Appellate Division Should Reverse Marty Tankleff’s Wrongful Murder Conviction
By Jeffrey Deskovic
Factual Background
On September 7, 1988, then recently turned 17-year-old Marty Tankleff woke up to discover that his mother and father had been brutally stabbed and bludgeoned. His mother was dead, while his father was unconscious but alive. Marty called 911 and gave first aid to his father. When the police arrived, Marty immediately
identi-fied the likely suspect: his father’s bagel-store partner named Steuerman, who owed his father half a million dollars, and who had recently violently threatened his parents, and who was the last guest to leave the Tankleff home the night before.
A week after the attacks, as Marty’s father lay unconscious in the hospital, that same business partner would fake his own death, disguise himself and flee to California under an alias. Despite the business partner’s motive and opportunity, to this day he has never been considered a suspect by Suffolk County authorities. Instead, the lead detective immediately took Marty to the police station and began a hostile interrogation of him that would last Appellate Division Should Reverse Marty Tankleff’s Wrongful Murder Conviction for six hours. In the course of that interrogation, the detective told three huge lies:
1) That a humidity test was performed in the shower, showing that Marty had washed blood off of himself
(in fact, there is no such test);
2) That Marty’s hair had been found in his mothers hand. (It hadn’t); and,
3) That his father regained consciousness and identified him as the murderer.
Having been brought up to trust the word of his father, and to trust the police, Marty wondered if he could
have blacked out. Only then did the detective read Marty his rights and draft a confession, which went unsigned
and immediately recanted by Marty. In fact, his father died without ever regaining consciousness. The knife that is mentioned in the false confession as having been the murder weapon did not have blood on it, but instead merely watermelon juice. Despite the absence of any physical evidence, and the questionable circumstances surrounding his “confession”, Marty was convicted and sentenced to 50 years to Life in Prison.
Evidence Of Innocence
There has been a mountain of evidence to show that Marty didn’t do it and that others did, and, in fact, others did; people who have a connection to Steuerman. There is some evidence that Steuerman contracted the killings. Certainly there is a mountain of evidence - and there has always been plenty of evidence - that Steuerman
should be investigated for the murders.
A retired New York City homicide detective, working for free for Marty, uncovered approximately two dozen witnesses who have come forward and said that the man who carried out the murder had admitted to committing the crime, including details of the getaway driver. A pipe was located at the place that driver admitted that it would be.
Corruption and Conflicts Of Interest
At the time of the Tankleff murders, Suffolk County law enforcement was under investigation for corruption
by the State Investigation Commission, including problems with coerced confessions. The investigation was ordered by Governor Mario Cuomo. The SIC’s scathing report included a finding that the detective who interrogated Marty had perjured himself in a previous murder case. Current Suffolk County District Attorney Thomas Spota represented that detective in those hearings, as well as Steuerman’s son on charges of selling cocaine. Spota’s law partner had previously represented Steuerman.
Among the new evidence revealed at the hearing was eyewitness testimony that the business partner had been well acquainted with the lead detective since before the Tankleff murders. This contradicted the trial testimony of the detective, who had been off-duty on the morning of the Tankleff murders but arrived 19 minutes after the early morning call, and who ignored the business partner as a suspect.
Marty’s Appeal Issues
The main issue that Marty raises on appeal is his innocence based on the newly discovered evidence. The
district attorney’s challenges to this are that none of the new witnesses are believable, because of their criminal backgrounds. However, as the Appellate Division Judges pointed out, these types of witnesses have often been used by district attorneys. Much of the argument centered around procedural issues surrounding whether the judges should even consider the merits of this issue. Another important issue included a request for DNA testing.
The last issue, whether the facts of this case support a charge of Depraved Indifference Murder - which is a theory that a defendant acts in reckless manner indifferent to human life as opposed to intentional murder, which is a deliberate act - is a side issue.
Bludgeoning and stabbing are deliberate acts, not reckless ones, so Mr. Tankleff should not have been charged under a depraved mind murder theory. The problem is, that while the practice of charging defendants in murder cases with both Intentional and Depraved Mind Murder has been corrected for future cases, courts have declined to apply the protection to defendants who have already been convicted.
In my view this is grossly unfair because if there is enough of a concern in regard to fairness to prevent it from happening to other people, then the unfairness should not be allowed to go on and affect those defendants who have already been wrongly convicted.
I do not believe that everybody so convicted should automatically be released. However, they certainly are entitled to a new trial. Nevertheless, such is not the current state of the law, and so it is almost impossible
that Marty’s case will be decided based on this issue.
Friend of Court Briefs Filed on Behalf of Marty
A Friend Of The Court Brief is a legal document which is filed by a party other than people who are directly
involved in the litigation, but who believe that the court’s decision may affect its interest. The following Friend Of
The Court Briefs have been filed:
1) Thirty-one Former Prosecutors and U.S. Attorneys;
2) The Innocence Project;
3) The National Association of Criminal Defense Lawyers;
4) False confession Exonerees Gary Gauger, Peter Reilly, Beverly Monroe, and Michael Crowe;
5) The Innocence Network (made up of over 30 innocence project type organizations);
6) Over 50 Former Classmates of Marty Tankleff.
False confession experts Saul Kassin, Richard Ofshe, Richard Leo, and Steve Drizin have all either testified
for Marty or have spoken out publicly on the case.
Many experts whose work revolves around wrongful convictions in one way or another have made powerful statements supportive of Marty at various times. I will review a few of them:
a) The author of the book Prosecutorial Misconduct, a frequent media commentator, Pace University Law Professor Bennett Gershman said “There is a mountain of new evidence, certainly enough to grant a new trial.”
b) Barry Scheck, co-founder of The Innocence Project, which filed a Friend Of The Court Brief, said “We’ve taken the unusual step of writing a letter along with our motion because the facts of this case are so strong, and because the lower court ruling that denied Martin Tankleff a new trial was so misguided and troubling.”
c) Retired New York Supreme Court Justice Herbert Posner said, “I never saw a similar case where a defendant was so obviously innocent.”
d) Steve Drizin, Legal Director of The Center on Wrongful Convictions, said, “The man with the most to gain from the death of Marty’s parents changes identities and flies to California; that should not have been dismissed.”
e) Saul Kassin, False Confession Expert, upon hearing of Marty’s being denied in a previous legal proceeding,
said, “How tragic; what a scandalous breach of common sense. I am so sorry for Marty, his supporters,
and the millions of us who are so deeply offended by injustice.”
f) The National Association of Criminal Defense Lawyers called the issues raised in the appeal “unusual,
such that they are of state and even national importance.”
Conclusion
Marty Tankleff is demonstrably innocent. If, with all of this evidence of innocence he does not deserve a new trial, it is hard to imagine who does. It is infinitely more difficult to establish innocence through means other than DNA, and yet Marty’s supporters have done it. I cannot believe that 26 witnesses would all falsely come forward to try to clear Marty, as they have over the years.
Sure, there are some nut cases out there who will do anything for publicity, but not this many. The clincher for me was the finding of the pipe in the place where the getaway driver said that it would be. I find that the conflict of interest between Spota and the players in this case is outrageous, and that Spota should have recused himself.
His refusal to do that, or take the evidence of Marty’s innocence seriously, and his unreasonable single-rackminded opposition to Marty every step of the way, through every proceeding, no matter what evidence
Marty finds or what issue he raises, creates legitimate questions of the propriety of his office and the possibility
of corruption.
The FBI, Justice Department, and The Attorney General’s office should investigate this issue, along with the issue of who killed the Tankleffs, rather than allowing an innocent man to remain in prison wrongfully and corruption to go on in the open, unafraid of the Rule Of Law. Surely my own case illustrates that. There were many similarities
between the circumstances of Marty’s confession and mine: We were both young; I was 16, Marty was 17.
Clearly the police took advantage of our youth and naiveté. We were both questioned for long hours. We
were both allowed to waive and be deceived about our rights and to speak without the presence of an
attorney. We were both lied to as tactics designed to bring about confessions. And then, the police lied to
everybody about what took place. Marty was lied to about three major aspects, and I was lied to about countless things. The physical evidence did not match the “confessions”.
Importantly, neither of the confessions was tape-recorded. Lastly, evidence which did not fit but conclusively proved innocence, was withheld or improperly manipulated against each of us. We both have DNA issues in our cases. We were both wrongfully convicted of depraved indifference murder, and sadly, procedural roadblocks
were erected as barriers to trying to establish innocence. Almost two decades of misconduct and inaction by the DA’s office, Jeanine Pirro’s office preventing me from proving my innocence; while for Marty it is the prosecutor urging that the Court does not have the legal authority to look at Marty’s issues of innocence.
Based on all of the above, I felt compelled to attend the Appellate Division hearing on behalf of Marty
Tankleff, to lend whatever moral support that I might, and hopefully to be a visual reminder to the judges
about the problem of wrongful convictions, false confessions, and just how far justice can go awry when Appellate Courts “rubber-stamp deny” defendants’ appeals. Although, in general, the many lessons that my
wrongful conviction and those of the 23 exonerees in New York and 208 country-wide, have not as yet
been learned and reforms to protect the innocent acknowledged, adopted, and enacted; still I hope that in
this instance the same mistakes and oversights will not occur yet again.
I know what it is like to have all of one’s appeals wrongfully turned down, and to remain incarcerated wrongfully for years. I pray that yet another of Marty Tankleff’s appeals doesn’t end up that way; and that no more precious years of life which can never be given back, are taken from him by continuing wrongful incarceration.
Thursday, December 13, 2007
Catherine Wilson, Bureau Chief
Northern Westchester
Community Responds to Symbols of Ethnic Intolerance
An incident among several students at Hendrick Hudson High School on November 21 is believed to have led to a cross-burning on the lawn of one of those students later that day. The seriousness of these incidents led to an immediate response from the school district, local religious leaders, and town officials in an attempt to address
the community’s concerns.
The Town of Cortlandt, the Hendrick Hudson School District, and the Peekskill Area Pastor’s Association
held a public forum within days of the incidents. Hendrick Hudson Diversity Consultant, Dr. James Child, together with school administrators, spent their thanksgiving weekend with a regional crisis team from area schools to address appropriate responses to the issue.
By the following Monday, according to Hendrick Hudson spokesperson Tito Davila, “student forums were organized to hear the students’ concerns and to help school administrators understand how the incident
could have happened.”
According to Mr. Davila, grassroots efforts in 2005 from teachers, Community Responds to Symbols of Ethnic Intolerance parents, and community members had already led to the development of a strategic plan for the school district to promote diversity and understanding.
As part of that plan, the district hired Dr. Child and sponsored events in each of the five local schools stressing
cultural and ethnic diversity and tolerance. According to Mr. Davila, the school district strategy states that its mission is “To embrace the diversity of our community and our world.” And, that each of the district’s schools have a diversity committee to enable that strategy.
But despite the presence of such efforts and an established “Student Code of Conduct”, the school superintendent, Dr. Daniel McCann, in a press release addressing the thanksgiving-eve incident, noted that, “ The district still needs to enhance our respect and tolerance program and help our students and our community cope and understand these incidents and their possible consequences.”
Both Dr. McCann and Dr. Child as well as Hendrick Hudson Principal, James Mackin, and School Board President, Bruce Toll, attended the Town Board hearing in Cortlandt the following week to hear the community’s views and concerns.
Mr. Davila stated “It was good to hear directly from the people.” Dr. Richard Becker, a councilman-elect for the Town of Cortlandt Town Board, and a town resident for more than twenty-five years, echoed Mr. Davila’s sentiments. Dr. Becker believes that the town forum revealed that the cross-burning, while the most extreme example discussed, was not representative of an isolated incident of intolerance, but served to uncover a “major issue” of “covert racism” in the community.
Dr. Becker, as well as the town supervisor and current members of the town board, the Peekskill Area Pastor’s Association, and the New York State Police, listened November 29th as members of the community spoke of covert and blatant problems with bigotry and intolerance in their midst. Town leaders listened to examples of intolerance towards the African-American community as well as other minorities and homosexuals, along with
issues of anti-Semitism, and other religious bigotry. Reverend Adolphus Lacey, President of the Pastor’s
Association, stated that the problem was “felt by both long-term residents and new arrivals alike”.
Given the seriousness of the cross-burning incident, and the extent of the problem as perceived by the community, the Town Board decided to hire a diversity consultant and to form a “diversity committee”
with town, school, religious, and community members to address this issue head-on. Dr. Becker confirmed
that the next meeting of the Town Board (Tuesday, December 11th, at Cortlandt Town Hall) would discuss
hiring the consultant, identifying issues as well as the needs of the community and what barriers specific
groups face, in addition to public education, and how best to partner with the schools to provide the community
with a unified response.
Like many Westchester communities, the Town of Cortlandt is comprised of incorporated villages, Croton-on-Hudson and Buchanan and hamlets, Montrose, Crugers, and Verplank. According to the United States Census Bureau, these districts are predominately Causcasian – almost 94% of the population in some areas, exceeding the breakdown in both New York State (74%) and the U.S. (80%). Rev. Lacey notes “It is hard to be diversified in a homogeneous society.” Many of the people who live in Cortlandt also work in Cortlandt. He believes the concerns of the community could be helped through more diversity in the leadership positions in both town and school administrations to reflect the ethnic makeup of the town.
Chief among Rev. Lacey’s concerns is the act of cross-burning itself. The Westchester District Attorney’s
office has a Bias Crime Unit designed to handle such cases.
D.A.’s office handles approximately 100 reported bias crimes each year but notes “Every case is different”.
However, a spokesperson for the D.A.’s Bias Crime Unit felt that many such incidents are based on
ignorance and anger – individuals provoked into “trying to get a rise out of the other party.” Rev. Lacey
disagrees. He believes that the perpetrators of such crimes are aware of the historical significance of their actions;
that a burning cross was used to “signify a warning to a black man” who “touched” a white woman. The
D.A.’s Office noted, however, that the architects of some bias crimes are actually members of the very ethnic
groups who were the traditional victims of their acts (Swastikas sprayed by Jewish perpetrators).
While neither the town nor the school district has established a set deadline for their efforts, the Pastor’s Association is already planning a “Day of Celebration” for next month, appropriately scheduled for Martin Luther King Jr. Day on January 21, 2008.
President of the association, Rev. Lacey believes that the religious community should be the model for tolerance and that by worshipping together, the local religious leaders can “show the community how to demystify
diversification”.
The Pastor’s Association is planning on including leaders of all local religious groups to participate in their celebration to be held in the Peekskill High School auditorium.
The goal of the Day of Celebration, in the words of Rev. Lacey, is to “put the community together.” Lacey hopes that by “facing the harsh realities” of the problem head on, the community can solve it, together.
Northern Westchester Round-Up
Buchanan:
New York State Attorney General Andrew Cuomo voiced his opposition to the Nuclear Regulatory Commission’s relicensing of Indian Point. The county executive, Andrew Spano, announced his decision
to boycott future Indian Point emergency drills.
Ossining:
The Village Board held a public hearing to discuss the 2008 budget. The proposed budget is $26 million, an increase of almost $2 million resulting in a 5.9% tax hike for residents. The Teatown Lake Reservation
has been awarded a $29,000 state Environmental Protection Fund for trails and signs.
Somers:
Following an inspection by the state Department of Transportation, the Wood Street Bridge has been closed. The foundation and reinforcements have been eroded causing engineers to fear a failure of the bridge in a storm.
Yorktown:
The Democratic Committee Chair, Joe Apicella, was found guilty of unfair campaign practices by the Westchester County Fair Campaign Practices Committee for allegations and characterizations
made in his campaign Fliers.
– Catherine Wilson
Northern Westchester
Community Responds to Symbols of Ethnic Intolerance
An incident among several students at Hendrick Hudson High School on November 21 is believed to have led to a cross-burning on the lawn of one of those students later that day. The seriousness of these incidents led to an immediate response from the school district, local religious leaders, and town officials in an attempt to address
the community’s concerns.
The Town of Cortlandt, the Hendrick Hudson School District, and the Peekskill Area Pastor’s Association
held a public forum within days of the incidents. Hendrick Hudson Diversity Consultant, Dr. James Child, together with school administrators, spent their thanksgiving weekend with a regional crisis team from area schools to address appropriate responses to the issue.
By the following Monday, according to Hendrick Hudson spokesperson Tito Davila, “student forums were organized to hear the students’ concerns and to help school administrators understand how the incident
could have happened.”
According to Mr. Davila, grassroots efforts in 2005 from teachers, Community Responds to Symbols of Ethnic Intolerance parents, and community members had already led to the development of a strategic plan for the school district to promote diversity and understanding.
As part of that plan, the district hired Dr. Child and sponsored events in each of the five local schools stressing
cultural and ethnic diversity and tolerance. According to Mr. Davila, the school district strategy states that its mission is “To embrace the diversity of our community and our world.” And, that each of the district’s schools have a diversity committee to enable that strategy.
But despite the presence of such efforts and an established “Student Code of Conduct”, the school superintendent, Dr. Daniel McCann, in a press release addressing the thanksgiving-eve incident, noted that, “ The district still needs to enhance our respect and tolerance program and help our students and our community cope and understand these incidents and their possible consequences.”
Both Dr. McCann and Dr. Child as well as Hendrick Hudson Principal, James Mackin, and School Board President, Bruce Toll, attended the Town Board hearing in Cortlandt the following week to hear the community’s views and concerns.
Mr. Davila stated “It was good to hear directly from the people.” Dr. Richard Becker, a councilman-elect for the Town of Cortlandt Town Board, and a town resident for more than twenty-five years, echoed Mr. Davila’s sentiments. Dr. Becker believes that the town forum revealed that the cross-burning, while the most extreme example discussed, was not representative of an isolated incident of intolerance, but served to uncover a “major issue” of “covert racism” in the community.
Dr. Becker, as well as the town supervisor and current members of the town board, the Peekskill Area Pastor’s Association, and the New York State Police, listened November 29th as members of the community spoke of covert and blatant problems with bigotry and intolerance in their midst. Town leaders listened to examples of intolerance towards the African-American community as well as other minorities and homosexuals, along with
issues of anti-Semitism, and other religious bigotry. Reverend Adolphus Lacey, President of the Pastor’s
Association, stated that the problem was “felt by both long-term residents and new arrivals alike”.
Given the seriousness of the cross-burning incident, and the extent of the problem as perceived by the community, the Town Board decided to hire a diversity consultant and to form a “diversity committee”
with town, school, religious, and community members to address this issue head-on. Dr. Becker confirmed
that the next meeting of the Town Board (Tuesday, December 11th, at Cortlandt Town Hall) would discuss
hiring the consultant, identifying issues as well as the needs of the community and what barriers specific
groups face, in addition to public education, and how best to partner with the schools to provide the community
with a unified response.
Like many Westchester communities, the Town of Cortlandt is comprised of incorporated villages, Croton-on-Hudson and Buchanan and hamlets, Montrose, Crugers, and Verplank. According to the United States Census Bureau, these districts are predominately Causcasian – almost 94% of the population in some areas, exceeding the breakdown in both New York State (74%) and the U.S. (80%). Rev. Lacey notes “It is hard to be diversified in a homogeneous society.” Many of the people who live in Cortlandt also work in Cortlandt. He believes the concerns of the community could be helped through more diversity in the leadership positions in both town and school administrations to reflect the ethnic makeup of the town.
Chief among Rev. Lacey’s concerns is the act of cross-burning itself. The Westchester District Attorney’s
office has a Bias Crime Unit designed to handle such cases.
D.A.’s office handles approximately 100 reported bias crimes each year but notes “Every case is different”.
However, a spokesperson for the D.A.’s Bias Crime Unit felt that many such incidents are based on
ignorance and anger – individuals provoked into “trying to get a rise out of the other party.” Rev. Lacey
disagrees. He believes that the perpetrators of such crimes are aware of the historical significance of their actions;
that a burning cross was used to “signify a warning to a black man” who “touched” a white woman. The
D.A.’s Office noted, however, that the architects of some bias crimes are actually members of the very ethnic
groups who were the traditional victims of their acts (Swastikas sprayed by Jewish perpetrators).
While neither the town nor the school district has established a set deadline for their efforts, the Pastor’s Association is already planning a “Day of Celebration” for next month, appropriately scheduled for Martin Luther King Jr. Day on January 21, 2008.
President of the association, Rev. Lacey believes that the religious community should be the model for tolerance and that by worshipping together, the local religious leaders can “show the community how to demystify
diversification”.
The Pastor’s Association is planning on including leaders of all local religious groups to participate in their celebration to be held in the Peekskill High School auditorium.
The goal of the Day of Celebration, in the words of Rev. Lacey, is to “put the community together.” Lacey hopes that by “facing the harsh realities” of the problem head on, the community can solve it, together.
Northern Westchester Round-Up
Buchanan:
New York State Attorney General Andrew Cuomo voiced his opposition to the Nuclear Regulatory Commission’s relicensing of Indian Point. The county executive, Andrew Spano, announced his decision
to boycott future Indian Point emergency drills.
Ossining:
The Village Board held a public hearing to discuss the 2008 budget. The proposed budget is $26 million, an increase of almost $2 million resulting in a 5.9% tax hike for residents. The Teatown Lake Reservation
has been awarded a $29,000 state Environmental Protection Fund for trails and signs.
Somers:
Following an inspection by the state Department of Transportation, the Wood Street Bridge has been closed. The foundation and reinforcements have been eroded causing engineers to fear a failure of the bridge in a storm.
Yorktown:
The Democratic Committee Chair, Joe Apicella, was found guilty of unfair campaign practices by the Westchester County Fair Campaign Practices Committee for allegations and characterizations
made in his campaign Fliers.
– Catherine Wilson
Our Readers Respond...
Support For Richard DiGuglielmo From Former Fellow Officer
Dear Editor:
As a former New York City police detective, I find your unwavering support of New York City Transit Police Officer Richard DiGuglielmo to be admirable. I have read every copy of your newspaper. Your journalistic
integrity, though very raw at times, is both refreshing and vital in exposing the spider web of corruption that has existed in Westchester for decades.
As a Conservative, I find that I agree more than I disagree with your somewhat Liberal-leaning paper because you speak the truth. The fact that you will support “Richie” while exposing real police brutality and corruption,
as well as political corruption, is a testament to your Pace University law degree.
While other so-called journalists, like Jeanine Rose, Geraldo Rivera and Sean Hannity, pay homage to Jeanine Pirro, you recognize her for the criminal she truly is.
I had the honor and privilege to work with Police Officer Richard DiGuglielmo during the 1980s while we were both New York City Transit Police Officers in the South Bronx.
Richie had come to my aid several times when I called 10-13’s (emergency backup), and so now I am coming to his aid. My last memory of working with Richie was being assigned to the Longwood Avenue subway station in the heart of the old 41st Precinct (Fort Apache).
The black female token booth clerk had recently been raped and we were on the lookout for the possible perpetrator. We were both horrified because we both knew this woman as we worked very closely with New York City Transit Authority employees daily.
New York City was a very different place back in the bad old days. On hot summer nights the sound of gunfire echoed all night off the East River between Harlem and the South Bronx.
And, I have actually seen co-workers who were Vietnam Vets, have “flashbacks”. Richie and I worked in a world very few suburban cops have ever seen. We were hired in the 1980s by Mayor Ed Koch and charged with “taking back the subways.”
Over the years, as a New York City cop and detective, I have seen a number of co-workers go to prison
for a variety of charges. The difference between them and Richard DiGuglielmo is that they were all guilty.
Jeanine Pirro turned Richie’s case into a Spike Lee-version of reality in order to get votes. The truth about Pirro is now coming to light. In Richie’s case she cleverly turned a violent, convicted felon into a hero and a hero cop into a convicted felon.
Pirro had the help of Dobbs Ferry Police Chief, George Longworth, and his so-called detectives as they excluded the NYPD from the investigation.
Now we find that witnesses were coerced and that this case was all a fraud. I find Longworth just as culpable
as Pirro because he is an attorney as well. Whether it was cowardice, or personal ambition, that drove Longworth, remains to be seen.
A Former New York City Detective and Westchester Guardian Fan
Saving Taxpayers Tons of Money
To the Editor:
Westchester County, towns, villages, fire districts and school districts should consider implementing and improving on an initiative that was started by the Texas State Comptroller’s Office that could curb government spending. The suggestion: To establish an on-line WHERE THE MONEY GOES database. Residents would be able to receive maximum information as to how every penny of their tax dollars is spent if this initiative is implemented.
This tool, which was featured in Governing Magazine, lets users search state expenditures by agency, payee, spending category and purchasing classification, and gives transaction details that include amounts and dates, name of the agency making the payment and name of the payee. The database is automatically updated at the end of every day, and also features best practices for government purchases, a glossary of terms and a spotlight
on government savings. The site encourages visitors to submit best practices, and hopes the transparency will lead to new efforts to curb spending and improve government efficiency. Texas’ site joins similar efforts in Kansas, Minnesota, Oklahoma, Hawaii and Missouri, from Governing Magazine.
I hope to initiate a similar online WHERE THE MONEY GOES database in 2008. I urge County Executive
Andrew Spano to do the same.
If every employee, department head, elected official knew that their expenditures will be monitored - people
might think twice before spending our tax dollars. This is one initiative that could save tons of money.
Paul Feiner,
Greenburgh Town Supervisor
Reader Enjoys Guardian, But...
Dear Editor:
I enjoy reading your newspaper. However, I cannot believe that you believe you provide unbiased reporting. The amount of editorializing Blassberg interjects into his pieces goes way beyond unbiased reporting. Then again, I can’t say it’s not accurate.
Phil
Dear Phil,
Mr. Blassberg’s column, The Advocate, is by definition an opinionated, factually-based (as you’ve
discovered), weekly piece specifi-cally intended to motivate readers to demand more truthfulness and
productivity from government and the courts at every level.
On the other hand, The Court Report is a weekly feature which strives to bring readers into the courtroom by way of detailed, quoted dialogue. However, whenever opinion accompanies those reports, he is careful to label such material as “Analysis”.
We are happy that you enjoy The Guardian and we appreciate your constructive criticism.
-Ed.
U.S. Attorney Garcia’s Mixed Message
More than a year and a half ago, on May 12, 2006, to be precise, Michael J. Garcia, United States Attorney for the Southern District of New York, together with Mark J. Mershon, Assistant Director In Charge Of the FBI’s New York Field Office, issued a joint press release announcing: “The Federal Government Is Stepping Up Efforts To Investigate And Prosecute Public Corruption In Westchester, Putnam, Dutchess, Orange and Sullivan Counties.” Mr. Garcia and Mr. Mershon took the occasion to announce, “The creation of a Corruption Hotline, 1-877-ENDGRAFT (1-877-363-4723) through which members of the public can call and report potential abuses of the public trust by public officials.”
We, at The Westchester Guardian, know only too well that the hotline has been heavily subscribed here in Westchester.
Numerous readers continue to inform us of their contact with federal agents, sometimes only after repeated
attempts to get through, and finally speak with someone. The clear impression is that the response has been so heavy that FBI and other federal investigators have, in many instances, been disappointingly slow to get back to callers and, in some instances, have failed to give adequate, or any, follow-up attention to requested information.
At the same time, there has been a growing doubt, and increasing expressions of distrust from the public in recent
months, as little, if any, concrete activity; indictments, prosecutions have occurred of public figures in Westchester; individuals whose corruption and lack of trustworthiness continue to be exposed by dedicated attorneys and journalists daily. We, for our part, have taken the position, to those who express their discouragement with the perceived lack of results over the past 19 months, that a broad net has likely been cast, given the pervasiveness of the corruption, not only in County and local government agencies throughout Westchester, but also, and perhaps more signifi-cantly, in the State Courts, and that a thorough investigation requires time and diligence.
Given the above-described circumstances, we are particularly concerned by an article that appeared recently in
The Rivertowns Enterprise newspaper, reporting the appearance of Michael J. Garcia, United States Attorney, at the celebration held in honor of retired Dobbs Ferry Police Chief George Longworth. Any number of readers have contacted The Guardian, questioning why the United States Attorney would lend his apparent support to individuals such as former Chief Longworth, and certain members of the Department, not to mention several Assistant District Attorneys whose prosecutorial misconduct has increasingly, over the past five years, become known to the Federal Courts and the public at large.
Surely Mr. Garcia must recognize the chilling effect that word of his socializing with some of the very individuals in County Government and law enforcement who have been, and continue to be, the subject of reports to the Hotline from injured and aggrieved citizens, will have on future cooperation. At the very least, he must recognize the ‘mixed message’ such apparent endorsements send to decent, law-abiding, citizens, particularly those who have come forward in the belief that the FBI and the US Attorney were finally going to clean up “The Mess In Westchester.”
We prefer to keep the faith, reasoning that it’s unlikely that Mr. Garcia is totally unaware of the prosecutorial misconduct of some of the individuals present at the gathering; for example, Clement Patti, former Assistant District Attorney, who, knowing Nick Djonovic was the killer of Louis Balancio Jr. in February of 1994, nevertheless, even after strong contraindications from the US Attorney’s office, continued to engage in prosecutorial misconduct, in the prosecution and conviction of an innocent man, Anthony DiSimone, merely to enable the fulfillment of Mrs. Pirro’s “13-Year Lie”.
Robert Neary, reportedly also at the gathering, a former ADA under Pirro who not once, but three times, has been forced upon the Westchester Community as a “Judge by Appointment”, despite twice being rejected at the polls. Mr. Neary was the ADA who maliciously prosecuted Matthew McKerrick, a New Rochelle Police Officer, who Neary knew, full well, was asleep during the Robbery and Assault for which he was tried and convicted. Mr. Neary, we might remind our readers, was also the ADA under Carl Vergari, back in 1989, who advised then-Lieutenant Detective Eugene Tumolo, of the Peekskill Police Department, that it was okay to resume his unlawful interrogation tactics against 16-yearold Jeffrey Deskovic, despite the fact that Miranda Attorney Rights had attached. That advice immediately, and directly, resulted in a forced false confession and subsequent conviction of an innocent boy who Tumolo and the DA’s Office knew, for many months prior to trial, was innocent by reason of DNA and hair follicle mismatches.
And, of course, ADA Patricia Murphy was at Longworth’s party. After all, she was the central figure, as has become increasingly more obvious over the past several weeks, in the promotion of the “Big Lie”, the subornation of perjury, the witness tampering, that sent New York City Transit Police Officer Richard DiGuglielmo to prison for saving his father’s life, merely because Jeanine Pirro saw the tragic event as another prosecution of political opportunity.
We prefer to believe that Mr. Garcia is not intending to let the People of Westchester down; not intending to shine only the front of the shoe and neglect the back. Furthermore, We do not believe that having called upon honest, decent citizens to come forward with information, and, having received much more than anticipated, he is the least bit intimidated by the enormity of the network of public corruption here in Westchester. Despite what might appear to many as the sending of a mixed message, We would prefer that Mr. Garcia and his staff do it right rather than fast.
Support For Richard DiGuglielmo From Former Fellow Officer
Dear Editor:
As a former New York City police detective, I find your unwavering support of New York City Transit Police Officer Richard DiGuglielmo to be admirable. I have read every copy of your newspaper. Your journalistic
integrity, though very raw at times, is both refreshing and vital in exposing the spider web of corruption that has existed in Westchester for decades.
As a Conservative, I find that I agree more than I disagree with your somewhat Liberal-leaning paper because you speak the truth. The fact that you will support “Richie” while exposing real police brutality and corruption,
as well as political corruption, is a testament to your Pace University law degree.
While other so-called journalists, like Jeanine Rose, Geraldo Rivera and Sean Hannity, pay homage to Jeanine Pirro, you recognize her for the criminal she truly is.
I had the honor and privilege to work with Police Officer Richard DiGuglielmo during the 1980s while we were both New York City Transit Police Officers in the South Bronx.
Richie had come to my aid several times when I called 10-13’s (emergency backup), and so now I am coming to his aid. My last memory of working with Richie was being assigned to the Longwood Avenue subway station in the heart of the old 41st Precinct (Fort Apache).
The black female token booth clerk had recently been raped and we were on the lookout for the possible perpetrator. We were both horrified because we both knew this woman as we worked very closely with New York City Transit Authority employees daily.
New York City was a very different place back in the bad old days. On hot summer nights the sound of gunfire echoed all night off the East River between Harlem and the South Bronx.
And, I have actually seen co-workers who were Vietnam Vets, have “flashbacks”. Richie and I worked in a world very few suburban cops have ever seen. We were hired in the 1980s by Mayor Ed Koch and charged with “taking back the subways.”
Over the years, as a New York City cop and detective, I have seen a number of co-workers go to prison
for a variety of charges. The difference between them and Richard DiGuglielmo is that they were all guilty.
Jeanine Pirro turned Richie’s case into a Spike Lee-version of reality in order to get votes. The truth about Pirro is now coming to light. In Richie’s case she cleverly turned a violent, convicted felon into a hero and a hero cop into a convicted felon.
Pirro had the help of Dobbs Ferry Police Chief, George Longworth, and his so-called detectives as they excluded the NYPD from the investigation.
Now we find that witnesses were coerced and that this case was all a fraud. I find Longworth just as culpable
as Pirro because he is an attorney as well. Whether it was cowardice, or personal ambition, that drove Longworth, remains to be seen.
A Former New York City Detective and Westchester Guardian Fan
Saving Taxpayers Tons of Money
To the Editor:
Westchester County, towns, villages, fire districts and school districts should consider implementing and improving on an initiative that was started by the Texas State Comptroller’s Office that could curb government spending. The suggestion: To establish an on-line WHERE THE MONEY GOES database. Residents would be able to receive maximum information as to how every penny of their tax dollars is spent if this initiative is implemented.
This tool, which was featured in Governing Magazine, lets users search state expenditures by agency, payee, spending category and purchasing classification, and gives transaction details that include amounts and dates, name of the agency making the payment and name of the payee. The database is automatically updated at the end of every day, and also features best practices for government purchases, a glossary of terms and a spotlight
on government savings. The site encourages visitors to submit best practices, and hopes the transparency will lead to new efforts to curb spending and improve government efficiency. Texas’ site joins similar efforts in Kansas, Minnesota, Oklahoma, Hawaii and Missouri, from Governing Magazine.
I hope to initiate a similar online WHERE THE MONEY GOES database in 2008. I urge County Executive
Andrew Spano to do the same.
If every employee, department head, elected official knew that their expenditures will be monitored - people
might think twice before spending our tax dollars. This is one initiative that could save tons of money.
Paul Feiner,
Greenburgh Town Supervisor
Reader Enjoys Guardian, But...
Dear Editor:
I enjoy reading your newspaper. However, I cannot believe that you believe you provide unbiased reporting. The amount of editorializing Blassberg interjects into his pieces goes way beyond unbiased reporting. Then again, I can’t say it’s not accurate.
Phil
Dear Phil,
Mr. Blassberg’s column, The Advocate, is by definition an opinionated, factually-based (as you’ve
discovered), weekly piece specifi-cally intended to motivate readers to demand more truthfulness and
productivity from government and the courts at every level.
On the other hand, The Court Report is a weekly feature which strives to bring readers into the courtroom by way of detailed, quoted dialogue. However, whenever opinion accompanies those reports, he is careful to label such material as “Analysis”.
We are happy that you enjoy The Guardian and we appreciate your constructive criticism.
-Ed.
U.S. Attorney Garcia’s Mixed Message
More than a year and a half ago, on May 12, 2006, to be precise, Michael J. Garcia, United States Attorney for the Southern District of New York, together with Mark J. Mershon, Assistant Director In Charge Of the FBI’s New York Field Office, issued a joint press release announcing: “The Federal Government Is Stepping Up Efforts To Investigate And Prosecute Public Corruption In Westchester, Putnam, Dutchess, Orange and Sullivan Counties.” Mr. Garcia and Mr. Mershon took the occasion to announce, “The creation of a Corruption Hotline, 1-877-ENDGRAFT (1-877-363-4723) through which members of the public can call and report potential abuses of the public trust by public officials.”
We, at The Westchester Guardian, know only too well that the hotline has been heavily subscribed here in Westchester.
Numerous readers continue to inform us of their contact with federal agents, sometimes only after repeated
attempts to get through, and finally speak with someone. The clear impression is that the response has been so heavy that FBI and other federal investigators have, in many instances, been disappointingly slow to get back to callers and, in some instances, have failed to give adequate, or any, follow-up attention to requested information.
At the same time, there has been a growing doubt, and increasing expressions of distrust from the public in recent
months, as little, if any, concrete activity; indictments, prosecutions have occurred of public figures in Westchester; individuals whose corruption and lack of trustworthiness continue to be exposed by dedicated attorneys and journalists daily. We, for our part, have taken the position, to those who express their discouragement with the perceived lack of results over the past 19 months, that a broad net has likely been cast, given the pervasiveness of the corruption, not only in County and local government agencies throughout Westchester, but also, and perhaps more signifi-cantly, in the State Courts, and that a thorough investigation requires time and diligence.
Given the above-described circumstances, we are particularly concerned by an article that appeared recently in
The Rivertowns Enterprise newspaper, reporting the appearance of Michael J. Garcia, United States Attorney, at the celebration held in honor of retired Dobbs Ferry Police Chief George Longworth. Any number of readers have contacted The Guardian, questioning why the United States Attorney would lend his apparent support to individuals such as former Chief Longworth, and certain members of the Department, not to mention several Assistant District Attorneys whose prosecutorial misconduct has increasingly, over the past five years, become known to the Federal Courts and the public at large.
Surely Mr. Garcia must recognize the chilling effect that word of his socializing with some of the very individuals in County Government and law enforcement who have been, and continue to be, the subject of reports to the Hotline from injured and aggrieved citizens, will have on future cooperation. At the very least, he must recognize the ‘mixed message’ such apparent endorsements send to decent, law-abiding, citizens, particularly those who have come forward in the belief that the FBI and the US Attorney were finally going to clean up “The Mess In Westchester.”
We prefer to keep the faith, reasoning that it’s unlikely that Mr. Garcia is totally unaware of the prosecutorial misconduct of some of the individuals present at the gathering; for example, Clement Patti, former Assistant District Attorney, who, knowing Nick Djonovic was the killer of Louis Balancio Jr. in February of 1994, nevertheless, even after strong contraindications from the US Attorney’s office, continued to engage in prosecutorial misconduct, in the prosecution and conviction of an innocent man, Anthony DiSimone, merely to enable the fulfillment of Mrs. Pirro’s “13-Year Lie”.
Robert Neary, reportedly also at the gathering, a former ADA under Pirro who not once, but three times, has been forced upon the Westchester Community as a “Judge by Appointment”, despite twice being rejected at the polls. Mr. Neary was the ADA who maliciously prosecuted Matthew McKerrick, a New Rochelle Police Officer, who Neary knew, full well, was asleep during the Robbery and Assault for which he was tried and convicted. Mr. Neary, we might remind our readers, was also the ADA under Carl Vergari, back in 1989, who advised then-Lieutenant Detective Eugene Tumolo, of the Peekskill Police Department, that it was okay to resume his unlawful interrogation tactics against 16-yearold Jeffrey Deskovic, despite the fact that Miranda Attorney Rights had attached. That advice immediately, and directly, resulted in a forced false confession and subsequent conviction of an innocent boy who Tumolo and the DA’s Office knew, for many months prior to trial, was innocent by reason of DNA and hair follicle mismatches.
And, of course, ADA Patricia Murphy was at Longworth’s party. After all, she was the central figure, as has become increasingly more obvious over the past several weeks, in the promotion of the “Big Lie”, the subornation of perjury, the witness tampering, that sent New York City Transit Police Officer Richard DiGuglielmo to prison for saving his father’s life, merely because Jeanine Pirro saw the tragic event as another prosecution of political opportunity.
We prefer to believe that Mr. Garcia is not intending to let the People of Westchester down; not intending to shine only the front of the shoe and neglect the back. Furthermore, We do not believe that having called upon honest, decent citizens to come forward with information, and, having received much more than anticipated, he is the least bit intimidated by the enormity of the network of public corruption here in Westchester. Despite what might appear to many as the sending of a mixed message, We would prefer that Mr. Garcia and his staff do it right rather than fast.
Janet Difiore.
The Advocate
Richard Blassberg
Eyewitness Who Refused To Lie Under Pressure Exposes District Attorney And Dobbs Ferry Police
Last Monday, December 3, James White, now residing in Florida, came forward to speak the truth about what he had witnessed on October 3, 1996 at about 5pm in the parking lot of the Venice Deli on Ashford Avenue in Dobbs Ferry. And, what he had to say put the lie to what former Westchester District Attorney Jeanine
Pirro invented, and her two obedient co-conspirators, Assistant DAs Patricia Murphy and Perry Perrone, attempted to force down every witness’ throat through the incessant harassment tactics of the Dobbs Ferry Police, including then 35-year-old Police Chief George Longworth.
On that tragic late afternoon, Charles Campbell, a White Plains sanitation worker, enraged that middle-aged Richard DiGuglielmo, proprietor of the Venice Deli, had put a ‘No Parking’ sticker on his window, the window of his latemodel Corvette, came running back from across the street, fists flying; the fists of an amateur boxer and bodybuilder. It would take the police officer son and construction worker son-in-law of the elder DiGuglielmo, as well as himself, to wrestle the out-of-control Campbell, a man with a lengthy arrest record, and a history of numerous incidents of violence, to the ground.
Having contained him, they foolishly took him at his word when he said, “Enough,” and let him up on his feet, believing the incident was over and Campbell would drive off. Instead, he went directly to the trunk of his car and retrieved a metal baseball bat. Without hesitation he began swinging very hard at the elder DiGuglielmo, who had remained momentarily outside as his son and son-in-law headed into the deli to wash up from the scuffle.
With the first two swings Campbell had broken the elder man’s hand and seriously injured his leg with blows that one witness had originally described as, “so hard you could hear them a block away.”
The bat-wielding assailant was now swinging for the father’s head when Richard DiGuglielmo, his son, a New York City Transit Police Officer, emerged from the store and fired “three rounds to center mass” as trained to do in such situations, each shot entering the body from a different point as Campbell swung.
James White told Judge Rory J. Bellantoni last Monday at the 440.10 Hearing of Richard DiGuglielmo, “There was no doubt in my mind then, and there is no question in my mind now, that those shots were fired by a son attempting to save his father’s life.”
Called to the scene, Assistant DA Patricia Murphy’s notes reveal she was not the least bit concerned with the eyewitness accounts of Jimmy White, Michael Dillon or Kevin O’Donnell, all of whom had told responding police and television news reporters that Officer DiGuglielmo’s shooting of Campbell, “was clearly in self-defense.” Within 25 minutes of her arrival, she already concluded that the shooting was Second Degree Murder.
Thus was begun another prosecution of opportunity for then-DA Jeanine Pirro. Had the bat-wielding assailant been Caucasian, Patricia Murphy might have been given different marching orders from Pirro. But, under the circumstances, Pirro wanted it to be a bias crime, irrespective of the truth. From the moment Pirro stepped into the tragedy with the foot of Patricia Murphy, the “Race Card” would be played for all it would mean to her upcoming re-election effort.
Jeanine Pirro called it a bias crime, so therefore it had to be made into a bias crime. After all, Pirro had called the Louis Balancio stabbing the work of Anthony DiSimone, despite the fact that she had a confession and a bloody leather jacket from the actual killer, Nick Djonovic, just six days after that brutal murder. But she wasn’t looking for an Albanian. Pirro needed someone whose name ended in a vowel; someone who would put to rest the notion that she could not prosecute Organized Crime.
Of course, if Jeanine Pirro said it was a bias crime, the Dobbs Ferry Police, Detectives Ellman, Gelardi, Guarnieri and Chief Longworth, would now have to convince eyewitnesses O’Donnell, Dillon and White that what they reported seeing, an off-duty Police Officer son saving his father’s life from the beating with a metal baseball bat that Charles Campbell was delivering with all of his might, didn’t really happen that way.
Now, Michael Dillon was only 20 years old and surely no match for the cunning and devisiveness that three detectives and a police chief were going to employ. They showed up at his place of employment in Mamaroneck four nights in a row to bring him back to Dobbs Ferry in a police car, like a suspect, sandwiched between two detectives in the back seat. He was grilled for hours and hours until, finally, in the wee hours of the morning of October 8, 1996, he could not take the harassment and intimidation any longer and changed his account of
what he had witnessed so that it conformed with the lie DA Pirro was demanding the Dobbs Ferry Police produce.
Kevin O’Donnell would pose a different task. He and Dillon were working together for T.C.I. of Mamaroneck, doing cable television installations for Cablevision, when they happened upon the tragic incident. O’Donnell, some 10 years or more older than Dillon, was the younger man’s supervisor. In giving his statement to Dobbs Ferry Police, shortly after the incident, he, too, like Dillon and White, stated that Officer DiGuglielmo fired at the bat-wielding assailant, Charles Campbell, “in self defense.” However, for whatever foolish reason, O’Donnell attempted to embellish his role, claiming initially that he had gotten out of the van in which he was seated with Dillon in an effort to disarm Campbell.
That unecessary embellishment, which was quickly discovered to be untrue, placed O’Donnell at the mercy of
the Dobbs Ferry Police. Additionally, O’Donnell’s wife was an officer with the Yonkers Police Department at
the time. And, the combination of those factors simplified the task of getting O’Donnell to change his original account of the incident.
Jimmy White, who testified last Monday, posed a very different problem. White was the son of a former FBI agent who, at the time of the killing, was 76 and in poor health. His father had made it clear that he did not want Jimmy, a schoolteacher at Morris High School in the Bronx, to testify. To make matters more difficult for White, he had three brothers, one of whom was also an FBI agent like their dad; another who was an Assistant District Attorney in Pirro’s office, and a third, who was then, and still is now, a police officer in the Dobbs Ferry Department.
To his credit, despite pressure from his father, as well as his brothers, not to speak with Defense lawyers, as well as the pressure of several interrogation sessions by the Dobbs Ferry Police, similar to what had been used against Dillon, Jimmy White, nevertheless, never altered his account of what he had witnessed. In giving his account last Monday before Judge Rory Bellantoni, he not only supported Dillon’s original statement to the police, but also supported Dillon’s testimony several days earlier, describing repeated interrogations for many hours by Dobbs Ferry Police, three between his so-called “first statement” of October 3, and “second statement” at one o’clock in the morning of October 8, 1996.
White’s testimony was very damaging and impeaching to the prior testimony of Detective Guarnieri and Assistant DA Patricia Murphy as well; Guarnieri, having insisted that neither Dillon, O’Donnell, nor White were ever repeatedly interrogated between their October 3 and October 8 statements. Patricia Murphy had told the Court that she did not become involved with the witnesses until October 12 and yet, Mr. White testified that on October 11 Murphy’s partner, ADA Perry Perrone, had tried repeatedly to get him to change his statement, specifically to say that he had heard racial epithets. White refused to be budged.
Truth be told, Officer Richard DiGuglielmo was not the only innocent person railroaded into prison by the Westchester DA’s Office in conspiracy with the Dobbs Ferry Police Department under Chief Longworth. Steven Nowicki, a former Dobbs Ferry teacher, is serving 16 years for an alleged sodomy of a child that never even occurred, but was the invention of the child’s mother, a woman who was upset that she couldn’t persuade Nowicki to become involved with her, despite more than 20 emails she had sent him that the Westchester
District Attorney’s Office made disappear.
Robert DeRosario, a convicted pedophile, but neither a kidnapper nor a murderer, was convicted little more than two years ago of the kidnapping and murder of Orlandito Maldonado Rosario, a 12-year-old boy whose body was found buried in a shallow grave near the Saw Mill River Parkway in Dobbs Ferry, despite the fact that more than five years of investigation produced not one shred of material evidence linking DeRosario to the crime.
DeRosario’s van, which was described differently by each of four “jailhouse snitches” as being involved in the crime, was actually off the road and out of operation at a diagnostic auto repair shop in Brooklyn for several days prior to and following the date of the victim’s death.
For 12 long years, Jeanine Pirro made up the stories as she went along. She had no difficulty getting 42 different police departments to dance to her tune. Dobbs Ferry was just one, if perhaps one of the more willing, of several departments that knowingly helped to convict and send to prison innocent people.
The present DA, having spent six years under Pirro (1994-2000), is well aware of literally scores of innocent persons, many still in prison, for crimes they did not commit. In two years in office as DA, she has shown
little willingness to undo the horrific injustice visited upon persons such as Richard DiGuglielmo, Anthony DiSimone, Steven Nowicki, Jing Kelly, Selwyn Days, Kareem Bryan, Matthew McKerrick, and the family of Robert Viscome, as well as many others. On the contrary, the prosecutorial misconduct practiced under Pirro, continues today, and the Practicioners of Injustice, whose mindless, evil conduct has caused much misery in exchange for two paychecks a month, remain in that office.
Richard Blassberg
Eyewitness Who Refused To Lie Under Pressure Exposes District Attorney And Dobbs Ferry Police
Last Monday, December 3, James White, now residing in Florida, came forward to speak the truth about what he had witnessed on October 3, 1996 at about 5pm in the parking lot of the Venice Deli on Ashford Avenue in Dobbs Ferry. And, what he had to say put the lie to what former Westchester District Attorney Jeanine
Pirro invented, and her two obedient co-conspirators, Assistant DAs Patricia Murphy and Perry Perrone, attempted to force down every witness’ throat through the incessant harassment tactics of the Dobbs Ferry Police, including then 35-year-old Police Chief George Longworth.
On that tragic late afternoon, Charles Campbell, a White Plains sanitation worker, enraged that middle-aged Richard DiGuglielmo, proprietor of the Venice Deli, had put a ‘No Parking’ sticker on his window, the window of his latemodel Corvette, came running back from across the street, fists flying; the fists of an amateur boxer and bodybuilder. It would take the police officer son and construction worker son-in-law of the elder DiGuglielmo, as well as himself, to wrestle the out-of-control Campbell, a man with a lengthy arrest record, and a history of numerous incidents of violence, to the ground.
Having contained him, they foolishly took him at his word when he said, “Enough,” and let him up on his feet, believing the incident was over and Campbell would drive off. Instead, he went directly to the trunk of his car and retrieved a metal baseball bat. Without hesitation he began swinging very hard at the elder DiGuglielmo, who had remained momentarily outside as his son and son-in-law headed into the deli to wash up from the scuffle.
With the first two swings Campbell had broken the elder man’s hand and seriously injured his leg with blows that one witness had originally described as, “so hard you could hear them a block away.”
The bat-wielding assailant was now swinging for the father’s head when Richard DiGuglielmo, his son, a New York City Transit Police Officer, emerged from the store and fired “three rounds to center mass” as trained to do in such situations, each shot entering the body from a different point as Campbell swung.
James White told Judge Rory J. Bellantoni last Monday at the 440.10 Hearing of Richard DiGuglielmo, “There was no doubt in my mind then, and there is no question in my mind now, that those shots were fired by a son attempting to save his father’s life.”
Called to the scene, Assistant DA Patricia Murphy’s notes reveal she was not the least bit concerned with the eyewitness accounts of Jimmy White, Michael Dillon or Kevin O’Donnell, all of whom had told responding police and television news reporters that Officer DiGuglielmo’s shooting of Campbell, “was clearly in self-defense.” Within 25 minutes of her arrival, she already concluded that the shooting was Second Degree Murder.
Thus was begun another prosecution of opportunity for then-DA Jeanine Pirro. Had the bat-wielding assailant been Caucasian, Patricia Murphy might have been given different marching orders from Pirro. But, under the circumstances, Pirro wanted it to be a bias crime, irrespective of the truth. From the moment Pirro stepped into the tragedy with the foot of Patricia Murphy, the “Race Card” would be played for all it would mean to her upcoming re-election effort.
Jeanine Pirro called it a bias crime, so therefore it had to be made into a bias crime. After all, Pirro had called the Louis Balancio stabbing the work of Anthony DiSimone, despite the fact that she had a confession and a bloody leather jacket from the actual killer, Nick Djonovic, just six days after that brutal murder. But she wasn’t looking for an Albanian. Pirro needed someone whose name ended in a vowel; someone who would put to rest the notion that she could not prosecute Organized Crime.
Of course, if Jeanine Pirro said it was a bias crime, the Dobbs Ferry Police, Detectives Ellman, Gelardi, Guarnieri and Chief Longworth, would now have to convince eyewitnesses O’Donnell, Dillon and White that what they reported seeing, an off-duty Police Officer son saving his father’s life from the beating with a metal baseball bat that Charles Campbell was delivering with all of his might, didn’t really happen that way.
Now, Michael Dillon was only 20 years old and surely no match for the cunning and devisiveness that three detectives and a police chief were going to employ. They showed up at his place of employment in Mamaroneck four nights in a row to bring him back to Dobbs Ferry in a police car, like a suspect, sandwiched between two detectives in the back seat. He was grilled for hours and hours until, finally, in the wee hours of the morning of October 8, 1996, he could not take the harassment and intimidation any longer and changed his account of
what he had witnessed so that it conformed with the lie DA Pirro was demanding the Dobbs Ferry Police produce.
Kevin O’Donnell would pose a different task. He and Dillon were working together for T.C.I. of Mamaroneck, doing cable television installations for Cablevision, when they happened upon the tragic incident. O’Donnell, some 10 years or more older than Dillon, was the younger man’s supervisor. In giving his statement to Dobbs Ferry Police, shortly after the incident, he, too, like Dillon and White, stated that Officer DiGuglielmo fired at the bat-wielding assailant, Charles Campbell, “in self defense.” However, for whatever foolish reason, O’Donnell attempted to embellish his role, claiming initially that he had gotten out of the van in which he was seated with Dillon in an effort to disarm Campbell.
That unecessary embellishment, which was quickly discovered to be untrue, placed O’Donnell at the mercy of
the Dobbs Ferry Police. Additionally, O’Donnell’s wife was an officer with the Yonkers Police Department at
the time. And, the combination of those factors simplified the task of getting O’Donnell to change his original account of the incident.
Jimmy White, who testified last Monday, posed a very different problem. White was the son of a former FBI agent who, at the time of the killing, was 76 and in poor health. His father had made it clear that he did not want Jimmy, a schoolteacher at Morris High School in the Bronx, to testify. To make matters more difficult for White, he had three brothers, one of whom was also an FBI agent like their dad; another who was an Assistant District Attorney in Pirro’s office, and a third, who was then, and still is now, a police officer in the Dobbs Ferry Department.
To his credit, despite pressure from his father, as well as his brothers, not to speak with Defense lawyers, as well as the pressure of several interrogation sessions by the Dobbs Ferry Police, similar to what had been used against Dillon, Jimmy White, nevertheless, never altered his account of what he had witnessed. In giving his account last Monday before Judge Rory Bellantoni, he not only supported Dillon’s original statement to the police, but also supported Dillon’s testimony several days earlier, describing repeated interrogations for many hours by Dobbs Ferry Police, three between his so-called “first statement” of October 3, and “second statement” at one o’clock in the morning of October 8, 1996.
White’s testimony was very damaging and impeaching to the prior testimony of Detective Guarnieri and Assistant DA Patricia Murphy as well; Guarnieri, having insisted that neither Dillon, O’Donnell, nor White were ever repeatedly interrogated between their October 3 and October 8 statements. Patricia Murphy had told the Court that she did not become involved with the witnesses until October 12 and yet, Mr. White testified that on October 11 Murphy’s partner, ADA Perry Perrone, had tried repeatedly to get him to change his statement, specifically to say that he had heard racial epithets. White refused to be budged.
Truth be told, Officer Richard DiGuglielmo was not the only innocent person railroaded into prison by the Westchester DA’s Office in conspiracy with the Dobbs Ferry Police Department under Chief Longworth. Steven Nowicki, a former Dobbs Ferry teacher, is serving 16 years for an alleged sodomy of a child that never even occurred, but was the invention of the child’s mother, a woman who was upset that she couldn’t persuade Nowicki to become involved with her, despite more than 20 emails she had sent him that the Westchester
District Attorney’s Office made disappear.
Robert DeRosario, a convicted pedophile, but neither a kidnapper nor a murderer, was convicted little more than two years ago of the kidnapping and murder of Orlandito Maldonado Rosario, a 12-year-old boy whose body was found buried in a shallow grave near the Saw Mill River Parkway in Dobbs Ferry, despite the fact that more than five years of investigation produced not one shred of material evidence linking DeRosario to the crime.
DeRosario’s van, which was described differently by each of four “jailhouse snitches” as being involved in the crime, was actually off the road and out of operation at a diagnostic auto repair shop in Brooklyn for several days prior to and following the date of the victim’s death.
For 12 long years, Jeanine Pirro made up the stories as she went along. She had no difficulty getting 42 different police departments to dance to her tune. Dobbs Ferry was just one, if perhaps one of the more willing, of several departments that knowingly helped to convict and send to prison innocent people.
The present DA, having spent six years under Pirro (1994-2000), is well aware of literally scores of innocent persons, many still in prison, for crimes they did not commit. In two years in office as DA, she has shown
little willingness to undo the horrific injustice visited upon persons such as Richard DiGuglielmo, Anthony DiSimone, Steven Nowicki, Jing Kelly, Selwyn Days, Kareem Bryan, Matthew McKerrick, and the family of Robert Viscome, as well as many others. On the contrary, the prosecutorial misconduct practiced under Pirro, continues today, and the Practicioners of Injustice, whose mindless, evil conduct has caused much misery in exchange for two paychecks a month, remain in that office.
Janet Difiore.
The Court Report
By Richard Blassberg
Citizen Sherry Bobrowski Hauls City Of Yonkers And Westchester DA’s Office Into Federal Court
United States District Court
300 Quarropas Street, White Plains
Judge Stephen C. Robinson Presiding
After allegedly suffering at the hands of the Yonkers Police Department, Yonkers Corporate Counsel, and the Westchester District Attorney’s Office, getting kicked out of her own home, yet being compelled to pay the mortgage and the taxes, while being rendered virtually homeless, Sherry Bobrowski, a disabled medical doctor, hauled her opponents and detractors into United States District Court in White Plains last Wednesday, December 5. She was seeking a Temporary Restraining Order and injunctive relief from a reported ongoing series of violations of her civil rights under the Constitution of the United States by state actors under Color Of Law.
Ms. Bobrowski, a middle-aged woman, appeared before District Court Judge Stephen C. Robinson, accompanied by Attorney Anthony John Messina, of Messina & Associates, White Plains. At the Defendant’s
table, Attorney Raymond Schmidt represented Lawrence A. Porcari and the Office of Yonkers Corporate Counsel; Attorney Susan Ansbach of the New York State Attorney General’s Office represented the Yonkers
City Court and Judges Wood and Klein; and, Attorney Jane Felix represented the Westchester District Attorney’s Office and Assistant DAs Smith and Hogan.
Judge Robinson opened the proceedings by acknowledging how very pleased he was that the Plaintiff, Ms. Bobrowski, had retained counsel, and particularly Attorney Messina. He then stated, “We are brought here today by the filings of Ms. Bobrowski, seeking a Temporary Restraining Order and injunctive relief. I believe
there was a second filing by Ms. Bobrowski seeking an Order To Show Cause.”
Turning to Plaintiff ’s counsel, Robinson asked, “Mr. Messina, what is your pleasure with regard to Ms. Bobrowski’s filings? And, please advise whether she is seeking relief that this Court is capable of providing.”
Attorney Messina told the Court, “There has been a psychological stigma attached to my client, Your Honor, that the medical record establishes does not exist. Furthermore, she has been removed from her home on which she continues to make mortgage and tax payments.”
Messina went on to tell the Court that false accusations, particularly regarding the mental health of his client, had created a “domino effect since May 6, 2006.” He alluded to activities by her brother, who reportedly is attempting to take her home from her with fraudulent papers.
Robinson then asked, “Where does she want to get here; to enjoy the home?” Messina responded, “She wants to enjoy her home. She has been examined by a doctor, Your Honor, who concluded that she was suffering with stress from not being able to get into her home because of an Order Of Protection issued by Yonkers City Court.”
Taking into account the fact that Attorney Messina had just come into the case within the last several days, Robinson inquired, “Would you want this Court to grant you time to fully familiarize yourself with the record?”
Attorney Messina came back with, “Your Honor, here is the problem; my client has no place to live, so I would respectfully ask for the second week in January.”
The Judge then said, “I just want to give the Defendants as much time as they need.” He then remarked, “I am hearing, ‘I am paying for a house that I am not able to live in because of an Order Of Protection, and I’m being
forced to pay, through my Social Security, for a house I can’t live in.’”
He then stated two obvious options: that either the Plaintiff resumes residence in the house and continues to pay for it, or accepts that she will not live there but is no longer compelled to pay for it.
Robinson then said, “As a very practical matter, it seems Ms. Bobrowski is saying ‘I need some place to live but my money is being used to pay for a place I’m not permitted to live.’” He then asked, as if rhetorically, “Why should it be this way? Why shouldn’t she have a place to live?”
At that point, Jane Felix, attorney for the Westchester District Attorney’s Office, represented to the Court that Bobrowski’s brother owns the house and that the Plaintiff had obtained a quitclaim deed that she supposedly used to get a home equity loan. The Court set January 8th for a conference on the matter.
By Richard Blassberg
Citizen Sherry Bobrowski Hauls City Of Yonkers And Westchester DA’s Office Into Federal Court
United States District Court
300 Quarropas Street, White Plains
Judge Stephen C. Robinson Presiding
After allegedly suffering at the hands of the Yonkers Police Department, Yonkers Corporate Counsel, and the Westchester District Attorney’s Office, getting kicked out of her own home, yet being compelled to pay the mortgage and the taxes, while being rendered virtually homeless, Sherry Bobrowski, a disabled medical doctor, hauled her opponents and detractors into United States District Court in White Plains last Wednesday, December 5. She was seeking a Temporary Restraining Order and injunctive relief from a reported ongoing series of violations of her civil rights under the Constitution of the United States by state actors under Color Of Law.
Ms. Bobrowski, a middle-aged woman, appeared before District Court Judge Stephen C. Robinson, accompanied by Attorney Anthony John Messina, of Messina & Associates, White Plains. At the Defendant’s
table, Attorney Raymond Schmidt represented Lawrence A. Porcari and the Office of Yonkers Corporate Counsel; Attorney Susan Ansbach of the New York State Attorney General’s Office represented the Yonkers
City Court and Judges Wood and Klein; and, Attorney Jane Felix represented the Westchester District Attorney’s Office and Assistant DAs Smith and Hogan.
Judge Robinson opened the proceedings by acknowledging how very pleased he was that the Plaintiff, Ms. Bobrowski, had retained counsel, and particularly Attorney Messina. He then stated, “We are brought here today by the filings of Ms. Bobrowski, seeking a Temporary Restraining Order and injunctive relief. I believe
there was a second filing by Ms. Bobrowski seeking an Order To Show Cause.”
Turning to Plaintiff ’s counsel, Robinson asked, “Mr. Messina, what is your pleasure with regard to Ms. Bobrowski’s filings? And, please advise whether she is seeking relief that this Court is capable of providing.”
Attorney Messina told the Court, “There has been a psychological stigma attached to my client, Your Honor, that the medical record establishes does not exist. Furthermore, she has been removed from her home on which she continues to make mortgage and tax payments.”
Messina went on to tell the Court that false accusations, particularly regarding the mental health of his client, had created a “domino effect since May 6, 2006.” He alluded to activities by her brother, who reportedly is attempting to take her home from her with fraudulent papers.
Robinson then asked, “Where does she want to get here; to enjoy the home?” Messina responded, “She wants to enjoy her home. She has been examined by a doctor, Your Honor, who concluded that she was suffering with stress from not being able to get into her home because of an Order Of Protection issued by Yonkers City Court.”
Taking into account the fact that Attorney Messina had just come into the case within the last several days, Robinson inquired, “Would you want this Court to grant you time to fully familiarize yourself with the record?”
Attorney Messina came back with, “Your Honor, here is the problem; my client has no place to live, so I would respectfully ask for the second week in January.”
The Judge then said, “I just want to give the Defendants as much time as they need.” He then remarked, “I am hearing, ‘I am paying for a house that I am not able to live in because of an Order Of Protection, and I’m being
forced to pay, through my Social Security, for a house I can’t live in.’”
He then stated two obvious options: that either the Plaintiff resumes residence in the house and continues to pay for it, or accepts that she will not live there but is no longer compelled to pay for it.
Robinson then said, “As a very practical matter, it seems Ms. Bobrowski is saying ‘I need some place to live but my money is being used to pay for a place I’m not permitted to live.’” He then asked, as if rhetorically, “Why should it be this way? Why shouldn’t she have a place to live?”
At that point, Jane Felix, attorney for the Westchester District Attorney’s Office, represented to the Court that Bobrowski’s brother owns the house and that the Plaintiff had obtained a quitclaim deed that she supposedly used to get a home equity loan. The Court set January 8th for a conference on the matter.
Thursday, December 6, 2007
Northern Westchester Round-Up
Cortlandt: Community leaders hosted forums to discuss the crossburning incident on a local resident’s
property.
North Salem: The Town Justice issued an arrest warrant for a local convicted sex offender who failed
to appear in court.
North White Plains: Construction has begun on the section of the Bronx River Parkway, from North White
Plains to the Kensico Dam in Valhalla to add dividers between opposing lanes of traffic.
The first day of construction was marred with yet another fatal crash on this section of road.
Tarrytown: Fire hydrants on Cobbs Lane failed during a fire. The village is following up with local residents to determine if the hydrants were privately-owned.
Valhalla: Bowing to appeals from local doctors and humanitarian groups, the New York Medical College announced that it will discontinue its practice of using live dogs in physiology courses for its medical students.
– Catherine Wilson
It’s Not About The Cupcakes
By Catherine Wilson, Northern Bureau Chief
The Jacob Burns Film Center in Pleasantville is currently embarking on an ambitious expansion program called the Campaign for the 21st Century Education. With such a directive it was little wonder, therefore, that the film center recently hosted the premier of an equally ambitious film entitled Two Angry Moms concerning changes
in our schools. But while the Jacob Burns campaign seeks to “equip all students with the skills to communicate
effectively … in a world dominated by technology and visual text”, the goal of the Two Angry Moms is a lot more basic – to just get our school kids to eat properly.
On the surface it seems like a reasonable premise to place more nutritious food in our schools, particularly the school lunch programs. But the “Two Angry Moms” documentary showed that trying to get our nation’s children
to learn about healthy eating in our schools is anything but simple. Award-winning producer, Amy Kalafa, followed Chappaqua holistic nutritionist, Dr. Susan Rubin, across the country for a year in her Michael Moore-like quest to keep our local schools junkfood free. And like Mr. Moore’s movies, Two Angry Moms proved
to be just as shocking, frightening, frustrating, and sometimes hilarious, especially when confronting government bureaucracy.
Dr. Rubin has been advocating healthier lunches in our schools for over a decade. She reassures parents that healthy eating is “not about the cupcakes” but about the overall health and future well-being of our children. As she notes, “Obesity is just the tip of the iceberg.
Normal weight children will also eventually suffer severe health problems from consuming unhealthy food”. Dr. Rubin’s website, http://www.betterschoolfoods.org/, lists ingredients currently found in the food in school cafeterias and vending machines: partially hydrogenated oil, brominated vegetable oil, high fructose corn syrup, artificial colors and flavorings, benzoate preservatives, caffeine, artificial sweeteners, MSG, olestra, and sodium nitrate.
Medical research links these non-natural additives to heart disease, strokes, allergies, cancer,
osteoporosis, nausea, breathing difficulties, and damaged organs.
By the time a child graduates from high school they could have conceivably consumed these unhealthy
ingredients in 2,340 meals – 180 school lunches per year for 13 years. And that’s not counting the junk in the snacks in school vending machines, sports drinks at team games, candy sold at fundraising events. Dr. Rubin refers to this as our nation’s “toxic food environment” which she believes is “poisoning our children”.
According to a study released by the Center for Science in the Public Interest (CSPI) on November 28 of this year, “over two-thirds of our states get poor grades on school food report card”. New York’s school food rated a D+. Despite this worrying analysis of our current situation, the CSPI is supporting a proposed amendment to the Farm Act currently before the U.S. Senate which would allow the sale in our nation’s
High Schools of: Bottled water that may include added flavoring, noncaloric sweetners, or carbonation.
Up to 12-oz servings of milk or juice, or fluid milk substitutes, up to 170 cal/8 oz Up to 12 oz servings of other
beverages with no more than 66 cal/ 8 oz, phased down over 5 years to 25 cal/8 oz, except for beverages
offered for sale in athletic areas “Foods” are to be defined as follows:
Content Restrictions: 35% calories from fat (except for nuts and reduced-fat cheese) 10% of calories from saturated fat (except for reduced-fat cheese) 35% sugar by weight
Sodium Limits Apply
Calorie Restrictions: Elementary and Middle School – 180 calories High School – 200 calories The amendment seeks to address the obesity issue by restricting the calories in school lunches.
But as Dr. Rubin points out, “It’s not about the calories. It’s about the content of the food.” If this amendment becomes law, our schools will legally be allowed to pour sodas and sports drinks down our children’s throats and feed them fats and sugars in their food. e major backers of this bill are members of the food processing
industry, and soft drink producers like Gatorade (hence the sports drink exception to this amendment!). At a government hearing on this issue in Washington, D.C., Dr. Rubin found that she was the only non-industry individual in the room.
Dr. Rubin’s comment, “It’s not about the calories, it’s about the content of the food” becomes clearer watching the Two Angry Moms documentary as it reveals the shocking facts of our children’s eating habits. The predicted outcomes sound as ominous as global warming:
• 1 in 3 children born in 2000 will become diabetic
• 1 in 3 children are currently overweight
• 1 in 7 children are obese
• Girls 10 to 14 had a 166% increase in type-2 diabetes since 2002
• Over 25% of children have tooth decay
• Bone fractures in teens increased 42% in 30 years
The goal of the “Better School Food” organization is to turn this trend around, one school at a time.
Better School Food has already enlisted parents both here in Westchester and nationwide and armed them with strategies to improve the nutritional value of their schools’ lunches. Dr. Rubin suggests that concerned parents
should sit in on a school lunch period and provides a “lunch-in checklist” for parents to consider when observing their school’s cafeterias. Her checklist contains common-sense questions such as “Do you want to eat this food”
and “Are fresh fruits and vegetable readily available” to questions that initially don’t seem to fit, such as
“How far does the food travel to get to your school”. The answer to that last question could determine
the ultimate quality of the food being served.
Many Westchester schools use food service management companies who buy the school lunch ingredients in bulk, often through incentive programs offered from the food processing industry. So decisions about what
our children will eat for lunch are just as likely to be based on whether the service company will get a trip
to Vegas as to what the nutritional content of the food is.
Even what the Federal School Lunch Program defines as “nutritional” is open to debate – a menu item with less than .5% of fat may legally be promoted as “fatfree”.
So who can our schools trust to provide lunch for our children? Fortunately, there is an alternative program available to our nation’s schools: the “Farm-to-School” program, which is funded by USDA grants. The objectives of this program are to connect schools with local farms to provide healthy meals for school cafeterias,
improve student nutrition, provide health and nutritional educational opportunities, and support local farmers.
Currently there are 1,117 programs in 33 states involving 10,943 schools in 768 districts. Dr. Rubin advocates the Farmto-School program as not only being beneficial to our local students and NYS farmers, but even as a tool in the fight against global warming. New York State apples are renowned the world over yet many Westchester schools, through their service management companies bulk purchasing contracts, import their apples
from Oregon – over 2,000 trucking miles away! The “Two Angry Moms” documentary showed successful Farm-to-School programs in diverse climates and economic districts from the affluence of Yale University, to urban schools, from sunshine in Berkeley, California to the snowy mountains of New Hampshire. Students in each district became involved in all aspects of food – from growing, to meal preparation and planning, to
table. Nutritional eating became part of the school curriculum.
As our children’s health crisis becomes more evident, more Westchester schools, such as Katonah-Lewisboro,
have already developed wellness programs and adopted several of the recommendations of the Better School Food organization. But as the movement to improve our children’s health grows, so too does the opposition.
The food processing manufacturers are not willing to let go of their lucrative purchasing contracts without
a fight. The health of our children hangs in the balance.
Endnotes:
1. Center for Disease Control
2. The Robert Wood Johnson Foundation – Health Care
3. Medical News Today
4. New York Times – September 13, 2007
5. Healthline.com
Cortlandt: Community leaders hosted forums to discuss the crossburning incident on a local resident’s
property.
North Salem: The Town Justice issued an arrest warrant for a local convicted sex offender who failed
to appear in court.
North White Plains: Construction has begun on the section of the Bronx River Parkway, from North White
Plains to the Kensico Dam in Valhalla to add dividers between opposing lanes of traffic.
The first day of construction was marred with yet another fatal crash on this section of road.
Tarrytown: Fire hydrants on Cobbs Lane failed during a fire. The village is following up with local residents to determine if the hydrants were privately-owned.
Valhalla: Bowing to appeals from local doctors and humanitarian groups, the New York Medical College announced that it will discontinue its practice of using live dogs in physiology courses for its medical students.
– Catherine Wilson
It’s Not About The Cupcakes
By Catherine Wilson, Northern Bureau Chief
The Jacob Burns Film Center in Pleasantville is currently embarking on an ambitious expansion program called the Campaign for the 21st Century Education. With such a directive it was little wonder, therefore, that the film center recently hosted the premier of an equally ambitious film entitled Two Angry Moms concerning changes
in our schools. But while the Jacob Burns campaign seeks to “equip all students with the skills to communicate
effectively … in a world dominated by technology and visual text”, the goal of the Two Angry Moms is a lot more basic – to just get our school kids to eat properly.
On the surface it seems like a reasonable premise to place more nutritious food in our schools, particularly the school lunch programs. But the “Two Angry Moms” documentary showed that trying to get our nation’s children
to learn about healthy eating in our schools is anything but simple. Award-winning producer, Amy Kalafa, followed Chappaqua holistic nutritionist, Dr. Susan Rubin, across the country for a year in her Michael Moore-like quest to keep our local schools junkfood free. And like Mr. Moore’s movies, Two Angry Moms proved
to be just as shocking, frightening, frustrating, and sometimes hilarious, especially when confronting government bureaucracy.
Dr. Rubin has been advocating healthier lunches in our schools for over a decade. She reassures parents that healthy eating is “not about the cupcakes” but about the overall health and future well-being of our children. As she notes, “Obesity is just the tip of the iceberg.
Normal weight children will also eventually suffer severe health problems from consuming unhealthy food”. Dr. Rubin’s website, http://www.betterschoolfoods.org/, lists ingredients currently found in the food in school cafeterias and vending machines: partially hydrogenated oil, brominated vegetable oil, high fructose corn syrup, artificial colors and flavorings, benzoate preservatives, caffeine, artificial sweeteners, MSG, olestra, and sodium nitrate.
Medical research links these non-natural additives to heart disease, strokes, allergies, cancer,
osteoporosis, nausea, breathing difficulties, and damaged organs.
By the time a child graduates from high school they could have conceivably consumed these unhealthy
ingredients in 2,340 meals – 180 school lunches per year for 13 years. And that’s not counting the junk in the snacks in school vending machines, sports drinks at team games, candy sold at fundraising events. Dr. Rubin refers to this as our nation’s “toxic food environment” which she believes is “poisoning our children”.
According to a study released by the Center for Science in the Public Interest (CSPI) on November 28 of this year, “over two-thirds of our states get poor grades on school food report card”. New York’s school food rated a D+. Despite this worrying analysis of our current situation, the CSPI is supporting a proposed amendment to the Farm Act currently before the U.S. Senate which would allow the sale in our nation’s
High Schools of: Bottled water that may include added flavoring, noncaloric sweetners, or carbonation.
Up to 12-oz servings of milk or juice, or fluid milk substitutes, up to 170 cal/8 oz Up to 12 oz servings of other
beverages with no more than 66 cal/ 8 oz, phased down over 5 years to 25 cal/8 oz, except for beverages
offered for sale in athletic areas “Foods” are to be defined as follows:
Content Restrictions: 35% calories from fat (except for nuts and reduced-fat cheese) 10% of calories from saturated fat (except for reduced-fat cheese) 35% sugar by weight
Sodium Limits Apply
Calorie Restrictions: Elementary and Middle School – 180 calories High School – 200 calories The amendment seeks to address the obesity issue by restricting the calories in school lunches.
But as Dr. Rubin points out, “It’s not about the calories. It’s about the content of the food.” If this amendment becomes law, our schools will legally be allowed to pour sodas and sports drinks down our children’s throats and feed them fats and sugars in their food. e major backers of this bill are members of the food processing
industry, and soft drink producers like Gatorade (hence the sports drink exception to this amendment!). At a government hearing on this issue in Washington, D.C., Dr. Rubin found that she was the only non-industry individual in the room.
Dr. Rubin’s comment, “It’s not about the calories, it’s about the content of the food” becomes clearer watching the Two Angry Moms documentary as it reveals the shocking facts of our children’s eating habits. The predicted outcomes sound as ominous as global warming:
• 1 in 3 children born in 2000 will become diabetic
• 1 in 3 children are currently overweight
• 1 in 7 children are obese
• Girls 10 to 14 had a 166% increase in type-2 diabetes since 2002
• Over 25% of children have tooth decay
• Bone fractures in teens increased 42% in 30 years
The goal of the “Better School Food” organization is to turn this trend around, one school at a time.
Better School Food has already enlisted parents both here in Westchester and nationwide and armed them with strategies to improve the nutritional value of their schools’ lunches. Dr. Rubin suggests that concerned parents
should sit in on a school lunch period and provides a “lunch-in checklist” for parents to consider when observing their school’s cafeterias. Her checklist contains common-sense questions such as “Do you want to eat this food”
and “Are fresh fruits and vegetable readily available” to questions that initially don’t seem to fit, such as
“How far does the food travel to get to your school”. The answer to that last question could determine
the ultimate quality of the food being served.
Many Westchester schools use food service management companies who buy the school lunch ingredients in bulk, often through incentive programs offered from the food processing industry. So decisions about what
our children will eat for lunch are just as likely to be based on whether the service company will get a trip
to Vegas as to what the nutritional content of the food is.
Even what the Federal School Lunch Program defines as “nutritional” is open to debate – a menu item with less than .5% of fat may legally be promoted as “fatfree”.
So who can our schools trust to provide lunch for our children? Fortunately, there is an alternative program available to our nation’s schools: the “Farm-to-School” program, which is funded by USDA grants. The objectives of this program are to connect schools with local farms to provide healthy meals for school cafeterias,
improve student nutrition, provide health and nutritional educational opportunities, and support local farmers.
Currently there are 1,117 programs in 33 states involving 10,943 schools in 768 districts. Dr. Rubin advocates the Farmto-School program as not only being beneficial to our local students and NYS farmers, but even as a tool in the fight against global warming. New York State apples are renowned the world over yet many Westchester schools, through their service management companies bulk purchasing contracts, import their apples
from Oregon – over 2,000 trucking miles away! The “Two Angry Moms” documentary showed successful Farm-to-School programs in diverse climates and economic districts from the affluence of Yale University, to urban schools, from sunshine in Berkeley, California to the snowy mountains of New Hampshire. Students in each district became involved in all aspects of food – from growing, to meal preparation and planning, to
table. Nutritional eating became part of the school curriculum.
As our children’s health crisis becomes more evident, more Westchester schools, such as Katonah-Lewisboro,
have already developed wellness programs and adopted several of the recommendations of the Better School Food organization. But as the movement to improve our children’s health grows, so too does the opposition.
The food processing manufacturers are not willing to let go of their lucrative purchasing contracts without
a fight. The health of our children hangs in the balance.
Endnotes:
1. Center for Disease Control
2. The Robert Wood Johnson Foundation – Health Care
3. Medical News Today
4. New York Times – September 13, 2007
5. Healthline.com
Yonkers City Council News...
From Counsel President Chuck Lesnick
Capital Budget Approved
The Capital Improvement Plan (CIP) finally got the five votes it needed to pass the $98 million capital budget.
Almost half of the money, or about $50 million, will go to repairing the city’s schools to address some $300 million in needed repairs and construction costs. The remaining $48 million will go to city projects, including $4.8 million to address sewage flows into local rivers.
Also contained within the CIP is money to rehabilitate several existing parks and to plan a new one at Purser Place next to the PEARLS Hawthorne School.
We plan to delay half of the borrowing until the projects are ready to begin construction as a cost-saving measure. It is my belief that the projects will pay for themselves in the long run with updated schools, flood control, better public safety, and other services.
Yonkers Deserves a Living Wage!
The Mayor held a public hearing on our Living Wage Bill on Wednesday, Nov. 28.
The City Council passed this bill last March only to have the Mayor veto it. Now in its second go-around, this was the time to make our voices heard on this issue!
Here are some basic facts. We are calling for all entities receiving at least $150,000 in government benefits for doing business in Yonkers to pay their workers a minimum of $11.85 per hour plus $1.50 for health benefits.
We feel this is not only a fair trade, but a necessary one especially given that almost 16 percent of the city’s residents exist below the national poverty level of $19,350 for a family of four. In addition, more than 10,000 families in Yonkers grossed less than $25,000 annually when the U.S. Census Bureau made that report in 2005.
Leaf Blower Ban
The City Council made history by unanimously voting for a permanent ban on leaf blowing from June 1 until
September 30. The bill was passed on a one- year trial basis last spring.
This is an important moment for Yonkers as it’s the first piece of public health-based environmental policy to go before the Council since the formation of the Green Policy Task Force and the signing of the Mayor’s Climate Protection Agreement.
Yonkers is also setting a precedent for other municipalities proposing similar legislation.
From Counsel President Chuck Lesnick
Capital Budget Approved
The Capital Improvement Plan (CIP) finally got the five votes it needed to pass the $98 million capital budget.
Almost half of the money, or about $50 million, will go to repairing the city’s schools to address some $300 million in needed repairs and construction costs. The remaining $48 million will go to city projects, including $4.8 million to address sewage flows into local rivers.
Also contained within the CIP is money to rehabilitate several existing parks and to plan a new one at Purser Place next to the PEARLS Hawthorne School.
We plan to delay half of the borrowing until the projects are ready to begin construction as a cost-saving measure. It is my belief that the projects will pay for themselves in the long run with updated schools, flood control, better public safety, and other services.
Yonkers Deserves a Living Wage!
The Mayor held a public hearing on our Living Wage Bill on Wednesday, Nov. 28.
The City Council passed this bill last March only to have the Mayor veto it. Now in its second go-around, this was the time to make our voices heard on this issue!
Here are some basic facts. We are calling for all entities receiving at least $150,000 in government benefits for doing business in Yonkers to pay their workers a minimum of $11.85 per hour plus $1.50 for health benefits.
We feel this is not only a fair trade, but a necessary one especially given that almost 16 percent of the city’s residents exist below the national poverty level of $19,350 for a family of four. In addition, more than 10,000 families in Yonkers grossed less than $25,000 annually when the U.S. Census Bureau made that report in 2005.
Leaf Blower Ban
The City Council made history by unanimously voting for a permanent ban on leaf blowing from June 1 until
September 30. The bill was passed on a one- year trial basis last spring.
This is an important moment for Yonkers as it’s the first piece of public health-based environmental policy to go before the Council since the formation of the Green Policy Task Force and the signing of the Mayor’s Climate Protection Agreement.
Yonkers is also setting a precedent for other municipalities proposing similar legislation.
Our Readers Respond...
More Yonkers Police Brutality
Dear Editor:
I congratulate you and your publication. The facts are spoken AT LAST!!! The black community are not the only victims of the arrogance and abuse of Yonkers police. My husband got shoved violently and insulted by one of the Klan of Yonkers.
It took place years ago on our street as a multi-family house was on fire. A crowd had formed, watching the fire department arrive. The police car was blocking a fire pump and the policeman told the fireman to use the other fire pump. My husband happened to be standing in earshot so he said to the cop why doesn’t he move the car so the firefighters can do their job when he practically got thrown to the ground and was told very loudly by this lousy cop to “mind your mother f------ business!.
As short-tempered as my husband is, he bit his tongue and came home. You see, I just got out of Burke Rehabilitation with a crippling stroke and he felt if he “shoved back” he would be arrested and I would be left alone and unattended to.
I bring this up now because the Yonkers police are never held accountable for the wrong they do. There are so many incidents across the city as I have described which go unreported because everyone knows there will be nothing done about it, no justice so why bother!
Years ago, there was a beating melee at Cornyns Bar/Restaurant on South Broadway where quite a few patrons (Irish) were beaten so bad they had to be hospitalized! Yonkers police were responsible. It was on the news then you never heard about it again.
Yonkers police as well as practically all Yonkers officials get away with whatever they want and there are NO consequences for these despicables.
Thank you for allowing me to sound-off. I am embarassed to say I have two relatives in the Yonkers police.
Comment: At least the Yonkers force could do is try to stay physically fit so they can at least put on a “show of make beleive” that they are doing their job. Three-quarters of the entire Yonkers squad are obese and sloppy looking. They could not possibly chase a thief without stroking out in the process!
Don’t let me start on the female “officers” The one on Yonkers Avenue conducting ALL her personal errands, everday, with the patrol car on tax-payers time looks like she never saw or used a bar of soap and a shower in decades and is in desperate need of Jenny Craig!
You get the picture. The Yonkers police force are the REAL crime in this city!!!
Diane
Former Pirro Prosecutor: She Committed A Crime
Dear Editor:
Arguments can be made on both sides about Jeanine Pirro’s attempts to deprive accused persons of
fair trials by outrageous press releases, subornation of perjury, and frequent failures to deliver Brady material that
would likely result in acquittals. We can even argue about her involvement in tax fraud, since the U.S. Attorney
did not seek her indictment when her now estranged husband, Al Pirro, was indicted and convicted.
Nonetheless, there is one matter for which there is no question concerning her criminal conduct, and
that matter largely goes unmentioned by the media. When Ms. Pirro told former N.Y.C. Police Commissioner
Bernie Kerik to eavesdrop on her husband, she was unquestionably guilty of criminal solicitation. - at crime
is committed when someone solicits, requests, commands, importunes or otherwise attempts to cause another
person to engage in any felony, which would include unlawful eavesdropping.
While Mr. Kerik had the good sense to refuse to follow Ms. Pirro’s instructions to eavesdrop, the crime
of criminal solicitation was completed when Ms. Pirro solicited such wrongful conduct. Amazingly, she has not
been charged with this clear and serious offense. Even the court’s Grievance Committee has failed to sanction
her for this publicly-known criminal conduct. Law enforcement has some serious explaining to do with respect
to the free pass given to Ms. Pirro.
A Former Prosecutor
Thoughts and Questions About The Pirros
Dear Editor:
I am in the process of writing a letter-to-the-editor to the Journal News. Last Saturday there was a letter
of a man who complained that every time the Pirros are in the news Al’s crimes are mentioned which he considered “a black eye for every hardworking Italian American”. As far as I know both Al and Jeanine are of
Lebanese descent. Nothing against Lebanese Americans (Ralph Nader is one) but I wanted to set the record
straight and at the same time use the opportunity to express my opinion about them. Hypocrites at best and
criminals at worst but sometimes I think being a hypocrite and having a public position is worse. Most people
seem to think they are Italian-American but years ago Milton Hoffman mentioned in an editorial that they
are not. I found Jeanine’s background on line without any problem, Al’s I couldn’t find. I did learn that you
wrote a book called The Jeanine Machine. Does your book mention it? If you could let me know I’d appreciate
it. I want to get that letter out.
I went to Manhattanville last month to hear Jeffrey Deskovic speech for the ACLU. I have been in touch with him since then and hope to meet him personally. I will include his story in my letter.
Martha Conte
Editor’s Note: Jeanine Ferris Pirro made it very clear July 29, 2001 at the Yonkers Arab-American
Festival; “I am one hundred percent like you!” (Lebanese.)
As regards Al, we have it on excellent family authority that each parent is of Italian lineage.
Yonkers PD And Corporate Counsel Gang Up On Her
Dear Editor:
I was weakened from chemotherapy when I was abandoned and retaliated against by my own city’s protectors,
the Yonkers Police.
On 2-28-06, YPD Officer Dean Renzi from the Third Precinct of Southwest Yonkers appeared with his partner
after my third call to the local police. I stated that a male I now know as Robert Potanovic, related to a Yonkers of-ficer, backed his truck into my person while I was standing. He then got out of his truck and with RAGE, grabbed me and assaulted me. PO Renzi refused to arrest Potanovic saying “he personally did not witness the assault”. Renzi also failed to give me the male’s ID or insurance information even when I stated I was injured. I lost a couple of teeth, cracked other teeth, rib trauma, spinal trauma, and the trauma of the assault. A neighbor passed and Renzi shooed him away saying it was none of his concern rather than attempt to investigate. I called the Third Precinct for a supervisor. FOUR more officers came. The officers only questioned the assaulter, Potanovic. One of the new group walked over to me and said if I persist on obtaining the male’s ID or insurance
information, they could always take ME for psychiatric evaluation.
Taking that as a threat, I called the Yonkers Mayor and the Westchester DA. When the police report did not show MY statement, I complained to the DA and Marty Peterson of Mayor Amicone’s office. Mr. Peterson had Lt. Hodges from Comm. Taggert’s office contact me. Lt. Hodges had two officers take me to ADA Login at the Yonkers Cacase Justice Center in early March 2006 to address the assault. ADA Login met with the two (different) officers but he refused to meet with me, the victim of an assault.
I wondered who was this Potanovic or Renzi that the assault upon me was being covered up. Lt. Hodges interrogated me. When he stated I was changing my story and that he would stick by his officer no
matter what, I then stated that I taped us to prevent any misinterpretation of the truth. He was livid. The
DA’s office had ADA Brian Conway send a complaint dated 3-21-06, to Police Commissioner Taggert.
That was the last I heard from the DA. I sent the additional related incidents to the DA and Internal Affairs.
I tried contacting Internal Affairs, Commissioner Taggert, Commissioner Hartnet, and Mayor Amicone by certi-
fied FOIL requests to no avail. My last call to ADA Conway ended with a threat that if I pursued asking about the police misconduct, he would consider it harassment.
On May 5, 2006, while on chemotherapy, for no cause, a Yonkers officer grabbed my arm until black and blue
and stated we were going for a ride to a psychiatric hospital. He wrote I was admitted when I was not. In the ambulance he grabbed my cell phone, smirked and said, “I bet you can’t tape us now”, and “I
bet you’ll never report another officer”.
I tried reporting this to the mayor, the DA and to internal affairs but they all REFUSED to take any complaint. I have the certified letters. They tried to cover my police complaint on PO Dean Renzi by a false reports and retaliatory acts.
The night of the ex parte hearing I was not privy to on 6-14-06, at 8:45 PM, SIX male Yonkers police officers entered my home without my authorization, with NO PAPERS in hand, came to the bathroom where I was naked in my bath tub.
PO Capuano refused to get out of and away from the bathroom so I could dress. I grabbed a towel, jumped and pushed the door closed with my foot bloody. I demanded papers and a female officer. I was denied. They said if I don’t come out as is they will take me out into the street with no towel, that it was nothing to them. I said they could look at their wives but not me. I was denied any human privacy. Meanwhile I had my cell phone next to the tub and I had dialed an attorney who witnessed the entire event. The attorney wanted to speak with the police.
An officer took the phone, hung up on the lawyer and kept my phone. I was denied taking my clothes, my needed medication, my purse and any life essentials. I was intimidated, berated, and forced out of my home. Sgt. Ache gave me a countdown “10..9…8…at one you are being arrested” as he rushed me out of my own home that I own, reside and pay for with my social security to my mortgage. I was served AFTER I was removed from my home, two blocks away.
On June 30, 2006, I went to family court and entered a Petition for an order of protection protecting me from
my brother. They refused to hear me and told me to come back. I should have been heard on Friday morning. I
stated my fear and the threats that were continual and escalating. I was told to come back on Monday and denied an attorney. I was requesting that my brother receive forensic evaluation and counseling since he was accusing me of his ex-wife’s problems, making false reports, intimidation and harassment.
I was in Yonkers City Jail for THREE days, deprived of my medication, put with the men. I was told that I
had a choice. They could put me in the general population to receive my medication but they guaranteed me I would not survive. I took that as a threat. Then they said I had no choice and kept me in the city jail. Renzi and others questioned me for hours and admits he never read me my rights. I became VERY ill after being deprived of my medication, just off chemotherapy. I was taken to the emergency room twice. The first time I was thrown in the back of a police car, the second time via ambulance.
I was abused emotionally, physically, and sexually. In the emergency room I was alone with the police much of
the time. They had me in shackles and handcuffs so tight the pain was horrendous. When I asked to loosen them I was told “jail is supposed to hurt”. If I fell asleep they would kick the gurney and call me a “fuckin junkie”, laugh at the fact I’m a doctor saying “that’s a good joke”, called a “bobble head due to my neck surgeries”.
Touched inappropriately while shackled, I felt less than human. These are our protectors. Abusing his authority, Laurence Porcari, for the Corporation Council, adopted the DAs case by arguing it 15 months. Mr. Porcari was only entitled to address the city code violations that he superseded into 15-18 misdemeanors on the day of my arraignment. This was retaliation and abuse of power for suing Yonkers in the 2001 Federal lawsuit regarding the city interfering with my property. Yonkers is AGAIN affecting my property by denying me my home, denying my evidence and property, denying me ANY hearing to address my improper removal with no legal process. Not only did Mr. Porcari and the Corporation Council intentionally keep me out of my home, they auctioned a tax lien on my home failing to notify me contrary to law.
The First Amendment allows complaints on government entities without fear of reprisal. Mr. Porcari said I should have $10,000 bail for entering a complaint about a Yonkers police officer (Renzi), and for entering a motion for the chief judge to recuse. The chief judge and his son both recused themselves due to bias. Mr. Porcari is now defending Renzi and the YPD in Federal Court where he again is denying my due process by entering ex parte communication to chambers. This type of action is unethical and grossly prejudicial to a pro se disabled litigant being victimized. Mr. Porcari objected to hearing the TOPS, and objected to me even going back into my home for clothes, my evidence, managed to destroy my entire family by denying my constitutional rights putting Liberty, Property and due process at issue along with the 4th and 14th amendments.
I requested that I be given the TOP evidentiary and fact-finding hearing and for a TOP to protect me from false complaints. The courts ignored me. I also argued speedy trial grounds. The case was entered fully submitted. I then received a decision that gave Mr. Porcari 20 additional days. I sent in opposition. 20 days passed and I still received no opposition by Mr. Porcari who fought me so vehemently for 15 months. It made no sense that he now failed to enter opposition. Judge Daly on 9-28-07 entered a decision that he was dismissing the misdemeanor Mr. Porcari entered due to speedy trial grounds. My other requests were not addressed other than the judge stating that Mr. Porcari only had authority to argue his city code issues.
My home is valuable and they are keeping me from my property, denied me a speedy trial, offered me an ACD that would have ended last July but I turned it down because I’m innocent. As punishment for turning down the ACD, I was denied a trial for 1 ½ years. The City of Yonkers with the Westchester DA are aggressively
denying my property and my Constitutional rights.
I am now homeless they still refuse any hearing. As a last resort after exhausting my remedy, I entered the case into Federal Court for my constitutional rights. After Yonkers was notified on 10-12-07, a trial was finally held where the jury pick was from City of Yonkers employees and the police department. The accusatory instrument which was the statement Renzi wrote and had my 81year old mother sign after left carotid artery surgery 99% occluded, was changed mid-testimony.
The judge allowed it. I had no witnesses testify for me, my attorney did not allow me to take the stand, and my attorney did not even cross Renzi on the fact that I reported him for misconduct and that his actions were retaliatory. After the trial I was asked by my attorney if I was going to sell my property now. I was shocked.
He had given me his word he would state my version and bring in the police actions. He did nothing to defend me or state my side, the facts. He is refusing to enter a 330 pre sentencing motion, doing nothing about the fact that the DA withheld vital evidence and police notes in violation of Brady and Rosario laws.
Dr. Sherry Bobrowski
In Our Opinion...
Don’t Say We Didn’t Warn You
Back in August of last year, in The Advocate column of our August 24, 2006 issue, to be precise, We discussed many reasons why We were concerned about the probable election of Eliot Spitzer. In a piece entitled, “It’s High Time Eliot Spitzer Disavows Jeanine Pirro,” we pointed out some little-known ‘markers’, activities while State Attorney General, in some instances involving Pirro that We felt did not auger well for a governor who we were being told was going to “clean up the corruption and get state government functioning once again.”
We noted the fact that Pirro, for her part, was saying she would be an attorney general in Spitzer’s mold, and, that she was not willing to endorse John Faso, her Republican running mate, for governor. Spitzer, on the other hand, was making no effort to promote his running mate, Andrew Cuomo, Pirro’s opponent for the seat Spitzer was vacating, State Attorney General. However, their history of mutual back-scratching extended back several years.
In May 2001 Spitzer, as Attorney General, went after Robert Boyle, Al Pirro’s partner-in-crime for his share of the wrongfully-gotten profits from their “rip-off” of the Hudson Valley Hospital Center, Peekskill. The conspiracy which netted more than $600,000 involved corporate fraud, breach of fiduciary responsibility, and kickbacks. And, while Spitzer would ultimately accept $50,000 in restitution from Boyle, who cried poverty, the Attorney General failed to go after Pirro at all.
Two years later Spitzer chose to totally ignore a 14-page letter of accusation, drafted by Yonkers Corporate Counsel, as per Spitzer’s own request upon earlier contact from Yonkers Mayor John Spencer. That document, which detailed election fraud and manipulation, as well as numerous other criminal practices by Pirro, was never acted upon although its existence and its receipt were acknowledged by Peter Drago, Spitzer’s Director of Public Information and Correspondence, Darren Dopp’s predecessor.
We also pointed out that in 2004 Spitzer and Jeanine Pirro had been caught in a private liaison in New York on FBI surveillance tape, shortly after which he stepped into the prosecution by the Ulster County District Attorney of Jack Gaffney, who had been George Pataki’s appointee as Chair of the State Bridge Authority, and who was
under indictment for the unlawful taking of more than $188,000 dollars in taxpayer funds by means of bogus travel expenses and fraudulent claims. Spitzer permitted Gaffney, father of Pirro’s campaign director, Sarah Gaffney Mahoney, to plead to a misdemeanor involving a mere $16,000 overcharge without serving jail time.
Apart from his telltale actions involved with Jeanine Pirro, We were also very concerned with Spitzer’s activities as Attorney General with respect to the insurance industry.
His heavy-handed dealings with A.I.G. and Marsh & McLennan were most indicative of his governing style and things to come. He compelled Marsh & McLennan to purchase Kroll Investigations, a company actually worth $790 million, for $2 billion, a maneuver that resulted in a windfall of $30 million for his “old buddy’ Mike Chakasky, who had been his boss in Manhattan D.A. Robert Morgenthau’s office and who was an executive at Kroll, heavily endowed with stock options.
Certainly, no one could have predicted, a year ago, that the Governor, who had just been elected with 70 percent of the vote, would now be sporting a 25 percent approval rating. But, his “steamroller” tactics, his career as a prosecutor, with all of the arrogance, insulation, and immunity that he was accustomed to operating with, surely was not the ideal training environment for the executive role he as about to assume.
When he said, “From Day One, everything changes,” few realized it wouldn’t be for the better. As out-of-step with most assessments of Eliot Spitzer as We might have seemed little more than a year ago, We now say, “Don’t say We didn’t warn you.”
More Yonkers Police Brutality
Dear Editor:
I congratulate you and your publication. The facts are spoken AT LAST!!! The black community are not the only victims of the arrogance and abuse of Yonkers police. My husband got shoved violently and insulted by one of the Klan of Yonkers.
It took place years ago on our street as a multi-family house was on fire. A crowd had formed, watching the fire department arrive. The police car was blocking a fire pump and the policeman told the fireman to use the other fire pump. My husband happened to be standing in earshot so he said to the cop why doesn’t he move the car so the firefighters can do their job when he practically got thrown to the ground and was told very loudly by this lousy cop to “mind your mother f------ business!.
As short-tempered as my husband is, he bit his tongue and came home. You see, I just got out of Burke Rehabilitation with a crippling stroke and he felt if he “shoved back” he would be arrested and I would be left alone and unattended to.
I bring this up now because the Yonkers police are never held accountable for the wrong they do. There are so many incidents across the city as I have described which go unreported because everyone knows there will be nothing done about it, no justice so why bother!
Years ago, there was a beating melee at Cornyns Bar/Restaurant on South Broadway where quite a few patrons (Irish) were beaten so bad they had to be hospitalized! Yonkers police were responsible. It was on the news then you never heard about it again.
Yonkers police as well as practically all Yonkers officials get away with whatever they want and there are NO consequences for these despicables.
Thank you for allowing me to sound-off. I am embarassed to say I have two relatives in the Yonkers police.
Comment: At least the Yonkers force could do is try to stay physically fit so they can at least put on a “show of make beleive” that they are doing their job. Three-quarters of the entire Yonkers squad are obese and sloppy looking. They could not possibly chase a thief without stroking out in the process!
Don’t let me start on the female “officers” The one on Yonkers Avenue conducting ALL her personal errands, everday, with the patrol car on tax-payers time looks like she never saw or used a bar of soap and a shower in decades and is in desperate need of Jenny Craig!
You get the picture. The Yonkers police force are the REAL crime in this city!!!
Diane
Former Pirro Prosecutor: She Committed A Crime
Dear Editor:
Arguments can be made on both sides about Jeanine Pirro’s attempts to deprive accused persons of
fair trials by outrageous press releases, subornation of perjury, and frequent failures to deliver Brady material that
would likely result in acquittals. We can even argue about her involvement in tax fraud, since the U.S. Attorney
did not seek her indictment when her now estranged husband, Al Pirro, was indicted and convicted.
Nonetheless, there is one matter for which there is no question concerning her criminal conduct, and
that matter largely goes unmentioned by the media. When Ms. Pirro told former N.Y.C. Police Commissioner
Bernie Kerik to eavesdrop on her husband, she was unquestionably guilty of criminal solicitation. - at crime
is committed when someone solicits, requests, commands, importunes or otherwise attempts to cause another
person to engage in any felony, which would include unlawful eavesdropping.
While Mr. Kerik had the good sense to refuse to follow Ms. Pirro’s instructions to eavesdrop, the crime
of criminal solicitation was completed when Ms. Pirro solicited such wrongful conduct. Amazingly, she has not
been charged with this clear and serious offense. Even the court’s Grievance Committee has failed to sanction
her for this publicly-known criminal conduct. Law enforcement has some serious explaining to do with respect
to the free pass given to Ms. Pirro.
A Former Prosecutor
Thoughts and Questions About The Pirros
Dear Editor:
I am in the process of writing a letter-to-the-editor to the Journal News. Last Saturday there was a letter
of a man who complained that every time the Pirros are in the news Al’s crimes are mentioned which he considered “a black eye for every hardworking Italian American”. As far as I know both Al and Jeanine are of
Lebanese descent. Nothing against Lebanese Americans (Ralph Nader is one) but I wanted to set the record
straight and at the same time use the opportunity to express my opinion about them. Hypocrites at best and
criminals at worst but sometimes I think being a hypocrite and having a public position is worse. Most people
seem to think they are Italian-American but years ago Milton Hoffman mentioned in an editorial that they
are not. I found Jeanine’s background on line without any problem, Al’s I couldn’t find. I did learn that you
wrote a book called The Jeanine Machine. Does your book mention it? If you could let me know I’d appreciate
it. I want to get that letter out.
I went to Manhattanville last month to hear Jeffrey Deskovic speech for the ACLU. I have been in touch with him since then and hope to meet him personally. I will include his story in my letter.
Martha Conte
Editor’s Note: Jeanine Ferris Pirro made it very clear July 29, 2001 at the Yonkers Arab-American
Festival; “I am one hundred percent like you!” (Lebanese.)
As regards Al, we have it on excellent family authority that each parent is of Italian lineage.
Yonkers PD And Corporate Counsel Gang Up On Her
Dear Editor:
I was weakened from chemotherapy when I was abandoned and retaliated against by my own city’s protectors,
the Yonkers Police.
On 2-28-06, YPD Officer Dean Renzi from the Third Precinct of Southwest Yonkers appeared with his partner
after my third call to the local police. I stated that a male I now know as Robert Potanovic, related to a Yonkers of-ficer, backed his truck into my person while I was standing. He then got out of his truck and with RAGE, grabbed me and assaulted me. PO Renzi refused to arrest Potanovic saying “he personally did not witness the assault”. Renzi also failed to give me the male’s ID or insurance information even when I stated I was injured. I lost a couple of teeth, cracked other teeth, rib trauma, spinal trauma, and the trauma of the assault. A neighbor passed and Renzi shooed him away saying it was none of his concern rather than attempt to investigate. I called the Third Precinct for a supervisor. FOUR more officers came. The officers only questioned the assaulter, Potanovic. One of the new group walked over to me and said if I persist on obtaining the male’s ID or insurance
information, they could always take ME for psychiatric evaluation.
Taking that as a threat, I called the Yonkers Mayor and the Westchester DA. When the police report did not show MY statement, I complained to the DA and Marty Peterson of Mayor Amicone’s office. Mr. Peterson had Lt. Hodges from Comm. Taggert’s office contact me. Lt. Hodges had two officers take me to ADA Login at the Yonkers Cacase Justice Center in early March 2006 to address the assault. ADA Login met with the two (different) officers but he refused to meet with me, the victim of an assault.
I wondered who was this Potanovic or Renzi that the assault upon me was being covered up. Lt. Hodges interrogated me. When he stated I was changing my story and that he would stick by his officer no
matter what, I then stated that I taped us to prevent any misinterpretation of the truth. He was livid. The
DA’s office had ADA Brian Conway send a complaint dated 3-21-06, to Police Commissioner Taggert.
That was the last I heard from the DA. I sent the additional related incidents to the DA and Internal Affairs.
I tried contacting Internal Affairs, Commissioner Taggert, Commissioner Hartnet, and Mayor Amicone by certi-
fied FOIL requests to no avail. My last call to ADA Conway ended with a threat that if I pursued asking about the police misconduct, he would consider it harassment.
On May 5, 2006, while on chemotherapy, for no cause, a Yonkers officer grabbed my arm until black and blue
and stated we were going for a ride to a psychiatric hospital. He wrote I was admitted when I was not. In the ambulance he grabbed my cell phone, smirked and said, “I bet you can’t tape us now”, and “I
bet you’ll never report another officer”.
I tried reporting this to the mayor, the DA and to internal affairs but they all REFUSED to take any complaint. I have the certified letters. They tried to cover my police complaint on PO Dean Renzi by a false reports and retaliatory acts.
The night of the ex parte hearing I was not privy to on 6-14-06, at 8:45 PM, SIX male Yonkers police officers entered my home without my authorization, with NO PAPERS in hand, came to the bathroom where I was naked in my bath tub.
PO Capuano refused to get out of and away from the bathroom so I could dress. I grabbed a towel, jumped and pushed the door closed with my foot bloody. I demanded papers and a female officer. I was denied. They said if I don’t come out as is they will take me out into the street with no towel, that it was nothing to them. I said they could look at their wives but not me. I was denied any human privacy. Meanwhile I had my cell phone next to the tub and I had dialed an attorney who witnessed the entire event. The attorney wanted to speak with the police.
An officer took the phone, hung up on the lawyer and kept my phone. I was denied taking my clothes, my needed medication, my purse and any life essentials. I was intimidated, berated, and forced out of my home. Sgt. Ache gave me a countdown “10..9…8…at one you are being arrested” as he rushed me out of my own home that I own, reside and pay for with my social security to my mortgage. I was served AFTER I was removed from my home, two blocks away.
On June 30, 2006, I went to family court and entered a Petition for an order of protection protecting me from
my brother. They refused to hear me and told me to come back. I should have been heard on Friday morning. I
stated my fear and the threats that were continual and escalating. I was told to come back on Monday and denied an attorney. I was requesting that my brother receive forensic evaluation and counseling since he was accusing me of his ex-wife’s problems, making false reports, intimidation and harassment.
I was in Yonkers City Jail for THREE days, deprived of my medication, put with the men. I was told that I
had a choice. They could put me in the general population to receive my medication but they guaranteed me I would not survive. I took that as a threat. Then they said I had no choice and kept me in the city jail. Renzi and others questioned me for hours and admits he never read me my rights. I became VERY ill after being deprived of my medication, just off chemotherapy. I was taken to the emergency room twice. The first time I was thrown in the back of a police car, the second time via ambulance.
I was abused emotionally, physically, and sexually. In the emergency room I was alone with the police much of
the time. They had me in shackles and handcuffs so tight the pain was horrendous. When I asked to loosen them I was told “jail is supposed to hurt”. If I fell asleep they would kick the gurney and call me a “fuckin junkie”, laugh at the fact I’m a doctor saying “that’s a good joke”, called a “bobble head due to my neck surgeries”.
Touched inappropriately while shackled, I felt less than human. These are our protectors. Abusing his authority, Laurence Porcari, for the Corporation Council, adopted the DAs case by arguing it 15 months. Mr. Porcari was only entitled to address the city code violations that he superseded into 15-18 misdemeanors on the day of my arraignment. This was retaliation and abuse of power for suing Yonkers in the 2001 Federal lawsuit regarding the city interfering with my property. Yonkers is AGAIN affecting my property by denying me my home, denying my evidence and property, denying me ANY hearing to address my improper removal with no legal process. Not only did Mr. Porcari and the Corporation Council intentionally keep me out of my home, they auctioned a tax lien on my home failing to notify me contrary to law.
The First Amendment allows complaints on government entities without fear of reprisal. Mr. Porcari said I should have $10,000 bail for entering a complaint about a Yonkers police officer (Renzi), and for entering a motion for the chief judge to recuse. The chief judge and his son both recused themselves due to bias. Mr. Porcari is now defending Renzi and the YPD in Federal Court where he again is denying my due process by entering ex parte communication to chambers. This type of action is unethical and grossly prejudicial to a pro se disabled litigant being victimized. Mr. Porcari objected to hearing the TOPS, and objected to me even going back into my home for clothes, my evidence, managed to destroy my entire family by denying my constitutional rights putting Liberty, Property and due process at issue along with the 4th and 14th amendments.
I requested that I be given the TOP evidentiary and fact-finding hearing and for a TOP to protect me from false complaints. The courts ignored me. I also argued speedy trial grounds. The case was entered fully submitted. I then received a decision that gave Mr. Porcari 20 additional days. I sent in opposition. 20 days passed and I still received no opposition by Mr. Porcari who fought me so vehemently for 15 months. It made no sense that he now failed to enter opposition. Judge Daly on 9-28-07 entered a decision that he was dismissing the misdemeanor Mr. Porcari entered due to speedy trial grounds. My other requests were not addressed other than the judge stating that Mr. Porcari only had authority to argue his city code issues.
My home is valuable and they are keeping me from my property, denied me a speedy trial, offered me an ACD that would have ended last July but I turned it down because I’m innocent. As punishment for turning down the ACD, I was denied a trial for 1 ½ years. The City of Yonkers with the Westchester DA are aggressively
denying my property and my Constitutional rights.
I am now homeless they still refuse any hearing. As a last resort after exhausting my remedy, I entered the case into Federal Court for my constitutional rights. After Yonkers was notified on 10-12-07, a trial was finally held where the jury pick was from City of Yonkers employees and the police department. The accusatory instrument which was the statement Renzi wrote and had my 81year old mother sign after left carotid artery surgery 99% occluded, was changed mid-testimony.
The judge allowed it. I had no witnesses testify for me, my attorney did not allow me to take the stand, and my attorney did not even cross Renzi on the fact that I reported him for misconduct and that his actions were retaliatory. After the trial I was asked by my attorney if I was going to sell my property now. I was shocked.
He had given me his word he would state my version and bring in the police actions. He did nothing to defend me or state my side, the facts. He is refusing to enter a 330 pre sentencing motion, doing nothing about the fact that the DA withheld vital evidence and police notes in violation of Brady and Rosario laws.
Dr. Sherry Bobrowski
In Our Opinion...
Don’t Say We Didn’t Warn You
Back in August of last year, in The Advocate column of our August 24, 2006 issue, to be precise, We discussed many reasons why We were concerned about the probable election of Eliot Spitzer. In a piece entitled, “It’s High Time Eliot Spitzer Disavows Jeanine Pirro,” we pointed out some little-known ‘markers’, activities while State Attorney General, in some instances involving Pirro that We felt did not auger well for a governor who we were being told was going to “clean up the corruption and get state government functioning once again.”
We noted the fact that Pirro, for her part, was saying she would be an attorney general in Spitzer’s mold, and, that she was not willing to endorse John Faso, her Republican running mate, for governor. Spitzer, on the other hand, was making no effort to promote his running mate, Andrew Cuomo, Pirro’s opponent for the seat Spitzer was vacating, State Attorney General. However, their history of mutual back-scratching extended back several years.
In May 2001 Spitzer, as Attorney General, went after Robert Boyle, Al Pirro’s partner-in-crime for his share of the wrongfully-gotten profits from their “rip-off” of the Hudson Valley Hospital Center, Peekskill. The conspiracy which netted more than $600,000 involved corporate fraud, breach of fiduciary responsibility, and kickbacks. And, while Spitzer would ultimately accept $50,000 in restitution from Boyle, who cried poverty, the Attorney General failed to go after Pirro at all.
Two years later Spitzer chose to totally ignore a 14-page letter of accusation, drafted by Yonkers Corporate Counsel, as per Spitzer’s own request upon earlier contact from Yonkers Mayor John Spencer. That document, which detailed election fraud and manipulation, as well as numerous other criminal practices by Pirro, was never acted upon although its existence and its receipt were acknowledged by Peter Drago, Spitzer’s Director of Public Information and Correspondence, Darren Dopp’s predecessor.
We also pointed out that in 2004 Spitzer and Jeanine Pirro had been caught in a private liaison in New York on FBI surveillance tape, shortly after which he stepped into the prosecution by the Ulster County District Attorney of Jack Gaffney, who had been George Pataki’s appointee as Chair of the State Bridge Authority, and who was
under indictment for the unlawful taking of more than $188,000 dollars in taxpayer funds by means of bogus travel expenses and fraudulent claims. Spitzer permitted Gaffney, father of Pirro’s campaign director, Sarah Gaffney Mahoney, to plead to a misdemeanor involving a mere $16,000 overcharge without serving jail time.
Apart from his telltale actions involved with Jeanine Pirro, We were also very concerned with Spitzer’s activities as Attorney General with respect to the insurance industry.
His heavy-handed dealings with A.I.G. and Marsh & McLennan were most indicative of his governing style and things to come. He compelled Marsh & McLennan to purchase Kroll Investigations, a company actually worth $790 million, for $2 billion, a maneuver that resulted in a windfall of $30 million for his “old buddy’ Mike Chakasky, who had been his boss in Manhattan D.A. Robert Morgenthau’s office and who was an executive at Kroll, heavily endowed with stock options.
Certainly, no one could have predicted, a year ago, that the Governor, who had just been elected with 70 percent of the vote, would now be sporting a 25 percent approval rating. But, his “steamroller” tactics, his career as a prosecutor, with all of the arrogance, insulation, and immunity that he was accustomed to operating with, surely was not the ideal training environment for the executive role he as about to assume.
When he said, “From Day One, everything changes,” few realized it wouldn’t be for the better. As out-of-step with most assessments of Eliot Spitzer as We might have seemed little more than a year ago, We now say, “Don’t say We didn’t warn you.”
Janet Difiore.
The Advocate
Richard Blassberg
By All Means, Let’s Open Pandora’s Box
Last Tuesday afternoon, November 27, following the fifth day of hearings before Westchester County Court Judge Rory J. Bellantoni, into the 440.10 Application of former New York City Transit Police Officer Richard
DiGuglielmo, Debra Cohen, attorney, and wife of attorney Randolph McLaughlin, told News 12, “They are retrying this case without any reasonable showing of why that should happen.” Of course, that comment could
not have been further from the truth. But, given the fact that Debra and her husband had represented William Campbell in the civil Wrongful Death trial that yielded $460,000, based essentially on the wrongful conviction of Officer DiGuglielmo for Depraved Indifference Murder, in his self-defense shooting of Charles Campbell 11
years ago, her assessment, her spin, was to be expected.
However, she also suggested before the camera, that DiGuglielmo, who has already served 10 years of a 20-year-to-life sentence for saving his middle-aged father’s life from a bat-wielding, body-building, enraged assailant, “should not be opening Pandora’s Box.” To that remark, I would reply that, in Westchester, Pandora’s
Box is the Office of the District Attorney; and, nothing would be better for the People of Westchester than to blow the lid off of it.
Coming on the heels of Anthony DiSimone’s exoneration, and release from prison, for the killing of Louis Balancio; a 13-year dastardly lie proffered by Jeanine Pirro, the 440.10 Hearing into the circumstances surrounding the changing of eyewitnesses’ statements to the Dobbs Ferry Police, under pressure from the
Westchester District Attorney’s Office, in the Richard DiGuglielmo case, threatens to bring down the evil office and lay bare the ugly truth.
Twelve years of psychopathic confabulations and prosecutions of opportunity by a conscienceless creature, assisted by numerous equally immoral assistants, capable of the worst imaginable prosecutorial misconduct in exchange for two paychecks a month, created an “Office from Hell”, zealously preserved and camouflaged by the present DA, for whom even 376 pages and 52 boxes filled with exculpatory information, were not enough to make her do the right thing until Anthony DiSimone’s attorneys put her back to the wall with the prospect that each and every one of those exculpating items would be exposed in open Federal Court in a hearing into a Writ of Habeas Corpus.
Despite attorney Debra Cohen’s spin, the simple truth is that the first five days of Richard DiGuglielmo’s 440.10 Hearing, lengthened mostly by Assistant DA Timothy Ward’s constant filibustering, calculated to obfuscate every issue, did, nonetheless, produce some remarkable testimony.
Mr. Michael Dillon, whose account shortly after the tragic incident on the evening of October 3, 1996, and some four days later, into the wee hours of October 8; and, some three more nights in between, not to mention the circumstances by which they were extracted from him, painted a picture of a police department on a mission to produce testimony that would support the district attorney’s self-serving, totally fictional, account of what had occured in the parking lot of the Venice Deli on Ashford Ave., in Dobbs Ferry. Dillon’s comment to Channel 4
News, “You see your father getting beat with a bat; you’re going to do something about it. So it was self-defense from where I saw it,” was so self-evident and clear, no one in the courtroom, least of all Judge Bellantoni, could reasonably accept the statement Dobbs Ferry Police pulled from him after yanking him from his job four nights in a row to interrogate him over and over, for three to four hours at a time, until they got what they wanted from him.
Then there was the testimony of Assistant DA Patricia Mary Murphy, one of the worst of the worst with regard to the mindless prosecution of innocent people, literally for sport. In years of watching her ply her evil trade, never had I seen her so nervous, so red-faced, so full of crap. She, who, 11 years ago, within 20 minutes of arrival at the scene, had already decided that Richard DiGuglielmo would be charged with murder, despite the fact that at least three eyewitnesses had stated that Charles Campbell, the assailant with the bat, had struck Officer DiGuglielmo’s middle-aged father twice, hard, with a metal baseball bat and was swinging again at the moment he was shot.
Ms. Murphy would have had the Court believe that she played no affirmative role in the direction the Dobbs Ferry Police went in their harassing and repetitive efforts to produce statements that would confirm her boss,
Jeanine Pirro’s, “race card fiction.”
Then there was Detective Lieutenant Guarnieri of the Dobbs Ferry Police, who could not explain to Judge Bellantoni how it was that on October 3rd he had four witnesses, all of whom were stating that the assailant,
Charles Campbell, was swinging the bat at the moment he was shot, and yet he, and Chief Longworth, were charging Officer DiGuglielmo with murder. Guarnieri came across as a very bad liar.
By Tuesday afternoon Judge Bellantoni had witnessed so much “notcredible” testimony, so many inconsistent and contradictory statements, that Michael Dillon’s testimony, despite his “malliable” persona, as described
by the Judge, was sufficiently compelling to convince him that he now needed to hear sworn testimony from James White, and, if possible, from Kevin O’Donnell, each of whom had originally testified to a self-defense
scenario.
With the suggestion that he was now considering bringing White and O’Donnell to Court, all Hell began to break loose at the DA’s table. One could almost smell the fear between ADAs Robert Sauer and Timothy
Ward as they now both began to take the strongest possible position with the Judge in opposition to his suggestion.
Finally, in desperation, they refused to call their next witness, DA Investigator Ed Murphy, who had been in the room at the Office of the Westchester District Attorney on August 11, 2007 when Michael Dillon, who
was called in, was told, amongst other things, by ADA Ward, “In 1996 it was a race issue,” and he, Dillon, “would be opening himself up again.” The truth is, the incident was about race only in the evil mind of Jeanine
Pirro; it would play better for her politically if she made up such a fiction. Within days of the incident Pirro would go to the media and press, claiming that she had 13 witnesses who had heard racial epithets. At trial, she couldn’t produce one.
It was never about race, it was about rage; Charles Campbell’s rage; the rage one of his former employers, who liked him, was referring to when he told me, several years later, “Charlie was funny like that; he’d pick a fight
with anyone at any time.” Charles Campbell would’ve met the same fate if he was Caucasian and beating Officer DiGuglielmo’s father with a metal baseball bat.
Wednesday morning showed Mr. Ward in his most arrogant and disrespectful mode. A session intended to iron out the details and scheduling of James White’s appearance, as well as possibly including the testimony of
DA Investigator Ed Murphy, previously withheld by ADA Ward on Tuesday as if in retaliation for the possibility that Judge Bellantoni would now be bringing Mr. White to Court to testify, was instead turned into a misguided
tirade.
Nobody in the courtroom was quite prepared for what Mr. Ward immediately launched into. He opened with, “I’ve been in the DAs Office for 22 years, and I have never brought a motion such as I am now bringing. The
proceedings have gone forward in a manner inconsistent with the statutory requirements of 440.10.”
Ward then went on and on, based upon a conversation he claimed he had had with Debra Cohen, essentially hearsay, in an effort to attack the integrity, judicial knowledge, and motives of Judge Bellantoni; accusing him of having had ex parte communication with Cohen, and improperly attempting to involve her in an amicus curiæ correspondence with the Court.
Using phrases such as, “deeply disturbing,” and “frustrating,” Ward, without benefit of deposition or signed affidavit, went completely ‘over the top’, ostensibly describing every detail of what he had been told by Cohen,
had transpired between herself and the Judge, as if he, Ward, had been in chambers with them.
Ward went further, “It would seem to suggest an appearance of impropriety and that Ms. Cohen would walk this conversation out to the (Campbell) family.”
Bellantoni, having given Ward enough rope to hang himself, attempted to reassure him and save him from himself, commenting, “If the purported events were true; but they are not.” But Ward, who was too far into his
accusatory mode, now pulled out every beef he had from the start of the hearing. Ward was willing to make a damned fool of himself, showing his true colors and his utter disrespect for both the Court and Due Process.
Tolerating about as much of Ward’s tirade as he could stand, attorney Schapiro now broke in with, “If I may be heard briefly, Your Honor, it’s been my experience throughout these proceedings that you have ruled against us as often as for us. If you had wanted to rule for us, we gave you ample opportunity.”
Then, addressing another serious allegation Ward had levelled, Schapiro said, “The Court didn’t ask ‘how do I get around Policano,’ but rather you asked me ‘how do you get around Policano?’”
Bellantoni now explained, “I was concerned about a family, the Campbells, that has gone unheard and who might have had the opportunity to express their thoughts.”
Neither Debra Cohen nor Randolph McLaughlin, her husband, were in the courtroom for the morning session. Bellantoni adjourned for lunch, reserving his decision on ADA Ward’s motion asking him to recuse himself,
until reconvening at 2pm.
Following lunch, Bellantoni announced, “I’ve considered the application during the break and the outrageous assertions.” The Judge then proceeded to give a comprehensive, text-book definition, of amicus curiæ including
several citations to leading authorities. Pausing, he then said, “I find Mr. Ward’s allegations shocking and unethical, based solely upon information provided by Ms. Cohen. He then formally denied Ward’s motion.
Debra Cohen’s, and Tim Ward’s, cheap scheme had failed miserably as well it should have. Justice would not be derailed, nor denied. James White was scheduled to appear Monday morning, December 3rd.
Richard Blassberg
By All Means, Let’s Open Pandora’s Box
Last Tuesday afternoon, November 27, following the fifth day of hearings before Westchester County Court Judge Rory J. Bellantoni, into the 440.10 Application of former New York City Transit Police Officer Richard
DiGuglielmo, Debra Cohen, attorney, and wife of attorney Randolph McLaughlin, told News 12, “They are retrying this case without any reasonable showing of why that should happen.” Of course, that comment could
not have been further from the truth. But, given the fact that Debra and her husband had represented William Campbell in the civil Wrongful Death trial that yielded $460,000, based essentially on the wrongful conviction of Officer DiGuglielmo for Depraved Indifference Murder, in his self-defense shooting of Charles Campbell 11
years ago, her assessment, her spin, was to be expected.
However, she also suggested before the camera, that DiGuglielmo, who has already served 10 years of a 20-year-to-life sentence for saving his middle-aged father’s life from a bat-wielding, body-building, enraged assailant, “should not be opening Pandora’s Box.” To that remark, I would reply that, in Westchester, Pandora’s
Box is the Office of the District Attorney; and, nothing would be better for the People of Westchester than to blow the lid off of it.
Coming on the heels of Anthony DiSimone’s exoneration, and release from prison, for the killing of Louis Balancio; a 13-year dastardly lie proffered by Jeanine Pirro, the 440.10 Hearing into the circumstances surrounding the changing of eyewitnesses’ statements to the Dobbs Ferry Police, under pressure from the
Westchester District Attorney’s Office, in the Richard DiGuglielmo case, threatens to bring down the evil office and lay bare the ugly truth.
Twelve years of psychopathic confabulations and prosecutions of opportunity by a conscienceless creature, assisted by numerous equally immoral assistants, capable of the worst imaginable prosecutorial misconduct in exchange for two paychecks a month, created an “Office from Hell”, zealously preserved and camouflaged by the present DA, for whom even 376 pages and 52 boxes filled with exculpatory information, were not enough to make her do the right thing until Anthony DiSimone’s attorneys put her back to the wall with the prospect that each and every one of those exculpating items would be exposed in open Federal Court in a hearing into a Writ of Habeas Corpus.
Despite attorney Debra Cohen’s spin, the simple truth is that the first five days of Richard DiGuglielmo’s 440.10 Hearing, lengthened mostly by Assistant DA Timothy Ward’s constant filibustering, calculated to obfuscate every issue, did, nonetheless, produce some remarkable testimony.
Mr. Michael Dillon, whose account shortly after the tragic incident on the evening of October 3, 1996, and some four days later, into the wee hours of October 8; and, some three more nights in between, not to mention the circumstances by which they were extracted from him, painted a picture of a police department on a mission to produce testimony that would support the district attorney’s self-serving, totally fictional, account of what had occured in the parking lot of the Venice Deli on Ashford Ave., in Dobbs Ferry. Dillon’s comment to Channel 4
News, “You see your father getting beat with a bat; you’re going to do something about it. So it was self-defense from where I saw it,” was so self-evident and clear, no one in the courtroom, least of all Judge Bellantoni, could reasonably accept the statement Dobbs Ferry Police pulled from him after yanking him from his job four nights in a row to interrogate him over and over, for three to four hours at a time, until they got what they wanted from him.
Then there was the testimony of Assistant DA Patricia Mary Murphy, one of the worst of the worst with regard to the mindless prosecution of innocent people, literally for sport. In years of watching her ply her evil trade, never had I seen her so nervous, so red-faced, so full of crap. She, who, 11 years ago, within 20 minutes of arrival at the scene, had already decided that Richard DiGuglielmo would be charged with murder, despite the fact that at least three eyewitnesses had stated that Charles Campbell, the assailant with the bat, had struck Officer DiGuglielmo’s middle-aged father twice, hard, with a metal baseball bat and was swinging again at the moment he was shot.
Ms. Murphy would have had the Court believe that she played no affirmative role in the direction the Dobbs Ferry Police went in their harassing and repetitive efforts to produce statements that would confirm her boss,
Jeanine Pirro’s, “race card fiction.”
Then there was Detective Lieutenant Guarnieri of the Dobbs Ferry Police, who could not explain to Judge Bellantoni how it was that on October 3rd he had four witnesses, all of whom were stating that the assailant,
Charles Campbell, was swinging the bat at the moment he was shot, and yet he, and Chief Longworth, were charging Officer DiGuglielmo with murder. Guarnieri came across as a very bad liar.
By Tuesday afternoon Judge Bellantoni had witnessed so much “notcredible” testimony, so many inconsistent and contradictory statements, that Michael Dillon’s testimony, despite his “malliable” persona, as described
by the Judge, was sufficiently compelling to convince him that he now needed to hear sworn testimony from James White, and, if possible, from Kevin O’Donnell, each of whom had originally testified to a self-defense
scenario.
With the suggestion that he was now considering bringing White and O’Donnell to Court, all Hell began to break loose at the DA’s table. One could almost smell the fear between ADAs Robert Sauer and Timothy
Ward as they now both began to take the strongest possible position with the Judge in opposition to his suggestion.
Finally, in desperation, they refused to call their next witness, DA Investigator Ed Murphy, who had been in the room at the Office of the Westchester District Attorney on August 11, 2007 when Michael Dillon, who
was called in, was told, amongst other things, by ADA Ward, “In 1996 it was a race issue,” and he, Dillon, “would be opening himself up again.” The truth is, the incident was about race only in the evil mind of Jeanine
Pirro; it would play better for her politically if she made up such a fiction. Within days of the incident Pirro would go to the media and press, claiming that she had 13 witnesses who had heard racial epithets. At trial, she couldn’t produce one.
It was never about race, it was about rage; Charles Campbell’s rage; the rage one of his former employers, who liked him, was referring to when he told me, several years later, “Charlie was funny like that; he’d pick a fight
with anyone at any time.” Charles Campbell would’ve met the same fate if he was Caucasian and beating Officer DiGuglielmo’s father with a metal baseball bat.
Wednesday morning showed Mr. Ward in his most arrogant and disrespectful mode. A session intended to iron out the details and scheduling of James White’s appearance, as well as possibly including the testimony of
DA Investigator Ed Murphy, previously withheld by ADA Ward on Tuesday as if in retaliation for the possibility that Judge Bellantoni would now be bringing Mr. White to Court to testify, was instead turned into a misguided
tirade.
Nobody in the courtroom was quite prepared for what Mr. Ward immediately launched into. He opened with, “I’ve been in the DAs Office for 22 years, and I have never brought a motion such as I am now bringing. The
proceedings have gone forward in a manner inconsistent with the statutory requirements of 440.10.”
Ward then went on and on, based upon a conversation he claimed he had had with Debra Cohen, essentially hearsay, in an effort to attack the integrity, judicial knowledge, and motives of Judge Bellantoni; accusing him of having had ex parte communication with Cohen, and improperly attempting to involve her in an amicus curiæ correspondence with the Court.
Using phrases such as, “deeply disturbing,” and “frustrating,” Ward, without benefit of deposition or signed affidavit, went completely ‘over the top’, ostensibly describing every detail of what he had been told by Cohen,
had transpired between herself and the Judge, as if he, Ward, had been in chambers with them.
Ward went further, “It would seem to suggest an appearance of impropriety and that Ms. Cohen would walk this conversation out to the (Campbell) family.”
Bellantoni, having given Ward enough rope to hang himself, attempted to reassure him and save him from himself, commenting, “If the purported events were true; but they are not.” But Ward, who was too far into his
accusatory mode, now pulled out every beef he had from the start of the hearing. Ward was willing to make a damned fool of himself, showing his true colors and his utter disrespect for both the Court and Due Process.
Tolerating about as much of Ward’s tirade as he could stand, attorney Schapiro now broke in with, “If I may be heard briefly, Your Honor, it’s been my experience throughout these proceedings that you have ruled against us as often as for us. If you had wanted to rule for us, we gave you ample opportunity.”
Then, addressing another serious allegation Ward had levelled, Schapiro said, “The Court didn’t ask ‘how do I get around Policano,’ but rather you asked me ‘how do you get around Policano?’”
Bellantoni now explained, “I was concerned about a family, the Campbells, that has gone unheard and who might have had the opportunity to express their thoughts.”
Neither Debra Cohen nor Randolph McLaughlin, her husband, were in the courtroom for the morning session. Bellantoni adjourned for lunch, reserving his decision on ADA Ward’s motion asking him to recuse himself,
until reconvening at 2pm.
Following lunch, Bellantoni announced, “I’ve considered the application during the break and the outrageous assertions.” The Judge then proceeded to give a comprehensive, text-book definition, of amicus curiæ including
several citations to leading authorities. Pausing, he then said, “I find Mr. Ward’s allegations shocking and unethical, based solely upon information provided by Ms. Cohen. He then formally denied Ward’s motion.
Debra Cohen’s, and Tim Ward’s, cheap scheme had failed miserably as well it should have. Justice would not be derailed, nor denied. James White was scheduled to appear Monday morning, December 3rd.
A Clarification
In the Advocate column of November 22, 2007, there appeared the following sentence:
“Ironically, those crimes for which Jeanine Pirro has, no doubt, already been indicted, notwithstanding her once chief detractor, now turned defense attorney, William Aaronwald’s protestations to the contrary, will not, when
revealed, be the offenses for which she most deserves to go to prison.”
That statement contained in a column, was not intended to convey hard news with respect to Mrs. Pirro’s present legal status under federal investigation. Specifically, the words “has no doubt, already been indicted,”
were merely speculative; coming as they did in an opinionated column, and preceded by cautions regarding assumptions conveyed by United States Attorney Garcia.
Obviously, there is no concrete information to this point that, in fact, former District Attorney Jeanine Pirro has actually been indicted, despite the fact that she reportedly continues to be investigated by federal authorities.
– Ed.
In the Advocate column of November 22, 2007, there appeared the following sentence:
“Ironically, those crimes for which Jeanine Pirro has, no doubt, already been indicted, notwithstanding her once chief detractor, now turned defense attorney, William Aaronwald’s protestations to the contrary, will not, when
revealed, be the offenses for which she most deserves to go to prison.”
That statement contained in a column, was not intended to convey hard news with respect to Mrs. Pirro’s present legal status under federal investigation. Specifically, the words “has no doubt, already been indicted,”
were merely speculative; coming as they did in an opinionated column, and preceded by cautions regarding assumptions conveyed by United States Attorney Garcia.
Obviously, there is no concrete information to this point that, in fact, former District Attorney Jeanine Pirro has actually been indicted, despite the fact that she reportedly continues to be investigated by federal authorities.
– Ed.
The Court Report
By Richard Blassberg
Federal Government Interdicting Colombian Drug Pipeline At Both Ends
Colombian Police Officers, Airline Employees Arrested For Facilitating Shipments Of Heroin On Flights To New York City U.S. Arrests Colombian Police Officers and Airline Employees For Facilitating Shipments Of Heroin On Commercial Flights Into New York City.
MICHAEL J. GARCIA, the United States Attorney for the Southern District of New York, and JOHN P. GILBRIDE, the Special Agent-in-Charge of the New York Office of the United States Drug Enforcement Administration, announced today that five individuals, including Colombian law enforcement and airport and airline personnel, were arrested today in Colombia on a provisional arrest warrant issued by Colombian authorities in connection with charges filed in Manhattan federal court of conspiracy to import heroin into the United States. Three others, including two Colombian law enforcement officials, were previously arrested as part
of the same investigation. According to the Indictment unsealed today in Manhattan federal court:
From August 2006, if not earlier, HUMBEIRO CARVAJALMONTOYA led a drug trafficking organization that smuggled heroin into the United States from Colombia through the Jose Maria Cordoba International Airport in Medellin, Colombia. The CARVAJAL-MONTOYA Organization included law enforcement officials and airport
and airline personnel who facilitated the export heroin through Medellin Airport. Couriers for the Organization smuggled heroin into the United States inside layers of clothing, within the linings of suitcases and handbags, beneath false bottoms of suitcases, inside computers, and inside international cargo, among other means. Organization couriers traveled atleast once a month from the Medellin area to New York City, each time carrying
between several hundred grams to several kilograms of heroin at a time. Seizures from five different couriers, including defendant NATALIE RIOS-CANO, who traveled or were scheduled to travel on Avianca Airlines from Medellin to New York City, are specified in the Indictment.
The defendants arrested today were HUMBEIRO CARVAJALMONTOYA himself, as well as his wife and partner, DIANA LOPEZ; Colombian National Police of- ficer MANUEL JULIAN LOPEZ-NAIZZIR, a/k/a “El Costeño,” a/k/a “El Costeñito,” who was assigned to the Airport Police Unit; Medillin Airport security supervisor GERMAN SOTO-VILLA, who worked in the duty free zone; and Avianca employee ELKIN FERNANDO DAZA-RIOS, who worked in the international cargo facility.
Two other Colombian National Police officers assigned to the Airport Police Unit, JULIAN DARIO HENAO-VERGARA and HENRY ALBERTO TOBON-CADAVID, as well as courier NATALIE RIOS-CANO, were previously arrested. The Indictment charges the defendants with a single count of conspiracy to import one kilogram and more of heroin. The defendants are currently in the custody of Colombian authorities and proceedings to extradite them to the United States to stand trial on the Indictment have commenced. The conspiracy charge in the Indictment carries a mandatory minimum sentence of ten years in prison and a maximum
sentence of life imprisonment, although the maximum sentence may be subject to certain limitations pursuant to extradition procedures between the United States and Colombia.
The investigation was led by the New York Drug Enforcement Task Force, including DEA Special Agents in the New York Field Division and Bogota Country Offices, New York Police Department Detectives and New York State Police Investigators. Mr. GARCIA praised the Task Force and its members for its work in this case, and thanked Avianca Airlines for its assistance in uncovering the conspiracy.
The prosecution is being handled by the Office’s International Narcotics Trafficking Unit. Assistant United States Attorneys KEVIN R. PUVALOWSKI and SARAH LAI are in charge of the prosecution. The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Former NYC Police Officer Sentenced To 10 Years For Narcotics Trafficking
Former N.Y.P.D. Officer Sentenced To Ten Years In Prison For Narcotics Trafficking
MICHAEL J. GARCIA, the United States Attorney for the Southern District of New York, announced that JOSE TORRADO, a former New York City Police Officer, was sentenced today by United States District
Judge SHIRLEY WOHL KRAM in Manhattan Federal Court to 120 months in prison. On March 19, 2007, TORRADO pleaded guilty to participating in a narcotics trafficking conspiracy. According to the felony
Information to which TORRADO pleaded guilty, statements made during his guilty plea proceeding, and other documents filed in Manhattan federal court:
TORRADO was an officer in the New York City Police Department’s Transit Bureau from July 2001 until November 2006, when he resigned as a result of this case. From about 2002 to September 2005,
TORRADO helped his brother, EDWIN TORRADO, distribute large quantities of cocaine and marijuana in the New York City metropolitan area. EDWIN TORRADO pleaded guilty to narcotics trafficking charges in 2006 in a related case brought by the United States Attorney’s Office. EDWIN TORRADO was arrested in September 2005, along with several other defendants, when agents from the Department of Homeland Security’s United States Immigration and Customs Enforcement (“ICE”) seized approximately 135 kilograms of cocaine that were hidden in a false wall of a truck in the Bronx. The investigation subsequently uncovered an extensive drug trafficking network in which hundreds of kilograms of cocaine and marijuana were smuggled into Texas
from Mexico and then hidden in trucks and driven to the Bronx and Manhattan.
While he was an active NYPD officer, JOSE TORRADO helped his brother EDWIN TORRADO pick up and distribute cocaine and marijuana. JOSE TORRADO also went with his brother to pick up cash proceeds of drug sales. At times, JOSE TORRADO carried a weapon with him while delivering the narcotics. to 5 years of
supervised release.
Mr. GARCIA praised the investigative work of the Department of Homeland Security’s U.S. Immigrations and Customs Enforcement. Assistant United States Attorneys JASON P.W. HALPERIN and BRENDAN R. MCGUIRE are in charge of the prosecution.
By Richard Blassberg
Federal Government Interdicting Colombian Drug Pipeline At Both Ends
Colombian Police Officers, Airline Employees Arrested For Facilitating Shipments Of Heroin On Flights To New York City U.S. Arrests Colombian Police Officers and Airline Employees For Facilitating Shipments Of Heroin On Commercial Flights Into New York City.
MICHAEL J. GARCIA, the United States Attorney for the Southern District of New York, and JOHN P. GILBRIDE, the Special Agent-in-Charge of the New York Office of the United States Drug Enforcement Administration, announced today that five individuals, including Colombian law enforcement and airport and airline personnel, were arrested today in Colombia on a provisional arrest warrant issued by Colombian authorities in connection with charges filed in Manhattan federal court of conspiracy to import heroin into the United States. Three others, including two Colombian law enforcement officials, were previously arrested as part
of the same investigation. According to the Indictment unsealed today in Manhattan federal court:
From August 2006, if not earlier, HUMBEIRO CARVAJALMONTOYA led a drug trafficking organization that smuggled heroin into the United States from Colombia through the Jose Maria Cordoba International Airport in Medellin, Colombia. The CARVAJAL-MONTOYA Organization included law enforcement officials and airport
and airline personnel who facilitated the export heroin through Medellin Airport. Couriers for the Organization smuggled heroin into the United States inside layers of clothing, within the linings of suitcases and handbags, beneath false bottoms of suitcases, inside computers, and inside international cargo, among other means. Organization couriers traveled atleast once a month from the Medellin area to New York City, each time carrying
between several hundred grams to several kilograms of heroin at a time. Seizures from five different couriers, including defendant NATALIE RIOS-CANO, who traveled or were scheduled to travel on Avianca Airlines from Medellin to New York City, are specified in the Indictment.
The defendants arrested today were HUMBEIRO CARVAJALMONTOYA himself, as well as his wife and partner, DIANA LOPEZ; Colombian National Police of- ficer MANUEL JULIAN LOPEZ-NAIZZIR, a/k/a “El Costeño,” a/k/a “El Costeñito,” who was assigned to the Airport Police Unit; Medillin Airport security supervisor GERMAN SOTO-VILLA, who worked in the duty free zone; and Avianca employee ELKIN FERNANDO DAZA-RIOS, who worked in the international cargo facility.
Two other Colombian National Police officers assigned to the Airport Police Unit, JULIAN DARIO HENAO-VERGARA and HENRY ALBERTO TOBON-CADAVID, as well as courier NATALIE RIOS-CANO, were previously arrested. The Indictment charges the defendants with a single count of conspiracy to import one kilogram and more of heroin. The defendants are currently in the custody of Colombian authorities and proceedings to extradite them to the United States to stand trial on the Indictment have commenced. The conspiracy charge in the Indictment carries a mandatory minimum sentence of ten years in prison and a maximum
sentence of life imprisonment, although the maximum sentence may be subject to certain limitations pursuant to extradition procedures between the United States and Colombia.
The investigation was led by the New York Drug Enforcement Task Force, including DEA Special Agents in the New York Field Division and Bogota Country Offices, New York Police Department Detectives and New York State Police Investigators. Mr. GARCIA praised the Task Force and its members for its work in this case, and thanked Avianca Airlines for its assistance in uncovering the conspiracy.
The prosecution is being handled by the Office’s International Narcotics Trafficking Unit. Assistant United States Attorneys KEVIN R. PUVALOWSKI and SARAH LAI are in charge of the prosecution. The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Former NYC Police Officer Sentenced To 10 Years For Narcotics Trafficking
Former N.Y.P.D. Officer Sentenced To Ten Years In Prison For Narcotics Trafficking
MICHAEL J. GARCIA, the United States Attorney for the Southern District of New York, announced that JOSE TORRADO, a former New York City Police Officer, was sentenced today by United States District
Judge SHIRLEY WOHL KRAM in Manhattan Federal Court to 120 months in prison. On March 19, 2007, TORRADO pleaded guilty to participating in a narcotics trafficking conspiracy. According to the felony
Information to which TORRADO pleaded guilty, statements made during his guilty plea proceeding, and other documents filed in Manhattan federal court:
TORRADO was an officer in the New York City Police Department’s Transit Bureau from July 2001 until November 2006, when he resigned as a result of this case. From about 2002 to September 2005,
TORRADO helped his brother, EDWIN TORRADO, distribute large quantities of cocaine and marijuana in the New York City metropolitan area. EDWIN TORRADO pleaded guilty to narcotics trafficking charges in 2006 in a related case brought by the United States Attorney’s Office. EDWIN TORRADO was arrested in September 2005, along with several other defendants, when agents from the Department of Homeland Security’s United States Immigration and Customs Enforcement (“ICE”) seized approximately 135 kilograms of cocaine that were hidden in a false wall of a truck in the Bronx. The investigation subsequently uncovered an extensive drug trafficking network in which hundreds of kilograms of cocaine and marijuana were smuggled into Texas
from Mexico and then hidden in trucks and driven to the Bronx and Manhattan.
While he was an active NYPD officer, JOSE TORRADO helped his brother EDWIN TORRADO pick up and distribute cocaine and marijuana. JOSE TORRADO also went with his brother to pick up cash proceeds of drug sales. At times, JOSE TORRADO carried a weapon with him while delivering the narcotics. to 5 years of
supervised release.
Mr. GARCIA praised the investigative work of the Department of Homeland Security’s U.S. Immigrations and Customs Enforcement. Assistant United States Attorneys JASON P.W. HALPERIN and BRENDAN R. MCGUIRE are in charge of the prosecution.
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