Westchester Guardian/Larry Schwartz/In Our Opinion/Our Readers Respond.

Thursday, January 29, 2009.

In Our Opinion...

Let Us Pray For Larry And
The People Of New York State


There can be little doubt that Andy Spano will not be running for a fourth stint as Westchester County Executive come November. Andy would be the first to acknowledge that before his Svengali, Larry Schwartz, came into his life, from Suffolk County, he couldn’t get elected dogcatcher. In fact, he once intimated that he had lost 11 elections in a row.

Having announced his resignation from his position as Deputy County Executive, effective February 2nd, in order to accept the position of First Deputy Secretary to Governor David Paterson, Larry Schwartz has made a far more compelling statement about Andy’s political future than about his own.

Over the past two and a half years, Mr. Schwartz has been the subject of any number of articles in The Guardian. And those who have read our publication, with even moderate frequency, will recall that we suggested his resignation, or dismissal, on more than one occasion. Those suggestions were never personal, despite the fact that he made it clear he viewed them that way.

We never took issue with Mr. Schwartz when he told slow-moving, elderly drivers in front of him that he was “the most powerful person in County government.” We merely took issue with his legendary heavy-handedness, his rigging and fixing of elections, even including judgeships, his participation in fraudulent schemes such as the one involving then-County Clerk Len Spano, his son, State Sen. Nick Spano, a County police officer in the pistol permit unit as well as Commissioner Tom Belfiore and a $100,000 grant to that unit that was, instead, used to provide a personal chauffer for Len Spano.

We will always wonder if the .357 Magnum that killed New York City Police Officer Daniel Enchautegui in the hands of Steven Armento might have been retrieved from Armento’s deceased father’s home had the grant to the Pistol Unit not been diverted.

We are not going to be heard singing “We hate to see you go, we hate to see you go, we hope to heck you never... .”

We will simply observe that Mr. Schwartz was highly competent, tireless worker whose energies and intelligence would have been more beneficially enjoyed by the public he was employed to serve had it not been for his power-lust and deadly vindictiveness. For his own sake, and the well-being of the People of New York State, we sincerely wish Mr. Schwartz well in his new endeavor, and pray for his ability, and willingness, to respond to his “better angels”, more often than not, in Albany.

Amen.

Our Readers Respond....

Re: Paul Cote


Dear Editor:

The U.S. court system never ceases to amaze me. How the guilty and dangerous can be acquitted, and the righteous and harmless can get convicted, all based on technicalities and the interplay of words, is simply fascinating!

It is no wonder Americans are progressively losing respect for their court system. The case of Paul Cote is no exception. I am yet to understand how the case of two thieves smearing the blue uniforms that they swore to uplift as police officers (and the uniforms of all the other valiant heroes that protect our society on a daily basis, for that matter) by performing criminal activities robbing drug dealers (the Acosta case), compares, and sets a precedent, to the case of a brave man who wore his uniform with the respect it deserves, loving son, father and husband, who risked his life for twelve years as a correction officer, fulfilling his duty with an exemplary conduct both at work and in the
society he contributed to protect. I simply do not see the connection.

Mr. Cote is in this predicament due to a very unfortunate incident. A very unfortunate incident which occurred while attempting to defend a fellow officer while feeling threatened for his life and the life of the other officers, hence responding under a fight or fly mental defense
mechanism (with all its physical and psycho-social influences know to science). An unfortunate incident which very murky circumstances were never clarified under the court of law and which involved other officers who under a worse set of circumstances (being appointed as the ones causing the most and the most dangerous bodily injuries on the out of control, mentally ill, obviously dangerous inmate) were, somehow, protected and absolved of responsibility.

Incident which conviction was overturned by a righteous judge of this court system, the late Honorable Judge Brieant, whose expertise after serving in this court system for 37 years and decision were deemed insignificant. Unfortunate incident indeed, which exposed so many wrongdoings in our society and court system!

Despite the flaws of this amazing court system, being manipulated by very imperfect, ill-intended human beings, I still have faith in justice. I am confident that the very progressive Honorable Judge Karas will be able to see clearly and divide the intent of man’s heart and acknowledge
all of Mr. Cote’s losses, for merely responding to the call of duty, and the need of a fellow officer under attack, and the very unfortunate incident resulting from this.

Mrs. Prado, Mount Vernon


Re: Paul Cote

Dear Editor:


With reference to the articles “First Amendment Retaliation at Contaminated State And Federal Prosecutions” published on Jan. 8, 2009 and “Framed Former County Correction Officer Remanded To Jail, Awaiting Sentencing” published on Jan. 15, 2009, both regarding Westchester
County Correction Officer Paul Cote, I would like to give my support for this man and his family. In reading the wonderfully detailed reports of the situation, I found myself wondering, “How much more can this family endure?” The sincerity and honesty of the writer prompted me to write this letter.

Lucy Uomoleale
Mount Vernon


Re: Paul Cote

Dear Editor:


I am writing in response to your article dated 1/8/09 entitled, “First Amendment Retaliation that Contaminated State And Federal Prosecutions”. I feel your article addresses pertinent information that should deeply be considered in cases such as Paul Cote. This, unlike
many cases, shows a course of events that ultimately leads to horrific results for such parties involved and their families.

The details brought out in your article show unfortunate acts that took place while appropriate protocol was followed. Your article shows that there is more to this conviction than meets the eye. Implicating and framing a person should never be tolerated as it can destroy the lives of many people.

I applaud Mr. Blassberg for stating necessary facts that require reflection to this case. Hopefully it will help to put an end to this very long hardship for Paul Cote who has paid for this in every way possible.

Carol Del Guidice
Mahopac


A Weakly Opinion

Dear Editor:


I found Ioanna Burgos’ recent article in The Guardian depressing since I’m not in favor of that increase here. I’m not Latin or Mexican, so my immigrant views may be quite unpopular. I’d want more Asian, Italian, or possibly Greek, people here instead. They could be more respectful and friendly and more open to “our” language.

I strongly dislike Latino/Mexican men.

A Weekly Reader

In Our Opinion...

Judge Nicolai Makes The Right Call

We believe Administrative Judge, Francis Nicolai has made the right call involving a most contentious Westchester matter, the issuance of pistol permits. For many months Deputy County Executive Larry Schwartz,
notorious for his insatiable appetite for power, has been attempting to wrestle control over the pistol permit application process from elected, accountable, County and Supreme Court Judges.

As things currently stand, applicants for handgun permits must first obtain the necessary forms, and submit them, together with the applicable fee to the County Clerk, Tim Idoni. Once received by the Clerk’s Office they are
processed and turned over to the Pistol Permit Unit of the County Department of Public Safety, an agency headed by Commissioner Tom BelFiore, an appointee under the total control of Larry Schwartz.

Ostensibly, the County Police, through their BCI unit, having access to any criminal and/or other information that might reflect negatively upon an applicant’s suitability to carry a handgun, then proceed to make their report, and possible recommendation, to the court assigned the application. Of late, Mr. Schwartz has brought a great deal of acrimony to the process, whining that some judges were supposedly granting permits without getting information from the County Police, and implying that some individuals with criminal records, and others who lied on their applications, might have been granted licenses.

The County Legislature, several months ago, refused to get behind an effort instigated, and heavily lobbied for, by Schwartz, that sought to put a legislative proposal before the State Legislature essentially designed to shift
the decision-making authority over the issuance of the permits from the Judiciary - accountable and appealable - to appointees under the control of the County Executive’s Office, essentially Larry Schwartz.

Judge Nicolai, to his credit, has shown no reluctance to take on Schwartz, stating recently he was considering the establishment of a special “Pistol Licensing Court” which would streamline the whole procedure and create consistency in decision-making. He indicated that he will be speaking with the judges who would be involved.
At issue here are two very fundamental Constitutional guarantees: Firstly, the right of citizens to bear arms under the Second Amendment, which must not be infringed upon, nor fettered by a politically-motivated machinery
the like of which Schwartz has been advocating. And, secondly, the Separation of Powers Doctrine, that would be clearly violated if the authority to issue the permits, historically vested in the Judiciary, were to be usurped
by the Executive.

Again, We applaud Judge Nicolai’s willingness to go toe-to-toe with Larry Schwartz, in defense of both the County, and State Legislatures’ wisdom in leaving the authority to issue pistol permits in the hands of elected judges. We suspect, however, based upon his past performances, that the last moan has not been heard from

Article on Mike Gianatasio/Larry Schwartz:

Mike Gianatasio, Independent Candidate For County Legislator, District Three, Rejects Corrupt Larry Schwartz
Schwartz Never Saw An Election He Didn’t think He Could Fix

A little more than a week ago Mike Gianatasio, Independent candidate for County Legislator, from District ree, and resident of Armonk, received a phone call from Peter Fiumefredo, Democratic Chairman from
the Town of Mount Pleasant. Fiumefredo, carrying water for Deputy County Executive Larry Schwartz, informed Gianatasio that Larry was getting John Nonna, his Democratic opponent, the Independence Party line. Fiumefredo advised him to get in contact with Nonna.

Not wishing to have anything to do with the corrupt Deputy County Executive or any of his schemes, Gianatasio said, “Tell Larry he can take a hike.”Mike, President of Michael R. Gianatasio Professional Engineering
Services of Yonkers, resides in Armonk with his wife Penny and their three children, Maria 6, Anthony 4, and Yanna, who will celebrate her - rst birthday on July 4th. Mike calls her his “Independence Baby.”

Mike, a graduate of Manhattan College, told the Guardian that he is running for the County Legislature because he believes he can make a positive difference working with the issues that confront the communities in District
three, North Castle, his own town, Mount Pleasant, West Harrison, Briarcliff Manor and North Greenburgh. He declared, “Certain issues affecting every community in Westchester, including the need for fiscal responsibility, elimination of Medicaid Fraud, cutting down the size of County Government, and many quality-of-life issues, could be dealt with more effectively.”

He acknowledged that each community has specific concerns as well, citing the anxiety of Mount Pleasant residents regarding the Valhalla Campus with its homeless shelter, inadequate neighborhood police patrols, and
traffic problems. Turning to his own town, he expressed his desire to bring about a resolution to the problems of Quarry Heights, with its failed septics, declaring, “We need a compromise, working with the Feds, the State,
and New York City Department of Environmental Protection to create a workable and affordable sewer district.” He went on, “We need to work with the State Highway Department to resolve some of the more serious problems of Route 22, particularly pedestrian and bicycle safety.”

Then, directing his attention to the southern tip of District three, Gianatasio said, “ The single biggest concern in West Harrison involves code enforcement, the many illegal two- and three-family houses, that need to
be reclassified and reassessed.” He went on to point out that in addition to the lost tax revenue that needs to be claimed for the good of the community, there are several safety issues posed by the illegal multi-family units,
needing to be addressed. Mike said that he looks forward, upon election to the County Legislature, to bringing his knowledge and experience as a professional engineer into play in assisting, and working with other legislators
to bring about needed changes and solutions.

Article on Giulio Cavallo:

Cavallo, ‘Missing in Action’, Nevertheless Reappointed To County Public Safety Board

Despite being virtually AWOL from public functions, Giulio Cavallo, embattled former Chairman of
the Westchester Independence Party, was recently re-appointed as a Commissioner to the Westchester
County Public Safety Board by County Executive Andy Spano, and approved by the County Board of
Legislators.

Observers are questioning what credentials Mr. Cavallo possesses to act as an overseer of the County
Police. His relationship with Larry Schwartz and the Pistol Permit Unit have been resurfacing. Some
are asking, “How safe is the public?”

Cavallo, whose financial filings with the State Election Commission have come into question with regard to the legitimacy of expenditures and the shu ing of funds between the Independence Party and the Independence Club, has been avoiding scrutiny and accountability, both publicly and privately. Having attempted to silence The Westchester Guardian with the filing of a $25 million lawsuit several months ago, he has resisted attempts
to depose him, and has been virtually unavailable ever since.

As the result of his failure to submit to deposition, legal counsel for the Guardian has begun sending subpoenas to judges and public officials who received Cavallo’s endorsement over the past several years to determine the circumstances with regard to the exchange of funds.

In Our Opinion...

It’s Time Westchester Law Enforcement Enters The 21st Century

Notwithstanding Deputy County Executive Larry Schwartz, who certainly will concur in the recommendation We now make, if for no other reason than to tremendously expand his sphere of influence, the Rene Perez tragedy, for all of the lessons that will surely emerge from it, from its inception, has made yet another cogent argument for a long-needed Westchester Countywide Police Department.

Clearly the ‘border-dumping’ practice employed by both the Bedford Town, and Mount Kisco Village, Police Departments on the evening of April 28th, that appears, at the very least, to have directly contributed to Rene Perez’ death, would immediately be obviated once the 42 city, town, and village police departments that currently carve up the jurisdiction, collectively known as Westchester County, would be consolidated into one countywide police force.

The patchwork of departments, not including the State Police, and the County Police, that now divide the policing of just under one million Westchester residents, is archaic and duplicative to say the least. Additionally, there are “too many Chiefs, and not enough Indians.” No reasonable individual would argue that there wouldn’t be considerable savings to taxpayers with the elimination of multiple-duplication. Nassau County, some seven miles across Long Island Sound, with 1.3 million residents as compared with Westchester’s just under one million, employs approximately 2,700 County Police Officers working from eight precincts. And, while it is true that some 19 village police departments have continued to function, for the most part, all major felonies, and all major emergencies are responded to by the Nassau County Police.

Without question, if all active personnel in all of the police departments in Westchester County were brought under the command of one countywide department, and the County was divided into eight, or possibly ten, precincts, there would immediately be more officers on the street, more on the roads, and in places of public
accommodation and transportation. Emergency equipment, as well as high technology, would be more readily accessible in all parts of the County, and together with manpower, would be more effectively and efficiently deployed than can presently be accomplished.

As importantly, under one command, one standard of training, and performance, the level of professionalism and excellence with which police officers everywhere in the County would deal with citizens would naturally rise, and
the kind of cronyism and local politics presently so pervasive in most existing local departments would be curtailed and ultimately eliminated. Additionally, the District Attorney’s Office would be held to an equal standard across the board, and the chances of bullying one police department or another, as Jeanine Pirro did for twelve years, would be virtually eliminated. There would be fewer Jeffrey Deskovic, Anthony DiSimone, Jing Kelly, and Richard DiGuglielmo cases, fewer malicious prosecutions, as prosecutors would be held to a higher, more uniform, standard as well.

Yes, for every good reason it’s time law enforcement in Westchester County steps into the Twenty-First Century. The residents and taxpayers deserve both the Constitutional, and financial benefits that will accrue. Perhaps the County Legislature will be willing to establish a committee to explore the potential feasibility,
and benefits of such a consolidation in the near future. Surely, an information campaign, and a referendum placed before County residents, might be constructive. In any event, the whole process is likely to take some time, and the likelihood that Larry Schwartz might still be controlling the reins of County government is very remote, indeed.

In Our Opinion...

County Legislators Refuse To Be Stampeded

We applaud the decision by the County Board of Legislators, under Chairman Bill Ryan, to retain independent counsel to evaluate the feasibility of bringing a successful civil action against KPMG Peat Marwick, LLP, as has been strongly urged by the County Executive’s Office recently. Any such court action would, of course, require the County Legislature to sign off.

County Executive Andrew Spano, based on data compiled by Larry Schwartz, and legal assessments from the law firm Nixon Peabody, has been actively promoting the notion that County taxpayers might recover as much as $200 million from KPMG Peat Marwick because they, allegedly, repeatedly failed to warn the County of problems with the accounting practices employed in-house at the Westchester County Medical Center between 1998 and 2004.

Deputy County Executive Larry Schwartz, several weeks ago, suggested that the well-known accounting firm had been derelict in its duty to inform the County, which guarantees several hundred million dollars of the hospital’s debt, that certain flawed accounting practices might have been misleading, and more encouraging to underwriters, than was warranted. Some observers have expressed doubt that Mr. Schwartz could have been misled, or working under any misunderstanding regarding the Medical Center’s financial health given the publicity attendant to their long-standing financial crisis, and their need for repeated monetary transfusions over the past several years, virtually teetering on the brink of bankruptcy a few years ago.

We appreciate Chairman Bill Ryan’s measured and thoughtful response to Larry Schwartz’ hustle to try to get the legislators on board. Perhaps Ryan, and the other legislators, are experiencing a little difficulty swallowing
the notion that Larry, controlling as he is in all aspects, would somehow be left in the dark regarding the financial health and circumstances of the Medical Center. We certainly would understand if they found his position a little out of character, and somewhat disingenuous.

After all, it’s not as though the County Executive’s Office could have been out of touch with the operational and financial day-to-day realities at the Medical Center, given the fact that Mr. Spano has made several appointments
to the Board of Directors, including its chairman Richard Berman, since 1998, and throughout the period in question. And, clearly, there was reason enough to have justified independent audits given the mismanagement and financial miscues that required repeated bailouts, and, ultimately, the resignation of several top administrators, including Executive Vice President Marilyn Slaaten.

Finally, given the fact that the Medical Center’s administration has announced that they will not be joining in any action to recover money from their former accounting firm, having been advised by counsel that their case would be weak, the Legislature and Chairman Ryan’s hesitation to jump into litigation is both prudent and reasonable. The $20,000 they have agreed to spend for an independent evaluation by Lowey-Dannenberg, a law firm with a great deal of experience in litigation involving accounting firms, is money well spent.

In Our Opinion.

It’s Time To Pull The Plug On Larry Schwartz

It has come to our attention that the Westchester County Commissioner of Public Safety, Tom Belfiore, has been supplying Deputy County Executive Larry Schwartz with police intelligence, BCI Reports, on applicants for pistol permits, and other County residents. If true, the practice is not lawful, and constitutes an unacceptable
conspiracy, and usurping of powers by two public employees, neither of which are directly answerable to the public, and one of whom serves at the pleasure of the other. Sure, both were appointed by County Executive Andy Spano. And he, ostensibly, is answerable to the voters.

However, everyone knows Larry is the real County Executive. And, that situation is not healthy for decent, law-abiding citizens, whether applicants for a Pistol Permit, or not, because Larry’s lust for power and control knows no limit. From his perch on the ninth floor of the County Office Building, he has controlled Westchester County
Government, in all three of its branches: the Executive, of course; the Legislative, by it’s purse strings, with all of the funds raised from Democrats going into Andy’s campaign coffers for distribution as Larry sees fit; and the Judicial, similarly, historically in collaboration with individuals such as Guilio Cavallo, Nick Spano, and Jeanine
Pirro corruptly controlling the nomination and election process.

Under Larry Schwartz, County Government has been a ‘closed shop’ for nearly ten years. It’s not merely about patronage and money. Larry’s diabolical control involves indecency, and unconscionable, and unconstitutional, violations of individuals’ civil rights; in one instance driving a gifted young attorney and public servant, working
in the County Executive’s office, to suicide, a man whose only “disloyalty” was his unwillingness to betray his political party, the Democrats, and their candidate for District Attorney, Tony Castro, to join Larry’s scheme to re-elect Jeanine Pirro.

Larry never forgave David Meyer for his unwillingness to join the countywide race-fixing conspiracy of 2001. After pushing him from the office, he blackballed him everywhere he went, with every prospective employer. David, with a wife and two young children, pleaded with him, 48 hours before his plunge, to stop badmouthing him. But, Larry told him he would “never work again.”

We do not believe an individual as ruthless and conscienceless as Larry Schwartz ought to have a hand in the selection of who will be granted a pistol permit. He shouldn’t have had a hand in selecting the County’s solid waste hauler, either. However, because he did, we are doing business with a company from Connecticut that
the City of New York specifically would not do business with because of its Mob ties, and we are paying nearly twice the $70 million we once paid, and could have renewed for another five years, but for Larry’s control of the County Legislature.

One has to wonder about deals like that. Where do the unnecessary millions of taxpayer dollars squandered on a vender with, at best, a checkered history, really go?

We are not persuaded that the pistol permit application process should be taken from the hands of elected, County and Supreme Court Justices, and entrusted entirely to Larry and his cronies, simply because he has enlisted the support of the District Attorney’s Office. The relationship between that office and his has been far too incestuous to begin with. To be more specific, the DA’s so-called Public Integrity Unit has been a joke for years, a virtual oxymoron.

Elected judges are accountable to the voters, and their decisions are subject to scrutiny, due process, and recall. The same cannot be said for Larry and his gang. As We understand it the real question is: Why does County Executive Andrew Spano keep Larry Schwartz employed and in control, someone whose cruel agenda has injured, and turned away so many good citizens and public servants?

Court Report:

County Police Detective Brings Federal Civil Rights Suit
Against Larry Schwartz and Thomas Belfiore
UNITED STATES DISTRICT COURT
SOUTHEN DISTRICT OF NEW YORK
-------------------------------------------------------x
DAVID E. BYRNES,
Plainti , 07 Civ. 0811 (CLB)
-against- FIRST AMENDED
COMPLAINT
THOMAS BELFIORE, individually,
LAWRENCE S. SCHWARTZ,
individually, and the COUNTY OF Jury Trial Demanded
WESTCHESTER,
Defendants.
-------------------------------------------------------x
Plainti DAVID E. BYRNES, by his attorneys Lovett & Gould, LLP, for his first
amended complaint respectfully states:

NATURE OF THE ACTION

1. This is an action for compensatory and punitive damages, proximately
resulting from Defendants’ conduct as engaged in jointly and under color of
the laws of the State of New York, for violations of Plaintiff’s right of intimate
association as guaranteed by the First and/or Fourteenth Amendments to the
United States Constitution, 42 U.S.C. §1983.

JURISDICTION

2. The Court’s jurisdiction is invoked pursuant to 28 U.S.C. §§1331, 1343.

THE PARTIES

3. Plaintiff DAVID E. BYRNES (hereinafter “D. Byrnes” and/or “Plaintiff ”) is
a citizen of the United States, a domiciliary of the State of New York, and a resident
of the Northern Counties. At all times relevant to this complaint he was employed
as a sworn member of the Defendant County’s Department of Public Safety
Services. Byrnes (presently a “Detective”) is the husband of Jacqueline Byrnes
(hereina er alternatively referred to as “J. Byrnes”), a Supervising Caseworker for
Child Protective Services employed by the Defendant County in its Department of
Social Services. D. Byrnes wife Jacqueline is also the plainti in Byrnes v. Mahon,
07 Civ. 0663 (CLB), a First Amendment and Selective Prosecution civil rights
action, which was - led in this Court on January 26, 2007.

4. Defendant THOMAS BELFIORE (hereinafter “Belfiore”), who is sued in
his individual and personal capacities only, at all times relevant to this complaint
was the duly appointed Commissioner of the Westchester County, New York,
Department of Public Safety Services. Belfiore, like his predecessor-in-title (Louis
D’Aliso) is micromanaged and controlled by Defendant Schwartz with respect to
the day-to-day administration of the Department of Public Safety Services.

5. Defendant LAWRENCE S. SCHWARTZ (hereinafter “Schwartz”), who
is sued in his individual and personal capacities only, at all times relevant to this
complaint was the duly appointed Deputy County Executive for the County of
Westchester. As such, and notwithstanding his status as the “Deputy” County
Executive, Schwartz de facto has arrogated to himself (with the knowing
acquiescence of the actual County Executive) the plenary authority and powers
of the elective office of County Executive and thus actually serves as the day-today
hands-on administrator of the various Departments of the County including
Public Safety Services and Social Services. With respect to Public Safety Services
Schwartz personally (commencing in 2005 and continuing to the present) has
sought to arrogate to himself, through Belfiore, complete control over the entire
pistol permit licensing/revocation system in the County of Westchester - - initially
by arranging, albeit unsuccessfully, for state legislation to exclude the current
judicial licensing officers’ (more specically Judge J. Emmet Murphy and Judge
Rori Bellantoni) pivotal role in that system. Subsequent to his failure to secure
the referenced legislation (and at a meeting with Westchester County District
Attorney Janet DiFiore, Westchester County Attorney Charlene Indelicato, Deputy
Westchester County Attorney Lori Alessio, Westchester County Clerk Tim Idoni,
Belfiore, Judge J. Emmet Murphy, and Judge Rori Bellantoni) Schwartz directly
threatened Judges Murphy and Bellantoni to the effect that if they do not acquiesce
in his planned take-over of pistol permit licensing/revocations, he intended to
use or abuse his public office and cause them injury with respect to their judicial
careers. See N.Y. Penal Law §195.00 (Official Misconduct); N.Y. Penal Law
§110.00/135.60(8, 9)(Attempted Coercion in the Third Degree).

6. Defendant COUNTY OF WESTCHESTER (hereinafter “County”) is a
municipal corporate subdivision of the State of New York duly existing by reason
of and pursuant to the laws of said State.

THE FACTS

7. For a substantial period of time prior to July of 2005 Plaintiff ’s wife nondisruptively
expressed, within and outside of the County workplace, her factbased
opinions as a concerned citizen/taxpayer that:

a. Systemic under-staffing by the County and/or the County Executive of
the Child Protective Unit (hereinafter “Unit”) in the County’s Department of Social
Services presented a clear and present danger to the health and safety of physically
and/or emotionally abused children within the Department’s jurisdiction,

b. Systemic under-budgeting of the Unit by the County and/or the
County Executive, resulting in a grossly insufficient staffing, left those children
continuously at serious risk of physical injury and/or death at the hands of
abusive parents and/or guardians, and inter alia,

c. Systemic deficiencies in the Department of Social Service’s training
capabilities and/or programs, resulting in substantially less-than-competent staff
in the Unit, continuously left those children at serious risk of physical injury
and/or death due to abusive parents and/or guardians.

8. Following the scalding deaths on or about July 29, 2005, of two infants
subject to the jurisdiction of the Unit, which deaths were the proximate result
of the under- budgeting, under-staffing and systemic deficiencies referenced in
the preceding paragraph “7”, Schwartz acting by and through County Executive
Andrew Spano publicly albeit falsely blamed J. Byrnes for those children’s deaths
and in that connection announced that she will be demoted.

9. Following that public condemnation of J. Byrnes, Schwartz directed the
County Commissioner of Social Services (Kevin Mahon) to commence against J.
Byrnes a civil service disciplinary proceeding with the object of punishing her for
her expressions of opinion referenced supra and chilling her in the prospective
exercise of her First Amendment rights regarding those matters. Mahon agreed
to do so and with the assistance of Schwartz counsel (including Deputy County
Attorney Lori Alessio) Mahon instituted the punitive proceeding.

10. During the course of J. Byrnes’ ensuing disciplinary hearing, and because
her previous expressions of opinion regarding the above-referenced matters of
public concern were widely reported in the media, Defendants determined to
take further retaliatory action against the Byrnes family - - this time targeting
Plaintiff for retribution.

11. In that connection and with respect to Schwartz’ efforts to take control
of pistol permit licensing/revocations in the County, during the Fall of 2006
Schwartz obtained from Belfiore a list of all full-carry pistol permit holders - -
review of which revealed to Schwartz that J. Byrnes had such a full-carry permit
as issued to her by Judge J. Emmet Murphy.

12. Under the circumstances Schwartz directed Belfiore to punitively revoke
J. Byrnes’ full-carry pistol permit - - an objective that Belfiore subsequently
learned was impossible to realize by reason of its outright illegality.

13. At or about the same time Plaintiff made application for a full-carry
pistol permit. When Schwartz learned of that application he instructed Belfiore
to prevent issuance of that permit - - another objective impossible to realize by
reason of its outright illegality.

14. Frustrated by his inability to have J. Byrnes’ permit revoked and/or to
block issuance to D. Byrnes of a full-carry pistol permit, Schwartz then entered
into a plan with Belfiore by reason of which Plaintiff was “investigated” with
respect to the issuance of J. Byrnes full-carry pistol permit. Despite the absence of
any evidence whatsoever regarding misconduct and/or incompetence by Plaintiff,
Belfiore with the concurrence and approval of Schwartz directed the Commanding
Officer of the Special Investigations Unit of the Department of Public Safety
Services (Lieutenant Thomas A. Gleason) to in-writing inform Plaintiff that:

a. Allegations of misconduct with respect to him had resulted in
findings that the supposed misconduct was “substantiated”,

b. Belfiore, without benefit of a due process disciplinary hearing, “has
approved these findings”, and,

c. Belfiore had pre-determined not only Plaintiff ’s guilt but also
determined that the punishment to be imposed (demotion) was going to result
in Plaintiff ’s: “ return to the civil service status of Police Officer”.

15. In connection with and as apart of Schwartz and Belfiore’s retaliatory
plan, Belfiore:

i) Summarily removed Plaintiff from the Pistol Permit Unit, where he
had been continuously assigned for approximately eight years, and,

ii) Re-assigned Plaintiff to the General Investigations Unit (hereinafter
“GIU”) of the Department of Public Safety Services.

16. As a result of that re-assignment:

a. In the GIU Plaintiff was and continues to be required to work everrotating
shifts, including shifts that include weekends, holidays, and nights,

b. Plaintiff was deprived of his Monday-to-Friday, day-time shift that he
had during his tenure in the Pistol Permit Unit, and,

c. Plaintiff ’s familial inter-relationship with J. Byrnes has been
deliberately impaired by reason of inter alia his rotating shifts, night-time duty
assignments, holiday and/or weekend work assignments which, among other
consequences, have prevented Plaintiff and his wife from being together on
special religious holidays such as Christmas and Easter.

17. Plaintiff ’s involuntary re-assignment to the GIU is regarded by
both Plaintiff ’s co-workers and Plaintiff to be punitive, a de facto demotion,
degrading, and a major set-back to Plaintiff ’s career path within the Department
of Public Safety Services since assignment to the Pistol Permit Unit is regarded
by members of Plaintiff ’s Department (given the steady day-time, week-day
shifts) as prestigious and enviable.

18. As a proximate result Defendants are currently pursuing, by means of
Senior Assistant County Attorney (Matthew Gallagher), disciplinary charges
with a pre-ordained objective of punitively terminating Plaintiff ’s employment
and financially crippling the Byrnes’ family.

19. By reason of Defendants’ conduct Plaintiff has been caused to suffer: a
substantial and devastating impairment of his marital relationship with his wife,
Jacqueline; emotional upset; anxiety; public humiliation; public embarrassment;
public shame; pecuniary losses; irreparable damage to his professional career in
law enforcement; irreparable damage to his reputation, both professional and
personal; and he has otherwise been rendered sick and sore.

AS AND FOR A CAUSE OF ACTION

20. Repeats and realleges as if fully set forth the allegations of fact contained
in paragraphs “1” to “18”, inclusive.

21. Under the premises Defendants’ retaliatory conduct violated Plaintiff ’s
right of intimate association as guaranteed by the First and/or Fourteenth
Amendments to the United States Constitution, 42 U.S.C. §1983.

WHEREFORE a judgment is respectfully demanded:

a. Awarding against the individually named Defendants such punitive
damages as the jury may impose,

b. Awarding against all Defendants such compensatory damages as the
jury may determine,

c. Awarding against all Defendants reasonable attorney’s fees and costs, and,

d. Granting such other and further relief as to the Court seems just and proper.

Dated: White Plains, N.Y.
April 12, 2007
LOVETT & GOULD, LLP
By:______________
Jonathan Lovett (4854)
Attorneys for Plaintiff
222 Bloomingdale Road
White Plains, N.Y. 10605

Larry Schwartz Losing His Grip?

His Gun Permit Bill Shot Down, His Drop-In Shelter Dropped Out, Larry Schwartz Was Stunned, Speechless
Last week Deputy County Executive Larry Schwartz, the fellow most people working in Westchester County Government acknowledge as “ the Force on the Ninth Floor,” the guy they must get an okay from to do anything other than breathe, was rocked by two reversals days apart. Mr. Schwartz’ first disappointment came when it was discovered that the County Executive’s Office had failed to do their homework prior to selecting the area behind the Hawthorne Headquarters of the Westchester County Police as the proposed site of a new 100-bed “Drop-In” Shelter for adult males.

Apparently the proposed location was approximately a quarter mile too close to an existing shelter, thus violating an agreement with the Town of Greenburgh, specifically barring homeless shelters closer than two miles apart. And, although the County Executive’s Office, upon discovery of their blunder, had released a statement suggesting that they were confident some exception could be worked out, Greenburgh Town Supervisor, Paul Feiner, a Democrat, had taken to the airwaves, announcing on News12 that he would be very much against any variance from the long-standing agreement between the Town and the County, because it would undermine future confidence in agreements with the Town.

The second blow came last Monday when Marty Ragowsky, Democratic Majority Leader of the County Board of Legislators, announced that the long-debated proposal by the County Executive’s Office to modify the pistol permit process, part of a joint legislative package, some of which would require action by the State Legislature, was dead for the time being. Word was that only two legislators were willing to back the proposal that would have taken the power to approve, or deny, applications for pistol permits out of the hands of elected County and Supreme Court Judges and placed it entirely under the control of County Police Commissioner Tom Belfiore, an appointee, serving at the pleasure of the County Executive.

The proposal had drawn much criticism because Mr. Schwartz was obviously attempting to take over control of a very important function, removing the power and the discretion from judges, elected by, and accountable to, the People. Schwartz was engaging in a “power play” intended to effectively put himself in charge through his surrogate Belfiore. The Westchester Guardian had informed its readers, including County Legislators, of Schwartz’ and Belfiore’s bad track record with regard to the County Police Department’s Pistol Permit Bureau.
The Guardian revealed that three years ago, Larry Schwartz, Tom BelFiore, and then-State Senator, Nick Spano conspired to, and, in fact, diverted a $100,000 State Grant obtained by Nick Spano, ostensibly to be used to bolster the efforts of the County Pistol Permit Unit in their search for unregistered hand guns. The money was instead used to pay the salary of Terry Malone, a County Police Officer in the Unit who was then reassigned to be the full-time chauffeur of Nick’s father, County Clerk, Leonard Spano. That information, the subject of a civil law suit brought in Federal District Court, White Plains by another County Police Officer, was eye-opening and clearly demonstrated the inappropriateness of entrusting Schwartz and Belfiore, of all persons, with control over the handgun permit process.

Last week’s double setback and rejection of the dictates of the “Ninth Floor,” may be a promise of good things to come. Perhaps County Legislators, particularly the eleven Democrats who comprise a hefty majority of the total of seventeen, have begun to recognize that the time has come to throw off the dominance and coercion by Larry that is the price one pays for campaign funding with dollars that have no business being under his control in the first place.

Perhaps, too, Legislators, and their constituents are becoming tired of, and even a little concerned about, Mr. Schwartz’ dealings with the likes of Giulio Cavallo, who openly has been trading on his connections with Schwartz and Belfiore, claiming he can obtain pistol permits for $5,000, especially in light of the not-so-secret ongoing federal investigations into corruption and graft in Westchester County.

In that regard it won’t be very much longer before Michael Garcia, and his “untouchables” turn their attention to what has been the most egregious violation of public trust, the fixing and stealing of elections, before, during, and after the fact, a process Larry Schwartz, Giulio Cavallo, Jeanine Pirro, Nick Spano, and a cast too numerous to fully credit here, have been up to their eye-balls in for many years. The current investigation and hearings by the Department of Justice into the exclusion of Latino participation in Port Chester Village elections, as well as the highly ethnically inflammatory campaign materials used against Tony Castro in his 2005 run for District Attorney, hopefully, are merely opening salvos.

There’s a motherload of election fraud just waiting to be exposed and prosecuted, if Garcia’s team have the stomach for disemboweling weasels in office. Much as Giulio Cavallo, Larry Schwartz has been there every step of the way.

Federal Indictment!

FBI And Federal Prosecutors Having A Field Day In Westchester Election Fraud, Misappropriation Of Funds, And, Everywhere Arrogance.

If one had to identify a signature characteristic of Jeanine Pirro’s public persona it would certainly be arrogance. Everything she will be remembered for, mostly evil, and unlawful, will be tinged with that unmistakable arrogance. It was arrogance that prevented her from making a joke about herself when she lost ‘page ten’ and it was arrogance that allowed her to publicly vilify United States Attorney Mary Jo White during her husband Albert’s tax fraud trial, despite having been left out of the indictment involving ten years of fraudulent joint tax returns. In the end it will be that same arrogance that helped bring her down.

Clearly, throughout her twelve-year reign as Westchester DA she was the undisputed center, the de facto leader, by virtue of her power to prosecute, of the cabal, the corrupt mob that continues in its unlawful enterprise without her. Sleazy creatures all, including the likes of Larry Schwartz, Deputy County Executive, Nick Spano, former State Senator, Giulio Cavallo, embattled Chairman of the Westchester Independence Party, and Zehy Jereis, Convicted Drug Dealing Felon, and Chairman of the Yonkers Republican Committee, to name but a few; every one as arrogant as Pirro.

Imagine, the arrogance of Guilio Cavallo involved in a life-anddeath struggle with Nader Sayegh, and the decent law-abiding faction of the Independence Party, for control, and under a restraining order, and an order to appear, from State Supreme Court Justice Donovan, nevertheless going around and boasting to everyone that he has been assured that, “the fix is in with the Appellate Division,” and that Donovan’s ruling will be overturned. Imagine too, that this same creature who purports to represent more than 15,000 registered Independence Party members is still soliciting to get pistol permits for $5,000, through his connections with Larry Schwartz and Tom Belfiore.

To decent, honest, citizens the blatant criminal activities that Cavallo, Larry Schwartz, Nick Spano, Zehy Jereis, andassociates, continue to routinely engage in, despite the fact that the United States Attorney’s Office is diligently pursuing their Presidential mandate to clean up the corruption in “the suburbs north of New York City,” might seem unfathomable. But, again, it’s all about arrogance, with a generous helping of denial thrown in for good measure.

Simply stated, these players, common criminals all, have gotten away with so much, for so long, it simply doesn’t enter their minds that the ‘gig is up.’ After all, consider Nick Spano, former State Senator from the 35th District, who for years surrounded himself with the likes, not only of Zehy Jereis, convicted drug dealer, and accused election fraudster, but also Anthony Mangone, admitted forger of 166 ballots in the Green Party and IndependenceParty primaries of 2000. Anthony was Nick’s campaign manager, as well as hislegal advisor. As legal advisor he was paid $125,000 of taxpayers’ money.

Of course, after his admission of massive ballot forgery, under cross-examination at the Dennis Wedra trial in 2002, Mangone dropped back to part-time employment for Senator Nick, at $50,000. But, not to worry, then-DA Jeanine Pirro, got him a full-time position in her husband Albert’s former law firm. And, of course, Mangone continued to work on Nick’s following election bids, most helpful in the the_ of the 2004 election from Andrea Stewart-Cousins, a stunt they were thwarted from repeating last year because of the presence of federal monitors.

Speaking about the contest for the 35th State Senatorial District in 2004, the the_ - and the_ is the right word - could never have been pulled o_ , over those three months of manipulation and fraud, had it not begun with the bogus ruling of Judge Robert Spolzino, of the Appellate Division, Second Department, who less than two years earlier had been Senator Spano’s personal attorney. Conflict of interest you say? How did the Democratic Election Commissioner, who just happened to also be the Chairman of the Westchester Democratic Committee, allow that to happen, you ask? Go ask Larry Schwartz, who orchestrated the whole thing, much as he had a hand in fixing every other major election in Westchester for the better part of two decades.

Perhaps, not so incidentally, Cavallo’s boast that “the fix is in” at the Appellate Division might just have something to do with Judge Spolzino, and/or Judge Joseph Covello, and a number of other Pataki-appointed “ Whores Who Became Madams.”

Difficult as it may be to fathom the shear gall with which these political imposters, these influence peddlers, operate in our faces the way they do, once again, it must be remembered that they have been getting away with it for so long, protected from prosecution by a corrupt District Attorney’s Office, and from exposure by a very cooperative,bought-off, media and press. Nearly seven years ago, News12, Cablevision, through their Lightpath division, received a $23.5 million, five year, no-bid, contract from the County of Westchester, Office of the County Executive. that kind of money buys a lot of news management. Larry Schwartz knows that, and so does Janine Rose, News12 news director. Add to that the fact that the Journal News president and publisher, until a little while ago, was Gary Sherlock, business partner of Albert Pirro, and the cabal has had little to fear from the press.

No, it wasn’t really about a failed costume jewelry business, nor even attempts to tape her husband on his boat with another woman, that attracted the United States Attorney’s Office to Jeanine Pirro. It was about election fraud, abuse of public office, misappropriation of public funds, tax evasion, and crimes of that weight, the same offenses that will soon bring down every other arrogant member of the cabal. As the expression goes, what we send in to the lives of others eventually comes back into our own.

Public Enemy #1.

Everyone In County Government Knows “Nothing Happens Without Larry”.

It was only a matter of time before Deputy County Executive Larry Schwartz, forever lurking in the shadows, would spring out to sink his fangs into, and consume, yet one more morsel of power, now that his longtime co-conspirators Jeanine Pirro, and Nick Spano are history. His latest quest, however, in broad daylight, control of the issuance of pistol permits, pits him against elected County Court Judges, and would appear to signal a new, andmore brazen approach to “absolute control.” Despite his prior best efforts to remain out of sight, Schwartz, most accurately described as an evil control freak, has chosen to go quite public in this latest coupe, apparently believingthat he will appear to be holding the high ground in a County that has become overwhelmingly Democratic, and pro gun control.

In short, Larry Schwartz, prime architect of the fixed countywide elections of 2001, vindictive, cruel creature who drove a brilliant young attorney from the County Executive’s Office, to his grave, for supporting a fellowDemocrat, and not accepting Larry’s “fix for Pirro:” that Larry Schwartz is now attacking Supreme Court Justice Emmett Murphy, a highly-regarded elected official, threatening to file a complaint against him, and also threatening to disband the County Police Pistol Permit Unit. To say the least, it would seem highly inappropriate for an appointed county employee, who serves at the pleasure of an elected official, to be making threats against another elected official, particularly one who has been elected by the People to serve them for no less than fourteen years.

Perhaps Larry Schwartz has been so unaccountable to the People for so very long, and yet so influential, but untouchable, from behind the scenes, that he has begun to buy into his own imperiousness. That’s always a serious mistake. One would think he might have gone to school on Pirro’s example. In any event, his present effort to wrestle the power to grant pistol permits from the Judiciary, and place it in the hands of County Public Safety Commissioner, Thomas Belfiore, is both ill-advised and against public interest.

Mr. Schwartz must think that everyone has, by now, forgotten the fraudulent conspiracy that he, and soon-to-be former State Senator Nicolas Spano, together with Public Safety Commissioner Thomas Belfiore, pulled off in 2003 for the benefit of Nick’s father, then-County Clerk, Leonard Spano. The scheme involved the intentional total misappropriation of funds, $100,000 in state grant money, ostensibly secured by Nick Spano to aid the County Pistol Permit Unit in its effort to track down and retrieve unregistered handguns, and those for which the permits had expired.

However, under the criminal conspiracy, the taxpayer funds were used to remove Officer Terence Malone, a relative of Nick and Leonard Spano, from his duties in the Pistol Permit Unit, to become a full-time chauffeur for Leonard Spano. The scheme was executed with the full knowledge, and cooperation of Commissioner Belfiore, who Schwartz would now have us put in total control of the issuance of pistol permits. The net result of that criminal conspiracy, involving Larry Schwartz, Thomas Belfiore, and Nick Spano, was that neither the $100,000, nor Officer Malone were available to assist in the tracking and retrieval of guns for which permits had expired, and/or the permit holder had passed away.

One such handgun, a .357 Magnum, that had been registered to John Armento of Yonkers, went unaccounted for upon the elder Armento’s death, and was never retrieved until it was used by his son, Steven Armento, in the company of drug-addicted actor Lilo Brancato, in the killing of New York City Police Officer Daniel Enchautegui.Schwartz’ scheme may have had deadly consequences. One cannot say with any certainty that the murder weapon would definitely have been retrieved had the funds, and the officer, not been criminally diverted by Schwartz and Belfiore, but clearly, their conduct was both reprehensible, and regrettable given the tragic loss of Officer Enchautegui.

In light of the above facts how could anyone even think of putting the Pistol Permit Program into the hands of Thomas Belfiore, particularly, under the virtual control of Larry Schwartz? Judge Emmett Murphy, and other judges who have handled the granting of permits in Westchester for years, have demonstrated their ability to exercise discretion and restraint in honoring the Second Amendment right of honest and law-abiding citizens to “keep and bear arms.” Legally held, and registered, firearms, are not the weapons routinely used in violent crimes in Westchester.

The time has come for County Executive Andrew Spano to recognize that his deputy, Larry Schwartz, having engaged in numerous criminal conspiracies against the interest and well-being of the People of Westchester, is a serious liability whose usefulness is far outweighed by his detriment and harm.