Thursday, November 20, 2008
The Court Report
By Richard Blassberg
Difiore Punishes Victim of Yonkers Police Brutality
Rui Florim, Nearly Beaten To Death By Yonkers Police in Hartsdale,
Arraigned On Fabricated Robbery and Assault Charges
Westchester County Court, White Plains
Judge Barbara Zambelli, Presiding
Last Monday morning, November 10th, Rui Florim, accompanied by his attorney, Tony Castro, appeared in Westchester County Court before Judge Barbara Zambelli for arraignment, together with Defendants Alex Millan and Oscar Garay, accused of acting in concert, aiding and abetting each other in their alleged “intent to cause serious physical injury to another person,” by their assault on said individual, an
off -duty Yonkers police officer at a restaurant and bar near the waterfront in Yonkers in the early morning hours of May 19, 2006.
Mr. Florim is charged in only five of the seven counts contained in the indictment, including two counts of Second Degree Robbery, one count of Attempted First Degree Assault, Assault Second Degree, and Assault In the third Degree, as a Misdemeanor.
Analysis:
It should be noted that although the incident from which the indictment stems, occurred approximately two and a half years ago, Rui Florim was not indicted until very recently, following his ling of a Civil Rights lawsuit in United States District Court against the six Yonkers police
officers who, in civilian clothing, followed him from his place of employment, in Hartsdale, in unmarked Yonkers police cars, unlawfully stopping him, and his companion, forcibly removing him and falsely imprisoning him as they mercilessly beat him nearly to death.
While it is obvious that bringing the indictment against Florim was clearly a retaliatory act, one must not lose sight of the fact that the Westchester District Attorney, once again, as in the Irma Marquez case, has made the willful decision to abuse the awesome powers of
her Office, and the civil rights of still another victim of Yonkers police brutality.
Prior to proceeding with Mr. Florim, Judge Zambelli engaged in a considerable effort to determine that Attorney George Nader, who was purporting to be representing both Oscar Garay and Alex Millan merely for the purpose of the arraignment, was, in fact, doing so only
for the limited purpose of arraignment in light of the fact that Millan and Garay were not joined in their defense and could not be represented
by a single attorney.
After inquiring, “Mr. Castro, are you ready,” and receiving an affirmative response, Zambelli proceeded to explain to Defendants Garay and Millan, individually, their “right to unfettered legal representation.”
Following Attorney Nader’s explanation that Oscar Garay would actually be represented by Attorney Joshua Martin, Zambelli proceeded to relieve Nader from Garay’s case.
Content that the representation issue between Garay and Millan had been resolved, Zambelli next returned to Rui Florim’s arraignment, asking Tony Castro how his client would plead.
Castro responded, “I am entering a plea of Not Guilty, Your Honor. And, I am asking that the present bail be continued.” Assistant DA John Thomas, seeming to affirm Mr. Castro’s position, told the Court, “Other than two misdemeanors, Mr. Florim has no other criminal record.”
At that juncture, Judge Zambelli, who had earlier made a point of stating, that she had no prior knowledge of the case, now asked ADA Thomas, “Can you tell me why one case has been two and a half years, and the other has just come forward?”
Thomas responded that his office, only recently, developed “new evidence implicating Florim.” Tony Castro then offered, “Your Honor, my client is 25 years old. He has lived in Yonkers all his life. There have been fifty adjourned appearances and, he has made every one of them.
With that revelation, Zambelli turned to Prosecutor Thomas, asking, “Is that true Mr. Thomas?” Thomas responded, “I did say he made every appearance.” The Judge came right back with, “But you didn’t say fifty.” Zambelli then conferred with Nader, Castro and Thomas, establishing a Motion and Appearance Schedule between December 2 and February 10.
ADA Thomas then offered, “In view of the voluminous discovery material, the People are consenting to “open box” discovery. Zambelli then asked, “Is there any Order of Protection?” To which, ADA Thomas responded, “No, Your Honor.” The Judge then merely uttered a single word, “Interesting.”
Analysis:
It should be noted that a few days prior to his appearance in Judge Zambelli’s Court, Rui Florim, accompanied by his attorney, Tony Castro, had appeared in Greenburgh Town Court to answer to bogus charges of Felony Assault, allegedly by Florim, against three Yonkers police
officers, growing out of the incident in Harstdale, which actually involved six Yonkers police officers who, in fact, had handcuffed, falsely
imprisoned, and punched Rui Florim into unconsciousness as they transported him to St. Joseph’s Hospital in Yonkers.
Those false charges, again the fabricated lies of the Westchester County District Attorney’s Office, were totally dismissed as acknowledged by the signed affirmation of Assistant DA Thomas.
Showing posts with label Rui Florim. Show all posts
Showing posts with label Rui Florim. Show all posts
Thursday, November 20, 2008
Thursday, October 30, 2008
Westchester Guardian/The Court Report/Rui Florim/Janet Difiore.
Thursday, October 30, 2008
The Court Report
By Richard Blassberg
Once Again, DA DiFiore Punishes Still
Another Victim Of Yonkers Police Brutality
The Guardian, in its August 14, 2008 edition, revealed that District Attorney Janet DiFiore was proceeding to prosecute a man, Rui
Florim, who was so badly beaten by Yonkers police officers two and a half years earlier, that it required 70 stitches and staples to close
the wounds to his face and head, not to mention five days in the Intensive Care Ward at St. Joseph’s Hospital.
We pointed out the fact that she had pursued a similar mode of operation with respect to Irma Marquez, the woman who Yonkers Police Officer Wayne Simoes had nearly killed by body-slamming her on the hard tile floor of a bar and grill on Palisade Avenue in Yonkers at 1:30am after her niece, who was struck on the head by another patron, passed out on the floor, requiring emergency medical attention.
Marquez was prosecuted, but acquitted of all charges following a jury trial. It did not matter to DA DiFiore, who had been shown the security camera videotape that clearly established Marquez’ innocence and the brutal insanity of Officer Simoes’ assault on her. It did not matter to DiFiore what had actually occurred because she had a predetermined response with respect to any and all cases of police brutality involving Yonkers police officers: Cover up the misconduct, both civil and criminal, of the Yonkers Police, and, charge the innocent, brutalized civilian victim.
That Guardian report, indicating that Florim had filed a federal lawsuit against the six police officers who beat him, the Commissioner,
and the Department, was two and a half months ago. Last Tuesday, word came down that Rui Florim had been indicted. That move was
like the behavior of a jackass, both stubborn and stupid. However, we must consider the source, and the motive.
It is indisputable that Janet Di-Fiore is unfit to be District Attorney for a whole host of reasons, perhaps none more obvious, and
disabling, than her incestuous relationship with the Yonkers Police Department; the Department that openly endorsed her; the Department that sponsored the rally at the Polish Center for her; and, the Department that provided “security” for the 330 voting machines ordered
impounded for her incredibly three days before the election of 2005.
If her conduct, in case after case of Yonkers police brutality, points to some unnatural power that that police department holds
over her, it’s only because they do. And, it’s not just about her “installation” as District Attorney three years ago, but other issues involving Janet DiFiore and the City of Yonkers as well.
Why else would she spit in the face of Justice, and proceed, more than two and a half years after the incident at Tyrone House, a bar near
the waterfront in Yonkers, to bring about an indictment charging Rui Florim with First Degree Assault, Second Degree Assault, Third Degree
Assault, and Second Degree Robbery. What, other than Florim’s recent filing of charges in Federal Court, has occurred to bring about his sudden indictment on trumped up charges? Her move was clearly retaliatory; an abuse of process designed to assist the six rogue Yonkers
cops, Commissioner Hartnett, to whom she owes other favors, and Mayor Amicone, with whom she is mixed up in other misbehavior in
retaliation against the Westchester Guardian, its Publisher and its Editor-In-Chief.
It was crystal clear that DA Janet DiFiore, even after viewing the shocking Marquez videotape, had absolutely no intention of prosecuting
Yonkers Police Of-ficer Wayne Simoes. In fact, were it not for the repeated public exposure of that tape, the federal prosecutors might
not have sought and achieved the indictment they now have against him for one count of Assault in violation of Ms. Marquez’ civil rights.
One cannot dispute attorney Jonathan Lovett’s observation two months ago at the time he filed a federal suit on behalf of Mr. Florim. Lovett
declared, “The DA is affirmatively encouraging police brutality.” As if to prove her mentality, it’s not as though she affords other police departments this same kind of wrongful protection, this same kind of cover. Consider her handling of Officer George Bubaris, of the
Mount Kisco Police Department, earlier this year. She sent her assistant DAs, including James McCarty, into court, “with their tanks on empty,” believing she could convince a jury that Bubaris was responsible for the death of Rene Perez, without a shred of evidence.
Consider, too, the secretive and disrespectful handling, from the very start, of the killing of Mount Vernon Police Officer Christopher
Ridley, her total manipulation of the grand jury; refusing to let them hear what many eyewitnesses, within a few feet of the incident,
reported; leaking out information on Officer Martin, while withholding information on his three fellow County Police Officers; redacting
portions of videotapes, and not releasing any tapes to the public. And, finally, refusing to return Christopher’s clothing and personal
effects to his family.
Back on August 14th we declared that the FBI and Justice Department needed to get involved. We asked, “How many more innocent men, women, and children must suffer under this sick, unjust scheme before DA DiFiore is apprehended and removed?” It is not unreasonable
to conclude, in light of her continuing, and predictable, cover up of Yonkers Police Brutality, that she has become a menace to public safety.
Numerous other innocent individuals have had violent experiences with the Yonkers Police, over the last three years, similar to what Marquez and Florim reported, with similar, if not identical, outcomes.
It is known to The Guardian that James McCarty, one of DiFiore’s top-level assistants, has been hard at work engaged in prosecutorial
misconduct, over the last two months, since the ling of Rui Florim’s civil action in federal court, attempting to intimidate and influence witnesses, amongst other forbidden acts. It is appalling that even when “caught red-handed”, such self-serving betrayors of the Public
Trust escape, free from any consequences.
One who would enforce the law must live by it!
The Court Report
By Richard Blassberg
Once Again, DA DiFiore Punishes Still
Another Victim Of Yonkers Police Brutality
The Guardian, in its August 14, 2008 edition, revealed that District Attorney Janet DiFiore was proceeding to prosecute a man, Rui
Florim, who was so badly beaten by Yonkers police officers two and a half years earlier, that it required 70 stitches and staples to close
the wounds to his face and head, not to mention five days in the Intensive Care Ward at St. Joseph’s Hospital.
We pointed out the fact that she had pursued a similar mode of operation with respect to Irma Marquez, the woman who Yonkers Police Officer Wayne Simoes had nearly killed by body-slamming her on the hard tile floor of a bar and grill on Palisade Avenue in Yonkers at 1:30am after her niece, who was struck on the head by another patron, passed out on the floor, requiring emergency medical attention.
Marquez was prosecuted, but acquitted of all charges following a jury trial. It did not matter to DA DiFiore, who had been shown the security camera videotape that clearly established Marquez’ innocence and the brutal insanity of Officer Simoes’ assault on her. It did not matter to DiFiore what had actually occurred because she had a predetermined response with respect to any and all cases of police brutality involving Yonkers police officers: Cover up the misconduct, both civil and criminal, of the Yonkers Police, and, charge the innocent, brutalized civilian victim.
That Guardian report, indicating that Florim had filed a federal lawsuit against the six police officers who beat him, the Commissioner,
and the Department, was two and a half months ago. Last Tuesday, word came down that Rui Florim had been indicted. That move was
like the behavior of a jackass, both stubborn and stupid. However, we must consider the source, and the motive.
It is indisputable that Janet Di-Fiore is unfit to be District Attorney for a whole host of reasons, perhaps none more obvious, and
disabling, than her incestuous relationship with the Yonkers Police Department; the Department that openly endorsed her; the Department that sponsored the rally at the Polish Center for her; and, the Department that provided “security” for the 330 voting machines ordered
impounded for her incredibly three days before the election of 2005.
If her conduct, in case after case of Yonkers police brutality, points to some unnatural power that that police department holds
over her, it’s only because they do. And, it’s not just about her “installation” as District Attorney three years ago, but other issues involving Janet DiFiore and the City of Yonkers as well.
Why else would she spit in the face of Justice, and proceed, more than two and a half years after the incident at Tyrone House, a bar near
the waterfront in Yonkers, to bring about an indictment charging Rui Florim with First Degree Assault, Second Degree Assault, Third Degree
Assault, and Second Degree Robbery. What, other than Florim’s recent filing of charges in Federal Court, has occurred to bring about his sudden indictment on trumped up charges? Her move was clearly retaliatory; an abuse of process designed to assist the six rogue Yonkers
cops, Commissioner Hartnett, to whom she owes other favors, and Mayor Amicone, with whom she is mixed up in other misbehavior in
retaliation against the Westchester Guardian, its Publisher and its Editor-In-Chief.
It was crystal clear that DA Janet DiFiore, even after viewing the shocking Marquez videotape, had absolutely no intention of prosecuting
Yonkers Police Of-ficer Wayne Simoes. In fact, were it not for the repeated public exposure of that tape, the federal prosecutors might
not have sought and achieved the indictment they now have against him for one count of Assault in violation of Ms. Marquez’ civil rights.
One cannot dispute attorney Jonathan Lovett’s observation two months ago at the time he filed a federal suit on behalf of Mr. Florim. Lovett
declared, “The DA is affirmatively encouraging police brutality.” As if to prove her mentality, it’s not as though she affords other police departments this same kind of wrongful protection, this same kind of cover. Consider her handling of Officer George Bubaris, of the
Mount Kisco Police Department, earlier this year. She sent her assistant DAs, including James McCarty, into court, “with their tanks on empty,” believing she could convince a jury that Bubaris was responsible for the death of Rene Perez, without a shred of evidence.
Consider, too, the secretive and disrespectful handling, from the very start, of the killing of Mount Vernon Police Officer Christopher
Ridley, her total manipulation of the grand jury; refusing to let them hear what many eyewitnesses, within a few feet of the incident,
reported; leaking out information on Officer Martin, while withholding information on his three fellow County Police Officers; redacting
portions of videotapes, and not releasing any tapes to the public. And, finally, refusing to return Christopher’s clothing and personal
effects to his family.
Back on August 14th we declared that the FBI and Justice Department needed to get involved. We asked, “How many more innocent men, women, and children must suffer under this sick, unjust scheme before DA DiFiore is apprehended and removed?” It is not unreasonable
to conclude, in light of her continuing, and predictable, cover up of Yonkers Police Brutality, that she has become a menace to public safety.
Numerous other innocent individuals have had violent experiences with the Yonkers Police, over the last three years, similar to what Marquez and Florim reported, with similar, if not identical, outcomes.
It is known to The Guardian that James McCarty, one of DiFiore’s top-level assistants, has been hard at work engaged in prosecutorial
misconduct, over the last two months, since the ling of Rui Florim’s civil action in federal court, attempting to intimidate and influence witnesses, amongst other forbidden acts. It is appalling that even when “caught red-handed”, such self-serving betrayors of the Public
Trust escape, free from any consequences.
One who would enforce the law must live by it!
Thursday, August 14, 2008
Westchester Guardian/Janet Difiore/Rui Florim.
Thursday, August 14, 2008
The Advocate
Richard Blassberg
FBI And Justice Department
Must Act Now
Recently the Westchester Community has become painfully aware of the fact that all is not right in their District Attorney’s Office. The relationship between District Attorney Janet DiFiore and certain police departments, particularly the Harrison and Yonkers Police Departments, has led to numerous serious miscarriages of justice, and the further abuse of innocent civilian victims of police brutality and harassment, at the hands of DA DiFiore and her staff.
Until last week what appeared to be the ultimate case of prosecutorial misconduct in the handling of a victim of police brutality in Westchester was Irma Marquez, body-slammed, and nearly killed by Yonkers Police Officer Wayne Simoes; then maliciously and mindlessly
prosecuted on trumped-up, totally false, charges by DiFiore and Company.
Unbeknownst to Simoes, and several of-ficers present at the Marquez incident, the entire event was recorded by a concealed video camera, and the tape obtained by her attorneys. Incredibly, that tape was shown to Janet DiFiore, but she proceeded with the bogus prosecution
nevertheless.
DiFiore’s actions have been totally indefensible, not only in the Marquez case, but also in numerous other similar cases as well. And, until last Monday, Marquez represented, perhaps, the most appalling example of justice gone haywire, and criminal, in its application by Westchester’s District Attorney to the criminal acts of violent police officers.
Not surprisingly, Ms. Marquez was acquitted of all charges against her in May, in State Court following a jury trial, and is now suing for $11.3 million in United States District Court, represented by Attorney Gary Certain of New York City. Last Monday, however, Attorney
Jonathan Lovett of White Plains filed a lawsuit in that same Court on behalf of Rui Florim, a 26-year-old Yonkers resident, against several Yonkers police officers, Police Commissioner Hartnett, and the City of Yonkers, seeking $20 million for an unprovoked, ethnically-motivated, violation of his Constitutional rights when he was forcibly abducted in the Town of Greenburgh and repeatedly beaten
into unconsciousness by six Yonkers police officers in plain clothes, using two unmarked Yonkers police cars; a pre-planned, calculated conspiracy and criminal act.
Florim, who was dragged from a car in which he was riding home from work as a passenger in the Village of Hartsdale, was so severely injured that he required 70 stitches and staples to close the wounds to his face and head, spending five days in the intensive care unit of
St. Joseph’s Hospital, Yonkers; barred the entire time by Yonkers Police from being seen by his lawyer or by his family.
Following the filing last Monday morning, August 4, Attorney Lovett and Mr. Florim held a press conference attended by major broadcast and print media. Lovett, responding to a question about his client’s long-term injuries, told reporters, “He continues to suffer from
migraine headaches, episodes of fear and sweat, post-traumatic after-effects, and scars. But, DA DiFiore couldn’t care less.” Florim added, “There is no justice. I’ve been going through this for two and a half years, and I want to get on with my life.”
Lovett then said, “They called him a ‘spic’, apparently believing he was Latino. There was a racial angle.” He went on, “My client was
denied his right to counsel, and was a victim of a conspiracy to violate his civil rights.” Lovett declared, “The DA is affirmatively encouraging
police brutality.”
Jonathan Lovett summarized, saying, “This case is worse than the Marquez case, in a different way. This case was premeditated and calculated. First, Mr. Florim was assaulted by a goon squad that went hunting for him; and then an assault by the district attorney. She wants
to prosecute a man for being beaten.”
As in the Marquez case, and scores of instances of Yonkers police brutality, DA Janet DiFiore, and her top-level assistant, James McCarty, who is prosecuting the Florim case, are very well aware of the fact that Mr. Florim is completely innocent of the bogus charges that have
been brought against him; and that those in need of prosecution are the six Yonkers police officers who nearly killed him. Yet, DiFiore and her Office continue to move forward in co-conspiracy with the dirty cops under a criminally motivated commissioner, Edmund Hartnett, caught up in an incestuously driven relationship.
The Justice Department, and the FBI, must now take a good long look, not only at the actions of DA DiFiore, and her Office, with respect to the crimes perpetrated against Irma Marquez, but also against Rui Florim, and numerous other innocent civilian victims. DiFiore’s deliberate prosecutorial misconduct, in covering up the actionable state and federal crimes by Yonkers Police, are no mere oversights or misjudgments. They are the calculated acts of a totally misguided prosecutor obligated and indebted for “installation” into her position.
What more serious betrayal can any prosecutor work against innocent citizens than wrongfully prosecuting them to cover up criminal acts of violence performed against them by those sworn to protect them? How many more Bureau Chiefs and Assistant DAs under her command, will Janet DiFiore be permitted to sacrifice and jettison for having carried out her orders before federal authorities finally place the responsibility, and the blame, squarely on her shoulders where it most certainly belongs?
How many more innocent men, women and children must suffer under this sick, unjust, scheme before DA Di-Fiore is apprehended and removed? The time for action is now.
The Advocate
Richard Blassberg
FBI And Justice Department
Must Act Now
Recently the Westchester Community has become painfully aware of the fact that all is not right in their District Attorney’s Office. The relationship between District Attorney Janet DiFiore and certain police departments, particularly the Harrison and Yonkers Police Departments, has led to numerous serious miscarriages of justice, and the further abuse of innocent civilian victims of police brutality and harassment, at the hands of DA DiFiore and her staff.
Until last week what appeared to be the ultimate case of prosecutorial misconduct in the handling of a victim of police brutality in Westchester was Irma Marquez, body-slammed, and nearly killed by Yonkers Police Officer Wayne Simoes; then maliciously and mindlessly
prosecuted on trumped-up, totally false, charges by DiFiore and Company.
Unbeknownst to Simoes, and several of-ficers present at the Marquez incident, the entire event was recorded by a concealed video camera, and the tape obtained by her attorneys. Incredibly, that tape was shown to Janet DiFiore, but she proceeded with the bogus prosecution
nevertheless.
DiFiore’s actions have been totally indefensible, not only in the Marquez case, but also in numerous other similar cases as well. And, until last Monday, Marquez represented, perhaps, the most appalling example of justice gone haywire, and criminal, in its application by Westchester’s District Attorney to the criminal acts of violent police officers.
Not surprisingly, Ms. Marquez was acquitted of all charges against her in May, in State Court following a jury trial, and is now suing for $11.3 million in United States District Court, represented by Attorney Gary Certain of New York City. Last Monday, however, Attorney
Jonathan Lovett of White Plains filed a lawsuit in that same Court on behalf of Rui Florim, a 26-year-old Yonkers resident, against several Yonkers police officers, Police Commissioner Hartnett, and the City of Yonkers, seeking $20 million for an unprovoked, ethnically-motivated, violation of his Constitutional rights when he was forcibly abducted in the Town of Greenburgh and repeatedly beaten
into unconsciousness by six Yonkers police officers in plain clothes, using two unmarked Yonkers police cars; a pre-planned, calculated conspiracy and criminal act.
Florim, who was dragged from a car in which he was riding home from work as a passenger in the Village of Hartsdale, was so severely injured that he required 70 stitches and staples to close the wounds to his face and head, spending five days in the intensive care unit of
St. Joseph’s Hospital, Yonkers; barred the entire time by Yonkers Police from being seen by his lawyer or by his family.
Following the filing last Monday morning, August 4, Attorney Lovett and Mr. Florim held a press conference attended by major broadcast and print media. Lovett, responding to a question about his client’s long-term injuries, told reporters, “He continues to suffer from
migraine headaches, episodes of fear and sweat, post-traumatic after-effects, and scars. But, DA DiFiore couldn’t care less.” Florim added, “There is no justice. I’ve been going through this for two and a half years, and I want to get on with my life.”
Lovett then said, “They called him a ‘spic’, apparently believing he was Latino. There was a racial angle.” He went on, “My client was
denied his right to counsel, and was a victim of a conspiracy to violate his civil rights.” Lovett declared, “The DA is affirmatively encouraging
police brutality.”
Jonathan Lovett summarized, saying, “This case is worse than the Marquez case, in a different way. This case was premeditated and calculated. First, Mr. Florim was assaulted by a goon squad that went hunting for him; and then an assault by the district attorney. She wants
to prosecute a man for being beaten.”
As in the Marquez case, and scores of instances of Yonkers police brutality, DA Janet DiFiore, and her top-level assistant, James McCarty, who is prosecuting the Florim case, are very well aware of the fact that Mr. Florim is completely innocent of the bogus charges that have
been brought against him; and that those in need of prosecution are the six Yonkers police officers who nearly killed him. Yet, DiFiore and her Office continue to move forward in co-conspiracy with the dirty cops under a criminally motivated commissioner, Edmund Hartnett, caught up in an incestuously driven relationship.
The Justice Department, and the FBI, must now take a good long look, not only at the actions of DA DiFiore, and her Office, with respect to the crimes perpetrated against Irma Marquez, but also against Rui Florim, and numerous other innocent civilian victims. DiFiore’s deliberate prosecutorial misconduct, in covering up the actionable state and federal crimes by Yonkers Police, are no mere oversights or misjudgments. They are the calculated acts of a totally misguided prosecutor obligated and indebted for “installation” into her position.
What more serious betrayal can any prosecutor work against innocent citizens than wrongfully prosecuting them to cover up criminal acts of violence performed against them by those sworn to protect them? How many more Bureau Chiefs and Assistant DAs under her command, will Janet DiFiore be permitted to sacrifice and jettison for having carried out her orders before federal authorities finally place the responsibility, and the blame, squarely on her shoulders where it most certainly belongs?
How many more innocent men, women and children must suffer under this sick, unjust, scheme before DA Di-Fiore is apprehended and removed? The time for action is now.
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