Thursday, June 19, 2008
The Court Report
By Richard Blassberg
Judge Adler Dismisses 3 Of 4 Counts
Prosecution Witnesses Continued To Make Defense
Case For “Investigation Run Backwards”
Westchester Supreme Court, White Plains
Judge Lester B. Adler Presiding
Last Monday, June 9, the trial of former Mount Kisco Police Officer George Bubaris continued in Westchester Supreme Court. Prior to
admission of the jury to the courtroom, Judge Adler, as is routine, called upon both the Prosecution and Defense to submit any motions
or issues that needed to be heard by the Court prior to continuation of the trial proceedings.
Lead Prosecutor James McCarty spoke up, telling the Court that the Prosecution would be putting on a few more witnesses and then winding down their case, but that, “the Prosecution does not want to rest until we make this application requesting that the jury be allowed
to view that section of Mount Kisco between Rose Cleaners and the laundromat, the topography and the inter-relationship of the streets.”
McCarty went on, “We do not believe the desolate and seemingly removed aspect of the area to which Mr. Perez was taken, can be adequately portrayed without seeing it.
We would want people to be given the opportunity to get out in the area where the body was found.” Defense Attorney Andrew Quinn
responded, “I would only ask if where we are going to permit jurors to view includes the laundry, that they view the back of it as well.”
Judge Adler, recognizing some of the more obvious problems involved with granting such an application, asked of McCarty, “Weren’t there campsites in the woods? We’re going in the daytime; it was night. What about the foliage?” Assistant DA McCarty came back with “Our application is a broad-based application.” Whereupon Adler, who had called in his law clerk, Lee Spaulding, before hearing the application, indicated that he was reserving his decision until returning from lunch at 2pm.
The trial resumed with a reswearing of Prosecution witness Detective Sergeant Jeffrey Dickan, of the Bedford Police Department, who
had given some direct testimony on Friday, June 6. Putting up a large aerial photo of the relevant section of the Village of Mount Kisco, the
witness traced the supposed course taken by a Mount Kisco Police vehicle at 11:05pm the night in question based upon surveillance videos
taken by cameras at local business establishments. The account included movements supposedly by the Defendant, who Dickan described
first as “six feet four inches”, then “six foot three and 250 pounds.” Attorney Quinn began his cross-examination, asking, “You knew my
client’s height and weight because he told you.” The witness responded, “Yes.”
Quinn asked what evidence of homeless people the detective discovered at the site where Rene Perez was found dying? The detective responded, “Just tarps and debris.”
Then Quinn went into the subject of a certain black Armitron men’s wristwatch that was found at the site the day after Perez was discovered. Quinn got the detective, who led the investigation, to admit he never looked into who owned the watch; never had any DNA tests run on it; “never con-firmed if, in fact, it was the watch that Rene Perez was seen wearing in the videos from the laundromat.” He also got him to admit that he and his men never found Perez’ hat.
Then, after establishing that the distance from the laundromat to where Perez was found was merely 3.2 miles, Attorney Quinn asked Detective Dickan, “Is it fair to say that from 11:05pm, when he is seen leaving the laundromat on the video ´til he is found at 11:40pm, his
whereabouts remain unaccounted for?” Dickan responded, “Yes.”
Moving on to another subject, with a clear intention of showing the jury that, in fact, the investigation of Rene Perez’ death was run backward, Quinn remarked, “Of-ficer Dwyer makes a call at Stewart Place at 11:37pm, supposedly doing a license check.” He continues, “So
is it fair to say that Officer Dwyer’s whereabouts is unaccounted for between 11:15 and 11:42pm?” The witness explained that he had learned the facts on May 8, 2007, fully ten days after the incident.
Quinn came back with, “You knew then, on May 8, that Officer Dwyer’s whereabouts was unaccounted for?” Quinn declares, “It’s your investigation, you’re in charge; it’s your decision not to fingerprint Officer Dwyer’s patrol car.” Dickan, feeling obviously intimidated,
came back with, “Not just my decision alone; there were other people involved.” With that, Attorney Quinn asked, “Does the Bedford Police
Department have a policy of giving courtesy rides?”
Dickan, attempting to be cautious, said, “There are times.” Quinn then asked the witness, “When Mr. Perez was transported by Bedford
Police Officer Evans, he would’ve been in the back seat, unable to get out?” Detective Dickan responded, “Yes, unless the window was open.”
Quinn, changing gears once again, got the detective to admit that he had put together a timeline based on video images from Finch’s Mobil
and Rose Cleaners. And, more significantly, he got him to acknowledge that he did very little follow-up of other possible suspects. But Quinn wanted more from Detective Dickan. He went back to the black Armitron watch, getting the witness to admit that although he had the watch in his possession since the day after the incident, more than 13 months ago, he never had it checked for DNA evidence, or hair follicles, and never questioned Officer Evans as to whether he remembered Perez wearing it when he transported him to Mount Kisco.
Quinn said, “So you just operated on the theory that since you thought you saw the watch in the laundromat video on Mr. Perez, that it was his watch.” Dickan said, “Yes.”
Then, Andrew Quinn revisited the issue of Mount Kisco Police Of-ficer Dwyer’s call from Guard Hill, attempting once again to emphasize
the lead detective’s failure to follow-up, by asking if Dickan ever checked to confirm Dwyer’s reported purchase of a pack of cigarettes,
with a rephrased question. Judge Adler quickly responded with, “Sustained,” which was certainly in order and appropriate, but followed
up with, “Nice try, nice try.”
After the lunch break, the Judge denied the Prosecution’s application to transport the jury to the site where Rene Perez was found near death, as well as other relevant locations, including the laundromat.
Tuesday afternoon the last Prosecution witness, Dr. Barbara Sampson, a Medical Examiner for the City of New York, “specializing in unexpected deaths,” was back on the witness stand for cross-examination. She had made a firm argument for a punch, or a kick, as the probable source of the “concentrated bluntforce trauma that ruptured Rene Perez’ mesentery.”
Attorney Quinn returned to the issue of chemo-dilution, a critical one because it spoke to the question of how long it would take for Perez’
blood hemoglobin level to drop to the level it was at.
In responding, Dr. Sampson spoke about “the constellation of evidence” and admitted having gone to the scene.
Quinn asked if she saw rocks at the site where Perez was found. Sampson replied, “I didn’t see a rock that perfectly fit the injury.” However, Quinn got the witness to acknowledge that Perez had a “recent abrasion” of his knee, and “two minor abrasions to his nose,” suggesting the very real possibility he had suffered a fall.
Quinn asked, “In reading through his medical record, did you learn that Mr. Perez had numerous incidents of falling down?” Sampson responded, “I noted several hospital visits for injuries from falling down.”
In response to Mr. Quinn’s inquiry into her compensation, Sampson said, “I am here today as a favor to Westchester County from the New York City Medical Examiner’s Office. My testimony is not for sale. I am being paid my regular salary to be here.” With that, cross-examination was concluded and ADA McCarty rose and told the Court, “The People rest.”
At that point, Defense counsel Andrew Quinn proceeded to make a motion for a Trial Order Dismissal, a traditional, but not mandatory, defense motion upon the completion of the Prosecution’s case, predicated on the theory that the People have failed to make out a case that establishes each and every element of the charged offenses, even when viewed in a light most favorable to the Prosecution. Quinn told the Court, “The evidence is, at best, circumstantial. But, at best, it is insufficient. We have received no credible evidence that Rene Perez was ever in Mr. Bubaris’ police car; if you believe it’s a police car in the Peltz Tape.
“He never told Officer Dwyer anything other than that he had given Rene Perez a ride. He never said he struck him. He never said he abandoned him. He never said he took him beyond his will.
“Until the People make out manslaughter, the People must prove intentional bluntforce trauma. Even if you accept Dwyer’s statement,
there is no nexus to my client. There is no DNA in the rear of my client’s police car, even though Perez has a bleeding nose and we see him at the laundromat rubbing his nose. “Even if you accept all of their medical evidence, there is still 25 to 35 minutes that the Prosecution fails to make any connection with my client. As regards Count Two, Unlawful Imprisonment In The First Degree, there is no way it was a non-consensual act.
“If ever there was an appropriate case for a Trial Order Dismissal, this is it; it’s conjecture based on conjecture.” Assistant District Attorney Mc- Carty responded, attempting to defend the Prosecution case based upon a reckless murder theory. Then, in response to a question
from the Judge, McCarty declared, “It is our position that we do not have to prove every element of the crimes charged.” He then further
declared, “Officer Dwyer had no personal motive in testifying against a brother officer. The People are entitled to the reasonable assumption
that the victim was taken to Byram Lake without his consent.”
The Judge asked, “Where have you proven that there is a difference between what you are alleging Mr. Bubaris did and the ride he was given by a Bedford Police officer?” The Judge further questioned the “benefit element” in the charges of Official Misconduct. Attorney Quinn’s motion and argument were no mere perfunctory gesture. He offered a well-organized, well-framed, and highly persuasive retort to the People’s presentation.
Judge Adler listened intently as did his law clerk, Lee Spaulding. And, having asked several questions of both Quinn and McCarty, he reserved his decision.
Wednesday morning the resumption of trial was delayed until 11am. Citing no fewer than four cases, Judge Adler denied Quinn’s motion as applied to Count One, Second Degree Manslaughter. Then, to the obvious dismay and surprise of the three-man Prosecution team, as well as some six other District Attorney staff, including Patricia Murphy, he proceeded to dismiss Counts Two, Three and Four; one count of Unlawful Imprisonment, and two counts of Official Misconduct as “legally insufficient”.
Analysis:
This was Les Adler at his best; a judge who hasn’t lost his legal compass and who applied the law irrespective of the pressures of public
opinion and politics. Assistant District Attorneys McCarty, Perrone, and Delohery were visibly blown away. They had truly come to trial with their “tank on empty”.
Showing posts with label Rene Perez. Show all posts
Showing posts with label Rene Perez. Show all posts
Thursday, June 19, 2008
Thursday, September 20, 2007
Janet Difiore.
The Advocate
Richard Blassberg
Will Officer Bubaris Be Sacrificed For The Sins Of Many?
Back on May 17th the front page of The Westchester Guardian declared “Perez Killing Demands FBI Investigation.” The editorial, In Our Opinion, opined, “It doesn’t require the wisdom of Solomon to recognize that neither the Mount Kisco Village Police, nor the Bedford Town Police Department, should be actively engaged in the investigation of the ‘death by homicide’ as determined by the Westchester Medical Examiner’s Office, of Rene Perez, in the early morning hours of April 29th.”
In light of the fact that officers from each of those departments had allegedly had contact with Mr. Perez, within
hours of his death, it appeared to The Guardian that “reasonableness, and professional investigative ethics demand(ed) that a thirdparty agency investigation be conducted.” The agency recommended by The Guardian was the Federal Bureau of Investigation. That position was justified, particularly given numerous cases involving police officers mishandled by the Westchester County District Attorney’s Office, cases such as Matthew McKerrick’s and Richard DiGuglielmo’s, in which innocent police officers were knowingly and maliciously subjected to prosecutorial misconduct, convicted, and sent to prison for political expedience. And, ADA Michael Hughes’ involvement, given his correspondence in the McKerrick case, suggesting that it didn’t matter
if the DA’s Office knew the man they prosecuted and sent to prison was innocent, does little to recommend
the integrity of the present investigation.
The indictment of Mount Kisco Police Officer George Bubaris, handed down by a grand jury several days ago, if anything, affirms The Guardian’s position and concerns. In fact, the indictment, first sought by prosecutors on August 21st, and finally obtained two weeks later, raises many more questions, not only about the circumstances surrounding Rene Perez’ death, but also about the relationship of the District Attorney’s Office with some forty-four police departments functioning within Westchester County.
It is noteworthy that although Westchester’s Deputy Chief Medical Examiner, Dr. Luis Roh, declared that Perez’ death “was the result of a homicide,” that caused the tearing of the mesentery, a membrane that connects the intestines to the abdominal wall, Officer Bubaris is not charged with having delivered the deadly blow. He is not charged with any level of assault upon the person of Rene Perez, nor is anyone else.
Rather, Bubaris is charged with Second Degree Manslaughter, a Class C Felony, defined, as applied to the facts of this incident, as recklessly causing the death of another person; First Degree Unlawful Imprisonment, a
Class E Felony, defined as having restrained another person under circumstances which expose that person to a risk of serious physical injury; as well as two counts of Official Misconduct, a Class A Misdemeanor, presumably for engaging in “Border Dumping” as a knowingly unauthorized exercise of his official function. At her press conference, called to announce the indictment, the District Attorney declared, “The indictment specifically says Officer Bubaris restrained Rene Perez and exposed him to a risk of death.”
The first of many questions that come to mind, under the theory of this indictment, might be, “What if Mr. Perez had collapsed in the laundry or on the street, at Main Street, and Route 117, where Bedford Police reportedly had ‘border-dumped’ him following an earlier incident at Kohl’s in Bedford; would the Mount Kisco Police have conducted the investigation, and would a Bedford Police Officer, or Of-ficers have been indicted?”
Given that officers from both departments had each engaged in the unlawful, but, not necessarily unauthorized,
removal practice, did the determination of who, if anyone, was guilty of Manslaughter and other crimes rest solely upon who had had the last contact with Rene Perez before his alcoholic and neglected body gave out? Under these facts how does the United States Attorney’s Office permit the Bedford Police Department to be a participating agency in the investigation? How do they not see the glaring confl ict of interest?
Yes, unlawful perhaps; but was Officer Bubaris’ trip to Byram Lake Road in the Town of Bedford for the purpose of returning Perez to that jurisdiction, necessarily “unauthorized?” After all, Mount Kisco Police
Lieutenant Dunnigan had responded to the laundry together with Police Officer Dwyer, as well as Officer Bubaris. Dunnigan surely had the same opportunity to view and assess Perez’ sobriety and physical condition, as
had Bubaris. Clearly, he must have been aware of the ‘game plan’ for this vagrant immigrant who reportedly had had hundreds of such contacts between the Mount Kisco, and Bedford Police over more than a decade.
It is highly unlikely that Dunnigan, a superior o cer on the scene, had no knowledge of what would be done by Bubaris in dealing with Perez. Another question involves Dr. Luis Roh, who has come to be known by far too many criminal defense attorneys as a medical examiner who apparently has often said to the District Attorney’s Office, “Tell me what you want me to prove?” He turned the murder/suicide of Archie Harris, 79, by Betty Ramsharam, his home health aide, into a “double homicide” because Eastchester Police, and consequently the DA’s Office, needed him to, so that Selwyn Days, a perfect brain-damaged fall-guy could be convicted, and
more than $350,000 in cash and bearer bonds removed from the premises, and never accounted for by Eastchester Police, could finally be spent.
In the John Spruill case Roh had five Assistant DAs and four White Plains Police Officers at his side as he autopsied Spruill’s deceased aunt. Dr. Roh was so convinced that the middle-aged bus driver had strangled
his aged aunt, the only mother he had ever known. For Roh the fact that Spruill had attempted to stop his aunt from falling backward, tragically, but accidentally, falling on top of her in the process, was simply unacceptable because in DA Jeanine Pirro’s world nobody died by accident, especially when she could invent another Depraved Indifference Murder scenario.
Fortunately for Mr. Spruill, three medical examiners, including the Chief Medical Examiner of Suffolk County, and the judge/fact-finder in the case, thought otherwise.
How can we rely upon Dr. Roh’s analysis? Is it not even remotely possible that Rene Perez, in his drunken condition, might have fallen against a rock, or a guardrail, or some other object, thus injuring his already damaged abdominal area, either before, or a er being dropped off on Byram Lake Road?
Under the top count of the indictment, Second Degree Manslaughter, in order for Officer Bubaris’ conduct to have “recklessly caused the death” of Rene Perez, he had to have known, or should have known, of Perez’ failing physical condition. However, if it is presumed that he had that awareness so should Lieutenant Dunnigan, and Police Officer Dwyer, not to mention the Bedford Police Officers who apprehended Perez at Kohl’s and brought him to Mount Kisco. Why indict only Officer Bubaris? Was it some game of “hot potato” the officers were playing, and prosecutors are perpetuating; that whoever is holding the potato when the music stops gets indicted, and burned?
If not one of them is being accused of assaulting, or physically injuring, Rene Perez, then under the DA’s theory of guilt, aren’t each and every one of perhaps ve, or more Bedford and Mount Kisco Police Officers
who interacted with and disposed of this intoxicated vagrant immigrant collectively culpable in his ultimate death?
Why is one police o cer being sacrificed for the actions of several? And, why is there no attempt to determine if, in fact, the abdominal injury sustained by Mr. Perez was the result of someone’s criminal assault upon him, or merely an accident?
The family of Rene Perez, the Latino Community, Officer Bubaris and, indeed, all residents of Westchester, are entitled to a more honest and accurate outcome than this indictment represents. Given that there are no fewer than three other male Latinos whose deaths in the Mount Kisco area in recent years, have gone unsolved and unexplained, perhaps United States Attorney Michael J. Garcia might take a moment to rethink the level of his Office’s involvement in the Rene Perez case. After all, one would expect that if the full resources and attention of the Federal Government were applied, many more answers might have been produced. And, wouldn’t it be more just and fair to get all of the facts on the table now rather than subjecting Mr. Bubaris, and any other potential defendant, to the double jeopardy of a later reprosecution in Federal Court, as has too often
been the case?
Richard Blassberg
Will Officer Bubaris Be Sacrificed For The Sins Of Many?
Back on May 17th the front page of The Westchester Guardian declared “Perez Killing Demands FBI Investigation.” The editorial, In Our Opinion, opined, “It doesn’t require the wisdom of Solomon to recognize that neither the Mount Kisco Village Police, nor the Bedford Town Police Department, should be actively engaged in the investigation of the ‘death by homicide’ as determined by the Westchester Medical Examiner’s Office, of Rene Perez, in the early morning hours of April 29th.”
In light of the fact that officers from each of those departments had allegedly had contact with Mr. Perez, within
hours of his death, it appeared to The Guardian that “reasonableness, and professional investigative ethics demand(ed) that a thirdparty agency investigation be conducted.” The agency recommended by The Guardian was the Federal Bureau of Investigation. That position was justified, particularly given numerous cases involving police officers mishandled by the Westchester County District Attorney’s Office, cases such as Matthew McKerrick’s and Richard DiGuglielmo’s, in which innocent police officers were knowingly and maliciously subjected to prosecutorial misconduct, convicted, and sent to prison for political expedience. And, ADA Michael Hughes’ involvement, given his correspondence in the McKerrick case, suggesting that it didn’t matter
if the DA’s Office knew the man they prosecuted and sent to prison was innocent, does little to recommend
the integrity of the present investigation.
The indictment of Mount Kisco Police Officer George Bubaris, handed down by a grand jury several days ago, if anything, affirms The Guardian’s position and concerns. In fact, the indictment, first sought by prosecutors on August 21st, and finally obtained two weeks later, raises many more questions, not only about the circumstances surrounding Rene Perez’ death, but also about the relationship of the District Attorney’s Office with some forty-four police departments functioning within Westchester County.
It is noteworthy that although Westchester’s Deputy Chief Medical Examiner, Dr. Luis Roh, declared that Perez’ death “was the result of a homicide,” that caused the tearing of the mesentery, a membrane that connects the intestines to the abdominal wall, Officer Bubaris is not charged with having delivered the deadly blow. He is not charged with any level of assault upon the person of Rene Perez, nor is anyone else.
Rather, Bubaris is charged with Second Degree Manslaughter, a Class C Felony, defined, as applied to the facts of this incident, as recklessly causing the death of another person; First Degree Unlawful Imprisonment, a
Class E Felony, defined as having restrained another person under circumstances which expose that person to a risk of serious physical injury; as well as two counts of Official Misconduct, a Class A Misdemeanor, presumably for engaging in “Border Dumping” as a knowingly unauthorized exercise of his official function. At her press conference, called to announce the indictment, the District Attorney declared, “The indictment specifically says Officer Bubaris restrained Rene Perez and exposed him to a risk of death.”
The first of many questions that come to mind, under the theory of this indictment, might be, “What if Mr. Perez had collapsed in the laundry or on the street, at Main Street, and Route 117, where Bedford Police reportedly had ‘border-dumped’ him following an earlier incident at Kohl’s in Bedford; would the Mount Kisco Police have conducted the investigation, and would a Bedford Police Officer, or Of-ficers have been indicted?”
Given that officers from both departments had each engaged in the unlawful, but, not necessarily unauthorized,
removal practice, did the determination of who, if anyone, was guilty of Manslaughter and other crimes rest solely upon who had had the last contact with Rene Perez before his alcoholic and neglected body gave out? Under these facts how does the United States Attorney’s Office permit the Bedford Police Department to be a participating agency in the investigation? How do they not see the glaring confl ict of interest?
Yes, unlawful perhaps; but was Officer Bubaris’ trip to Byram Lake Road in the Town of Bedford for the purpose of returning Perez to that jurisdiction, necessarily “unauthorized?” After all, Mount Kisco Police
Lieutenant Dunnigan had responded to the laundry together with Police Officer Dwyer, as well as Officer Bubaris. Dunnigan surely had the same opportunity to view and assess Perez’ sobriety and physical condition, as
had Bubaris. Clearly, he must have been aware of the ‘game plan’ for this vagrant immigrant who reportedly had had hundreds of such contacts between the Mount Kisco, and Bedford Police over more than a decade.
It is highly unlikely that Dunnigan, a superior o cer on the scene, had no knowledge of what would be done by Bubaris in dealing with Perez. Another question involves Dr. Luis Roh, who has come to be known by far too many criminal defense attorneys as a medical examiner who apparently has often said to the District Attorney’s Office, “Tell me what you want me to prove?” He turned the murder/suicide of Archie Harris, 79, by Betty Ramsharam, his home health aide, into a “double homicide” because Eastchester Police, and consequently the DA’s Office, needed him to, so that Selwyn Days, a perfect brain-damaged fall-guy could be convicted, and
more than $350,000 in cash and bearer bonds removed from the premises, and never accounted for by Eastchester Police, could finally be spent.
In the John Spruill case Roh had five Assistant DAs and four White Plains Police Officers at his side as he autopsied Spruill’s deceased aunt. Dr. Roh was so convinced that the middle-aged bus driver had strangled
his aged aunt, the only mother he had ever known. For Roh the fact that Spruill had attempted to stop his aunt from falling backward, tragically, but accidentally, falling on top of her in the process, was simply unacceptable because in DA Jeanine Pirro’s world nobody died by accident, especially when she could invent another Depraved Indifference Murder scenario.
Fortunately for Mr. Spruill, three medical examiners, including the Chief Medical Examiner of Suffolk County, and the judge/fact-finder in the case, thought otherwise.
How can we rely upon Dr. Roh’s analysis? Is it not even remotely possible that Rene Perez, in his drunken condition, might have fallen against a rock, or a guardrail, or some other object, thus injuring his already damaged abdominal area, either before, or a er being dropped off on Byram Lake Road?
Under the top count of the indictment, Second Degree Manslaughter, in order for Officer Bubaris’ conduct to have “recklessly caused the death” of Rene Perez, he had to have known, or should have known, of Perez’ failing physical condition. However, if it is presumed that he had that awareness so should Lieutenant Dunnigan, and Police Officer Dwyer, not to mention the Bedford Police Officers who apprehended Perez at Kohl’s and brought him to Mount Kisco. Why indict only Officer Bubaris? Was it some game of “hot potato” the officers were playing, and prosecutors are perpetuating; that whoever is holding the potato when the music stops gets indicted, and burned?
If not one of them is being accused of assaulting, or physically injuring, Rene Perez, then under the DA’s theory of guilt, aren’t each and every one of perhaps ve, or more Bedford and Mount Kisco Police Officers
who interacted with and disposed of this intoxicated vagrant immigrant collectively culpable in his ultimate death?
Why is one police o cer being sacrificed for the actions of several? And, why is there no attempt to determine if, in fact, the abdominal injury sustained by Mr. Perez was the result of someone’s criminal assault upon him, or merely an accident?
The family of Rene Perez, the Latino Community, Officer Bubaris and, indeed, all residents of Westchester, are entitled to a more honest and accurate outcome than this indictment represents. Given that there are no fewer than three other male Latinos whose deaths in the Mount Kisco area in recent years, have gone unsolved and unexplained, perhaps United States Attorney Michael J. Garcia might take a moment to rethink the level of his Office’s involvement in the Rene Perez case. After all, one would expect that if the full resources and attention of the Federal Government were applied, many more answers might have been produced. And, wouldn’t it be more just and fair to get all of the facts on the table now rather than subjecting Mr. Bubaris, and any other potential defendant, to the double jeopardy of a later reprosecution in Federal Court, as has too often
been the case?
Thursday, May 31, 2007
The Advocate:
Statement From United States Attorney Michael J. Garcia Vindicates The Guardian’s Position On Perez Investigation
Two weeks ago The Guardian, in an editorial entitled FBI Must Step Into Perez Case, declared, “In fact, because it is strongly suspected that the injuries sustained by Perez which led to his death only hours later, might very well have been inflicted by police officers acting under Color of Law; and, given the civil rights implications of such suspicions, it is imperative that the FBI get involved and conduct the investigation as early as possible.”
Beginning around May fourteenth, and for several days thereafter, there had been a number of statements from the Westchester County District Attorney’s Office indicating that office had called upon United States Attorney Michael J. Garcia, and the FBI to aid in the investigation into the death by homicide of Rene Perez, a homeless, undocumented, Latino found near death, on the side of the road in Bedford, less than one hour after contact with officers from the Mount Kisco Police Department, late in the evening of April 28. Those statements obviously created some confusion in the media given the obvious civil rights implications attached to the widely held suspicion that Mr. Perez might have been the victim of police brutality, or at the very least, criminal negligence
at the hands of police.
On May 18th, responding to numerous media inquiries, the Office of the United States Attorney for the Southern District of New York released the following statement:
United States Attorney
Southern District of New York
FOR IMMEDIATE RELEASE CONTACT: U.S. ATTORNEY’S OFFICE
MAY 18, 2007 HERBERT HADAD, YUSILL SCRIBNER,
REBEKAH CARMICHAEL
PUBLIC INFORMATION OFFICE
(914) 993-1900, (212) 637-2600
STATEMENT BY UNITED STATES ATTORNEY MICHAEL J. GARCIA REGARDING THE FEDERAL INVESTIGATION INTO THE DEATH OF RENE PEREZ
"We have received media inquiries seeking to clarify the extent of the federal role in the on-going investigation
being conducted by state and local authorities into the death of Rene Perez.
"On May 8, 2007, the FBI opened a civil rights investigation into this matter. Thereafter, the Westchester
County District Attorney asked the United States Attorney's Office and the FBI to join the state investigation.
"At the present time, state and federal authorities are not conducting a joint investigation. State authorities will
continue their homicide investigation. Federal authorities will continue to actively monitor the progress of the state
investigation and to offer assistance as requested. Federal authorities will be reviewing the evidence, including evidence amassed in the state investigation, to determine whether a violation of federal civil rights laws has occurred.
"During the pendency of the state and local investigation, the FBI will remain available to receive information from the public regarding this matter. Anyone with information regarding the circumstances leading to the death of
Rene Perez may contact the FBI at (212) 384-5000. Spanish speaking agents will be available to receive such calls," stated MICHAEL J. GARCIA, United States Attorney for the Southern District of New York.
United States Attorney - Southern District of New York
Statement From United States Attorney Michael J. Garcia Vindicates The Guardian’s Position On Perez Investigation
Two weeks ago The Guardian, in an editorial entitled FBI Must Step Into Perez Case, declared, “In fact, because it is strongly suspected that the injuries sustained by Perez which led to his death only hours later, might very well have been inflicted by police officers acting under Color of Law; and, given the civil rights implications of such suspicions, it is imperative that the FBI get involved and conduct the investigation as early as possible.”
Beginning around May fourteenth, and for several days thereafter, there had been a number of statements from the Westchester County District Attorney’s Office indicating that office had called upon United States Attorney Michael J. Garcia, and the FBI to aid in the investigation into the death by homicide of Rene Perez, a homeless, undocumented, Latino found near death, on the side of the road in Bedford, less than one hour after contact with officers from the Mount Kisco Police Department, late in the evening of April 28. Those statements obviously created some confusion in the media given the obvious civil rights implications attached to the widely held suspicion that Mr. Perez might have been the victim of police brutality, or at the very least, criminal negligence
at the hands of police.
On May 18th, responding to numerous media inquiries, the Office of the United States Attorney for the Southern District of New York released the following statement:
United States Attorney
Southern District of New York
FOR IMMEDIATE RELEASE CONTACT: U.S. ATTORNEY’S OFFICE
MAY 18, 2007 HERBERT HADAD, YUSILL SCRIBNER,
REBEKAH CARMICHAEL
PUBLIC INFORMATION OFFICE
(914) 993-1900, (212) 637-2600
STATEMENT BY UNITED STATES ATTORNEY MICHAEL J. GARCIA REGARDING THE FEDERAL INVESTIGATION INTO THE DEATH OF RENE PEREZ
"We have received media inquiries seeking to clarify the extent of the federal role in the on-going investigation
being conducted by state and local authorities into the death of Rene Perez.
"On May 8, 2007, the FBI opened a civil rights investigation into this matter. Thereafter, the Westchester
County District Attorney asked the United States Attorney's Office and the FBI to join the state investigation.
"At the present time, state and federal authorities are not conducting a joint investigation. State authorities will
continue their homicide investigation. Federal authorities will continue to actively monitor the progress of the state
investigation and to offer assistance as requested. Federal authorities will be reviewing the evidence, including evidence amassed in the state investigation, to determine whether a violation of federal civil rights laws has occurred.
"During the pendency of the state and local investigation, the FBI will remain available to receive information from the public regarding this matter. Anyone with information regarding the circumstances leading to the death of
Rene Perez may contact the FBI at (212) 384-5000. Spanish speaking agents will be available to receive such calls," stated MICHAEL J. GARCIA, United States Attorney for the Southern District of New York.
United States Attorney - Southern District of New York
Thursday, May 24, 2007
Janet Difiore.
DA DiFiore Visits Mt. Kisco Seeks Help From Latino Community.
Last Wednesday night, in the wake of a severe thunder and wind storm, which took down trees and power lines in the Mt. Kisco area, Westchester District Attorney Janet DiFiore, nevertheless, made an appearance at a gathering at Mt. Kisco Village Hall before some one hundred, mostly Latino, concerned citizens, there to protest the unsolved recent death of Rene Perez and two other Latinos strangled to death in the area in 2003 and 2004.
Introduced to the crowd by Fernando Mateo, founder of Hispanics Across America, DiFiore, surrounded by Mateo, DA Investigator Glover, and several Guardian Angels, declared, “I have come for a single purpose, to let the people know my office is handling the investigation into the death of Rene Perez.”
DiFiore went on to make an appeal to those gathered, as well as to the community at large, to come forward with any information that might be helpful in determining the exact circumstances leading up to Rene Perez’
death in the early morning hours of April 29. The DA attempted to ease any concerns on the part of undocumented individuals who might fear deportation or other repercussions for coming forward
with information.
Members of the District Attorney’s Office distributed a flyer, in both English and Spanish, displaying a picture of Rene Perez and offering a confi-dential hotline number, 914.995.6247, in the effort to draw out informants.
Last Wednesday night, in the wake of a severe thunder and wind storm, which took down trees and power lines in the Mt. Kisco area, Westchester District Attorney Janet DiFiore, nevertheless, made an appearance at a gathering at Mt. Kisco Village Hall before some one hundred, mostly Latino, concerned citizens, there to protest the unsolved recent death of Rene Perez and two other Latinos strangled to death in the area in 2003 and 2004.
Introduced to the crowd by Fernando Mateo, founder of Hispanics Across America, DiFiore, surrounded by Mateo, DA Investigator Glover, and several Guardian Angels, declared, “I have come for a single purpose, to let the people know my office is handling the investigation into the death of Rene Perez.”
DiFiore went on to make an appeal to those gathered, as well as to the community at large, to come forward with any information that might be helpful in determining the exact circumstances leading up to Rene Perez’
death in the early morning hours of April 29. The DA attempted to ease any concerns on the part of undocumented individuals who might fear deportation or other repercussions for coming forward
with information.
Members of the District Attorney’s Office distributed a flyer, in both English and Spanish, displaying a picture of Rene Perez and offering a confi-dential hotline number, 914.995.6247, in the effort to draw out informants.
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.
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.
Thursday, May 17, 2007
In Our Opinion...
FBI Must Step Into Perez Case
It doesn’t require the wisdom of Solomon to recognize that neither the Mount Kisco Village Police, nor the Bedford Town Police Department, should be actively engaged in the investigation of the “death by homicide,” as determined by the Westchester Medical Examiner’s Office, of Rene Perez, in the early morning hours of April 29th. Given that officers from each department are acknowledged to have had contact with Mr. Perez, a well-known, homeless, alcoholic individual, between approximately 8:30 and 11:00pm on the evening of April 28th,
reasonableness, and professional investigative ethics, demand that a third-party agency investigation be conducted.
We believe the agency most appropriate, and best equipped to conduct the investigation into the circumstances of Rene Perez’ death is the Federal Bureau Of Investigation. Clearly, the information that has been forthcoming, from both the Mount Kisco and Bedford Departments, regarding a man with a long record of arrests, mostly for “quality of life offenses,” a man essentially viewed as a homeless vagrant, strongly suggests that a fresh, and unbiased perspective must be employed if every stone is to be turned, and the development of evidence is to go forward seriously. In fact, because it is strongly suspected that the injuries sustained by Perez which led to his death only hours later, might very well have been inflicted by police officers acting under Color of Law; and given the civil rights implications of such suspicions, it is imperative that the FBI get involved and conduct the investigation as early as possible.
Described by social workers and others who knew him, and who attempted to assist him, as a “reasonable and intelligent individual, when sober,” Rene Perez, was, nevertheless, arrested fifty-nine times over some twelve years in the Mount Kisco community, hardly a reputation that might compel a vigorous investigation, by local authorities, or the Westchester District Attorney’s Office.
We have recently, within the last two weeks, brought to the awareness of our readers the death of another man of color, like Perez, without roots in the Westchester Community. Oscar Nedd, the victim of a homicide more than thirty-two years ago, whose demise has been virtually treated by White Plains Police and the Westchester District Attorney’s Office as though it were a misdemeanor, hopefully, will finally receive the attention he has too long been denied.
Save for the dedicated work, over three decades, in retirement, by former White Plains Detective Austin Avery, the brutal killing of Mr. Nedd, a hardworking, young Black man of modest means from rural Georgia, living in White Plains, would never be brought before the Bar of Justice.
In light of all of the above, and given the unsolved deaths by strangulation of two other Guatemalan immigrants in Mount Kisco in 2003 and 2004, the death of Rene Perez demands immediate and deliberate intervention, and investigation, by the FBI.
FBI Must Step Into Perez Case
It doesn’t require the wisdom of Solomon to recognize that neither the Mount Kisco Village Police, nor the Bedford Town Police Department, should be actively engaged in the investigation of the “death by homicide,” as determined by the Westchester Medical Examiner’s Office, of Rene Perez, in the early morning hours of April 29th. Given that officers from each department are acknowledged to have had contact with Mr. Perez, a well-known, homeless, alcoholic individual, between approximately 8:30 and 11:00pm on the evening of April 28th,
reasonableness, and professional investigative ethics, demand that a third-party agency investigation be conducted.
We believe the agency most appropriate, and best equipped to conduct the investigation into the circumstances of Rene Perez’ death is the Federal Bureau Of Investigation. Clearly, the information that has been forthcoming, from both the Mount Kisco and Bedford Departments, regarding a man with a long record of arrests, mostly for “quality of life offenses,” a man essentially viewed as a homeless vagrant, strongly suggests that a fresh, and unbiased perspective must be employed if every stone is to be turned, and the development of evidence is to go forward seriously. In fact, because it is strongly suspected that the injuries sustained by Perez which led to his death only hours later, might very well have been inflicted by police officers acting under Color of Law; and given the civil rights implications of such suspicions, it is imperative that the FBI get involved and conduct the investigation as early as possible.
Described by social workers and others who knew him, and who attempted to assist him, as a “reasonable and intelligent individual, when sober,” Rene Perez, was, nevertheless, arrested fifty-nine times over some twelve years in the Mount Kisco community, hardly a reputation that might compel a vigorous investigation, by local authorities, or the Westchester District Attorney’s Office.
We have recently, within the last two weeks, brought to the awareness of our readers the death of another man of color, like Perez, without roots in the Westchester Community. Oscar Nedd, the victim of a homicide more than thirty-two years ago, whose demise has been virtually treated by White Plains Police and the Westchester District Attorney’s Office as though it were a misdemeanor, hopefully, will finally receive the attention he has too long been denied.
Save for the dedicated work, over three decades, in retirement, by former White Plains Detective Austin Avery, the brutal killing of Mr. Nedd, a hardworking, young Black man of modest means from rural Georgia, living in White Plains, would never be brought before the Bar of Justice.
In light of all of the above, and given the unsolved deaths by strangulation of two other Guatemalan immigrants in Mount Kisco in 2003 and 2004, the death of Rene Perez demands immediate and deliberate intervention, and investigation, by the FBI.
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