Thursday, December 18, 2008
The Court Report
By Richard Blassberg
Young Woman Charges Two Harrison Police Officers
With Sexual Assault And Civil Rights Violations
Last Monday, December 8th, Civil Rights Attorney Jonathan Lovett, of White Plains, filed a lawsuit against Harrison Police Officer Edward Detlefs and Harrison Police Captain Anthony Marraccini on behalf of his client, Stacey Summa, 27, an attractive female resident, for violation of her rights of privacy, equal protection, and Due Process under the 14th Amendment, as well as her Constitutionally-guaranteed right to be free from excessive force under 42 U.S.C. Section 1983, and 42 U.S.C. Section 1985 (3).
Ms. Summa, reportedly a fashion model, was first briefly contacted by Detlefs on New Street, in the Town of Harrison, December 31, 1999 while
she was dressed up for a New Year’s Eve party. Following a brief contact, as she exited a vehicle, Defendant Detlefs commented to his partner, Offi-cer Ralph Tancredi, that he was sexually attracted to Summa. He reportedly would remind Tancredi, over the next seven years, about her good looks and his sexual attraction to her. Then, on November 10, 2006, Summa was traveling in the front passenger seat of her own car, being driven
by Matthew Foglia, as they exited the Hutchinson River Parkway in Harrison.
Officer Detlefs, on patrol with his German Shepherd, in his police car, observed and recognized Plaintiff Summa, and pulled her car over on Westchester Avenue, under false pretenses. Detlefs reportedly forced the driver, Foglia, out of the car after twice offering a false excuse for the stop. Detlefs reportedly next forced Summa out of the car for no good reason other than his desire to sexually assault her.
He positioned her with her back to oncoming traffic, whereupon he reportedly grabbed her breasts, and repeated the act, while Plaintiff Summa repeatedly demanded a female police officer be summoned to the scene. The complaint alleges that Officer Detlefs proceeded to force Summa to
the pavement, and, assisted by an off-duty police officer who put his body weight on her back, Detlefs then “viciously and forcefully shoved his hand up into her vagina with the punitive objective fully realized, of causing her excrutiating pain, serious physical injury, and sexual degradation.”
Defendant Detlefs had Summa’s car removed to police headquarters and arranged to incarcerate Summa there for more than six hours, during which time Captain Marraccini repeatedly demanded that she give him information about supposed criminal wrongdoing by her brother, offering to free her. Upon her refusal to go along with Marraccini’s scheme, her hands and feet were shackled and she was brought to the County Jail, charged and prosecuted for Possession of a Control Substance. Money that she had on her person was taken from her without issuance of a receipt.
Officer Detlefs’ conduct, expressly encouraged and condoned by Captain Marraccini, caused Plaintiff Summa to suffer sexual abuse, gross humiliation, intense physical pain, post-traumatic stress disorder, fear, shame, embarrassment, anxiety, and emotional upset, as well as deprivation of her property and money, rendering her sick and sore.
Summa seeks punitive damages from Detlefs and Marraccini, each in the amount of $10 million, and compensatory damages against them, jointly
and severally, of $25 million. At a press conference on Tuesday, December 9th, Attorney Lovett told reporters, “Police Officer Detlefs’ Forceable Sodomy, while on duty, is not only a federal issue, but a crime.” He went on, “Being savages with a gun and an I.D. is not acceptable.
And, just because Jeanine Pirro condoned this kind of behavior, and Janet DiFiore does nothing about it, doesn’t make it right.” Lovett declared, “There will be many more cases going forward. Where’s the DA? They don’t need a victim’s consent to prosecute. There is a core group of
thugs who commit sexual felonies in the Harrison Police Department.”
U.S. ATTORNEY’S OFFICE FOR THE
SOUTHERN DISTRICT OF NEW YORK
HONORED WITH MULTIPLE
DIRECTOR’S AWARDS
LEV L. DASSIN, the Acting United States Attorney for the Southern District of New York, announced that six Assistant United States
Attorneys for the Southern District of New York, along with law enforcement agents and paralegals with whom they worked, received awards
at the Department of Justice’s 25th annual Executive Office for United States Attorneys (EOUSA) Director’s Awards Ceremony. A total of 160
award recipients were recognized for their excellence in law enforcement. Recipients included Assistant United States Attorneys, law enforcement
agents, litigation and information technology support personnel, and others who have made outstanding contributions in federal, state
and local law enforcement. Acting U.S. Attorney DASSIN said, “These awards provide well-deserved recognition of the skill, tireless dedication,
and professionalism of these attorneys, investigators, and staff.”
Assistant United States Attorneys MIRIAM E. ROCAH, JONATHAN S. KOLODNER, and ERIC SNYDER, along with Federal Bureau of
Investigation Special Agents JOY ADAM, WILLIAM INZIRELLO, and JOHN JENNINGS, as well as New York City Police Department Detective
SALVATORE ARRIGO, received the 2008 Director’s Award for Superior Performance by a Litigative Team for their successful investigation
and prosecution of members of the Genovese Organized Crime Family. This was the first investigation to use “roving bugs” – placed
in the cellular telephones of several targets. The resulting prosecutions helped cripple the Genovese Family’s operations in the greater New
York City area. The team obtained convictions of approximately 35 people, including high-ranking members and associates, and solved the
1998 murder of RALPH COPPOLA.
Assistant United States Attorneys NEIL M. BAROFSKY, CHRISTOPHER L. GARCIA, and RUA M. KELLY, Criminal Investigator ROBERT
MANCHAK, Paralegal Specialists MARY BETH ALLEN, GARY SMITH, and KARYN LEON-MATOVICK, along with United States
Postal Inspectors WILLIAM JOHNSON and HAESUN MOON received the 2008 Director’s Award for Superior Performance by a Litigative
Team for their successful investigation and prosecution in connection with the 2005 collapse of the financial giant Refco. This team used a
creative and innovative approach to achieve unprecedented results in an extremely complex case that involved theft of more than $2.4 billion
from the victims. Among the accomplishments: The conviction after trial of Refco’s former President and co-owner; the guilty pleas of Refco’s
former CEO and co-owner, its former Executive Vice President and its Chief Financial Officer; the seizure and forfeiture of more than $150
million; and the indictment of Refco’s outside counsel.
“The attorneys, agents and staff we honor today are dedicated public servants,” said Attorney General Michael B. Mukasey. “Today’s award
recipients are leaders in carrying out the Department’s mission, and the citizens in the communities they serve should be proud of their efforts
and accomplishments.”
Showing posts with label Harrison Police. Show all posts
Showing posts with label Harrison Police. Show all posts
Thursday, December 18, 2008
Thursday, November 6, 2008
Westchester Guardian/The Court Report.
Thursday, November 6, 2008
The Court Report
By Richard Blassberg
Serious Doubt Cast Upon Charges Leveled By Chief
Hall Against Harrison Police Officer Tancredi
Issues Of Retaliation And Procedural Deficiency Halt Disciplinary Hearing
Last Wednesday morning, October 29th, the long-anticipated disciplinary hearing into the alleged misconduct of Harrison Town Police Officer Ralph Tancredi finally got underway. Well, almost. Tony Castro, appointed Special Prosecutor by the Harrison Town Board several months ago for the proffering of charges by Harrison Police Chief David Hall against Officers Ralph Tancredi and Stephen Heisler,
offered opening remarks detailing incidents in the Harrison community, while off-duty, in civilian garb by Ralph Tancredi, on June 2, 5 and 15, 2007, allegedly involving Tancredi in “verbally and physically abusive behavior,” with his then-former girlfriend Sofia Saenz as well as identified, and unspecified patrons of My Place, a bar in Harrison. Castro concluded by stating that Chief Hall, in bringing the charges, was seeking Officer Tancredi’s dismissal from the Department.
Before getting underway, appointed Hearing Officer, Mount Pleasant Town Justice Robert Ponzini, asked Defense attorney for Officer Tancredi, Jonathan Lovett, “Is it your client’s desire to have a public hearing?”
Mr. Lovett responded in the affirmative.
Following Mr. Castro’s presentation of charges, Attorney Lovett came out swinging. He declared, “Guess what’s missing? There’s no date, no time, no year. It’s un-Constitutionally vague, legally deficient.” Glancing toward the Prosecutor’s table, Lovett said, “Those charges are going to come back to haunt Chief Hall.” He went on, “This case is being presented under the 1936 Police Act. There must be an affirmative showing. This police department has more leaks than the Titanic.”
Lovett then went on to explain, “No person who prefers the charges may hear the case.” He then cited the state law, word and verse, that is, as he put it, “A flat-out bar to hearing officers preferring the charges.” He explained that Section 5711(Q) in the State Code was, “special legislation dealing with employment of police in villages as opposed to towns.”
He further declared that, under State law, Local Law 6 of 2008 was, “a complete nullity,” because it, “neglected the need for a referendum.” He then postulated, “Even if there wasn’t such a prohibition, you have two state laws which specifically prohibit what the Town/Village Board did here in appointing a hearing officer.” He concluded, “Six ways from Sunday this whole proceeding is a nullity.”
Lovett then proceeded to broaden the scope of his procedural and subject matter objections, citing England v Louisiana Board Of Medical Examiners 365 U.S. 411, and declaring, “Both acts are First Amendment retaliatory. In any event, there is no jurisdiction.” He then launched an attack upon the integrity and credibility of the Harrison Police Department, citing instance after instance of criminal conduct by high-ranking officers, including Complainant Chief Hall which, he asserted, went “unreported and unpunished.” Mr. Castro twice objected to Lovett’s allegations, and was granted a “continuing objection” by Hearing Of-ficer Ponzini, even as Lovett continued to inform him.
Attorney Lovett next proceeded to turn the language contained in the charges leveled against his client, Officer Tancredi, by Police Chief Hall with respect to the need for “police officers to set a high example, morally, in the community against Hall,” declaring, with regard to those officers who are presently facing charges in Federal Court for various violations of local citizens’ civil rights, “They are the symbols of moral authority.”
Getting more specific, Lovett cited the police and prosecutors’ misconduct with respect to Sofia Saenz, now married to Tancredi, and seated in the courtroom between her mother and her mother-in-law. Lovett told Ponzini, “Sofia Saenz was taken against her will and interrogated for hours while falsely imprisoned.”
Ponzini proceeded to give Special Prosecutor Castro the opportunity to counter Jonathan Lovett’s objections. Castro went on to register his own objections. Ponzini then stated, “Mr. Lovett has brought up several issues, some of which I already have an opinion on.” He then indicated that some issues needed clarification before the proceedings could go forward; “the issues in particular connected to the fact that Harrison is both a town and a village.”
He therefore wisely adjourned the proceedings until November 12, at which time he indicated that he expected to have received papers from
each side explaining their respective positions with regard to the procedural and jurisdictional objections raised by Mr. Lovett.
It should be noted that there were some 15 members of the Harrison Police Department PBA, of which Officer Tancredi was President until earlier this year, present at the hearing.
Samuel Israel Pleading
Postponed One More Time
United States District Court for the
Southern District of New York
300 Quarropas Street, White Plains
Judge Kenneth M. Karas Presiding
Last Tuesday, October 28th, Samuel Israel III appeared in Federal District Court, White Plains, scheduled to plead to a single count of Escape, having faked a suicide from the Bear Mountain Bridge on June 9, 2008, then turning himself in to authorities in Massachusetts several weeks later. Having twice previously attempted to plead guilty to the single charge, which, conceivably, could tack another ten
years on to the 20 years he is already facing, in a $450 million investment swindle scheme, Israel, who reportedly had completed his
methadone detoxification program, according to Dr. Gail Bailey-Wallace, Medical Director of the Westchester County Jail, and accordingly diagnosed as “fully functioning and competent to enter a plea,” nevertheless, came to Court apparently with some medical and psychiatric
issues still unresolved.
Tuesday’s session, which had originally been scheduled as a pleading, in fact, as predicted by Assistant United States Attorney Sarah Krissoff , in her October 15, 2008 correspondence to Judge Karas, turned into a status conference. Barry Bohrer, lead attorney for
Defendant Israel, when recognized by the Judge, opened with, “Your Honor, we have been in discussion with the Government. If we might meet in sidebar, as we did last time, it might be more efficient.” Judge Karas, characteristically light-spirited, responded, “I’m all for
efficiency.”
During the sidebar, which lasted five or six minutes, Israel, who remained seated at the Defense table, as he had on prior occasions, this time turned to the FBI agent seated at the Prosecution table, and made some brief, indistinguishable remarks. Returning from sidebar, Mr. Bohrer addressed the Court, “Your Honor, we have made application seeking that Mr. Israel be sent to the Federal Medical Facility in Butler, North
Carolina.” Assistant United States Attorney Krissoff immediately followed with, “The Government joins that application in light of
our understanding of Mr. Israel’s condition.”
Judge Karas then acknowledged the Court’s desire to deal with Mr. Israel “fairly, properly, and efficiently,” and granted the Defense application. Karas, in granting the application, cited Federal Rule of Procedure 3161 (h)(1)(A), indicating that he was doing so, “Firstly,
to determine the physical and mental capacity of the Defendant, and, secondly, in the interest of Justice.” Karas then stated, “We should put this over to the end of February to take care of any issues. So let’s say February 27, at 2pm.”
The Court Report
By Richard Blassberg
Serious Doubt Cast Upon Charges Leveled By Chief
Hall Against Harrison Police Officer Tancredi
Issues Of Retaliation And Procedural Deficiency Halt Disciplinary Hearing
Last Wednesday morning, October 29th, the long-anticipated disciplinary hearing into the alleged misconduct of Harrison Town Police Officer Ralph Tancredi finally got underway. Well, almost. Tony Castro, appointed Special Prosecutor by the Harrison Town Board several months ago for the proffering of charges by Harrison Police Chief David Hall against Officers Ralph Tancredi and Stephen Heisler,
offered opening remarks detailing incidents in the Harrison community, while off-duty, in civilian garb by Ralph Tancredi, on June 2, 5 and 15, 2007, allegedly involving Tancredi in “verbally and physically abusive behavior,” with his then-former girlfriend Sofia Saenz as well as identified, and unspecified patrons of My Place, a bar in Harrison. Castro concluded by stating that Chief Hall, in bringing the charges, was seeking Officer Tancredi’s dismissal from the Department.
Before getting underway, appointed Hearing Officer, Mount Pleasant Town Justice Robert Ponzini, asked Defense attorney for Officer Tancredi, Jonathan Lovett, “Is it your client’s desire to have a public hearing?”
Mr. Lovett responded in the affirmative.
Following Mr. Castro’s presentation of charges, Attorney Lovett came out swinging. He declared, “Guess what’s missing? There’s no date, no time, no year. It’s un-Constitutionally vague, legally deficient.” Glancing toward the Prosecutor’s table, Lovett said, “Those charges are going to come back to haunt Chief Hall.” He went on, “This case is being presented under the 1936 Police Act. There must be an affirmative showing. This police department has more leaks than the Titanic.”
Lovett then went on to explain, “No person who prefers the charges may hear the case.” He then cited the state law, word and verse, that is, as he put it, “A flat-out bar to hearing officers preferring the charges.” He explained that Section 5711(Q) in the State Code was, “special legislation dealing with employment of police in villages as opposed to towns.”
He further declared that, under State law, Local Law 6 of 2008 was, “a complete nullity,” because it, “neglected the need for a referendum.” He then postulated, “Even if there wasn’t such a prohibition, you have two state laws which specifically prohibit what the Town/Village Board did here in appointing a hearing officer.” He concluded, “Six ways from Sunday this whole proceeding is a nullity.”
Lovett then proceeded to broaden the scope of his procedural and subject matter objections, citing England v Louisiana Board Of Medical Examiners 365 U.S. 411, and declaring, “Both acts are First Amendment retaliatory. In any event, there is no jurisdiction.” He then launched an attack upon the integrity and credibility of the Harrison Police Department, citing instance after instance of criminal conduct by high-ranking officers, including Complainant Chief Hall which, he asserted, went “unreported and unpunished.” Mr. Castro twice objected to Lovett’s allegations, and was granted a “continuing objection” by Hearing Of-ficer Ponzini, even as Lovett continued to inform him.
Attorney Lovett next proceeded to turn the language contained in the charges leveled against his client, Officer Tancredi, by Police Chief Hall with respect to the need for “police officers to set a high example, morally, in the community against Hall,” declaring, with regard to those officers who are presently facing charges in Federal Court for various violations of local citizens’ civil rights, “They are the symbols of moral authority.”
Getting more specific, Lovett cited the police and prosecutors’ misconduct with respect to Sofia Saenz, now married to Tancredi, and seated in the courtroom between her mother and her mother-in-law. Lovett told Ponzini, “Sofia Saenz was taken against her will and interrogated for hours while falsely imprisoned.”
Ponzini proceeded to give Special Prosecutor Castro the opportunity to counter Jonathan Lovett’s objections. Castro went on to register his own objections. Ponzini then stated, “Mr. Lovett has brought up several issues, some of which I already have an opinion on.” He then indicated that some issues needed clarification before the proceedings could go forward; “the issues in particular connected to the fact that Harrison is both a town and a village.”
He therefore wisely adjourned the proceedings until November 12, at which time he indicated that he expected to have received papers from
each side explaining their respective positions with regard to the procedural and jurisdictional objections raised by Mr. Lovett.
It should be noted that there were some 15 members of the Harrison Police Department PBA, of which Officer Tancredi was President until earlier this year, present at the hearing.
Samuel Israel Pleading
Postponed One More Time
United States District Court for the
Southern District of New York
300 Quarropas Street, White Plains
Judge Kenneth M. Karas Presiding
Last Tuesday, October 28th, Samuel Israel III appeared in Federal District Court, White Plains, scheduled to plead to a single count of Escape, having faked a suicide from the Bear Mountain Bridge on June 9, 2008, then turning himself in to authorities in Massachusetts several weeks later. Having twice previously attempted to plead guilty to the single charge, which, conceivably, could tack another ten
years on to the 20 years he is already facing, in a $450 million investment swindle scheme, Israel, who reportedly had completed his
methadone detoxification program, according to Dr. Gail Bailey-Wallace, Medical Director of the Westchester County Jail, and accordingly diagnosed as “fully functioning and competent to enter a plea,” nevertheless, came to Court apparently with some medical and psychiatric
issues still unresolved.
Tuesday’s session, which had originally been scheduled as a pleading, in fact, as predicted by Assistant United States Attorney Sarah Krissoff , in her October 15, 2008 correspondence to Judge Karas, turned into a status conference. Barry Bohrer, lead attorney for
Defendant Israel, when recognized by the Judge, opened with, “Your Honor, we have been in discussion with the Government. If we might meet in sidebar, as we did last time, it might be more efficient.” Judge Karas, characteristically light-spirited, responded, “I’m all for
efficiency.”
During the sidebar, which lasted five or six minutes, Israel, who remained seated at the Defense table, as he had on prior occasions, this time turned to the FBI agent seated at the Prosecution table, and made some brief, indistinguishable remarks. Returning from sidebar, Mr. Bohrer addressed the Court, “Your Honor, we have made application seeking that Mr. Israel be sent to the Federal Medical Facility in Butler, North
Carolina.” Assistant United States Attorney Krissoff immediately followed with, “The Government joins that application in light of
our understanding of Mr. Israel’s condition.”
Judge Karas then acknowledged the Court’s desire to deal with Mr. Israel “fairly, properly, and efficiently,” and granted the Defense application. Karas, in granting the application, cited Federal Rule of Procedure 3161 (h)(1)(A), indicating that he was doing so, “Firstly,
to determine the physical and mental capacity of the Defendant, and, secondly, in the interest of Justice.” Karas then stated, “We should put this over to the end of February to take care of any issues. So let’s say February 27, at 2pm.”
Thursday, July 17, 2008
Westchester Guardian.
Thursday, July 17, 2008
The Court Report
By Richard Blassberg
Federal Judge Denies Harrison’s Motion To Dismiss
Holds Town And Individual Police Officers Accountable
Last Wednesday, June 9, United States District Judge William C. Conner denied a motion by Harrison Police Officers Lucas and DiGiacomo, and the Town of Harrison to dismiss the claim of Sofia Saenz, brought under 42USC Section 1983 against several Harrison Police Officers and the Town of Harrison.
Analysis:
Ms. Saenz, friend of Harrison Police Officer Ralph Tancredi, found herself unlawfully, unconstitutionally violated by police officers of the
Town of Harrison and ADA Barbara Egenhauser of the Westchester District Attorney’s Office as Captain Marraccini and Chief Hall, aided and abetted by the District Attorney’s Office, attempted to extract retaliation against Officer Tancredi.
The motion for dismissal brought by Defendants were predicated upon the theory that the Plaintiff had failed to state a claim upon which relief could be granted by the Court. Judge Conner found that Plaintiff Saenz “has carried her burden on this motion,” and thus dismissed the Defendants’ action.
The Court Report
By Richard Blassberg
Federal Judge Denies Harrison’s Motion To Dismiss
Holds Town And Individual Police Officers Accountable
Last Wednesday, June 9, United States District Judge William C. Conner denied a motion by Harrison Police Officers Lucas and DiGiacomo, and the Town of Harrison to dismiss the claim of Sofia Saenz, brought under 42USC Section 1983 against several Harrison Police Officers and the Town of Harrison.
Analysis:
Ms. Saenz, friend of Harrison Police Officer Ralph Tancredi, found herself unlawfully, unconstitutionally violated by police officers of the
Town of Harrison and ADA Barbara Egenhauser of the Westchester District Attorney’s Office as Captain Marraccini and Chief Hall, aided and abetted by the District Attorney’s Office, attempted to extract retaliation against Officer Tancredi.
The motion for dismissal brought by Defendants were predicated upon the theory that the Plaintiff had failed to state a claim upon which relief could be granted by the Court. Judge Conner found that Plaintiff Saenz “has carried her burden on this motion,” and thus dismissed the Defendants’ action.
Thursday, June 26, 2008
Westchester Guardian/Harrison.
Thursday, June 26, 2008
Harrison’s Joan Walsh Speaks
For The ‘Frightened’ Majority
She Stands Up To Those On Corrupt ‘Gravy Train’
By Richard Blassberg
Last Wednesday night, June 18, Harrison Supervisor Joan Walsh demonstrated her mettle in the face of extreme opposition from the forces of Anthony Marraccini and his front-man, Dave Hall. In keeping with an agreement, reached by the Town Board at their prior meeting, to bring in an outside investigator to assess the cause of no fewer than 11 legal actions, most in Federal Court, currently pending against members of the Harrison Police Department, Walsh had called for a special closed-door session with fellow Board members to meet
with, and possibly choose, one of two investigative agencies.
As events turned out, representatives from Daylight Forensic And Advisory and from Kroll Associates, two New York City firms, were never given the opportunity to present their credentials or pitch their services. Instead, some 150 or so individuals, many of them police officers from other towns and counties, several of them including former Chief Longworth of Dobbs Ferry and current Greenburgh Chief
Kapica, aligned with Police Chief Hall through the New York State Association of Chiefs of Police, came out to lend their voices in opposition to any possible investigation into misconduct by such notables as Captain Anthony Marraccini and Officers Richard Light
and Ed Lucas, as well as Chief Hall.
Ironically, one of the cases in Federal Court, brought by several members of the Harrison PBA, involves allegations that Chief Hall intercepted and misappropriated a $2500 check sent as proceeds from a fundraiser to the PBA, forged the payee by changing the face of the check, and then converted the proceeds by depositing the check into the account of the very same New York State Association of Chiefs of Police, 15 of whose members were at the meeting.
There were other interesting ironies as well; Albert J. Pirro, Jr., convicted Federal felon, tax cheat, and notorious “fix-it man”, acting as counsel to Chief Hall, attempting to lecture Supervisor Walsh about “wasting taxpayers’ money and making a mockery of the Town.”
Most hilarious was Pirro’s assertion that Chief Hall was so certain that there has been no wrongdoing in his Department that, “He welcomes
a full investiga-tion by the Department of Justice.” Of course, Al knows all about those; and his client is, no doubt, a little late extending
the welcome mat to the FBI.
The Guardian has been closely monitoring events in Harrison for the better part of two years, reporting one Federal lawsuit after another, involving a small clique of high-ranking police of-ficers who repeatedly engage in conduct that violates the civil rights of civilians as well as rank and file members of the Harrison Police Department. We will continue to watch developments very closely as the effort to rid the Town of corruption and tyranny goes forward.
Harrison’s Joan Walsh Speaks
For The ‘Frightened’ Majority
She Stands Up To Those On Corrupt ‘Gravy Train’
By Richard Blassberg
Last Wednesday night, June 18, Harrison Supervisor Joan Walsh demonstrated her mettle in the face of extreme opposition from the forces of Anthony Marraccini and his front-man, Dave Hall. In keeping with an agreement, reached by the Town Board at their prior meeting, to bring in an outside investigator to assess the cause of no fewer than 11 legal actions, most in Federal Court, currently pending against members of the Harrison Police Department, Walsh had called for a special closed-door session with fellow Board members to meet
with, and possibly choose, one of two investigative agencies.
As events turned out, representatives from Daylight Forensic And Advisory and from Kroll Associates, two New York City firms, were never given the opportunity to present their credentials or pitch their services. Instead, some 150 or so individuals, many of them police officers from other towns and counties, several of them including former Chief Longworth of Dobbs Ferry and current Greenburgh Chief
Kapica, aligned with Police Chief Hall through the New York State Association of Chiefs of Police, came out to lend their voices in opposition to any possible investigation into misconduct by such notables as Captain Anthony Marraccini and Officers Richard Light
and Ed Lucas, as well as Chief Hall.
Ironically, one of the cases in Federal Court, brought by several members of the Harrison PBA, involves allegations that Chief Hall intercepted and misappropriated a $2500 check sent as proceeds from a fundraiser to the PBA, forged the payee by changing the face of the check, and then converted the proceeds by depositing the check into the account of the very same New York State Association of Chiefs of Police, 15 of whose members were at the meeting.
There were other interesting ironies as well; Albert J. Pirro, Jr., convicted Federal felon, tax cheat, and notorious “fix-it man”, acting as counsel to Chief Hall, attempting to lecture Supervisor Walsh about “wasting taxpayers’ money and making a mockery of the Town.”
Most hilarious was Pirro’s assertion that Chief Hall was so certain that there has been no wrongdoing in his Department that, “He welcomes
a full investiga-tion by the Department of Justice.” Of course, Al knows all about those; and his client is, no doubt, a little late extending
the welcome mat to the FBI.
The Guardian has been closely monitoring events in Harrison for the better part of two years, reporting one Federal lawsuit after another, involving a small clique of high-ranking police of-ficers who repeatedly engage in conduct that violates the civil rights of civilians as well as rank and file members of the Harrison Police Department. We will continue to watch developments very closely as the effort to rid the Town of corruption and tyranny goes forward.
Thursday, June 5, 2008
Janet Difiore.
Thursday, June 5, 2008
The Advocate
Richard Blassberg
Harrison Police Chief Fiddles, Hopes
Supervisor Walsh Dances To His Tune
She's Calling For An Independent Investigation
Last Wednesday afternoon, May 28, The Guardian received word from Harrison residents that there was apparently a press conference
about to be conducted at Police Headquarters because they had seen several network broadcast vans and television cameras being
set up there. The Guardian quickly responded and arrived at precisely 1:00pm to discover the camera crews taking down their tripods, and reporters lining up outside the entrance to Headquarters in order to enter individually for “one-on-one interviews” as insisted upon by Police Chief David Hall. We took a place in line, permitting a few reporters who came after us, who were under tighter deadlines, to go ahead. One of Hall’s staff persons controlled the door, identifying and permitting one reporter at a time, with camera person, to enter.
At 1:40pm, with only RNN, who had just arrived, behind us, we were motioned in. At 1:23pm, as we were waiting, Supervisor Joan
Walsh and an unidentified assistant had arrived in a large white SUV. Entering the lobby while Hall was being interviewed, she emerged within two minutes and took off.
As we entered the lobby, Police Chief Hall, appearing somewhat agitated, displayed the 9mm Glock hand gun, in a transparent evidence
bag, that had been confiscated in a raid on the Joseph Porto family home, together with a quantity of marijuana, for which Joseph Porto,
Jr., is currently serving eight months in the Westchester County Jail.
Asked what it was that he wished to say, the Chief first said, “There’s nothing to say.” But then, he quickly remarked, “He’s reached the bottom of the barrel; Mr. Lovett is totally wrong. It was a legally warranted raid.”
Hall apparently preferred to discuss the warranted purpose of the raid, claiming that Captain Marraccini and Officers Light and Lucas had done nothing wrong in his view, and that there was “no reason to bring them up on any charges.”
Given several other actions currently pending in Federal Court against Captain Marraccini, including the brutal beating of John Carollo, a 21-year old Town employee, outside Al Dente Bar and Restaurant on Halstead Avenue, in the pouring rain on April 12, at 1:30am by Marraccini and his brother-in law, Robert Luiso, Chief Hall would seem beleagured and unwilling to face and deal with reality; the mounting charges against certain members of his department.
However, Hall has been all too willing to lodge retaliatory charges against rank and file police officers, the former President of the Harrison
PBA, Ralph Tancredi, and PBA members who have been compelled to go to Federal Court because of District Attorney Janet DiFiore’s
unwillingness to investigate documented criminal actions, and civil rights violations engaged in by Chief Hall and Captain Marraccini.
Because of published reports that Harrison Town Supervisor Joan Walsh had attempted to hold an emergency Town Board meeting last Wednesday evening, and her statement to The Journal News, “We just can’t ignore this,” referring to mounting allegations and lawsuits
against the Harrison Police Department, The Guardian attempted to speak with her and grant her the opportunity to inform readers of
her present intentions, particularly in light of the reported failure of the three Republican majority members of the Town Board to meet or
even to acknowledge or contact her. However, three messages left with her assistant went unanswered.
The Advocate
Richard Blassberg
Harrison Police Chief Fiddles, Hopes
Supervisor Walsh Dances To His Tune
She's Calling For An Independent Investigation
Last Wednesday afternoon, May 28, The Guardian received word from Harrison residents that there was apparently a press conference
about to be conducted at Police Headquarters because they had seen several network broadcast vans and television cameras being
set up there. The Guardian quickly responded and arrived at precisely 1:00pm to discover the camera crews taking down their tripods, and reporters lining up outside the entrance to Headquarters in order to enter individually for “one-on-one interviews” as insisted upon by Police Chief David Hall. We took a place in line, permitting a few reporters who came after us, who were under tighter deadlines, to go ahead. One of Hall’s staff persons controlled the door, identifying and permitting one reporter at a time, with camera person, to enter.
At 1:40pm, with only RNN, who had just arrived, behind us, we were motioned in. At 1:23pm, as we were waiting, Supervisor Joan
Walsh and an unidentified assistant had arrived in a large white SUV. Entering the lobby while Hall was being interviewed, she emerged within two minutes and took off.
As we entered the lobby, Police Chief Hall, appearing somewhat agitated, displayed the 9mm Glock hand gun, in a transparent evidence
bag, that had been confiscated in a raid on the Joseph Porto family home, together with a quantity of marijuana, for which Joseph Porto,
Jr., is currently serving eight months in the Westchester County Jail.
Asked what it was that he wished to say, the Chief first said, “There’s nothing to say.” But then, he quickly remarked, “He’s reached the bottom of the barrel; Mr. Lovett is totally wrong. It was a legally warranted raid.”
Hall apparently preferred to discuss the warranted purpose of the raid, claiming that Captain Marraccini and Officers Light and Lucas had done nothing wrong in his view, and that there was “no reason to bring them up on any charges.”
Given several other actions currently pending in Federal Court against Captain Marraccini, including the brutal beating of John Carollo, a 21-year old Town employee, outside Al Dente Bar and Restaurant on Halstead Avenue, in the pouring rain on April 12, at 1:30am by Marraccini and his brother-in law, Robert Luiso, Chief Hall would seem beleagured and unwilling to face and deal with reality; the mounting charges against certain members of his department.
However, Hall has been all too willing to lodge retaliatory charges against rank and file police officers, the former President of the Harrison
PBA, Ralph Tancredi, and PBA members who have been compelled to go to Federal Court because of District Attorney Janet DiFiore’s
unwillingness to investigate documented criminal actions, and civil rights violations engaged in by Chief Hall and Captain Marraccini.
Because of published reports that Harrison Town Supervisor Joan Walsh had attempted to hold an emergency Town Board meeting last Wednesday evening, and her statement to The Journal News, “We just can’t ignore this,” referring to mounting allegations and lawsuits
against the Harrison Police Department, The Guardian attempted to speak with her and grant her the opportunity to inform readers of
her present intentions, particularly in light of the reported failure of the three Republican majority members of the Town Board to meet or
even to acknowledge or contact her. However, three messages left with her assistant went unanswered.
Thursday, September 20, 2007
Retaliatory Harassment By Hall And Marracccini Continues Against PBA President Officer Tancredi
Friday night, September 7th the Westchester Guardian was present at Harrison Town Police Headquarters
when Police Officer Ralph Tancredi, accompanied by P.B.A. Attorneys Gustavo L. Vila, and Gregory Kuczinski, emerged following a late-night arraignment before Town Justice Mark Lust. Tancredi’s appearance was in response to the latest in a series of harassments totally unrelated to his performance as a Harrison
Police Officer.
Questioned, following the arraignment, Attorney Vila told the Guardian that the information regarding two misdemeanors, Petty Larceny, and third Degree Menacing, as well as Second Degree Harassment, a violation, was essentially hearsay. Chief David Hall and Captain Anthony Marraccini, and officers compelled to do their
bidding, have been retaliating against Officer Tancredi using a 25-year-old female acquaintance, with immigration issues, in an all-out retaliatory e- ort against him because of actions by his union membership in United States District Court brought on by the installation of audio and video recording devices in the locker room at Harrison Police Headquarters, as well as the the by taking and fraud of a $2,500 donation to the union by Chief Hall.
Tancredi was additionally charged with Criminal Contempt allegedly having violated a Temporary Order of Protection, issued in connection with a separate matter in which Tancredi, in his civilian capacity, was actually threatened by a companion of the same young woman, from whom a sawedoff bat had to be taken by a responding Harrison Police Officer. The alleged violations involve communication with the young woman by
Officer Tancredi’s wife, as well as his mother, each of whom have independent relationships with her, and neither of whom were ever specifically prohibited from communicating with her.
A number of Harrison Police O cers have expressed their gratitude to the Guardian for exposing the wrongdoings and anti-union activities of Chief Hall and Captain Marraccini. One officer explained, “If not for your newspaper, they would pick us off one at a time.”
Friday night, September 7th the Westchester Guardian was present at Harrison Town Police Headquarters
when Police Officer Ralph Tancredi, accompanied by P.B.A. Attorneys Gustavo L. Vila, and Gregory Kuczinski, emerged following a late-night arraignment before Town Justice Mark Lust. Tancredi’s appearance was in response to the latest in a series of harassments totally unrelated to his performance as a Harrison
Police Officer.
Questioned, following the arraignment, Attorney Vila told the Guardian that the information regarding two misdemeanors, Petty Larceny, and third Degree Menacing, as well as Second Degree Harassment, a violation, was essentially hearsay. Chief David Hall and Captain Anthony Marraccini, and officers compelled to do their
bidding, have been retaliating against Officer Tancredi using a 25-year-old female acquaintance, with immigration issues, in an all-out retaliatory e- ort against him because of actions by his union membership in United States District Court brought on by the installation of audio and video recording devices in the locker room at Harrison Police Headquarters, as well as the the by taking and fraud of a $2,500 donation to the union by Chief Hall.
Tancredi was additionally charged with Criminal Contempt allegedly having violated a Temporary Order of Protection, issued in connection with a separate matter in which Tancredi, in his civilian capacity, was actually threatened by a companion of the same young woman, from whom a sawedoff bat had to be taken by a responding Harrison Police Officer. The alleged violations involve communication with the young woman by
Officer Tancredi’s wife, as well as his mother, each of whom have independent relationships with her, and neither of whom were ever specifically prohibited from communicating with her.
A number of Harrison Police O cers have expressed their gratitude to the Guardian for exposing the wrongdoings and anti-union activities of Chief Hall and Captain Marraccini. One officer explained, “If not for your newspaper, they would pick us off one at a time.”
Thursday, April 19, 2007
Court Report:
Harrison Police Officers File Complaint In Federal Court
Against Chief David Hall And Lt. Lawrence Marshall
Officers Allege Forgery, Theft, and Civil Rights Violations
Editor’s Note:
The complaint reproduced, in part, below, filed two weeks ago in United States Federal District Court, White Plains, in charging Town of Harrison Police Chief David Hall and Lieutenant Lawrence Marshall, specifies both
criminal offenses, and violation of the Civil Rights of the Plaintiff Police Officers, under color of law. The action is being brought in Federal Court because the Plaintiffs do not believe they can obtain justice in State Court.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-----------------------------------------------------------x
WILLIAM C. DUFFELMEYER, MICHAEL
WALTHER, STEVEN HEISLER, JEFF NARDI,
STEPHEN M. CARPINIELLO, EDWARD 07 Civ. ( )
ARCE, RALPH TANCREDI, PETER
DeVITTORIO, MICHAEL MARINELLI,
and ARTHUR MARINELLI,
Plaintiffs, COMPLAINT
-against-
LAWRENCE MARSHALL, individually,
DAVID HALL, individually, and Jury Trial Demanded
the TOWN/VILLAGE OF HARRISON,
New York,
Defendants.
----------------------------------------------------------x
Plaintiffs WILLIAM C. DUFFELMEYER, MICHAEL WALTHER,
STEVEN HEISLER, JEFF NARDI, STEPHEN M. CARPINIELLO,
EDWARD ARCE, RALPH TANCREDI, PETER DeVITTORIO,
MICHAEL MARINELLI, and ARTHUR MARINELLI by their attorneys
Lovett & Gould, LLP, for their complaint respectfully state:
NATURE OF THE ACTION
1. This is an action for compensatory and punitive damages, resulting
from jointly engaged-in conduct of Defendants taken while acting
under color of the laws of the State of New York, proximately resulting of
violations of Plaintiff ’s rights as guaranteed by the First Amendment to
the United States Constitution, 42 U.S.C. §1983.
JURISDICTION
2. The Court’s jurisdiction is invoked pursuant to 28 U.S.C. §§1331,
1343.
THE PARTIES
3. Plaintiffs WILLIAM C. DUFFELMEYER, MICHAEL WALTHER,
STEVEN HEISLER, JEFF NARDI, STEPHEN M. CARPINIELLO,
EDWARD ARCE, RALPH TANCREDI, PETER DeVITTORIO,
MICHAEL MARINELLI, and ARTHUR MARINELLI are citizens of the
United States, domiciliaries of the State of New York, and residents of the
Northern Counties. Each of the Plaintiffs is employed as a sworn member
of the police department of the Defendant Town/Village of Harrison.
4. Defendant LAWRENCE MARSHALL (hereinafter “Marshall”), who
is sued in his individual and personal capacities only, at all times relevant
to this complaint was employed as a Lieutenant in the police department
of the said Town/Village.
5. Defendant DAVID HALL (hereinafter “Hall”), who is sued in
his individual and personal capacities only, at all times relevant to this
complaint was employed as the Chief of Police of the Defendant Town/
Village.
6. Defendant TOWN/VILLAGE OF HARRISON, New York
(hereinafter “Town”), is a municipal corporate subdivision of the State
of New York duly existing by reason of and pursuant to the laws of said
State.
THE FACTS
7. By correspondence dated March 28, 2007, Plaintiffs Duffelmeyer,
Heisler, Carpiniello, Tancredi, Walther, Arce, and DeVittorio advised the
members of the Town’s Board of Police Commissioner and Police Captain
Anthony Marraccini in pertinent respect:
“This letter is to inform you of a disturbing set of circumstances
that may constitute the possible commission of a crime..
Editor’s Note:
The complaint reproduced, in part, below, filed two weeks ago in United
States Federal District Court, White Plains, in charging Town of Harrison
Police Chief David Hall and Lieutenant Lawrence Marshall, specifies both
criminal offenses, and violation of the Civil Rights of the Plaintiff Police
Officers, under color of law. The action is being brought in Federal Court
because the Plaintiffs do not believe they can obtain justice in State Court.
Harrison Police Officers File Complaint In Federal Court
Against Chief David Hall And Lt. Lawrence Marshall
Officers Allege Forgery, Theft, and Civil Rights Violations
In January, 2007, [PBA] President Tancredi was conducting a
customary examination of the many donations the Harrison Police
Association receives during the Christmas holiday season. Pursuant to
his examination, President Tancredi noticed that Brae Burn Country
Club, as well as other donors, had not sent their customary annual
donation. He inquired with the administration at Brae Burn CC as to
whether they had sent or were going to send their annual donation for
2006. The administration said that they had made a donation of $2,500.00
and that the check was personally picked up by Chief Hall at Brae
Burn CC. The Brae Burn CC administration said that they would look
into the matter and get back to President Tancredi. President Tancredi
and other members of the [PBA’S] executive board were contacted a
short time later and the Brae Burn CC administration was disturbed
to find out that the check had been altered and the funds had been
deposited in the New York State Chiefs of Police Association account
(Chief Hall was the President of the Chiefs Association at the time).
The Brae Burn administration was very clear with President
Tancredi that the check was made out to the Harrison Police
Association and was intended to be a charitable donation to the
Harrison Police Association (see enclosed copy of check). Brae
Burn said they received a receipt (see enclosed copy) for an
advertisement in the Chiefs of Police Association Journal a short
time after Chief Hall picked up the check, but apparently Chief
Hall never discussed the advertisement with the Brae Burn
charitable donation committee and Brae Burn did not authorize
anyone to cross out Harrison in the payee line and replace it with
Chiefs. They also said they were very surprised when they saw that
the funds had gone to the Chiefs of Police Association and not the
Harrison Police Association.
President Tancredi, under his belief that a mistake had been
made, discussed the matter with the Association’s executive board
and some other members of the Association. Vice President
Michael Walther subsequently asked Chief Hall if he had any
checks or donations that were intended for the Harrison Police
Association. The hope was that a mistake had been made. In the past,
some donations that were intended for the Association had been
mistakenly deposited into the Town of Harrison accounts and
reimbursements by the Town were made to the Association when
the errors were made apparent. Chief Hall, however, informed
Vice President Walther that he did not have any checks or any
funds that were intended for the Association.
. . .[T]he [PBA] members concluded that it was possible that the
Brae Burn donation check may have been intentionally altered and
redirected into the Chiefs of Police account. As this would
constitute a criminal act, it [is] the understanding of the members of
the Association with knowledge of this possible crime that we have
an obligation to report the incident to the Harrison Police
Department. . .We respectfully request that you investigate this
matter on our behalf. . .It is also our understanding that if we are
not comfortable or disagree with the results of your investigation,
we reserve the right as potential crime victims to pursue the matter
with another law enforcement agency.”
Annexed to the complaint and made and part hereof are copies of the
referenced correspondence and enclosures.
8. Within a matter of hours of the delivery of the correspondence
referenced in the preceding paragraph “7”, Hall directed Marshall and
others in the administration of the Police Department to investigate
the PBA members’ complaint - - not with a view towards ascertaining
if a crime had indeed been committed, but rather with the self-serving
objective of covering-up that crime and silencing the Plaintiffs.
9. In that connection Marshall personally advised the Plaintiffs or
virtually all of the Plaintiffs that they were ordered to silence and were
henceforth forbidden to communicate with any other law enforcement
agencies and/or members of the Harrison Police Department and/or
members of the Harrison Police Association with respect to their factbased
beliefs that Hall had forged the subject check, been in criminal
possession of that forged instrument, and intentionally stole on behalf of
his Chiefs Association moneys he knew were intended for the Harrison
Police Association.
10. With respect to the “gag” order imposed by Marshall for Hall,
Marshall informed Plaintiffs that the issue of Hall’s apparent commission
of several felonies was being referred to the so-called Public Integrity
Bureau of the Westchester County District Attorney’s Office -----.
11. Each of the Plaintiffs is aware of Marshall’s order, Marshall
and Hall’s threat of retaliatory disciplinary action in the event of noncompliance,
and the self-evident cover-up presently underway to insulate
Hall from criminal prosecution.
12. As a proximate result each of the Plaintiffs has been chilled in the
prospective exercise of his rights of association, speech and to petition
government for the redress of grievance. None will risk the threat of a
disciplinary prosecution with the prospect of an indefinite suspension
without pay. None will report to any other law enforcement agency the
apparent crimes as committed by Hall. None will discuss the matter
further.
13. By reason of Defendants’ conduct each of the Plaintiffs has been
caused: emotional upset; anxiety; violations of their First Amendment
protected rights; humiliation; embarrassment; shame and has otherwise
been rendered sick and sore.
AS AND FOR A CLAIM
13. Repeat and reallege as if fully set forth the allegations of fact
contained in paragraphs “1” to “`12”, inclusive.
14. Under the premises Defendants’ conduct violated Plaintiffs’
rights as guaranteed by the First Amendment to the United States
Constitution, 42 U.S.C. §1983.
WHEREFORE a judgment is respectfully demanded:
a. Awarding against the individually named Defendants
such punitive damages as the jury may impose,
b. Awarding against all Defendants such compensatory
damages as the jury may determine,
c. Awarding reasonable attorney’s fees and costs, and,
d. Granting such other and further relief as to the Court
seems just and proper.
Dated: White Plains, N.Y.
April 6, 2007
LOVETT & GOULD, LLP
By:____________________
Jonathan Lovett (4854)
Attorneys for Plaintiffs
222 Bloomingdale Road
White Plains, N.Y. 10605
Harrison Police Officers File Complaint In Federal Court
Against Chief David Hall And Lt. Lawrence Marshall
Officers Allege Forgery, Theft, and Civil Rights Violations
Editor’s Note:
The complaint reproduced, in part, below, filed two weeks ago in United States Federal District Court, White Plains, in charging Town of Harrison Police Chief David Hall and Lieutenant Lawrence Marshall, specifies both
criminal offenses, and violation of the Civil Rights of the Plaintiff Police Officers, under color of law. The action is being brought in Federal Court because the Plaintiffs do not believe they can obtain justice in State Court.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-----------------------------------------------------------x
WILLIAM C. DUFFELMEYER, MICHAEL
WALTHER, STEVEN HEISLER, JEFF NARDI,
STEPHEN M. CARPINIELLO, EDWARD 07 Civ. ( )
ARCE, RALPH TANCREDI, PETER
DeVITTORIO, MICHAEL MARINELLI,
and ARTHUR MARINELLI,
Plaintiffs, COMPLAINT
-against-
LAWRENCE MARSHALL, individually,
DAVID HALL, individually, and Jury Trial Demanded
the TOWN/VILLAGE OF HARRISON,
New York,
Defendants.
----------------------------------------------------------x
Plaintiffs WILLIAM C. DUFFELMEYER, MICHAEL WALTHER,
STEVEN HEISLER, JEFF NARDI, STEPHEN M. CARPINIELLO,
EDWARD ARCE, RALPH TANCREDI, PETER DeVITTORIO,
MICHAEL MARINELLI, and ARTHUR MARINELLI by their attorneys
Lovett & Gould, LLP, for their complaint respectfully state:
NATURE OF THE ACTION
1. This is an action for compensatory and punitive damages, resulting
from jointly engaged-in conduct of Defendants taken while acting
under color of the laws of the State of New York, proximately resulting of
violations of Plaintiff ’s rights as guaranteed by the First Amendment to
the United States Constitution, 42 U.S.C. §1983.
JURISDICTION
2. The Court’s jurisdiction is invoked pursuant to 28 U.S.C. §§1331,
1343.
THE PARTIES
3. Plaintiffs WILLIAM C. DUFFELMEYER, MICHAEL WALTHER,
STEVEN HEISLER, JEFF NARDI, STEPHEN M. CARPINIELLO,
EDWARD ARCE, RALPH TANCREDI, PETER DeVITTORIO,
MICHAEL MARINELLI, and ARTHUR MARINELLI are citizens of the
United States, domiciliaries of the State of New York, and residents of the
Northern Counties. Each of the Plaintiffs is employed as a sworn member
of the police department of the Defendant Town/Village of Harrison.
4. Defendant LAWRENCE MARSHALL (hereinafter “Marshall”), who
is sued in his individual and personal capacities only, at all times relevant
to this complaint was employed as a Lieutenant in the police department
of the said Town/Village.
5. Defendant DAVID HALL (hereinafter “Hall”), who is sued in
his individual and personal capacities only, at all times relevant to this
complaint was employed as the Chief of Police of the Defendant Town/
Village.
6. Defendant TOWN/VILLAGE OF HARRISON, New York
(hereinafter “Town”), is a municipal corporate subdivision of the State
of New York duly existing by reason of and pursuant to the laws of said
State.
THE FACTS
7. By correspondence dated March 28, 2007, Plaintiffs Duffelmeyer,
Heisler, Carpiniello, Tancredi, Walther, Arce, and DeVittorio advised the
members of the Town’s Board of Police Commissioner and Police Captain
Anthony Marraccini in pertinent respect:
“This letter is to inform you of a disturbing set of circumstances
that may constitute the possible commission of a crime..
Editor’s Note:
The complaint reproduced, in part, below, filed two weeks ago in United
States Federal District Court, White Plains, in charging Town of Harrison
Police Chief David Hall and Lieutenant Lawrence Marshall, specifies both
criminal offenses, and violation of the Civil Rights of the Plaintiff Police
Officers, under color of law. The action is being brought in Federal Court
because the Plaintiffs do not believe they can obtain justice in State Court.
Harrison Police Officers File Complaint In Federal Court
Against Chief David Hall And Lt. Lawrence Marshall
Officers Allege Forgery, Theft, and Civil Rights Violations
In January, 2007, [PBA] President Tancredi was conducting a
customary examination of the many donations the Harrison Police
Association receives during the Christmas holiday season. Pursuant to
his examination, President Tancredi noticed that Brae Burn Country
Club, as well as other donors, had not sent their customary annual
donation. He inquired with the administration at Brae Burn CC as to
whether they had sent or were going to send their annual donation for
2006. The administration said that they had made a donation of $2,500.00
and that the check was personally picked up by Chief Hall at Brae
Burn CC. The Brae Burn CC administration said that they would look
into the matter and get back to President Tancredi. President Tancredi
and other members of the [PBA’S] executive board were contacted a
short time later and the Brae Burn CC administration was disturbed
to find out that the check had been altered and the funds had been
deposited in the New York State Chiefs of Police Association account
(Chief Hall was the President of the Chiefs Association at the time).
The Brae Burn administration was very clear with President
Tancredi that the check was made out to the Harrison Police
Association and was intended to be a charitable donation to the
Harrison Police Association (see enclosed copy of check). Brae
Burn said they received a receipt (see enclosed copy) for an
advertisement in the Chiefs of Police Association Journal a short
time after Chief Hall picked up the check, but apparently Chief
Hall never discussed the advertisement with the Brae Burn
charitable donation committee and Brae Burn did not authorize
anyone to cross out Harrison in the payee line and replace it with
Chiefs. They also said they were very surprised when they saw that
the funds had gone to the Chiefs of Police Association and not the
Harrison Police Association.
President Tancredi, under his belief that a mistake had been
made, discussed the matter with the Association’s executive board
and some other members of the Association. Vice President
Michael Walther subsequently asked Chief Hall if he had any
checks or donations that were intended for the Harrison Police
Association. The hope was that a mistake had been made. In the past,
some donations that were intended for the Association had been
mistakenly deposited into the Town of Harrison accounts and
reimbursements by the Town were made to the Association when
the errors were made apparent. Chief Hall, however, informed
Vice President Walther that he did not have any checks or any
funds that were intended for the Association.
. . .[T]he [PBA] members concluded that it was possible that the
Brae Burn donation check may have been intentionally altered and
redirected into the Chiefs of Police account. As this would
constitute a criminal act, it [is] the understanding of the members of
the Association with knowledge of this possible crime that we have
an obligation to report the incident to the Harrison Police
Department. . .We respectfully request that you investigate this
matter on our behalf. . .It is also our understanding that if we are
not comfortable or disagree with the results of your investigation,
we reserve the right as potential crime victims to pursue the matter
with another law enforcement agency.”
Annexed to the complaint and made and part hereof are copies of the
referenced correspondence and enclosures.
8. Within a matter of hours of the delivery of the correspondence
referenced in the preceding paragraph “7”, Hall directed Marshall and
others in the administration of the Police Department to investigate
the PBA members’ complaint - - not with a view towards ascertaining
if a crime had indeed been committed, but rather with the self-serving
objective of covering-up that crime and silencing the Plaintiffs.
9. In that connection Marshall personally advised the Plaintiffs or
virtually all of the Plaintiffs that they were ordered to silence and were
henceforth forbidden to communicate with any other law enforcement
agencies and/or members of the Harrison Police Department and/or
members of the Harrison Police Association with respect to their factbased
beliefs that Hall had forged the subject check, been in criminal
possession of that forged instrument, and intentionally stole on behalf of
his Chiefs Association moneys he knew were intended for the Harrison
Police Association.
10. With respect to the “gag” order imposed by Marshall for Hall,
Marshall informed Plaintiffs that the issue of Hall’s apparent commission
of several felonies was being referred to the so-called Public Integrity
Bureau of the Westchester County District Attorney’s Office -----.
11. Each of the Plaintiffs is aware of Marshall’s order, Marshall
and Hall’s threat of retaliatory disciplinary action in the event of noncompliance,
and the self-evident cover-up presently underway to insulate
Hall from criminal prosecution.
12. As a proximate result each of the Plaintiffs has been chilled in the
prospective exercise of his rights of association, speech and to petition
government for the redress of grievance. None will risk the threat of a
disciplinary prosecution with the prospect of an indefinite suspension
without pay. None will report to any other law enforcement agency the
apparent crimes as committed by Hall. None will discuss the matter
further.
13. By reason of Defendants’ conduct each of the Plaintiffs has been
caused: emotional upset; anxiety; violations of their First Amendment
protected rights; humiliation; embarrassment; shame and has otherwise
been rendered sick and sore.
AS AND FOR A CLAIM
13. Repeat and reallege as if fully set forth the allegations of fact
contained in paragraphs “1” to “`12”, inclusive.
14. Under the premises Defendants’ conduct violated Plaintiffs’
rights as guaranteed by the First Amendment to the United States
Constitution, 42 U.S.C. §1983.
WHEREFORE a judgment is respectfully demanded:
a. Awarding against the individually named Defendants
such punitive damages as the jury may impose,
b. Awarding against all Defendants such compensatory
damages as the jury may determine,
c. Awarding reasonable attorney’s fees and costs, and,
d. Granting such other and further relief as to the Court
seems just and proper.
Dated: White Plains, N.Y.
April 6, 2007
LOVETT & GOULD, LLP
By:____________________
Jonathan Lovett (4854)
Attorneys for Plaintiffs
222 Bloomingdale Road
White Plains, N.Y. 10605
Subscribe to:
Posts (Atom)
