1990’s, the Digest computers had a data bank of names, addresses, and customer information
that was second only to the United States Government. The Digest alone accounted for approximately 1 percent of all mail in the United States,
again only rivaled by the government and American Express. In many countries, local postal carriers would conveniently “call in sick” on days that
major Digest mailings or books were due to be distributed. The company’s income and net worth placed it solidly in the Fortune 100 listing during
this era. The infamous art collection that graced the halls of the Chappaqua building and the offices of every employee; a collection that included works by Van Gogh, Monet, and Modigliani, were worth several billion dollars. So how did such a giant in the publishing industry, with so much wealth and so many customers fizzle out so rapidly?

While the current recession might have been the proverbial straw that broke the camel’s back here, Reader’s Digest’s problems started long before
now. Bad management and poor decisions led to its ultimate downfall. A coup in the late 1980’s for control of the company resulted in the new management team, led by George Grune, to take the company public. The Digest was founded by De- Witt and Lila Wallace in 1922 and was held as a private company until the coup shortly after Lila’s death. For the first 50 years of its existence, both DeWitt and Lila ran the company with a familial touch. Local employees were bused to work, Fridays in May were declared “too nice to work” by Lila so employees had these days off resulting in Reader’s Digest sales by local merchants on May Fridays.

Until the late 1980’s, the Digest deliberately withheld 15% of each employees’ salary, distributing this amount in annual checks every January.
The result was a forced savings scheme for prudent employees and a bonanza for local merchants who increased their inventory of cars, refrigerators, and televisions in mid-January to accommodate the rush of purchasing by Digest employees flush with bonus funds and eager to
spend them.

Cafeteria food was subsidized, everyone received a copy of the magazine and the Condensed Books, and key employees, including editors, were rewarded with private stock shares of the company. Those stocks were valued with a formula that linked them to the overall stock market, and their value to the employees was adjusted once at the end of each fiscal quarter.

When Grune and his associates decided to take the company public, they made a fatal error, they announced the public offering at the time of the stock market crash of October, 1989. Any long-term employee knew their stock would lose a majority of its worth at the next valuation date of December 31, 1989. For those employees over 50, the decision was easy, cash in the stocks at the higher value and retire, or wait it out and lose over half of what they’d accumulated over decades of work. The senior staff left in droves, taking with them the top four editors and anyone with a wealth of knowledge of the company. Grune and his team made an estimated $10 million each in their public offering but the damage to the company was set in place.

There were few seniors staff left with enough experience to run the ship. A new round of managers were brought in, on the advice of the Anderson
consultants, mainly individuals from major corporate publishing conglomerates. These new managers sought to take the Digest into unknown territory such as television producing, forsaking their company base of loyal subscribers.

However, thanks to the billions in cash in the company’s coffers to fund these exploits, the impact on the company was not immediately noted by most of the Wall Street analysts. In 1990, only one analyst correctly determined that the growth in the company’s bottom line in prior years was due to favorable currency fluctuations and not from growth in subscribers or product sales, all of the other analysts attending the public offering meetings voted the Digest stock a “buy”.

In 1993, at the height of the Digest’s success, their stock was trading at a high of 51½. It fell to a low of 16 in 2007, taking with it the value
in the 401K accounts of Digest employees. The company has since been bought by an investment firm, Ripplewood Holdings, LLC and is now a privately-held company once again.The lessons to be learned from Reader’s Digest’s downfall can be applied to any business; know what your core business really is. Respect your customer base because once you lose them, they’re gone, possibly forever. Listen to your staff and respect their knowledge and ideas.

Don’t fall for glitz whether it’s in the form of a “hot” new idea, venture, or business, or walks through the door in an Armani suit armed with an Ivy League degree. Sometimes simpler really is better.

Reader’s Digest through the years was a major impact in the Westchester economic and cultural scene. Their support of local nonprofit groups was invaluable. The Digest poured hundreds of millions into their Foundation alone to assist non-profits in education and the arts. The modern art wing at the Metropolitan Museum of Art would not exist if not for Lila Acheson Wallace.

And every local resident knew someone who worked there at one point. The Digest may be down, but it is not yet out for the count. On August
17, 2009, the Digest announced it was declaring bankruptcy, a move that will allow it to renegotiate with its creditors and reorganize the company.
Hopefully this move will be successful and allow another generation of readers to test their wits at Word Power or laugh at the Humor in Uniform or be there at the birth of a new Roots. But hopefully the Digest will endure if only to remind us of the power of the individual, and, that everyone should have Fridays off in May. Just because it’s such a pretty month.

Westchester Guardian/Jeff Deskovic.

2009-09-03T08:00:00.004-04:00

Thursday, September 3, 2009

Jeff Deskovic

Some Ideas On Prison Reform

As readers are well aware, I served 16 years in prison before I was proven innocent. That experience, horrific as it was, gave mean in-depth and intimate understanding of the prison system.

As such, having both witnessed and experienced many things as well as reflect upon the senselessness of many things, I naturally have some ideas on prison reform.

Prisons need not be the inhumane horror houses that they are, where abuse, lack of human and civil rights, and violence are everyday realities. If people are abused in many different ways on a regular basis for years, how do we expect such people to turn out?

It goes without saying that such an environment is counter productive and not conducive to rehabilitation. There are a variety of reforms that are needed in order to make our prisons more humane and therefore more conducive to rehabilitation. Although by no means an exhaustative list, this article contains a few thoughts on the subject.

It is well known that maintaining contact with friends and family is important to inmates because it has been linked with rehabilitation and making a successful transition back into society. Therefore, to the extent possible, prisoners who are from the city should be housed in facilities near the city, and those who are from upstate New York should be housed in facilities upstate, as close to their home town as possible, rather than the current practice of housing prisoners far from their hometowns while making them earn a transfer closer to home.

I would further point out that some prisoners go most of their sentences, and in some instances their entire prison term, never getting transferred close to home. That situation needs to be changed. By making proximity to one’s family and friends an element of reward, the Department of Corrections ultimately punishes society, much more than the prisoner, by having the former prisoner returned to society far less rehabilitated.

As anyone who has visited a prisoner knows, the Correction Officers often take a long time processing visitors, ranging from 45 minutes to several hours. There is a very simple form that visitors need to fill out. There is no reason why the guards can’t process visitors as quickly as possible.

Similarly, it is not unusual that once a visitor has been processed that it takes several hours before the prisoner arrives in the visiting room. Often the reason is that the prisoner has not been told promptly. These aspects have the cumulative effect of discouraging visitors from returning.

As mentioned above, beyond this harming the prisoner and the visitor, society is harmed as well. Often after visits, although not exclusively, prisoners are strip searched, in order to check for illegal items, drugs, or weapons.

This procedure involves not just disrobing, but also bending over and spreading one’s buttocks. The goal of checking for illegal items could be accomplished while also maintaining human dignity by utilizing an x-ray machine similar to the one utilized at airports.

Shifting gears, prison food is notorious for not being prepared correctly and barely being edible. For example, at times fish squares were still partially frozen, pasta and sauce were sometimes cooked together in one big pot completely drying out the sauce.

Pizza that is severely burned has been served, and leftovers were often served three times in the course of one week. There should be more oversight to ensure that food is prepared correctly.

Inmates do not need to be punished with bad food. Additionally, the directive that instructs that prisoners who have broken a facility rule and who have been restricted to their cells as punishment should be served smaller portions, should be changed for the same reason.

I would also like to point out that prisoners on such status are more vulnerable because they can’t purchase certain limited food items at the commissary.

As a separate but related issue, the proceedings within prisons for adjudicating whether a prisoner is guilty or innocent of having broken a rule is generally rigged, and I have personally witnessed situations in which officers have lied in their reports.

When correction officers conduct cell searches, it is easy to tell if the search has been conducted by abusive guards or those who conduct themselves
professionally. The abusive ones often leave the cell a mess, with photos, clothing items, books, etc. left in such disarray on the floor, or even on the bed, that it requires hours to put everything back together. There is no reason why things could not be put back as they were before, as the non-abusive guards leave it. I believe that a cell search should be videotaped, beginning with how the cell looked just before the search was commenced.

Often the price of hygienic items, stationery materials for keeping in contact with the outside world, and limited food items are raised due to inflation while the prisoner pay grades remain the same, at 22 cents, 25 cents, 32 cents, 38 cents an hour, with a few limited slots of 42 cents, and even fewer 48 cents slots, thus rendering the prisoners less and less able to afford things.

Considering that the commissary is supplied with food items from an outside vendor by contract, the contract should place limitations on the raising of prices. There should be an inquiry made into which guards are abusive, and also which literally look the other way when violence is occurring so as to avoid having to break things up and having to do paperwork afterwards. Such correction officers should be disciplined or, if necessary, removed.

Turning to another vital subject, prison health care is notoriously bad. It often takes between a week to several months to see a doctor. Nurses frequently dispense Tylenol as the answer to virtually every problem. It is not unusual for serious health conditions to worsen, and sometimes result in death. Health care workers who work in the prison who don’t follow the Hippocratic Oath and don’t properly care for and treat their patients should be removed The influence of God and religion inside prisons, through the practice of various religions has, to some extent, lowered violence
among its practitioners, and provide some measure of comfort.

Those who practice Christianity, Judaism, or Islam, are generally given the opportunity to attend religious services in the prison as well as to attend classes to learn more about their faith. However, most often those who practice other faiths, such as Buddhism, Hinduism, Indian faith traditions,
and other forms of faith, are not given religious services or classes. I believe that prisoners should be equally treated and allowed both services and classes in simple fairness, as well as in the interests of rehabilitation.

Shawangunk Prison, where I was incarcerated for a year and a half, had cameras all over the facility. That fact had the impact of reducing violence to negligible levels because prisoners knew that they would almost certainly get caught. To my way of thinking, cameras should be installed similarly in every prison.

When prisoners are placed in what the movie industry typically calls “the hole”, regulations require that mental health workers periodically make their rounds to check on them. This is important given the fact that prisoners under such conditions are kept in their cells 23 hours a day, and often refuse the one hour recreation because they don’t want to go to recreation in handcuffs. The problem is that instead of according confidentiality, such as by having the workers conduct interviews in a room, the counselors instead talk to prisoners through the cell bars, so that everyone who is on the unit can overhear everything that is said.

In the state of Indiana, if prisoners complete their GED, they are eligible to apply to courts for a time reduction from their sentence. This serves as incentive and motivation for prisoners to take education seriously. I think we should consider instituting such a measure in New York. As I see it,
rehabilitation needs to be encouraged, rather than being something that is accomplished despite prison.

I believe that such programs offering incentives for good behavior and completion of various educational levels should be expanded. There is a population within prison that has mental health issues, such that they really belong in a mental hospital rather than prison. I remember people who used to talk to themselves, others who were delusional, and still others who obviously had the mentality of a child. Often those who had such conditions and ailments would get worse over the years, rather than better. Sometimes the goal of dispensing medication was not so much the treatment of a sick prisoner, but the smoother running of the prison. Unfortunately, that population was also more vulnerable to abuse by other prisoners.

Wayne Simoes/Yonkers Police/Irma Marquez.

2009-06-04T23:54:00.003-04:00

The Advocate

Richard Blassberg

What Were Those Jurors Thinking About?

Last Wednesday afternoon, May 27, the jury in the federal criminal trial of Wayne Simoes, Yonkers Police Officer, brought in a verdict declaring the 39-year old, nine-year veteran of the force, “Not Guilty”, within minutes of their self-imposed 4 pm deadline. Earlier, at 1 pm, they had sent out a note to Judge Karas asking, “To be willful, does the person need to have a bad or evil purpose?” After reading the note aloud in the presence of Defense attorneys and Government prosecutors, but out of the presence of the jurors, the Judge, almost spontaneously, responded, “Yes”.

There then ensued a long conversation between Karas, Defense Attorney Andrew Quinn, and Prosecutors, principally Assistant United States Attorney Torrance, assisted at one point by Cynthia Dunne, who significantly prefaced her remarks to the Judge with an apology for speaking despite having apparently promised she would not be throughout the trial. In sum and substance, Quinn would argue repeatedly that a simple “yes” answer would do just fine while Dunne kept insisting, through Torrance, that there was a need for qualification of the affirmative response. Quinn, at one point, declared, and the Judge agreed, “A bad or evil purpose is what separates this procedure from a 1983 [Civil Rights] suit, a criminal from a civil suit.”

Karas bolstered the comparison by saying, “That’s what distinguishes a 242 [federal criminal statute] from a 1983,” further stating, “An evil act isn’t necessarily a crime. Merely saying ‘yes’ is not helpful.” Quinn, however, came back, “Most respectfully, I believe a simple ‘yes’ is best.” The fact was the jury was stumbling over the notion that in order to find Wayne Simoes guilty, they would need to find that he intended the outcome, and this jury, this middle-class, sheltered jury, could not grapple with that conclusion. Never mind what horrible damage was done to Irma Marquez’ face, head and neck as she was deliberately swung like a rag doll, face-first, to the tile floor; this jury’s sympathies were with a rogue, mindless cop with an abundance of testosterone, and not with his victim.

Therein lies the significance of the very real role that Janet DiFiore played in the whole, horrible affair. By not only failing to prosecute the
rogue cop, the perpetrator, Wayne Simoes, as any honest, uncorrupted DA would have, but instead prosecuting his victim, Irma Marquez, on bogus, trumped-up charges of Disorderly Conduct and Obstructing Governmental Administration, Janet DiFiore insured the fact that Simoes would not be tried for Assault, or Reckless Endangerment, or any other offense which he would’ve been convicted of. As a result, once the
videotape repeatedly aired, the United States Attorney’s Office was virtually compelled to step in and charge Simoes with the federal charge of Denying Marquez Her Civil Rights By Use Of Excessive Force. That would require “proof of intent,” in order to obtain a conviction.

In reality, when the jurors sent out their request for clarification, they were signalling their difficulty in accepting their assignment. They were unwilling, for the most part, to acknowledge that a policeman, someone they wanted to believe was really motivated to protect them and even someone so unlike them, Irma Marquez, could possibly have purposely used such force, driving her face and head from more than seven feet in the air, to the hard tile floor, then, immediately jumping on her unconscious body to handcuff her without hesitating a second to examine
what damage had been done to her face and head.

So unwilling was this jury to think about a victim who had been out drinking in a bar in the poor side of the city, that they never stopped to ask, “If he didn’t intend to hurt her, why in Hell did he bodyslam her? And, if he didn’t intend to bodyslam her, why lift her two feet off the ground, putting her head seven feet in the air? Was he intending to slowly slide her back on her feet?”

Then there was the issue of the rogue cop’s ‘cheering squad’. Of course, his wife and parents and, perhaps, some of his buddies at work were to be legitimately expected to come to Court and support him. However, what began on the first day of trial, with about 12 Yonkers police officers, grew daily until, by Wednesday, some 37 officers, including PBA President Eddie Armour, a well-known henchman of, and apologist for, DA Janet DiFiore, filled not only the Defendant’s side of the spectator’s gallery, but much of the other side as well. These officers were clearly intimidating to the jurors. Their message went far beyond mere moral support. Theirs was a You v. Us mentality and, clearly, one of approval of what their pal had done.

There is a big difference between the kind of crowd that will come out for a wrongfully-prosecuted cop, and one that will support a rogue who got caught on tape. Simoes’ fan club was basically telling the world, “We would have done the same.” And, given the number of individuals that we are aware of, who have been subjected to Yonkers police brutality, scores and scores of them; men, women and children; witnessing some three dozen of them clapping their hands vigorously for a cop who bodyslammed a 120-lb, five-foot tall woman, and who got away with it, was no surprise at all!

The real issue now involves just what this acquittal means. There are many unanswered questions. Some enlightened observers are questioning whether the United States Attorney, in assigning two second-string prosecutors, Skotko and Torrance, to the trial, while keeping their female gladiator, Cynthia Dunne, confined to the role of advisor throughout the trial, was really serious about getting a conviction or just faking it. After all, here they had what should have been an easy conviction of someone who the world could plainly see intended to render
the little woman unconscious and helpless; someone who was damned guilty; so guilty that several police officers, including a captain, who is
now a deputy chief, committed perjury under oath at a state trial of the victim, and before Internal Affairs in their effort to cover him up.

Yet, that same United States Attorney’s Office has kept the same Cynthia Dunne working hard at harassing, trying, and wrongfully convicting an innocent former County Correction Officer, Paul Cote, in another bodyslam case where the videotape, and other Brady material, if not withheld by Dunne, would have proven Defendant Cote’s innocence and the guilt of John Mark Reimer, the Government’s key, lying, witness. Clearly, the Government’s sincerity is in question.

Along these same lines, how is it that the FBI, after years of investigating numerous documented cases of Yonkers police brutality, and the Justice Department for whom the information has been gathered, have so far failed to prosecute even a small fraction of them, and only stepped into the Simoes case because of its strong public exposure and the absurdity of DA DiFiore’s prosecution of such an obviously innocent and egregiously injured victim?

The sad reality is that the Federal Government, because of the unethical and wrongful social relationship between former United States Attorney Michael Garcia and DA DiFiore, has thus far let down the People of Westchester, particularly those in Yonkers; innocent men, women and children who have been, and continue to be, harassed and brutalized by a stubborn contingent of rogue cops whose activities we can only guess will now be stepped up and embrazoned by the outcome of the Simoes case.

In conclusion, Yonkers Police Officer Wayne Simoes did not slip, nor accidentally drop Irma Marquez, as his Defense attorney, Andrew
Quinn, attempted to sell as alternate excuses for the outcome of his violent behavior. If that had been the case, what was he intending to do with her if he didn’t slip? He intended to do exactly what he started out to do when he grabbed her and elevated her to where her head came crashing down from some seven feet above the floor in an arc the force and velocity of which made her hair fly out as though she were sitting in an open convertible at 70 mph.

Defense counsel never offered any reasonable explanation of what Wayne Simoes was intending to do with Irma Marquez if he didn’t “slip” or she didn’t “fall”. Any pretense that Simoes hadn’t intended to bodyslam her was negated by his immediate occupation with handcuffing her upon her collision with the tile floor, that Deputy Chief Geiss testified, “sounded like the loudest slap he had ever heard, and at the same
time, like a bowling ball falling from the second floor.” No matter, this officer, who will claim for the rest of his life that he never meant to do what he did, never meant to hurt her, went right to the business of handcuffing her.

Truth be told, now that a police brutality as obvious and brazen as the one perpetrated against Irma Marquez has gone unpunished, the People of Yonkers can expect even more than they have already suffered with, so long as Janet DiFiore is the District Attorney.

In Our Opinion/Our Readers Respond.

2009-06-04T23:22:00.003-04:00

Thursday, June 4, 2009

In Our Opinion...

Sotomayor: Is It Form Over Substance?

The nomination of Second Circuit Justice Sonia Sotomayor to the United States Supreme Court by President Barack Obama, though widely-expected, nevertheless, was an action that brought great delight and pride to the Latino community last week, particularly to the Puerto Rican community of New York. After all, she was the first Hispanic ever nominated to the High Court, and only the third woman, following Sandra Day
O’Connor, and Ruth Bader Ginsburg, who she would join if confirmed.

We are very mindful of the historic moment that President Obama has brought to conception, as well as the altogether fitting and reinforcing significance of the unique nomination with respect to the inclusiveness promised by the new Chief Executive. And, while we applaud his bold and swift response to the early opportunity to diversify the nation’s highest tribunal in order to more closely reflect our present demographic, we would hope that gender and ethnicity were secondary considerations in the presence of judicial temperament and record.

It is not unrealistic to expect of a president of Mr. Obama’s mandate and intellect, a careful and comprehensive vetting of any offering for elevation to the Supreme Court. We contemplate no skeletons in Justice Sotomayor’s closet. At this early stage of the confirmation process, we are most concerned that her philosophy and her judicial record and temperament will be thoroughly scrutinized and reconciled. Her appointment, or her rejection, must not be determined by form, but rather by substance.

Neither should the popularity and persona of her designator compensate for an otherwise deficient or innapropriate designee. Justice Sotomayor must survive the process all who have gone before her have had to survive. In the final analysis, she will sink or float based upon the package she presents to the Senate of the United States, barring any as-yet unrevealed action or decision that might be deemed sufficiently egregious and unacceptable; enough to be a torpedo.

We have been both pleased and distressed by some of Justice Sotomayor’s judicial activities with respect to Westchester cases over recent years. Last year, she inspired our ire in what we described as her “misguided” surrender to pressure from then-United States Attorney Michael J. Garcia who, in a personal first, argued the Government’s appeal of United States District Court Judge Charles L. Brieant’s overturning of the conviction
of former Westchester County Correction Officer Paul Cote for an incident that resulted in an ultimately fatal injury to a belligerent inmate.

Judge Brieant, who had conducted both the pre-trial hearings, and the trial, in vacating Cote’s conviction and conferring a directed acquittal, in effect found that the jury had arrived at a verdict inconsistent with the evidence presented. He was in the courtroom, and fully in a position to evaluate the reliability and credibility of the witnesses.

He knew only too well what a dirty case the Government was putting on, and was completely aware of the political and criminal objectives woven into the unconvincing original State Court case seven years earlier under District Attorney Jeanine Pirro. He had told Assistant United States Attorney Cynthia Dunne, in our presence, in a pre-trial hearing, “If your case fails, I will not be sad.”

We were saddened when, a year later, Sotomayor and two other distaff judges yielded to, and fell into lockstep with, then-United States Attorney Michael Garcia, totally disrespecting, and trashing, that great jurist’s courageous act in defense of Justice. Mr. Garcia would later boast of his accomplishment, in another weekly publication. He had succeeded in knowingly restoring a totally bogus prosecution and conviction of an innocent public servant, Paul Cote, who had come to the aid of the fellow correction officer whose violent, reckless body slamming response to a belligerent inmate who had punched him in the face would result in the inmate’s death some 14 months later from head trauma. That individual, John Mark Reimer, who caused the death, of course, was elevated to sergeant and was the Government’s key witness.

On the other side of the ledger, with respect to Justice Sotomayor, in Feb. 2007, in the Anthony DiSimone case; a case that, for 15 years, continues to illustrate the worst in prosecutorial misconduct, We were present in the Second Circuit Court of Appeals when Judge Sotomayor, one member of a three-judge panel, fully grasping the essence of Double Jeopardy inherent in Janet DiFiore’s handling of DiSimone, said to Assistant DA Valerie Livingston of the Appeals Bureau, “You’re really not going to retry this case, are you? Isn’t that Double Jeopardy?”

When Livingston, who had been making several misrepresentations to the Court, responded that the District Attorney wanted to retry Mr. DiSimone “under the old law of Depraved Indifference Murder”, Sotomayor came right back with, “Your language is very sloppy. You are going to have to release the Defendant and then re-arrest him for something else.” DiSimone was then immediately released from prison by the panel on a writ of habeus corpus, without bail, and with a clean record.

Our Readers Respond....

Young Reader Expresses Her Feelings About Her Uncle Paul Cote

Dear Editor:

My name is Gabriella Wilkinson. A tragic thing happened when my uncle, Paul Cote, was taken away. Many years before this incident, my mother was stricken with cancer. This was very sad, too, because I was only five years old. My dad had to constantly take my mom to the hospital so my Uncle Paulie stepped up and took care of me. This was when I became close to the family.

I really did appreciate all of the help, even though I was only five. He did a lot for me, my mom and my dad. I truly love him dearly, and it breaks my heart to see my own uncle in jail for something everyone well knows he didn’t do.

I don’t think it was right or even legal. Telling the truth and being honest will get you far in life, and lying will just hurt you in the long run. So I was very happy to hear that his sentencing day is on June 1, his birthday. My mom is stating that this is like a new birth. I just know he’ll finally get out. I mean, how can he not?

I would stay up real late looking at and reading the paper with my dad. I’ve learned a lot about the case. Overall, the things I’ve learned, the most important thing I’ve noticed was that my Uncle Paulie didn’t do wrong and shouldn’t have to stay any longer.

So, in conclusion, I would like to see my uncle outside, at his own home again. So please let him out to live his life again, taking care of his family. He is not the animal the prosecutor portrayed him as. He is actually a teddy bear.

Gabriella Wilkinson

Mt. Vernon School Board Candidate Tells All

Dear Editor:

On Tuesday, May 19, 2009 at approximately 4:00am, two Mount Vernon School Board Candidates, myself and Mrs. Brenda Silvera-Milligan,
who are running mates, were out in the Fleetwood neighborhood distributing flyers for the upcoming School Board Trustee Campaign in Mount Vernon. While distributing these flyers on Fleetwood Avenue, Ms. Milligan noticed that someone was removing the flyers and posters we
had placed on the cars. She immediately notified me by cell phone to join her. We then followed the individual to attempt to identify who
it was. It was Ms. Carol Ben Reuben, an incumbent for position as School Board Trustee.

Mrs. Milligan and I followed Mrs. Ben Reuben and noted that she met up with another individual who was identified as Mrs. Lynne Frazer-
McBride, also an incumbent for position as School Board Trustee. Mrs. Milligan and myself approached the individuals and asked them why
they were removing the flyers. At first, they pretended that they did not hear me. I repeated the question but Mrs. McBride & Mrs. Ben Reuben
continued to remove flyers.

I then said to them again, “Why are you removing our flyers? You know we once voted for you.” Mrs. Ben Reuben replied, “Yeah and we once respected you!” I then asked, “What do you mean? What have I done or said to you?” Mrs. McBride said to me, “You’re prostituting your children! Ask your children, ask the people from Riverside. Even the white people say you are prostituting your children!” Once again, I asked,
“What do you mean? What does that mean I’m prostituting my children?”

I called the News 12 Breaking Hotline telephone number to report what had taken place. and also my husband, Mr. Herman R. Crump, Sr. who joined Mrs. Milligan and myself. I later witnessed Mrs. Ben Reuben & Mrs. McBride rip down one of our campaign flyers at the Longfellow Elementary School!

My husband shouted to them, “You better not rip down another one of my flyers again!” Mrs. Ben Rueben & Mrs. McBride jumped in their car and sped off!

Brenda Crump

Feiner On Red Light Cameras And Other things

Dear Editor:

In April of this year the New York State Legislature approved red light cameras to be installed at intersections in Yonkers, Nassau & Suffolk Counties. Cars that run red lights will receive tickets if caught on camera. Unfortunately, this new law only applies to a handful of communities in the state.

There is no reason why the state should be limiting these cameras to only a few cities in New York State. Poor motorist behavior in Greenburgh, New Rochelle, Mount Vernon or Bedford should be treated no differently than bad driving in Yonkers, NYC, Nassau & Suffolk Counties (cities that
can install red light cameras).

Every locality in New York State should be granted permission to install these red light safety cameras. Safety is important all over! Running red lights has caused 850 deaths and thousands of injuries each year. If red light cameras save one life it is worth it. I urge the New York State Legislature to adopt a law that will treat every locality in New York State the same when it comes down to public safety.

At Wednesday night’s new resident reception held at the Greenburgh Library, about a dozen residents stopped by at the Abbott House table and expressed interest in becoming mentors to foster care children. Town Clerk Judith Beville, Town Councilwoman Sonja Brown, Town Attorney
Tim Lewis and I have also expressed a desire to serve as foster care mentors. The requirement: only 2 hours a week of mentoring to a child. These two hours could make a world of a difference to a young person. If you are interested in signing up please contact Jack Toone, mentor and volunteer coordinator at jtoone@abbotthouse.net or call 591 7300 x 3090. Town Clerk Judith Beville’s parents took in about a 100 foster care children during their lives.

The Town Board approved a new law that will enable the Chief of Police to impound vehicles against which three or more parking summonses
have been issued but not paid. A significant number of owners are persistent violators. Some have out of state registration of vehicles, transfer ownership and re-register vehicles and are able to evade existing enforcement measures. This new law will enable the police to enforce parking orders in the case of vehicle owners who fail to timely respond to summonses issued for violations. The police indicated that they will use this law against the more significant violators.

Paul Feiner, Greenburgh Town Supervisor

People Of Mount Vernon Must Know, Part 2

Dear Editor:

First and foremost, let me say thank you for printing my last letter in your April 30, 2009 edition. Your paper, by far, is the true meaning of the people’s paper, you bring the facts to the people. It is mind-boggling that day in and day out Commissioner Horton continues to steal from us all.

We, the taxpayers of Mount Vernon, ask where is “the” Inspector General? Why is this man (Mr. Harry Stokes) not investigating Mr. Horton
for all the illegal activities: 1. Doing work in his neighborhood with DPW workers on city time and city payroll, (blocks and blocks of sidewalks, streets, trees, and so on); 2. Shakedowns of city residents and business owners, even as far as Con Edison. Let’s ask them what Commissioner Horton does to them. Why doesn’t “the” Inspector General look into Mr. Horton carrying hand guns in city hall and all over the city? Gee, how
did this convicted felon get a gun permit to begin with? is man does not only have one gun but carries two guns at all times. Mr. Inspector General, ‘Mr. Independent Inspector General’, we want to know why you have not done anything about this? I am sure the F.B.I. would love to hear what is
going on here. We need HELP!!!

As I mentioned in my earlier letter, has Mr. Horton figured out what day of the week it is yet? This man is a danger to our city. Oh, yeah, I forgot for a minute he is Junior’s very good friend. After all, Mayor Young and Horton went to Italy together, even though Horton did not have enough time on the books to take two weeks off to travel with Junior. Add that to our tax bill. We need HELP!!!

Why doesn’t “the” Inspector General investigate Mayor Young, and his willingness to sell our city to cover up the incompetence, arrogance and ignorance of his chief of staff (Mayor Robinson). Mr. Inspector General, this is our money that is being thrown away, but what do you care, you do not pay taxes in Mount Vernon. Where do you live, Somers? Maybe if you went to work more often you would have the time to see what we are losing, but yet, again, you are in Junior’s pocket also. We need HELP!!!

People of Mount Vernon, wake up, you must know. Add all this corruption to our tax bill. “Mr. Independent Inspector General”, we want to know why is it that you are not doing anything about our Building Commissioner, Ralph Tedesco?

Why is he exempt from all city codes? Is it because he is the Building Commissioner or is he as corrupt as Junior? Why can he do what he pleases
on his property (Devonia Avenue), no questions asked? Why can he shake people down and no questions asked? We need HELP!!!

There is a lot more to follow but this is enough for now, for my fellow taxpaying citizens of Mount Vernon to digest and spread to everyone they
know! Please talk to anyone and everyone in our city; let them know what is happening to ALL of us.

Al Passino

The Court Report.

2009-06-04T23:14:00.000-04:00

Thursday, June 4, 2009

The Court Report
By Richard Blassberg

Former New York City Police Commissioner Bernard Kerik
Indicted In False Statements Case In District Of Columbia

LEV L. DASSIN, the Acting United States Attorney for the Southern District of New York, announced that BERNARD KERIK, a former New York City Police Commissioner and Commissioner of the New York City Department of Corrections, was indicted by a federal grand jury sitting in the District of Columbia on charges of making false statements to White House officials during his vetting for the position of Secretary of the United States Department of Homeland Security. According to the Indictment: KERIK, in 1999 and 2000--when he was the New York City Commissioner of Corrections and then the City’s Police Commissioner--spoke to City regulators on behalf of contractors who were seeking one or more permits to do business in and with the City. The contractors then spent more than $255,000 renovating KERIK’s apartment in Riverdale, New York. Thereafter, in 2004, when KERIK was under consideration by the White House for the
position of Secretary of the United States Department of Homeland Security, KERIK gave false and misleading answers to questions by White House officials about his relationship with the contractors.

In particular, and among other things, the Indictment alleges that KERIK falsely denied that there was any possible concern the President should have about KERIK’s relationship with the contractors, and that as a public official he had had any financial dealings with individuals seeking to do business with the City; and that KERIK sent an e-mail to a White House official containing false and misleading statements concerning the renovations to the apartment in Riverdale.

Charges similar to those in today’s indictment were initially brought as part of an indictment returned in the Southern District of New York in November 2007 but were dismissed from that indictment because the crimes are alleged to have occurred in the District of Columbia and not in the Southern District of New York.

If convicted, KERIK faces a maximum prison sentence of five years and a maximum fine of $250,000 on each of the two false statement charges in the Indictment.

Mr. DASSIN praised the Federal Bureau of Investigation and the Criminal Investigations Division of the Internal Revenue Service for their
efforts during the investigation, and thanked the United States Attorney’s Office for the District of Columbia for its assistance in the transfer of this matter.

Assistant United States Attorneys ELLIOTT B. JACOBSON and MICHAEL S. BOSWORTH are in charge of the prosecution and have been designated as Special Assistant United States Attorneys in the District of Columbia for the purpose of prosecuting this Indictment.
The charges contained in the Indictment are merely accusations and the defendant is innocent unless and until proven guilty.

Catherine Wilson.

2009-06-04T15:00:00.002-04:00

Thursday, June 4, 2009

Catherine Wilson, Bureau Chief
Nothern Westchester

Paving Over Our County’s Heritage

Our region is currently celebrating the 400th anniversary of Henry Hudson’s discovery of the Hudson River. But for thousands of years before Hudson ever sailed into the New York Harbor, Native American tribes such as the Mohawks and Mohicans lived in the Hudson River Valley. Evidence of their villages and burial grounds dating between 1,000 and 6,000 years ago have been uncovered in Westchester County at Croton Point Park. Sadly, that evidence is being bulldozed and cemented over by the County construction crews as you read this.

The Guardian spoke at length to a group of concerned local residents about their battle with the County to preserve the Native Americans heritage at this site. One local expert on this issue, Bob (named changed to protect his identity) discussed the events leading up to the construction project Paving Over Our County’s Heritage at Croton Point. He said, “The current construction is for a sea wall. The initial plans for this project called for an inspection of the area which confirmed and documented the already-known pre-historic site. Previous development and construction work done at the park in the 1970’s had uncovered this site”.

When the historical significance of the Croton Point site was confirmed in 2005, a Phase II archeological investigation was recommended. Calling for this investigation meant the County was now obligated to inform the New York State Historical Preservation Office of the initial
findings and that the site would then be considered for placement on the state and national historical registers. That status would give the Croton Point settlement and burial grounds the protection and dignity they deserve. Any future development or construction at this park would then be subject to oversight by SHPO and all construction permits would have to be approved by their office to assure that the historical artifacts would not be affected.

Unfortunately for the Native Americans, the County did not pursue a Phase II review of Croton Point nor did they ever seek any historical preservation status for the settlement area and burial grounds. Instead, the County opted to circumvent proper channels for their current construction project and have proceeded without the proper authorizations and permits from the SHPO. The County is even ignoring proper
Federal construction reviews for this sea wall project.

According to a recent notice to the Westchester County Department of Parks Commissioner Joseph Stout from the Army Corps of Engineers, obtained by the Guardian, any “in-water construction activities located below the mean high tide line and associated discharge of
fill material into waters of the United States proposed at Croton Point Park as detailed in your DA permit application dated November 9, 2007, could be accomplished under the nationwide permit program, provided that the work was completed in accordance with the general and special conditions of the nationwide permit program.

It has been brought to the attention of this office that historic artifacts were discovered during the construction operations at Croton Point Park. It appears that your agency had previous knowledge, as indicated on the submitted New York State Coastal Zone Management Program form, that the proposed activity could reasonably be anticipated to affect or be located in, on, or adjacent to, historical resources listed on the national or
state Register of Historical Places. The continuation of work after the discovery of such cultural resources….. constitutes a violation of the
general conditions of the nationwide permit program, and thus non-compliance with the project’s authorization”.

The Army Corps of Engineers in this letter issued a “cease and desist” notice to Westchester County: “Therefore, the Westchester County
Department of Parks, Recreation and Conservation is hereby directed to immediately cease from performing further work in the discovery area”. The Corps notified the County Parks Department that “failure to comply with the provisions of this directive will result in further enforcement action by this office, including the possibility of substantial civil and criminal penalties”. (all emphasis added). The original planners involved
with this project correctly followed up with the County on their recommendations.

According to the Guardian’s source, Dave DeLuca of the County Parks Department admitted that the Phase II request was never submitted to SHPO and that he “never read or ‘forgot’ the recommendations in the original Phase I report”. Cynthia Blakemore of SHPO confirmed that the
Phase II report was finally sent to the State in 2009 at the request of SHPO. This report recommends a “data recovery” at the site meaning
the area has to be examined for artifacts and other historical remains. According to Blakemore “the site needs to be examined to determine if it is of historical significance. In order for this site to be nominated to be placed on the State Registry of Historical Places, it first has to be determined ‘why is it significant’? And the owner has to be on board.” Since the owner here is Westchester County, the County has to agree that the site has historical significance. Given that the County is circumventing permit procedures to advance its construction plans at this site, it would appear that the County is placing development over historical significance. According to the Guardian’s sources, the state process would also provide an opportunity to identify the extent of the historical site, what the significance of the site is, and how to redesign any undertakings at the site
or recover the artifacts from the site if a redesign is not possible. Any visitor to Croton Point can see the historical significance for themselves.

Scattered along Teller’s Walk are artifacts from the early inhabitants such as shell remnants of a shell midden. Shell middens are a heap of clam, oyster, mussel or other shells used in campsites. These middens are found near coastlines and major rivers, and generally date to prehistoric
times. A preliminary investigation of the shell middens at Croton Point dates them as being between 1,000 and 6,000 years old. According to local investigators, there is also evidence of a campsite at Croton Point, a village, and even a fort. Local and state archeologists are eager to investigate
this site thoroughly to determine its archeological and historical significance. As one local resident asked “why can’t we have a preservation
site for cultures”?

Other Native American sites in New York have fared far better than Croton Point. In 1998, Native American human remains were found during on a construction site of the American Rock Salt Company’s mine project in Groveland, Livingston County. The Commissioner of Parks at that time, Bernadette Castro, noted, “Representatives from American Rock Salt have properly notified both DEC and State Parks and with these findings, work at the site where the remains were found has been halted and the area protected.”

According to their press release issued upon the notice of these findings “the State parks provided the oversight for the archeological investigation and worked with the mine company to ensure proper treatment of the findings”. Castro assured that the parks department along with the DEC
would determine the appropriate treatment of the remains in consultation with Native American leaders. Castor vowed, “We are committed to working with representatives of the Native American community and the other parties involved to sensitively address the issues raised by this discovery”. Even though the initial discovery appeared to be an isolated find, the mine restricted its construction to other areas of the mine and
established a monitoring protocol to ensure that any future unanticipated discoveries were adequately addressed as construction proceeded.

The New York State Department of Environmental Conservation issued a permit for the American Rock Salt mine in Livingston County which contained “extensive conditions to protect archeological, historic and cultural resources. These conditions include avoidance of construction at the
southern end of the project, establishment of set-aside areas along Route 63 and requirements for archeological resource investigations t the mine site under professional oversight of the Rochester Museum and Science Center. The permit requires the use of State Parks protocols to notify Native American representatives in the event human remains are identified on the mine property. American Rock Salt is in full compliance
with these permit conditions.”

The NYS DEC did issue permits to Westchester County to proceed with this construction, but if these permits circumvented the historical preservation reviews, those permits would now be invalid. Local residents protesting the ongoing work at this site have been shown the DEC permits as so-called proof of the County’s authority to proceed with the construction. Local residents involved with this issue were not able to confirm that the DEC permits were ever forwarded to SHPO, or if the DEC contacted the representatives of local Native American tribes as mandated by Federal preservation laws.

In its submitted $7.3 million budget for the sea wall project [Croton Point Sea Walls Restoration Project #RCP09] to the County Board of Legislators, the County Parks Department promised, “An in-depth archeological study will be a part of the initial study work preceding design,” thus acknowledging the archeological significance of this site. Yet, only an initial study was performed. The in-depth follow-up that was recommended was never done.

So why did the County even acknowledge that Croton Point had archeological significance if they had no intention of following up on the recommendations of their requested report? According to the County budget for this project, it was to be funded entirely by issuing bonds. Could it be that the County knew if they applied for Federal grants for this project, they would be subject to the guidelines of Section 106 of the National Historic Preservation Act? According to the federal guidelines, in any undertaking that affects an historic site, any plans should involve the public
and any other interested parties; in this case, representatives from the Mohawk Tribal Council.

Local residents investigating Croton Point have found evidence of burial areas at the bluff by the entrance to the park. Some burial remains were recovered during previous construction at this park and those remains were initially forwarded to the Museum of Natural History. The Museum turned the remains over to representatives of local Native American tribes for reburial. While those remains were at least correctly identified it
raises the question as to why those individuals could not be left undisturbed in their ancestral lands?

Why did we have to dig up someone’s ancestor just because County residents wanted a ball field? If the County of Westchester does not honor the remains of the dead, how can we expect to be treated by future generations? Imagine having your remains dug up and transferred to a foreign location far away from your loved ones and the area that you loved just because a future generation wants a parking lot? Is this the respect the true
founding families of our area deserve?

Calls to the County Commissioner of Parks, Joseph Stout, on this issue went unanswered by press time. Contacting the descendents of those original tribes proved to be a daunting task. There are no local tribal councils for the Mohawk or Mohican nations. The closest representatives
for the Mohican and Oneida tribes are in Wisconsin which is where they were located to during the government’s early 19th century’s ethnic cleansing of the Native Americans. New York State also abolished their office of Native Americans; there are no representatives for Native Americans at the state or federal government levels. In contrast, Canada has a National Aboriginal Branch in their Federal government and even acknowledges a National Aboriginal Day, June 21, the day of native summer solstice celebrations, in honor of their native peoples.

Despite the Army Corps of Engineers’ “cease and desist” order, the work at Croton Point is not only proceeding but workers at the site confirmed to several local residents that they have sped up the project to be completed in time for the Clearwater Festival at the park in June. However, Thomas Staudter, the Communications Director for the Clearwater Organization, told the Guardian, “We have not asked the County to speed
up any construction work on our behalf. All we need is a safe environment for our participants to enjoy the festival and we can work around whatever work the County may be doing at Croton Point”.

The sea wall project is not the only work planned by the County for Croton Point. In the County’s capital budget, several additional projects are identified:

• A $3.8 million picnic area planned for 2010;

• A $1.7 million RV and tent camping grounds planned for 2010 and 2011; and,

• $2.5 million of general projects is also planned for 2010 and 2011 including improvements to the wine cellars.

Do Westchester County residents really want more picnic tables, camp sites, and a wine cellar at the expense of our Native American cultures? The Guardian intends to follow up its coverage of the current construction at Croton Point and any future projects as well.

Jeff Deskovic.

2009-06-04T14:30:00.002-04:00

Thursday, June 4, 2009

Jeff Deskovic

A Glimpse Into The Suffering Of Families Of The Wrongfully Convicted

As with many walks of life, people who have similar interests or move in the same circles inevitably meet up with others who are interested
in the same topics, and also acquire much of the same information. Of course, I am heavily into the anti-wrongful conviction movement,
and, as such, have come across many exonerees and family members of exonerees. I would like to think of myself as a people person, and enjoy talking to new people. So throughout my journey during the two years and eight months that I have been free, I have learned much about the way that wrongful convictions affect family members on a level deeper than I realized when I myself was wrongfully incarcerated.

I understood some aspects, sure, but there were many things I wasn’t aware of; and, at times my own suffering was so great that although I
was aware of some of the ways that my family suffered, I was unable to focus on it. Then, of course, there were many things that I was shielded from. I suspect that my experience in this is not atypical.

However, by being freed I have learned much about this aspect, and the thrust of this article will be sharing some of what I have learned.
I will also draw from what I have learned from the experiences of my family and also from conversations with other exonerees and their family members. Because the conversations occurred while socializing and not while conducting an interview, I will respect everybody’s privacy and not reveal their names. At the same time, this article, while intended to shed light on an oft-misunderstood subject, This by no means an exhaustative treatment.

Come with me into a nightmare scenario, for purposes of better understanding the conditions in which you as a mother or father, have had
your innocent son convicted of a murder.

When your son is wrongfully convicted, the experience of seeing him remanded into custody is both emotional and traumatic. Thoughts
of what he might be thinking or experiencing, not just physically but also emotionally, fill your head. The inability to help or to do anything
about it, in the immediate here and now, causes a feeling of helplessness in you. Safety for your son is a primary concern. There are some
people incarcerated, a er all, who are both guilty and dangerous. What do you tell your other children when they ask for their brother?

Going to his sentencing hearing is a mixed bag. On the one hand, you want to show support for your loved one and also to know what sentence will be pronounced. On the other hand it will be traumatic to hear a long prison sentence pronounced. Thoughts of what life will be like during the next 15, 20, and 25 years without your son go through your head.

Throughout The Incarceration

While your son is incarcerated, his safety will constantly be on your mind. While you may at times get respite from this, the best that it gets is that the worries have simply gone to the back of your mind; it will never leave. You dread a phone call from the prison reporting something
having happened to him. Any news you see regarding the prison on television will immediately trigger concern as to whether he is okay.

Similarly, each time he is transferred will raise new safety concerns. His incarceration will impact upon your other children. They will
miss your son, and now have an awful secret to try to hide from their school friends. The other kids at school, if they find out, could wind
up saying cruel things, teasing, or even trying to physically harm him.

When making new friends, it can be a source of shame, and so you hide this from them and hope they never find out. It feels as though you are leading a double life.

On some weekends, when you are best able to make the long travel to visit him; because the Department of Corrections frequently houses
prisoners far away from home during the first part of their sentence, you may have to beg off various invitations for social outings in order
to make the trip. But you will have to lie about what your plans are for that weekend. Sometimes you wonder whether you have lost touch with reality, or whether this is really happening.

Once in a while, though you believe in him, a stray thought may lead you to wonder if he really is innocent, though globally you know he is. Accompanying that stray thought is the question,“Where did I go wrong in raising him”. Visiting him is an elaborate process in and of itself. Firstly, it will require a long drive, typically three hours and often more. Gassing up the car to make the trip back and forth will make things expensive. Rounding out costs is that fact that you know that the food in there is so bad, so you shop for him, and you also want to leave him money.

But at times you will get frustrated when you learn, that because of some mindless rule, he can’t have certain food items. At times, if the
trip is too far to make in one day or return the same day, you will have to pay for a hotel room.

Getting into the prison will sometimes require standing on lines which are deliberately made longer by processing visitors slowly. At other
times you will be subjected to being talked to roughly, and if you are a woman the guards may hit on you. If this is how they talk to you, you
wonder how they treat him. Sometimes you will have on a bra which has metal, which will cause the metal detector to go off, which, in turn,
will lengthen the process.

Once you are actually in the visiting room, it may take 45 minutes to several hours before your son enters the room. You ask, “What took
you so long”, and are told that they just now called him. Occasionally he arrives around the count time, and so for some mindless reason they
will not let him in the room until after the count clears. Why they can’t take a count of the prisoners in the visiting room after admitting him
escapes you.

Often your conversation will revolve around different things to be done in connection with legal appeals and attempts to regain freedom. Much of this is foreign to you, and seems to be beyond your understanding, yet you will try to learn about it. Since you are his main connection to the outside, you also become his secretary, having to make various phone calls, look things up, and perform various tasks. The
changes he undergoes inside of him go largely unnoticed, because of this focus on this dominating theme. Later, once he is released, you
will discover the ways in which he has changed, and in some ways how his personality has been changed as a result of different after effects of his traumatic experience.

When it is time to go, depending on which guard is working at the visiting desk, the last point at which a visitor may leave will vary. Sometimes you will be stuck on a long line that can be as much as an hour and a half. It will break your heart to leave and not be able to take him with you, yet you have to fight yourself so that you don’t show it. The issue of visitation is divisive as you become resentful that other extended family members don’t visit him, or that they visit rarely.

Month after month, you will see the same people in the visiting room. You watch as visitors and prisoners alike age, and sometimes acquire
health problems. When their visitors stop seeing them, suddenly you cease to see the familiar faces of other prisoners in the visiting room.
You will hear the hardship tales of others on the way out and in the parking lot, and you will learn about the others’ cases. You wonder if they are innocent also, or if they are guilty. Sometimes you cease seeing the familiar faces who you made pleasant small talk with because their relative has been transferred. But you have no way of knowing that. You just cease seeing them.

When your son calls collect, you discover that the calls are more expensive. Yet you don’t want to tell him not to call, especially when you
can’t get up there to see him, so you have no choice but to bear the cost. Sometimes the money you send gets there after the commissary sheets have been printed, so your son must shop for hygienic items, stationary related products, and a few food items with however much money he has after working for two weeks at varying pay grades of 16¢, 22¢, 25¢, 32¢, 38¢ an hour.

Over the years, you learn about many prison rules, such as how many photocopied pages he can have in a letter (five) and what colors he is not allowed to wear. You learn that in order to be able to call you or others he will have to first place you on a calling list. After obtaining his GED, you learn that there is no college in prison for him to continue to pursue his education, and that the vocational classes offer obsolete material with some of the instructors merely there for the paycheck.

As the years go by, you are aware of the many milestones and rites of passage that he is missing. He misses births, deaths, marriages, holidays, and family gatherings. Your missing him is amplified on such occasions. You wonder whether he will ever get out, and whether you will have any grandchildren by him. You are aware of how big a part of your world is beyond your control, instead in the grasp of the legal
system. You wonder why it is that the appeals process is not as expeditious as it can be. You place your hopes in the next appellate proceeding, and you tell your son to be optimistic, that things will turn out okay. The let-down that occurs when the appeal is rubber stamp denied, despite what you, in your limited understanding, perceive to be good issues, is very hard to take.

However, you can’t show its affect because you have to encourage your son to remain optimistic and to hold on; and, that can’t happen if you go to pieces. The process begins again, and repeats, over and over again, at least five times until his appeals run out. The next problem is
that once that has happened, he will no longer be provided with an attorney, and you have no money to hire one. You need an investigator as well, to try to find new evidence, but like the attorney, you need one to work for free. But you quickly learn that it is very hard to find anyone to take a case pro-bono. You are aware of his reaching out to different law firms, organizations, people and places, but nothing seems to avail. Year after year goes by.

He’s going to the Parole Board. You begin to hope again. Maybe he can regain his freedom that way. But the Parole Board doesn’t want
to let even meritorious applicants go if they have been convicted of a violent crime, especially when they maintain their innocence and don’t
express remorse and take responsibility. Despite staying out of trouble, he is turned down. You wonder how long you will remain in the grip of the system, and if it will ever end. You think about whether you will ever see him free. You may even wonder about your own mortality, and whether, if it does happen, you will ever live to see it. Who will be there for him if he is still imprisoned once you pass away?
Sadly, the story ends there for many people who are wrongfully convicted. But let’s assume that your son is one of the lucky ones.

Somehow, years later, he winds up with representation. New evidence is uncovered, and he is proven innocent. You are happy, and he is vindicated. In hindsight, many people now see all of the red flags regarding his conviction. You wonder why that didn’t carry the day way back when. Why did he have to lose all of those years?

He leaves prison a free man, and you discover that his personality has changed, and all the after-effects of the experience begin to manifest
themselves. There are many skills he must relearn, and many he must learn for the first time. He must get used to his freedom, having choices,
learning new technology. He has lost contact with many friends. He is released with nothing.

If he’s an exoneree, he can sue, and he does, but it is a long procedure. He doesn’t have anything, and still needs to be supported. He is frequently passed over for jobs he interviews for that would provide gainful employment. Who will give him his first break to get him started?

Why is nothing given to him by the state to help him get on his feet? There are some who are afraid of him, since he spent all of that time in
prison though he was innocent. That fact affects his ability to meet women and find a partner.

As the discovery process of the lawsuit progresses, you learn more and more. You realize that some foul play has been involved. How could
this ever happen? You wonder why laws are not changed to prevent others from undergoing the same experience.

At The Westchester Democratic Convention

2009-05-21T23:44:00.002-04:00

The Advocate
Richard Blassberg

Democratic Party Insiders Stage
A Very Tightly Controlled
Un-Democratic Nominating Convention

Last Wednesday night the clique that tightly controls all that goes on in County government to the point where the County Legislature is
nothing more than a rubber stamp for the will and the whim of County Executive Andrew Spano, ran a totally choreographed, really un-Democratic Party nominating event.

Entering the arena at the County Center in White Plains, we were immediately struck by the predetermined nature of it all. Signs declaring
Andrew Spano, Janet DiFiore, and Tim Idoni, were strung up everywhere to the exclusion of all others as though the outcome, the very
purpose of the evening, had already been pre-determined.

A district leader from Mount Vernon was told, in no uncertain terms by Reginald LaFayette, that he could not put up a sign for Tony Castro,
candidate for District Attorney. And, in fact, when he then placed some 150 Tony Castro signs at a table next to the entrance where all delegates came in to the arena, and where there were three other stacks of signs, all for Spano, Idoni and DiFiore, those Castro signs were quickly removed, never to be seen again.

When Andrew Spano, the County Executive who first ran for the Office 12 years ago, telling everyone he was only seeking two terms, and who is now, at 74, seeking a fourth, took to the podium, it was difficult to determine just what he was thinking about when he uttered the following: “You flush the toilet. Ever wonder where it goes? That’s County Government.” This reporter certainly had to agree that what has
been going on in County Government between the County Executive and the Board of Legislators doesn’t pass the smell test.

Spano then, apparently not quite through with the subject of waste matter, proceeded to tell the delegates a whopper of a lie, declaring that
he had “gotten the Mob out of the solid waste business in Westchester.”

This reporter was present, some four years ago, having been personally invited to attend a meeting of the County Legislature’s Solid Waste
Subcommittee, by its chair, Tom Abinanti, when then-Deputy County Executive Larry Schwartz stood at the doorway to the conference room, and, one by one, called each of the several legislators present out of the room in order to twist their arms into approving an $87 million, five-year contract, with City Carting of Connecticut, a company the City of New York refused to do business with because of its known Mob connections, rather than exercise the County’s available option to renew with the then-current hauler for only $70 million for the next five years.

When asked by this reporter if the original hauler, at $70 million, had been doing a good job, then- Solid Waste Commissioner Landi, another Andy Spano crony, admitted that they were. When then asked, “Why, then, did you not renew the option with them for the next five years, at $17 million less than you will now be paying?”, Landi said, “We wanted to test the waters.” Landi knew then, as did each legislator in the room, that trash hauling was a very tightly-held and choreo-graphed industry, where prices only went up, just like County government over the last 12 years; just like the so-called nominating convention.

Curiously, when it came to nominating a candidate for District Attorney, Party Chairman Reginald LaFayette insisted that Tony Castro’s,
and Janet DiFiore’s, speeches could only be given after a voice vote was recorded declaring DiFiore the nominee. Apparently he was so insecure that, perhaps, if they each spoke before the balloting, perhaps Castro might have inspired too many of even the tightly-controlled, rather unenthusiastic, crowd.

Truth be told, Spano never really supported Tony Castro in either of his prior attempts to become District Attorney. Andrew Spano has far too many skeletons in his closet, both as County Clerk and as County Executive, to ever risk having a competent, experienced law-abiding prosecutor, the likes of Tony Castro, in the District Attorney’s Office. Spano and his cronies needed, and still need, people like Jeanine Pirro and Janet DiFiore, who will sacrifice the interests of decent, innocent individuals, police officers and civilians alike, while covering up crimes and malfeasance, outright corruption in office. Hence, the all-out effort to put Janet DiFiore, a horrible, self-serving Republican DA, across as a Democrat.

Spano expects the real Democrats, the families who are not Fat Cat Insiders, but who, instead, are struggling with the highest taxes in the nation, to accept DiFiore as one of their own, despite her well-known, ruthless handling of innocent victims, and her vindictive crushing of honest, hard-working police officers. He expects her acceptance from rank and file Democrats, just as he expected them to accept the $5,000 raises he wanted to gift to his crony commissioners already getting $155,000 salaries last Fall. In short, he wants Democratic families to drink the Kool-Aid and accept Janet DiFiore despite the fact that a News 12 poll, taken several weeks ago, with a hefty 999 viewer response that indicated voters for District Attorney favored Tony Castro by an overwhelming 55 percent, Dan Schorr, the Republican, with 27 percent,
and incumbent Janet DiFiore, a distant third, with only 18 percent.

We are confident that, in the certain primary between Castro and DiFiore, Westchester’s Democratic families will not be fooled into Drinking
The Kool-Aid for DiFiore.

“You flush the toilet. Ever wonder where it goes? That’s County Government.”

Westchester County Executive Andrew Spano

The Westchester Democratic Convention

Democratic Committeeman Maurio M. Sax’s
Nominating Speech For Tony Castro

Chairman LaFayette, fellow Delegates, eight years ago I had the privilege to stand before you and place in nomination Tony Castro for Westchester County District Attorney. At that time you enthusiastically, and overwhelmingly, made him our nominee for that Office. Four years later, again, you gave him your unconditional endorsement and, in the election that followed, he received more votes on the Democratic line than his Republican opponent, Janet DiFiore did, on the Republican line. Unfortunately, he lost because of minor Party endorsements held by his opponent.

This evening, we have a complex issue before us, as Tony Castro, once again, seeks the Democratic nomination for DA. He is being challenged by the present Republican incumbent who seeks the Democratic nomination for her re-election to that Office. Let’s be clear. There is a real distinction between these two candidates.

Tony Castro is the incumbent Democratic nominee, seeking to be the Democratic nominee to run as our Democratic candidate for DA. Ms. DiFiore is the incumbent Republican District Attorney who seeks the Democratic nomination for her re-election.

One must question why the Republican incumbent, who campaigned against our Party’s candidate, is now seeking our Party’s nomination.
When asked, at a Committee meeting, why she is defecting the Republican Party, she responded, “I like the Democratic Party’s values.” And, when asked which of those values she liked, the response was, “I am against the Iraq War.”

The question must be asked, what, in fact, being a Democratic District Attorney, would permit you to do that you can’t do as the present Republican in that office? Is there a Democratic or a Republican method of enforcing our laws and protecting the public interest? Will you be more competent and serve the public interest better now that you are a Democrat? This Office requires a person who is independent from political demands; someone who possesses fair social ideals and humanitarian principles which relate to law and justice.

Or, is the real reason that the incumbent Republican candidate cannot win re-election against a strong Democratic challenger. If it is, it is an admittance of weakness in your ability to serve that Office. We should not allow our Party to be used for political opportunism and self-preservation. Let’s not be enablers to those who seek to entrench themselves in public office. If this is the trend, there will be a public backlash against this. Both political parties must maintain the sanctity of the two-party system which is basic to our democratic values.

The facts are, when News Channel 12 ran a poll as to who should be Westchester District Attorney, Tony Castro received 55 percent. Dan Schorr received 27 percent. And Janet DiFiore received 18 percent. From this poll, and his two campaigns, we know that there is strong public support
for Tony’s candidacy.

Most of us in this room know Tony Castro. We have seen him and supported him through two elections. He is the prime example of the American Dream. He is the son of immigrant parents, who worked his way through Harvard University. His whole life has been one of public service, having served for 14 years, with distinction, as an Assistant District Attorney. He is committed to public service and will champion the cause of virtue over vice. Finally, allow me to say this. In over 100 years, a Democrat has never been elected to this office. With Tony Castro, we now have an opportunity to elect a life-long Democrat. Let this be an opportunity to elect a true Democrat to be our next DA, for he will enrich the Office with new, dynamic leadership that is so sorely needed.

It is with great pleasure that I place the name of Tony Castro as our Party’s nominee for the next District Attorney of this great County.

The Westchester Democratic Convention

Tony Castro’s Address Before The
Westchester Democratic Convention

Dr. Martin Luther King said, “Law and order exist for the purpose of establishing justice; and, when they fail in this purpose, they become the dangerously structured dams that block the flow of social progress.” Two generations ago, New York Democrats were instrumental in waging and winning a battle for the soul of our Party as we embraced Dr. King’s non-violent crusade for justice as our own.

Just last November, New York Democrats proudly took part in an historic election of change, and promise, when we elected a President of the United States who is as much a son of Kenya as he is of Kansas. But the battle goes on. Today, here in Westchester County, victims of violence at the hands of a few law enforcement officials, are prosecuted by our District Attorney despite public and overwhelming evidence that they have done nothing wrong.

One man was held incommunicado and denied access to his attorney and family for four days. I know, because I was his attorney. In two recent cases, the United States Department of Justice has had to step in and prosecute because our District Attorney charged the victim instead of the offender.

I am a candidate for District Attorney this year, not out of any sense of entitlement as a former candidate. I run because, in this election, I am the better candidate, the better Democrat, and I will be the better District Attorney. Many of you know me as a life-long Democrat who fights the good fight and remains true to the values that define us as Democrats; an uncompromising, unwavering commitment to the civil liberties and rights of all, regardless of economic or social status.

That is the kind of District Attorney Westchester deserves, and that is the kind of District Attorney I will be. Our representations of justice show her blindfolded so that she may weigh, in the scales she holds, the fate of the accused before her, without regard to who that individual may be. In the United States, we are all equal before the law and, as District Attorney, I will make sure that is the practice here in Westchester County again.

Now, I know change is hard. It’s easier to embrace the status quo, to go with the conventional wisdom, to stick with the incumbent even when she just joined our Party. Senator Obama had a good gig going in Washington. It’s nice to be a United States Senator. It’s hard spending weeks in the frozen fields of Iowa convincing Iowa Democrats, sometimes one at a time, that you are the right instrument of the change that America needs.

So, tonight, in asking you to do the right thing for Westchester, and for our Party, I am asking you to do something hard. I am asking you to send a message to the power brokers who put this deal together, and to say “No”, a three-time Republican is not the future of the Democratic Party here in Westchester. And, “No”, we embrace a different vision of justice for our home towns.

It may well be easier to send this message in the privacy of a voting booth in September. But I ask you tonight to join my cause because it is the right thing, not the easy thing, to do. How important is this cause? Dr. King taught us, “Injustice anywhere is a threat to justice everywhere.” Westchester deserves a better administration of justice than it has. And, as the Majority Party, it is our obligation to see to it.

Fellow Democrats, I ask for your support, and with it, I promise to return law enforcement to its true purpose, the establishment of justice. Thank you, ladies and gentlemen, and God bless the United States of America, and our President.