The Advocate
Richard Blassberg
Tony Castro Speaks About Domestic Violence
At Fordham University School Of Law
Last Monday, April 6, Tony Castro, candidate for District Attorney of Westchester, appeared at Fordham University Law School in New York City for a panel discussion of domestic violence.
Castro was joined by Dr. Maria Munoz Kantha, family therapist, columnist and lecturer on issues of marriage and family, who organized the symposium, as well as Dr. Josie Diaz, youth and adolescent counselor and advisor, and Laura Cruz-Colon, domestic violence survivor,
broadcaster and lecturer.
Castro, who was an Assistant District Attorney, rising to Deputy Bureau Chief of Homicides and the Grand Jury over 14 years in The Bronx District Attorney’s Office, has been in private practice, engaged principally in criminal defense, for the past eight years. He shared, with some 50 law students in attendance, some of what he had learned on the Defense side in numerous domestic violence cases. He spoke of the importance of maintaining a fair and open-minded attitude, and, not necessarily seeking only short-term solutions to domestic violence
issues, but rather longterm, comprehensive agreements that will satisfy the needs of each partner and, more importantly, the children, if any, involved.
Castro stressed the importance of thorough investigation to determine the accuracy and veracity of all allegations and counter-claims in domestic violence cases. He pointed out the fact that people involved in alleged domestic violence “do not always have the courage to analyze the truth”. He stated, “An Order of Protection can create a false sense of security, but it does work in 90 percent of cases.”
Dr. Kantha spoke of “The cycle of power and control.” She stressed the need to understand the dynamics of the relationship in cases of domestic violence, and the need to approach such situations with empathy.
Kantha made a Powerpoint presentation displaying very graphic projected images of the severe facial and bodily injury inflicted by the domestic partner of Carolyn Thomas, a well-known Olympic athlete who lost most of her face to a gunshot by an enraged domestic partner who also killed her mother.
Dr. Josie Diaz told the aspiring lawyers, “Orders of Protection are a mixed bag.” She discussed acquaintance rape and violence between adolescents. She explained that often women “make up with a violent partner several times, essentially because they are afraid of them, and afraid of being
alone.” Dr. Diaz pointed out that we tend to raise boys and girls differently; rewarding boys for aggressive acts, but girls for being quiet. She cited instances of parents and other adult authority figures who frequently make calls to emergency mental health agencies when they discover boys playing with dolls.
Dr. Kantha reinforced the experiences revealed by Dr. Diaz, citing several instances from her own professional experience in family counseling and individual therapy, explaining the frequent tendency by misguided adults to overreact out of fears of homosexuality.
Laura Cruz-Colon, a domestic violence survivor, speaking about her former violent partner, told the students, “I didn’t want to hurt him,
I wanted to kill him,” as she detailed the emotions and thoughts that she lived with during an abusive relationship early in her adult life. She
detailed the fear and the guilt she experienced during 11 years of psychological and physical abuse.
She explained that the reality was she was, “no more abused than I allowed.” She told the students that she had to develop a plan of action which took three years to execute. Now happily married for more than 20 years, Cruz-Colon explained, “Abuse doesn’t stop on its own. It requires a re-framing of self.”
Tony Castro took the opportunity to detail the importance of cooperation between law enforcement, Police and the District Attorney’s
Office, together with community social service and health care agencies, in successfully dealing with cases of domestic violence, particularly where there are children involved. He cited a Yonkers case, the tragic outcome in the Dennis Alvarez-Hernandez/Patricia Torres relationship which ended in the death, by stabbing, of Torres and two of her four young children fathered by two other men, at the hands of Alvarez-
Hernandez during one of the couple’s many alcoholic binges.
Castro illustrated for the students how it was that two individuals, with numerous police reports of domestic violence, could nevertheless slip through the cracks, going unchecked and uncorrected, until it was too late. He said, “One organization will point a finger at another. And, then, the pendulum tends to swing the other way when you have such a notorious case.”
Castro stressed the importance of communication and cooperation between the District Attorney’s Office and all other agencies involved to prevent tragic outcomes in cases of domestic violence.
Thursday, April 16, 2009
Westchester Guardian/In Our Opinion/Our Readers Respond/Westchester County Government.
Thursday, April 16, 2009
In Our Opinion...
Perhaps A D.O.J. We Can Feel Good About
We are particularly pleased with the signals now coming from the Justice Department with respect to that Department’s prior handling of
former United States Senator Ted Stevens of Alaska. Stevens, who lost his bid for re-election in a close race last November, had been convicted days earlier, Oct. 27, 2008, on seven felony counts, and to that point, had been the longest-serving Republican in Senate history.
Particularly significant and reassuring is the fact that Attorney General Eric H. Holder, Jr. had become personally involved upon learning of the extensive prosecutorial misconduct, withholding of Brady material that had gone into Stevens’ conviction. Holder became involved upon learning of the actions of federal prosecutors from Alaska as well as those from the Public Integrity Unit of the Department of Justice in Washington.
The big question that remains primarily unanswered involves just how much of the concealment of exculpatory information from the Defense
resulted from procedural bungling and poor judgment, “cutting corners” under time constraints; and, how much resulted from deliberate, calculated Constitutional and ethics violations intended to improve the chances of achieving Stevens’ conviction.
We are not merely encouraged that Eric Holder acted swiftly and decisively to remedy the Unconstitutional injury to Stevens, but also, as importantly, that he has brought the Department’s Office of Professional Responsibility into the case to determine what, if any, sanctions should be applied to those prosecutors involved. We have long argued for federal legislation that would impose both financial and incarcerative penalties on federal and state prosecutors who willfully and knowingly engage in misconduct.
Additionally, We understand that the Justice Department is examining whether supervisory staff overseeing those prosecutors involved in the case might have been too lax or somehow missed signals that should have tipped them off. The failure of upper-level staff to reign in and more tightly control their otherwise “highly-regarded” prosecutors, lawyers with significant experience in public integrity cases, particularly in light of the trial judge’s strong criticism of the Prosecution well into the trial.
Senator Stevens ironically was convicted on seven counts of failing to disclose nearly a quarter of a million dollars in goods and services received from special interest constituents. Nevertheless, the government in interviewing one such constituent, whom they had intended to be a chief prosecution witness, uncovered information that would have been very helpful to the Defense on at least two critical issues, but failed to turn it over to them.
That failure by Prosecutors to comply with their Constitutional obligation to Defendant Stevens only came to light in February, nearly four months after Stevens had been convicted. And, unlike other instances of prosecutorial misconduct, withholding of Brady, discovered in the course of the trial and dealt with by Judge Emmet G. Sullivan, this discovery came too late for any remedy short of overturning the conviction.
Our Readers Respond...
A Westchester Taxpayer Speaks Up For Most)
Dear Editor:
My name is Kurt Colucci, a lifelong resident of New Rochelle, current homeowner and a fed-up Westchester resident. With all our political/economic systems failing, I feel truly angry that my home property taxes have risen to the astronomical levels they currently are and rising. The city/county offers no tax relief for individuals struggling. I need guidance from my elected officials, what do I do?
My tax cost is nearly $16,000 per year. I make $100k in salary (it seems like a lot, but trust me it’s not). I am not married, I take care of my mother and 90-year-old great uncle (nursing home is not an option, he deserves love and caring from those that he looked after).
I am 32, hard-working and a college graduate. I’ve even taught college for four years, so I am not foolish or lazy. Up until recently I couldn’t even afford my own health insurance or various other necessities, but never complain. I just work and pay the bills, no fancy living, just the essentials.
This winter I was forced to make a critical decision, pay my property taxes or pay for home heating oil. Since death and taxes are the only two guarantees in life, you can guess what check was cut, the quarter $4k to City of New Rochelle Tax Collector, as I always do.
I would like to ask other residents and our “politicians”, what would you do? Should I let my family freeze? Maybe I should take a chance and let my home pipes freeze.
I work nearly 70 hours a week as it is, should I work the graveyard shift at the North Avenue Mobil Station for an extra $125 a week to pay our over-inflated, useless County government salaries, or perhaps I should contribute to their retirement pensions? Oh, wait, I already do, in the form of County tax. God knows I don’t even have a retirement savings, nor does my poor mother who raised two kids on her own without additionally funded support. I’m sure I seem like a cranky, bitter person; I assure you, I am not.
I am scared to seek advice from my elected officials, whom I cast my vote for, however I’ve been left out in the bitter cold chasing my tail for answers. I’m tired and dizzy! Well, I have news for them, soon they will be dizzy, because come April 25th they won’t know what hit them, a hell of a lot of angry, over-taxed, hard-working Westchester residents will speak out against these insidious vipers!!
I don’t mind doing my part for the community, but this is asking way too much of a single individual given the current circumstances!
Kurt Colucci, New Rochelle
Reprinted with permission from the Idaho Observer:
“All the truth, nothing but the truth, so help us God” This was the motto of the paper I published in Middletown, New York. The name of the paper was The Wallkill Journal, and I, Anthony Russo, the publisher, spent years relentlessly exposing government officials and public servants for their treasons against “We the People.”
On many occasions over the years I was offered positions of prominence by the aforementioned traitors, always turning them down. Why would I want to be counted among the miscreants? I care too much for “the People” and too much for the truth. I had been threatened over the years and suffered greatly in my pursuit of the injustices and crimes against the people they were charged with protecting. In an effort
to deter me, I was motivated even more to bring out the truths. I have fought against the powers of darkness with all the resources of God,
and now I will tell you how they tried to silence me...
At 4 a.m. on December 24, 2004, I was returning from the corner store when I pulled into my driveway. I looked in the rearview mirror and
saw, parked diagonally behind me, a police car with its lights on. It is safe to say that I was very concerned for I had not broken any of the traffic laws that morning. I rolled down the window to see what the officer wanted and to my utter astonishment Officer Darrel Agarin of the Wallkill Police Department yelled at me, “Mr. Russo, give me the gun you have in the car now!” To say I was shocked would be the understatement of the year. I didn’t have a gun in the car. I realize now that was the set up.
As I was sitting in the car, my back was still facing the officer and suddenly, without provocation, my life was changed forever. Officer Algarin started shooting at my car. I felt a thud in the middle of my back; bullets were smashing all around me. I was terrified! I went into a state of total shock and turned into the gun- fire. I was shot a total of six times, twice in the shoulder, twice in the forearm, and once in the hand. This shooting was the long awaited assassination, the retaliation I was warned of. I realize now that had I not turned towards the gun fire, the two bullets that hit my shoulder would have hit my head! That’s about all I remember before it all went black...
What I am about to tell you I heard from concerned neighbors and officials that were at the scene. They all later testified at my trial. What they said is that Officer Algarin pulled me out of the car after shooting me. He then dragged me to the back of the car, which was facing the street. I now think he did this to make it look as though he shot me while I was outside the car, I don’t know. It was witnessed that he kicked me in the side and that is how my ribs were cracked. This was told specifically to me by Everett Moore, an eyewitness that Officer Algarin
regrets having there. Moore saw the whole thing. Algarin then bent down over me and declared, “He is dead; call the coroner!”
He then placed a black tarp over me, letting me expire. All of the gunfire drew more witnesses, one of which was Dan McDunne. Mc-Dunne is a paramedic by trade. He was one of the first response teams called to the Oklahoma City bombing because of his well-known expertise.
He also tried to attend to me after the shooting. His heroic efforts will never be forgotten. When he tried to come to my aid, Officer Algarin would not let him near me.
He told McDunne, “Step away from him! We are waiting for the coroner to get here.”
McDunne told me later that he heard Officer Algarin tell dispatch there was no need to send paramedics because I was already dead. Algarin’s ruse did not work. When the ambulance got there, they pushed their way over to me and shot something into me, and declared, “This man is not dead!” They put me on the gurney and proceeded to begin taking four of the six bullets that were most life threatening out of my body.
These .45-caliber bullets were fired at me from no more than 15 feet away. Then it was off to the hospital for another harrowing experience.
It seems that Officer Algarin had a strong ally in renegade New York County Judge Jeffrey Berry, who was against me from the start. Officer Algarin, Jan B. Golding of The New York State Police Department, and Judge Jeffrey Berry all conspired against me to cover-up the failed assassination of Publisher Anthony Russo. It was only a er being released from jail that I discovered these atrocities.
On my first face-to-face meeting with Judge Berry, my attorney, Mr. Hirsch, asked the judge to lower my bail from $300,000 to an attainable
amount. Judge Berry refused initially citing that it was “not the nature of the crime but the man.” The charges themselves were reduced from attempted murder to criminal possession of a weapon. The amped up original charge of attempted murder of a police officer, the grand jury
would not indict me on. When the attorney informed the judge, “Your Honor last week in the town of Deer Park a man charged with a similar
charge was given a bail of only $1,000, much less than the amount you are asking here.”
The Judge replied, “Its different ‘scopes’ for different folks.” Bail was reduced to $200,000, an amount just as ridiculous and showed Judge Berry’s prejudice and bias. At the trial, police officers testified on my behalf. The testimony of the police would have been enough to dismiss the entire case from the court but Judge Berry ignored the testimony. The nightmare has not ended. There is not enough space to
write all that I have endured.
For more information regarding this case, please contact me at Bare Hill Correctional Facility, my DIN #05A5228, Caller Box 20, 181 Brand
Road, Malone, New York 12953.
Anthony Russo
Note: Russo, 68, swears that the above “affidavit” is true and correct. For the “crime” of being an unarmed man shot by a cop, in his own driveway, without legitimate cause, in an apparently botched murder attempt, Russo was sentenced to 14 years in prison in October, 2005.
The earliest possible release date noted by the State of New York is October, 2009.
Re: Paul Cote
Dear Editor:
As a priest and family friend, I find it totally unconscionable that Paul Cote be incarcerated. As a priest I recognize that in my world it has to be less about justice and restitution and more about mercy and forgiveness. Nonetheless the decision the Court has taken in reference to this good man does nothing to dissipate the notion among many whom I serve as a priest that true justice is too o en sacrificed to technicalities, the preconceived notions of the judge, and the “artistry” of the prosecutor.
As a family friend I know the quality of character and integrity with which Paul was educated and which he imparts to his children. I pray that this good family will draw some consolation, even if little, from the conviction that truth will triumph in the end.
In the meantime I want to declare my condolences for this family, my belief in Paul Cote’s innocence, my solidarity with the many other
letters written in his defense, and my outrage at the conviction and sentencing of Paul Cote.
Rev. Timothy C. Ploch, SDB
In Our Opinion...
Perhaps A D.O.J. We Can Feel Good About
We are particularly pleased with the signals now coming from the Justice Department with respect to that Department’s prior handling of
former United States Senator Ted Stevens of Alaska. Stevens, who lost his bid for re-election in a close race last November, had been convicted days earlier, Oct. 27, 2008, on seven felony counts, and to that point, had been the longest-serving Republican in Senate history.
Particularly significant and reassuring is the fact that Attorney General Eric H. Holder, Jr. had become personally involved upon learning of the extensive prosecutorial misconduct, withholding of Brady material that had gone into Stevens’ conviction. Holder became involved upon learning of the actions of federal prosecutors from Alaska as well as those from the Public Integrity Unit of the Department of Justice in Washington.
The big question that remains primarily unanswered involves just how much of the concealment of exculpatory information from the Defense
resulted from procedural bungling and poor judgment, “cutting corners” under time constraints; and, how much resulted from deliberate, calculated Constitutional and ethics violations intended to improve the chances of achieving Stevens’ conviction.
We are not merely encouraged that Eric Holder acted swiftly and decisively to remedy the Unconstitutional injury to Stevens, but also, as importantly, that he has brought the Department’s Office of Professional Responsibility into the case to determine what, if any, sanctions should be applied to those prosecutors involved. We have long argued for federal legislation that would impose both financial and incarcerative penalties on federal and state prosecutors who willfully and knowingly engage in misconduct.
Additionally, We understand that the Justice Department is examining whether supervisory staff overseeing those prosecutors involved in the case might have been too lax or somehow missed signals that should have tipped them off. The failure of upper-level staff to reign in and more tightly control their otherwise “highly-regarded” prosecutors, lawyers with significant experience in public integrity cases, particularly in light of the trial judge’s strong criticism of the Prosecution well into the trial.
Senator Stevens ironically was convicted on seven counts of failing to disclose nearly a quarter of a million dollars in goods and services received from special interest constituents. Nevertheless, the government in interviewing one such constituent, whom they had intended to be a chief prosecution witness, uncovered information that would have been very helpful to the Defense on at least two critical issues, but failed to turn it over to them.
That failure by Prosecutors to comply with their Constitutional obligation to Defendant Stevens only came to light in February, nearly four months after Stevens had been convicted. And, unlike other instances of prosecutorial misconduct, withholding of Brady, discovered in the course of the trial and dealt with by Judge Emmet G. Sullivan, this discovery came too late for any remedy short of overturning the conviction.
Our Readers Respond...
A Westchester Taxpayer Speaks Up For Most)
Dear Editor:
My name is Kurt Colucci, a lifelong resident of New Rochelle, current homeowner and a fed-up Westchester resident. With all our political/economic systems failing, I feel truly angry that my home property taxes have risen to the astronomical levels they currently are and rising. The city/county offers no tax relief for individuals struggling. I need guidance from my elected officials, what do I do?
My tax cost is nearly $16,000 per year. I make $100k in salary (it seems like a lot, but trust me it’s not). I am not married, I take care of my mother and 90-year-old great uncle (nursing home is not an option, he deserves love and caring from those that he looked after).
I am 32, hard-working and a college graduate. I’ve even taught college for four years, so I am not foolish or lazy. Up until recently I couldn’t even afford my own health insurance or various other necessities, but never complain. I just work and pay the bills, no fancy living, just the essentials.
This winter I was forced to make a critical decision, pay my property taxes or pay for home heating oil. Since death and taxes are the only two guarantees in life, you can guess what check was cut, the quarter $4k to City of New Rochelle Tax Collector, as I always do.
I would like to ask other residents and our “politicians”, what would you do? Should I let my family freeze? Maybe I should take a chance and let my home pipes freeze.
I work nearly 70 hours a week as it is, should I work the graveyard shift at the North Avenue Mobil Station for an extra $125 a week to pay our over-inflated, useless County government salaries, or perhaps I should contribute to their retirement pensions? Oh, wait, I already do, in the form of County tax. God knows I don’t even have a retirement savings, nor does my poor mother who raised two kids on her own without additionally funded support. I’m sure I seem like a cranky, bitter person; I assure you, I am not.
I am scared to seek advice from my elected officials, whom I cast my vote for, however I’ve been left out in the bitter cold chasing my tail for answers. I’m tired and dizzy! Well, I have news for them, soon they will be dizzy, because come April 25th they won’t know what hit them, a hell of a lot of angry, over-taxed, hard-working Westchester residents will speak out against these insidious vipers!!
I don’t mind doing my part for the community, but this is asking way too much of a single individual given the current circumstances!
Kurt Colucci, New Rochelle
Reprinted with permission from the Idaho Observer:
“All the truth, nothing but the truth, so help us God” This was the motto of the paper I published in Middletown, New York. The name of the paper was The Wallkill Journal, and I, Anthony Russo, the publisher, spent years relentlessly exposing government officials and public servants for their treasons against “We the People.”
On many occasions over the years I was offered positions of prominence by the aforementioned traitors, always turning them down. Why would I want to be counted among the miscreants? I care too much for “the People” and too much for the truth. I had been threatened over the years and suffered greatly in my pursuit of the injustices and crimes against the people they were charged with protecting. In an effort
to deter me, I was motivated even more to bring out the truths. I have fought against the powers of darkness with all the resources of God,
and now I will tell you how they tried to silence me...
At 4 a.m. on December 24, 2004, I was returning from the corner store when I pulled into my driveway. I looked in the rearview mirror and
saw, parked diagonally behind me, a police car with its lights on. It is safe to say that I was very concerned for I had not broken any of the traffic laws that morning. I rolled down the window to see what the officer wanted and to my utter astonishment Officer Darrel Agarin of the Wallkill Police Department yelled at me, “Mr. Russo, give me the gun you have in the car now!” To say I was shocked would be the understatement of the year. I didn’t have a gun in the car. I realize now that was the set up.
As I was sitting in the car, my back was still facing the officer and suddenly, without provocation, my life was changed forever. Officer Algarin started shooting at my car. I felt a thud in the middle of my back; bullets were smashing all around me. I was terrified! I went into a state of total shock and turned into the gun- fire. I was shot a total of six times, twice in the shoulder, twice in the forearm, and once in the hand. This shooting was the long awaited assassination, the retaliation I was warned of. I realize now that had I not turned towards the gun fire, the two bullets that hit my shoulder would have hit my head! That’s about all I remember before it all went black...
What I am about to tell you I heard from concerned neighbors and officials that were at the scene. They all later testified at my trial. What they said is that Officer Algarin pulled me out of the car after shooting me. He then dragged me to the back of the car, which was facing the street. I now think he did this to make it look as though he shot me while I was outside the car, I don’t know. It was witnessed that he kicked me in the side and that is how my ribs were cracked. This was told specifically to me by Everett Moore, an eyewitness that Officer Algarin
regrets having there. Moore saw the whole thing. Algarin then bent down over me and declared, “He is dead; call the coroner!”
He then placed a black tarp over me, letting me expire. All of the gunfire drew more witnesses, one of which was Dan McDunne. Mc-Dunne is a paramedic by trade. He was one of the first response teams called to the Oklahoma City bombing because of his well-known expertise.
He also tried to attend to me after the shooting. His heroic efforts will never be forgotten. When he tried to come to my aid, Officer Algarin would not let him near me.
He told McDunne, “Step away from him! We are waiting for the coroner to get here.”
McDunne told me later that he heard Officer Algarin tell dispatch there was no need to send paramedics because I was already dead. Algarin’s ruse did not work. When the ambulance got there, they pushed their way over to me and shot something into me, and declared, “This man is not dead!” They put me on the gurney and proceeded to begin taking four of the six bullets that were most life threatening out of my body.
These .45-caliber bullets were fired at me from no more than 15 feet away. Then it was off to the hospital for another harrowing experience.
It seems that Officer Algarin had a strong ally in renegade New York County Judge Jeffrey Berry, who was against me from the start. Officer Algarin, Jan B. Golding of The New York State Police Department, and Judge Jeffrey Berry all conspired against me to cover-up the failed assassination of Publisher Anthony Russo. It was only a er being released from jail that I discovered these atrocities.
On my first face-to-face meeting with Judge Berry, my attorney, Mr. Hirsch, asked the judge to lower my bail from $300,000 to an attainable
amount. Judge Berry refused initially citing that it was “not the nature of the crime but the man.” The charges themselves were reduced from attempted murder to criminal possession of a weapon. The amped up original charge of attempted murder of a police officer, the grand jury
would not indict me on. When the attorney informed the judge, “Your Honor last week in the town of Deer Park a man charged with a similar
charge was given a bail of only $1,000, much less than the amount you are asking here.”
The Judge replied, “Its different ‘scopes’ for different folks.” Bail was reduced to $200,000, an amount just as ridiculous and showed Judge Berry’s prejudice and bias. At the trial, police officers testified on my behalf. The testimony of the police would have been enough to dismiss the entire case from the court but Judge Berry ignored the testimony. The nightmare has not ended. There is not enough space to
write all that I have endured.
For more information regarding this case, please contact me at Bare Hill Correctional Facility, my DIN #05A5228, Caller Box 20, 181 Brand
Road, Malone, New York 12953.
Anthony Russo
Note: Russo, 68, swears that the above “affidavit” is true and correct. For the “crime” of being an unarmed man shot by a cop, in his own driveway, without legitimate cause, in an apparently botched murder attempt, Russo was sentenced to 14 years in prison in October, 2005.
The earliest possible release date noted by the State of New York is October, 2009.
Re: Paul Cote
Dear Editor:
As a priest and family friend, I find it totally unconscionable that Paul Cote be incarcerated. As a priest I recognize that in my world it has to be less about justice and restitution and more about mercy and forgiveness. Nonetheless the decision the Court has taken in reference to this good man does nothing to dissipate the notion among many whom I serve as a priest that true justice is too o en sacrificed to technicalities, the preconceived notions of the judge, and the “artistry” of the prosecutor.
As a family friend I know the quality of character and integrity with which Paul was educated and which he imparts to his children. I pray that this good family will draw some consolation, even if little, from the conviction that truth will triumph in the end.
In the meantime I want to declare my condolences for this family, my belief in Paul Cote’s innocence, my solidarity with the many other
letters written in his defense, and my outrage at the conviction and sentencing of Paul Cote.
Rev. Timothy C. Ploch, SDB
Janet Difiore and Chris Ridley Case.
Thursday, April 16, 2009.
The Court Report
By Richard Blassberg
Father Of Murdered Heroic Police Officer
Christopher Ridley Sues DA DiFiore In Fed Court
If Allegations Prove Correct, DiFiore Faces Prosecution
Stanley Ridley, father of the late Christopher Ridley, the Mount Vernon Police Officer who lost his life nearly 15 months ago to a bullet fired by a Westchester County cop, has brought a $10 million lawsuit in Federal Court charging Westchester District Attorney Janet DiFiore with organizing and perpetuating a fraudulent cover-up of a “self-evidently racist murder of an African-American Police Officer”, his son Christopher Ridley, 23, “by a Caucasian County Police Officer.”
The Summons and Complaint filed last Friday, April 10, in United States Federal District Court, White Plains, alleges that DiFiore “enlisted the cooperation of her co-Defendants to hide from Officer Ridley’s father the circumstances under which his son had been executed.” It is further charged that, “DiFiore directed, and Hyland (Chief Medical Examiner Millard Hyland) agreed to keep secret the medical examiner’s report regarding Officer Ridley’s autopsy even though that document is a public record, because it would prove the fatal, albeit unnecessary point-blank gunshot to Officer Ridley’s forehead.” The complaint further charges, “Hyland arranged to have the upper portion of Officer Ridley’s head bandaged while he was in the morgue so that Plaintiff could not see either the entry wound above his left eye or the bulge in the rear of Officer Ridley’s skull.”
Interviewed by The Guardian, Stanley Ridley explained that he was bringing the present federal action against the District Attorney and all of her co-Defendants who have conspired to keep the truth from him and from the public, in an effort to clear his son’s name. In that connection, readers will remember the calculated effort by DA DiFiore to suggest recklessness on Officer Ridley’s part by way of attempting to mitigate the County’s role and responsibility in his tragic death; the whole fiction advanced that Officer Ridley was not displaying his badge while carrying his service weapon; that it was found left in his car.
There is a reason why Janet DiFiore has repeatedly refused to release the video recordings of no fewer than four, and possibly as many as six, cameras mounted on the County Office Building as well as at 85 Court Street, each overlooking the scene of the tragic incident. DiFiore has stubbornly refused to show the un-redacted, un-doctored tapes because they would clearly confirm what several horrified eyewitnesses saw, located within a few feet of Officer Ridley, and have reported, that he was assassinated by Officer Frank Oliveri.
The Court Report
By Richard Blassberg
Father Of Murdered Heroic Police Officer
Christopher Ridley Sues DA DiFiore In Fed Court
If Allegations Prove Correct, DiFiore Faces Prosecution
Stanley Ridley, father of the late Christopher Ridley, the Mount Vernon Police Officer who lost his life nearly 15 months ago to a bullet fired by a Westchester County cop, has brought a $10 million lawsuit in Federal Court charging Westchester District Attorney Janet DiFiore with organizing and perpetuating a fraudulent cover-up of a “self-evidently racist murder of an African-American Police Officer”, his son Christopher Ridley, 23, “by a Caucasian County Police Officer.”
The Summons and Complaint filed last Friday, April 10, in United States Federal District Court, White Plains, alleges that DiFiore “enlisted the cooperation of her co-Defendants to hide from Officer Ridley’s father the circumstances under which his son had been executed.” It is further charged that, “DiFiore directed, and Hyland (Chief Medical Examiner Millard Hyland) agreed to keep secret the medical examiner’s report regarding Officer Ridley’s autopsy even though that document is a public record, because it would prove the fatal, albeit unnecessary point-blank gunshot to Officer Ridley’s forehead.” The complaint further charges, “Hyland arranged to have the upper portion of Officer Ridley’s head bandaged while he was in the morgue so that Plaintiff could not see either the entry wound above his left eye or the bulge in the rear of Officer Ridley’s skull.”
Interviewed by The Guardian, Stanley Ridley explained that he was bringing the present federal action against the District Attorney and all of her co-Defendants who have conspired to keep the truth from him and from the public, in an effort to clear his son’s name. In that connection, readers will remember the calculated effort by DA DiFiore to suggest recklessness on Officer Ridley’s part by way of attempting to mitigate the County’s role and responsibility in his tragic death; the whole fiction advanced that Officer Ridley was not displaying his badge while carrying his service weapon; that it was found left in his car.
There is a reason why Janet DiFiore has repeatedly refused to release the video recordings of no fewer than four, and possibly as many as six, cameras mounted on the County Office Building as well as at 85 Court Street, each overlooking the scene of the tragic incident. DiFiore has stubbornly refused to show the un-redacted, un-doctored tapes because they would clearly confirm what several horrified eyewitnesses saw, located within a few feet of Officer Ridley, and have reported, that he was assassinated by Officer Frank Oliveri.
Westchester Guardian/Catherine Wilson.
Thursday, April 16, 2009
Catherine Wilson, Bureau Chief
Northern Westchester
Protecting Your Life’s Savings
From Fraud, Abuse, And Theft
Imagine working all of your life, following all of the rules, living within or below your means, and even managing to save some of what you
worked so hard for. It would be nice to be able to leave what’s left over to your heirs or charities, money you can assign to help others or further a favorite cause or ideal, a way to leave a personal mark. Even individuals who have not accumulated a lot of money in their lifetimes can leave behind instructions to have what little is left over to be given to a homeless shelter, a devoted aunt, or even just to their favorite pet or to the bright kid down the block. Whatever the decision is, it is one that should be honored.
Local seniors and the AARP crowd, those over age 50, are bombarded by sales pitches from local attorneys and financial planners all willing to help them ensure that their money will be properly handled upon their death and also to reduce or avoid estate tax issues and lengthy probate proceedings in Court.
These plans may only be developed while the individual is “of sound mind” and capable of making the decisions and providing the necessary
instructions. But what happens once that individual’s mental capacity declines? Are the plans and wills and trusts they carefully set up still honored and protected? And even if we manage to stay competent as we age, is that any guarantee that our wishes will be met?
Sadly, for many of the elderly among us, the answer is no. Recent articles by the Guardian on misdeeds in the Westchester County Surrogate’s Court regarding the trust fund of an Asperger’s victim inspired a local reader, Rick Kuse, to write in about how his uncle’s estate was plundered in the Surrogate’s Court in Nassau County.
The Guardian met with Kuse recently to follow up on his story. According to Kuse, the attorneys handling his late uncle’s estate “stole
his uncle’s assets, dividend checks, pension checks, bank accounts, and house”. Kuse’s uncle, Charles Maxwell, was the victim of psychological elder abuse in the last years of his life. Maxwell’s nephew, Tom Quinn, Kuse’s cousin, was in severe financial difficulties and facing foreclosure on his own home on mortgages he had obtained only three years prior.
Quinn, aware that Maxwell had assets in excess of $200,000 in addition to his home, hounded Maxwell for years for money, eventually driving the 91-year-old Maxwell from his home in Queens to the protection of his sister in Rockland County to escape the emotional and psychological abuse. Quinn even enlisted his young daughter in the attacks by having her write letters to her granduncle telling him how “broke” her parents were.
Fearful for his life savings, in January of 1999, Maxwell instructed his attorney to transfer $200,000 from his account into escrow to protect
these funds. But Maxwell was too late. The transfer check bounced. Someone had already cleaned out all of the money from Maxwell’s account. Nine days after the $200,000 escrow transfer bounced, Tom Quinn paid off one of the mortgages on his home in full. And nine months after that, in September of 1999, Quinn paid off the second mortgage on his home of $105,000, a mortgage that he had only obtained one year beforehand in 1998.
Maxwell had good reason to be concerned about his money. In March of 1999, Tom Quinn retained an attorney, Roger Weber, and allegedly
applied to the Courts for guardianship of his aging uncle. But without waiting for guardianship to be granted, Quinn contacted his uncle’s brokerage firm and requested that a hold be placed on Maxwell’s accounts so that his uncle would not be able to liquidate them. Fortunately
the investment firm would not honor the request without the guardianship papers and informed Quinn that they would “act on any instruction we receive from a person who proves to be authorized to act on the account”.
In February of 1999, Quinn diverted his uncle’s mail to his address. That mail would have included credit card applications. Shortly afterwards, Charles Maxwell died, in December of 1999. In July of 2000, the Will of Charles Maxwell was filed in Surrogate’s Court in Nassau County for probate. Among the claims listed against the estate was a credit card balance due on an account that was opened in Charles Maxwell’s name, nine months after his death!
The Will itself was proven to be fraudulent by experts hired by Kuse, a determination seconded by the Queens District Attorney’s Office. The will was drafted in 1993 by Roger Weber, who was only a law student at the time, and the signature of Charles Maxwell on this will was determined by handwriting experts to be fraudulent.
In spite of this, Nassau County Surrogate’s Court accepted this will for probate. In addition, despite an investigation by the Queens District Attorney’s office, Weber has never produced a full accounting of the proceeds of the Maxwell estate. Charles Maxwell’s home has been sold and the furniture removed; his $240,000 in savings has disappeared, and even his $25,000 returnable security deposit to an area nursing home has never materialized.
Any attempts by Kuse to “follow the money” have been thwarted and any files on this case, including those in the Surrogate’s Court, have vanished. Kuse has been misdirected by members of the Office of Court Administration; court proceedings have been cancelled at the last minute, investigations have been dropped, and even his appeals appear to have been tampered with. Kuse and his attorney repeatedly contacted the Appellate Court in Brooklyn for the status of the decision on the fraudulent Will in late 2004 and throughout 2005 on an appeal that he filed in December 2003.
The Appellate Court finally produced a decision “dated” December 2004, a decision that appears to be backdated since it does not show up
as registered into the Westlaw legal search system until 2006! To address such issues, the New York Court Administration has repeatedly
announced “improvements” to their systems to prevent the widespread theft of funds from the elderly and disabled in the legal system. In
2002, the Office of Court Administration set limits on judicial appointments, prohibiting appointments to political leaders, former judges and
relatives, campaign coordinators, and immediate relatives.
Such leaders and politicians were appointed by Judge Nicholas Colabella, Westchester Supreme, as noted on his “kickback” list revealed
by the Guardian on March 19, 2009, a list Colabella’s Law Secretary, Ray Powers, kept off-site from the courthouse, away from the prying eyes of the court auditors.
According to the Chief Judge, Jonathan Lippman, the revamped court rules in 2002 “set limits on the amounts attorneys may charge estates
for their services and force the attorneys to report all fees and hold the judges accountable if the lawyers do not comply”. But despite such assurances, attorneys are still rarely, if ever, held to task for violating court rules and overcharging estates and trusts. Indeed, even the individuals hired by the Courts to protect the assets of the elderly and the disabled, the “Public Administrators”, are not up to the task. The official responsibilities of a Public Administrator are to “protect the decedent’s property from waste, loss, or theft; make appropriate burial arrangements when no close relative is available to make the decision; conduct thorough investigations to discover all assets; liquidate assets at public sale or distributes assets to heirs; pay the decedent’s bills and taxes; and locate persons entitled to inherit the estate and ensure that
the legal distributees receive their inheritance”.
Yet the “qualifications” for this job are laughable:
• Applicants must be at least 18 years of age;
• County residency is required for appointment;
• Applicants with knowledge of Surrogate’s Court practice, as well as with experience in complex administration of an office, will be given preference;
• Bar admission may be given preference.
Despite the fact that a Public Administrator may be solely responsible for the investigation and distribution of millions of dollars of a decedent’s assets, nowhere in the qualifications does the Court system ask for auditing or forensic accounting experience.
The Court does not demand knowledge of and experience with accounting reconciliation procedures and disclosure requirements, document
retention procedures, development and maintenance of audit trails, or even basic knowledge of the due diligence necessary for investigations.
All the Court system requires for someone to dole out your life savings to the waiting vultures is a warm body with office skills. Oh, and being a lawyer, that is, one of their gang, doesn’t hurt!
While Kuse’s investigations reveal the problems in the Nassau County legal system, such abuse can happen anywhere. Anyone can fall prey to unscrupulous individuals without even knowing it. There are some steps that all local residents should take to ensure that their life savings
are protected and that no one has used their identity to take out loans, credit cards, or mortgages.
The Federal Trade Commission provides a free credit report to all consumers once a year. Even if you never had a credit card, you should
still check your credit every year to make sure that no one has taken out a credit card in your name or a loan against your home, taking cash
against your equity, without your knowledge. This report can be obtained by calling 1-877-322-8228 or by completing an online form at
www.annualcreditreport.com.
This report reveals:
• Personal information – this is all names you have been known by, all known addresses, employers, social security number, etc.;
• Public Records – this shows any bankruptcy records, tax liens, monetary judgments, and overdue child support filed in your name;
• Credit Inquiries – this section shows new accounts and loans opened and creditors who have requested information about you;
• Credit History – this shows all activity on all accounts and loans in your name, both closed accounts and those currently active.
In addition to the above, the County Clerk’s Office has records of all mortgages, deeds, and liens filed against your property and any
business certificates filed using your name. Any Westchester resident can obtain access to these records online at www.westchesterclerk.com
or in person at the County Clerk’s Office at 110 Dr. Martin Luther King Jr. Blvd. in White Plains. The County Clerk may be reached at 914-995- 3070.
However, there is absolutely no way to know if anyone has made a fraudulent will in your name. Wills are not recorded before death so there
is no way for you to know if a fraudulent will exists to be able to do anything about it. Likewise, there is also no way for your relatives and heirs to know if the will they have in their possession is your final one.
Surrogate’s Courts records are also kept separate from the online computerized systems in the County Clerk’s Office so any search of these
records must be done in person in the courthouse in White Plains, making such a search by elderly and handicapped individuals difficult (the handicapped entrance door to the White Plains courthouse was not working yet again last week when this reporter tested it).
In addition, Surrogate’s Courts records are manual, maintained by court staff rather than archivists, and are therefore prone to misfiling and lost records. Even the New York State Court System itself admits this. Under “Court Help” for Surrogate’s Court it notes “Most Surrogate’s Court records are public records. Call ahead to the court to learn whether the file exists and give them time to find them!” What kind of filing system is that? Why would the Court need a “head’s up” for someone to look at a will? Is that to give the Court time to hunt down where your loved one’s personal information might have been carelessly tossed? And if these records are indeed public as the court system itself claims, then why aren’t they available online for immediate access like other public records?
While wills cannot be tracked down in the legal system until they are produced for probate, other critical personal records can be confirmed as accurate while you are still alive with a bit of investigation. Investigating the existence of any fraudulent powers-of-attorney requires contacting all of your banks and brokerage firms and even your company’s benefits office. A simple phone call to each should assure you that the authorizations you established are still in place. Similarly, a call to your health insurance carrier and doctors’ offices can verify that the proper living wills, health care proxies, and DNR (do not resuscitate) forms are on file. Pensions, 401K accounts, and insurance policies
should also be checked on a regular basis to assure that your records have not been tampered with.
Sadly the United States lags far behind the European Union in protecting its citizens against fraud of this nature. Had Charles Maxwell lived in Europe, he would have been immediately notified when a credit card was opened in his name and a mortgage was paid off using his funds. In the United States, the burden is on the consumer to protect themselves. And, as in Maxwell’s case, there is no way to know that someone has a fraudulent will out there with your name on it, ready to be sprung into action the moment you die to obtain illegal access to your life savings.
A few simple changes to our State laws, however, would provide local residents with the protections they need against such fraud. New York should mandate a registry for all wills, and any such documents executed should be immediately sent to the County Clerk’s Office where they can be registered and backed up on the Clerk’s computerized systems preventing any future tampering. A certified copy of the filed will should then be sent by the County Clerk to the individual executing the will and to the executor and attorneys involved for confirmation.
Only certified copies from the County Clerk should then be accepted for probate by the Surrogate’s Court. Likewise, all powers-of-attorney,
living wills, health care proxies, and DNR orders should also be filed with the County Clerk and certified copies then sent to all necessary parties for confirmation. Other legal papers, such as mortgages and business certificates, are filed with the Clerk’s Office with no difficulties, so why can’t executed wills and POA’s be filed in a similar fashion, backed up and ready for use when needed?
Under the current system, anyone could be walking around with a fraudulent piece of paper in their pocket giving them the “right” to “pull the plug” on you or wipe out your bank accounts and you wouldn’t know it. The current system relies on hospital staff and outsourced
bank clerks to verify the validity of such critical documents. And if you’re unconscious, or otherwise incapacitated, how can they ask you if that is indeed your signature on the document? Legislating that such documents have to be certified and on file with the County Clerk beforehand will assure the recipients that these authorizations are valid. A hospital or bank questioning a document would only have to contact the Clerk’s Office for verification. This would also make these documents available when needed; your loved ones may not be able to find these papers, or may not have the presence of mind to think of them, when the time comes.
Since most legal records are now online in New York State, with the exception of Surrogate’s Court, the State should provide all residents with a free annual legal report, similar to the annual credit report, that shows all legal actions taken in the State in your name during the year.
The New York State Senate has formed a Judicial Committee, headed by New York State Senator John Sampson, 19th District in Kings County, to investigate the legal problems in the court system. We would urge our readers to contact Senator Sampson’s office (518-455-2788 or 718-649-7653) to ask him to sponsor the legislation our elderly need to protect their life savings from fraud and abuse.
Catherine Wilson, Bureau Chief
Northern Westchester
Protecting Your Life’s Savings
From Fraud, Abuse, And Theft
Imagine working all of your life, following all of the rules, living within or below your means, and even managing to save some of what you
worked so hard for. It would be nice to be able to leave what’s left over to your heirs or charities, money you can assign to help others or further a favorite cause or ideal, a way to leave a personal mark. Even individuals who have not accumulated a lot of money in their lifetimes can leave behind instructions to have what little is left over to be given to a homeless shelter, a devoted aunt, or even just to their favorite pet or to the bright kid down the block. Whatever the decision is, it is one that should be honored.
Local seniors and the AARP crowd, those over age 50, are bombarded by sales pitches from local attorneys and financial planners all willing to help them ensure that their money will be properly handled upon their death and also to reduce or avoid estate tax issues and lengthy probate proceedings in Court.
These plans may only be developed while the individual is “of sound mind” and capable of making the decisions and providing the necessary
instructions. But what happens once that individual’s mental capacity declines? Are the plans and wills and trusts they carefully set up still honored and protected? And even if we manage to stay competent as we age, is that any guarantee that our wishes will be met?
Sadly, for many of the elderly among us, the answer is no. Recent articles by the Guardian on misdeeds in the Westchester County Surrogate’s Court regarding the trust fund of an Asperger’s victim inspired a local reader, Rick Kuse, to write in about how his uncle’s estate was plundered in the Surrogate’s Court in Nassau County.
The Guardian met with Kuse recently to follow up on his story. According to Kuse, the attorneys handling his late uncle’s estate “stole
his uncle’s assets, dividend checks, pension checks, bank accounts, and house”. Kuse’s uncle, Charles Maxwell, was the victim of psychological elder abuse in the last years of his life. Maxwell’s nephew, Tom Quinn, Kuse’s cousin, was in severe financial difficulties and facing foreclosure on his own home on mortgages he had obtained only three years prior.
Quinn, aware that Maxwell had assets in excess of $200,000 in addition to his home, hounded Maxwell for years for money, eventually driving the 91-year-old Maxwell from his home in Queens to the protection of his sister in Rockland County to escape the emotional and psychological abuse. Quinn even enlisted his young daughter in the attacks by having her write letters to her granduncle telling him how “broke” her parents were.
Fearful for his life savings, in January of 1999, Maxwell instructed his attorney to transfer $200,000 from his account into escrow to protect
these funds. But Maxwell was too late. The transfer check bounced. Someone had already cleaned out all of the money from Maxwell’s account. Nine days after the $200,000 escrow transfer bounced, Tom Quinn paid off one of the mortgages on his home in full. And nine months after that, in September of 1999, Quinn paid off the second mortgage on his home of $105,000, a mortgage that he had only obtained one year beforehand in 1998.
Maxwell had good reason to be concerned about his money. In March of 1999, Tom Quinn retained an attorney, Roger Weber, and allegedly
applied to the Courts for guardianship of his aging uncle. But without waiting for guardianship to be granted, Quinn contacted his uncle’s brokerage firm and requested that a hold be placed on Maxwell’s accounts so that his uncle would not be able to liquidate them. Fortunately
the investment firm would not honor the request without the guardianship papers and informed Quinn that they would “act on any instruction we receive from a person who proves to be authorized to act on the account”.
In February of 1999, Quinn diverted his uncle’s mail to his address. That mail would have included credit card applications. Shortly afterwards, Charles Maxwell died, in December of 1999. In July of 2000, the Will of Charles Maxwell was filed in Surrogate’s Court in Nassau County for probate. Among the claims listed against the estate was a credit card balance due on an account that was opened in Charles Maxwell’s name, nine months after his death!
The Will itself was proven to be fraudulent by experts hired by Kuse, a determination seconded by the Queens District Attorney’s Office. The will was drafted in 1993 by Roger Weber, who was only a law student at the time, and the signature of Charles Maxwell on this will was determined by handwriting experts to be fraudulent.
In spite of this, Nassau County Surrogate’s Court accepted this will for probate. In addition, despite an investigation by the Queens District Attorney’s office, Weber has never produced a full accounting of the proceeds of the Maxwell estate. Charles Maxwell’s home has been sold and the furniture removed; his $240,000 in savings has disappeared, and even his $25,000 returnable security deposit to an area nursing home has never materialized.
Any attempts by Kuse to “follow the money” have been thwarted and any files on this case, including those in the Surrogate’s Court, have vanished. Kuse has been misdirected by members of the Office of Court Administration; court proceedings have been cancelled at the last minute, investigations have been dropped, and even his appeals appear to have been tampered with. Kuse and his attorney repeatedly contacted the Appellate Court in Brooklyn for the status of the decision on the fraudulent Will in late 2004 and throughout 2005 on an appeal that he filed in December 2003.
The Appellate Court finally produced a decision “dated” December 2004, a decision that appears to be backdated since it does not show up
as registered into the Westlaw legal search system until 2006! To address such issues, the New York Court Administration has repeatedly
announced “improvements” to their systems to prevent the widespread theft of funds from the elderly and disabled in the legal system. In
2002, the Office of Court Administration set limits on judicial appointments, prohibiting appointments to political leaders, former judges and
relatives, campaign coordinators, and immediate relatives.
Such leaders and politicians were appointed by Judge Nicholas Colabella, Westchester Supreme, as noted on his “kickback” list revealed
by the Guardian on March 19, 2009, a list Colabella’s Law Secretary, Ray Powers, kept off-site from the courthouse, away from the prying eyes of the court auditors.
According to the Chief Judge, Jonathan Lippman, the revamped court rules in 2002 “set limits on the amounts attorneys may charge estates
for their services and force the attorneys to report all fees and hold the judges accountable if the lawyers do not comply”. But despite such assurances, attorneys are still rarely, if ever, held to task for violating court rules and overcharging estates and trusts. Indeed, even the individuals hired by the Courts to protect the assets of the elderly and the disabled, the “Public Administrators”, are not up to the task. The official responsibilities of a Public Administrator are to “protect the decedent’s property from waste, loss, or theft; make appropriate burial arrangements when no close relative is available to make the decision; conduct thorough investigations to discover all assets; liquidate assets at public sale or distributes assets to heirs; pay the decedent’s bills and taxes; and locate persons entitled to inherit the estate and ensure that
the legal distributees receive their inheritance”.
Yet the “qualifications” for this job are laughable:
• Applicants must be at least 18 years of age;
• County residency is required for appointment;
• Applicants with knowledge of Surrogate’s Court practice, as well as with experience in complex administration of an office, will be given preference;
• Bar admission may be given preference.
Despite the fact that a Public Administrator may be solely responsible for the investigation and distribution of millions of dollars of a decedent’s assets, nowhere in the qualifications does the Court system ask for auditing or forensic accounting experience.
The Court does not demand knowledge of and experience with accounting reconciliation procedures and disclosure requirements, document
retention procedures, development and maintenance of audit trails, or even basic knowledge of the due diligence necessary for investigations.
All the Court system requires for someone to dole out your life savings to the waiting vultures is a warm body with office skills. Oh, and being a lawyer, that is, one of their gang, doesn’t hurt!
While Kuse’s investigations reveal the problems in the Nassau County legal system, such abuse can happen anywhere. Anyone can fall prey to unscrupulous individuals without even knowing it. There are some steps that all local residents should take to ensure that their life savings
are protected and that no one has used their identity to take out loans, credit cards, or mortgages.
The Federal Trade Commission provides a free credit report to all consumers once a year. Even if you never had a credit card, you should
still check your credit every year to make sure that no one has taken out a credit card in your name or a loan against your home, taking cash
against your equity, without your knowledge. This report can be obtained by calling 1-877-322-8228 or by completing an online form at
www.annualcreditreport.com.
This report reveals:
• Personal information – this is all names you have been known by, all known addresses, employers, social security number, etc.;
• Public Records – this shows any bankruptcy records, tax liens, monetary judgments, and overdue child support filed in your name;
• Credit Inquiries – this section shows new accounts and loans opened and creditors who have requested information about you;
• Credit History – this shows all activity on all accounts and loans in your name, both closed accounts and those currently active.
In addition to the above, the County Clerk’s Office has records of all mortgages, deeds, and liens filed against your property and any
business certificates filed using your name. Any Westchester resident can obtain access to these records online at www.westchesterclerk.com
or in person at the County Clerk’s Office at 110 Dr. Martin Luther King Jr. Blvd. in White Plains. The County Clerk may be reached at 914-995- 3070.
However, there is absolutely no way to know if anyone has made a fraudulent will in your name. Wills are not recorded before death so there
is no way for you to know if a fraudulent will exists to be able to do anything about it. Likewise, there is also no way for your relatives and heirs to know if the will they have in their possession is your final one.
Surrogate’s Courts records are also kept separate from the online computerized systems in the County Clerk’s Office so any search of these
records must be done in person in the courthouse in White Plains, making such a search by elderly and handicapped individuals difficult (the handicapped entrance door to the White Plains courthouse was not working yet again last week when this reporter tested it).
In addition, Surrogate’s Courts records are manual, maintained by court staff rather than archivists, and are therefore prone to misfiling and lost records. Even the New York State Court System itself admits this. Under “Court Help” for Surrogate’s Court it notes “Most Surrogate’s Court records are public records. Call ahead to the court to learn whether the file exists and give them time to find them!” What kind of filing system is that? Why would the Court need a “head’s up” for someone to look at a will? Is that to give the Court time to hunt down where your loved one’s personal information might have been carelessly tossed? And if these records are indeed public as the court system itself claims, then why aren’t they available online for immediate access like other public records?
While wills cannot be tracked down in the legal system until they are produced for probate, other critical personal records can be confirmed as accurate while you are still alive with a bit of investigation. Investigating the existence of any fraudulent powers-of-attorney requires contacting all of your banks and brokerage firms and even your company’s benefits office. A simple phone call to each should assure you that the authorizations you established are still in place. Similarly, a call to your health insurance carrier and doctors’ offices can verify that the proper living wills, health care proxies, and DNR (do not resuscitate) forms are on file. Pensions, 401K accounts, and insurance policies
should also be checked on a regular basis to assure that your records have not been tampered with.
Sadly the United States lags far behind the European Union in protecting its citizens against fraud of this nature. Had Charles Maxwell lived in Europe, he would have been immediately notified when a credit card was opened in his name and a mortgage was paid off using his funds. In the United States, the burden is on the consumer to protect themselves. And, as in Maxwell’s case, there is no way to know that someone has a fraudulent will out there with your name on it, ready to be sprung into action the moment you die to obtain illegal access to your life savings.
A few simple changes to our State laws, however, would provide local residents with the protections they need against such fraud. New York should mandate a registry for all wills, and any such documents executed should be immediately sent to the County Clerk’s Office where they can be registered and backed up on the Clerk’s computerized systems preventing any future tampering. A certified copy of the filed will should then be sent by the County Clerk to the individual executing the will and to the executor and attorneys involved for confirmation.
Only certified copies from the County Clerk should then be accepted for probate by the Surrogate’s Court. Likewise, all powers-of-attorney,
living wills, health care proxies, and DNR orders should also be filed with the County Clerk and certified copies then sent to all necessary parties for confirmation. Other legal papers, such as mortgages and business certificates, are filed with the Clerk’s Office with no difficulties, so why can’t executed wills and POA’s be filed in a similar fashion, backed up and ready for use when needed?
Under the current system, anyone could be walking around with a fraudulent piece of paper in their pocket giving them the “right” to “pull the plug” on you or wipe out your bank accounts and you wouldn’t know it. The current system relies on hospital staff and outsourced
bank clerks to verify the validity of such critical documents. And if you’re unconscious, or otherwise incapacitated, how can they ask you if that is indeed your signature on the document? Legislating that such documents have to be certified and on file with the County Clerk beforehand will assure the recipients that these authorizations are valid. A hospital or bank questioning a document would only have to contact the Clerk’s Office for verification. This would also make these documents available when needed; your loved ones may not be able to find these papers, or may not have the presence of mind to think of them, when the time comes.
Since most legal records are now online in New York State, with the exception of Surrogate’s Court, the State should provide all residents with a free annual legal report, similar to the annual credit report, that shows all legal actions taken in the State in your name during the year.
The New York State Senate has formed a Judicial Committee, headed by New York State Senator John Sampson, 19th District in Kings County, to investigate the legal problems in the court system. We would urge our readers to contact Senator Sampson’s office (518-455-2788 or 718-649-7653) to ask him to sponsor the legislation our elderly need to protect their life savings from fraud and abuse.
Westchester Guardian/Jeff Deskovic.
Thursday, April 16, 2009.
Jeff Deskovic
The Wrongful Conviction And Exoneration
Of Westchester Resident Kian Khatibi, Part 2
Kian Khatibi’s First 440.10 Appeal
Kian Khatibi led a pro se (representing himself0 440.10 motion in June of 2002. He asserted three grounds for relief:
A) Brady and Rosario violations, in that the Prosecution failed to disclose a video tape review report of Kian entering the police station; the video itself, which according to Pleasantville Clerk Judy Weintraub was never placed into evidence and therefore was destroyed within 60 days; or the audio tape of the call that came in. In the felony complaint document, the time of the crime was said to be at 117:00. The video and the log show that Kian was in the police station during that time, from 112:30 until 117:289.
B) Evidence was introduced at trial that the prosecutor should have known was false.
Two instances were asserted:
1) the officer inside of the police station testified that the Defendant got up at the same time as he and ran out, which supported the consciousness of guilt theory, whereas the video and the video log showed otherwise;
2) The prosecutor had evidence, in the form of their prior statements, that the victims did not know that they had blood on them or that they were stabbed and cut, although at trial they testified that they knew that they had been stabbed.
C) Ineffective Assistance Of Counsel, based upon:
1) failure to introduce into evidence contradictions of the victims’ recollections and identifications as made immediately after the crime;
2) failure to properly present as evidence that Duffy had stated that he had 14 drinks, wrestled during the incident, and did not know what had happened;
3) that counsel had not conducted a thorough investigation of eyewitness Richards, thereby causing his original interview of him to be done two days into trial after several Prosecution witnesses had testified. Had he done so in a timely fashion, he could have formulated a strategy around his testimony, including his opening statement, and questioned Officer DeMaio to establish Richards’ presence.
District Attorney Jeanine Pirro’s Office, through Assistant District Attorneys John J. Sergi and Joseph Latino fought the 440.10 Motion by arguing that the Brady issue did not make prima faci averment of the elements necessary for Brady relief, in that since the Prosecution was not aware of the note, they were not obliged to turn it over, and they dismissed as hearsay the defense attorney’s statement that he did not see or review it. They further argued that in the Bill Of Particulars, the time of the crime had been changed to 1 a.m. and therefore the tape was not exculpatory.
In regards to the argument in favor of ineffective assistance of counsel, they argued that procedurally the issue should have been raised on appeal, and furthermore that it was not meritorious. Specifically, they stated that the attorney’s omissions “did not rise to the level of egregious incompetence necessary to meet the legal threshold for ineffective assistance of counsel under current case law.” They never responded to the argument that there had been evidence introduced at trial the Prosecutor should have known was false
The Judge assigned to rule on this 440.10 Motion was Janet DiFiore. Her ruling on the ineffective assistance of counsel argument based upon failure to make use of inconsistent witness accounts was that despite Khatibi’s argument that although some issues were on the record others were not and therefore they should all be looked at cumulatively; that procedurally a 440.10 Motion is intended to bring to the Court’s attention things which are not already on the record.
DiFiore further ruled that a disagreement of trial strategy or the scope of cross-examination does not support a claim of ineffective assistance of counsel. Turning to the material evidence, she ruled that it was not disputed that the defendant was in the police station.
The ruling further stated that there was no explanation in the record why the alibi issue was not raised at trial or on appeal.The ruling went on to say that there was no defense request for the video or the audio tapes, and goes further to say that neither does the motion demonstrate
the existence of new evidence that was not otherwise available at pre-trial or at the trial.
Commentary: Judge DiFiore’s ruling never really addressed, on the merits, the arguments that Khatibi was raising. If one was to read this decision without looking at the 440.10 Motion, one would think that this was a frivolous motion. In this case, the failure of defense counsel
to use prior inconsistent witness statements in cross-examination does constitute ineffective assistance of counsel, because if they had been discredited, the Defendant would have been acquitted as there was no other credible evidence.
Furthermore, her argument regarding procedure does not cut it for several reasons: firstly, inconsistent witness statements should be viewed in conjunction with on-the-record statements. After all, in reality, things don’t happen in a vacuum and they were all coming from the same witness. Rather, this ruling is an example of putting procedure over justice.
In terms of the ruling regarding the false evidence, although it was undisputed that Khatibi was in the police station, surely having a video of it would have been powerful, and it certainly would have disputed the theory that he got up and ran out with the officer in a panic once the call came in over the radio.
This ruling overlooks that. DiFiore’s pointing out that there is no explanation as to why this was not used as an alibi at trial or appeal only reinforces the idea that his trial attorney was ineffective. Furthermore, DiFiore’s ruling takes the focus off of the Prosecution’s lack of
turning this evidence over, and turns it to an inept attorney at trial; an attorney who did not raise it on appeal. How can that be seen as justice? Can it not be seen that someone’s freedom is being cavalierly overlooked and dismissed?
Furthermore, the prosecutors, having been to law school and having been practicing law in the field, know what is supposed to be turned over, regardless of a Defense request or lack of one. A prosecutor’s duty to preserve and/or turn over evidence is not vitiated by an inept defense attorney. Rather, both have a duty to any defendant.
Additional Post Conviction Review
Mr. Khatibi appealed the denial of his 440.10 Motion throughout the court system, and was never able to gain any relief. The Appellate Division denied him permission to appeal the denial of the 440.10 to them. He led a Habeas Corpus petition, but this was unsuccessful with Judge Robinson, who ruled that everything should have been raised on appeal.
Commentary: This ruling ignored that some of the issues were off of the record and needed to be viewed in conjunction with the issues that were on the record.
How The Truth Came Out
The Defendant’s father and the rest of the Defendant’s family were gathered in his house for a pre-Thanksgiving Dinner. At some point during the gathering the father mentioned that he really missed his son Kian. At that point, Khayvan became emotional and admitted that he was the person who had committed the crime, and not Kian. The family signed affidavits, and this new information formed the basis of another pro se 440.10 Motion drafted and filed by Kian Khatibi.
The Winning 440.10 Motion
In my view, making an argument to the court, as was made to the effect that, “If their claim is true, that Kian and his brother have only themselves to blame for (Kian’s) current predicament,” is an inaccurate and reprehensible statement to have made. The police role in withholding the videotape log, not preserving the video so that it wound up being taped over, not preserving the audio tape, not securing and preserving the clothes that the victim wore, Det. Mazzei’s coercing a false statement out of Freud by means of assault along with Det. Bonura’s failure to intervene, and then their basing a case around obviously inaccurate identifications in light of all of their contradictions,
the Prosecutor knowingly put on false evidence in court and without correcting perjury, and proceeding with a sloppy case, and an inept defense attorney had, all added up, resulted in Defendant Kian Khatibi’s ‘predicament’.
As I see it, even referring to nine and a half years of wrongful incarceration as a ‘predicament’ is an insult. Wrongful incarceration is a traumatic and horrific experience.
Judge Zambelli’s Decision
Judge Barbara Zambelli’s decision started off noting the weakness of the case against Khatibi; the unreliability of the identification; Boyar saying that he observed the defendant for a split second, and that it wasn’t until later he noticed he had been stabbed, and Dufy stating that he saw somebody behind him for maybe a second or two; Det. Mazzie testifying that he questioned Boyar a day or two after the incident but did not take his statement since from the beginning he said that he was so intoxicated that he had no idea what had happened during the incident; Richards saying that the short kid was not fighting; and the bouncer, Nick Hobby, who said that he saw two people jump from the side street around the victim neither of which was the Defendant.
Zambelli ruled that the testimony of the Khatibi Family, in regards to the brother’s confession, was admissible, and that it was credible. Accordingly, she overturned the verdict on September 9, 2008, and on Sept. 23, 2008 Khatibi was brought to Court and released on his own recognizance.
In Dec. of 2008 the Prosecution filed a document which stated that although they felt that the Defendant was guilty, they did not feel that they could win a conviction against him in light of the numerous contradictions of the witnesses, the ruling that the family testimony was admissible, the complaining witnesses’ statement that they did not wish to go forward, and their own assessment that they felt that they could not win. Accordingly, they did not argue against the dismissal of the case against him.
For those of us in Westchester, the case of Kian Khatibi reinforces the idea that wrongful convictions can happen everywhere, and frequently enough here. Often in wrongful conviction cases based upon misidentification, it is not merely the misidentification alone, but police and/or prosecutor misconduct that helps it along. That was surely the case here.
It also seems clear, that although it was obvious in light of the confession and the unreliability of the identifications, and all of the above-mentioned factors that he was innocent and his brother was guilty, the statement regarding their continued belief in his guilt is intended to set
the foundation for a later position to argue against him being eligible for compensation in the course of a lawsuit on his behalf, which has since been filed on March 6, 2009.
Apparently to block his getting compensation, the actors against Mr. Khatibi are going to argue that he is guilty and that his conviction was
not overturned because of his innocence, although I believe that any objective observer would believe that it was. This is the fourth wrongful conviction case that we have reported having taken place while former Westchester County District Attorney Jeanine Pirro was in office, Anthony DiSimone, Richard Diguglielmo, and Marci Stein being the other three. It is also the third such Pirro case that current District Attorney Janet DiFiore chose to fight to try to uphold.
Since she has made public statements in the past that she has a system in place so that any claim of innocence is automatically brought
to her attention, it must be presumed that she knew about this case and the arguments put forward by her prosecutors. I must say that I am very disappointed, though not surprised in light of recent history, at her Office’s response in this case.
Why wasn’t the press alerted when Mr. Khatibi’s conviction was overturned and his indictment dismissed? Does it have anything to do with the fact that as a judge, DA DiFiore turned down a meritorious 440.10 Motion, and then fought against the Defendant’s release as DA even after evidence of the guilt of the brother emerged.
Is the upcoming election for District Attorney a factor? Mr. Khatibi has never received an apology, either personally or publicly. Sheila Khatibi, the defendant’s sister, reports that after the 440.10 Motion hearing, several people, including Pleasantville Police Chief Chiarlitti, apologized for what both she and her family went through.
Upon being contacted by The Guardian, Kian Khatibi said: “While I think it is important to realize that the Police and the District Attorney’s Offices deserve respect as both are a necessary part of living in a free, safe society; rather, it is the misguided acts of individuals who do not fulfill their position of trust, creating a dual burden both to citizens and the organizations which they serve.”
Jeff Deskovic
The Wrongful Conviction And Exoneration
Of Westchester Resident Kian Khatibi, Part 2
Kian Khatibi’s First 440.10 Appeal
Kian Khatibi led a pro se (representing himself0 440.10 motion in June of 2002. He asserted three grounds for relief:
A) Brady and Rosario violations, in that the Prosecution failed to disclose a video tape review report of Kian entering the police station; the video itself, which according to Pleasantville Clerk Judy Weintraub was never placed into evidence and therefore was destroyed within 60 days; or the audio tape of the call that came in. In the felony complaint document, the time of the crime was said to be at 117:00. The video and the log show that Kian was in the police station during that time, from 112:30 until 117:289.
B) Evidence was introduced at trial that the prosecutor should have known was false.
Two instances were asserted:
1) the officer inside of the police station testified that the Defendant got up at the same time as he and ran out, which supported the consciousness of guilt theory, whereas the video and the video log showed otherwise;
2) The prosecutor had evidence, in the form of their prior statements, that the victims did not know that they had blood on them or that they were stabbed and cut, although at trial they testified that they knew that they had been stabbed.
C) Ineffective Assistance Of Counsel, based upon:
1) failure to introduce into evidence contradictions of the victims’ recollections and identifications as made immediately after the crime;
2) failure to properly present as evidence that Duffy had stated that he had 14 drinks, wrestled during the incident, and did not know what had happened;
3) that counsel had not conducted a thorough investigation of eyewitness Richards, thereby causing his original interview of him to be done two days into trial after several Prosecution witnesses had testified. Had he done so in a timely fashion, he could have formulated a strategy around his testimony, including his opening statement, and questioned Officer DeMaio to establish Richards’ presence.
District Attorney Jeanine Pirro’s Office, through Assistant District Attorneys John J. Sergi and Joseph Latino fought the 440.10 Motion by arguing that the Brady issue did not make prima faci averment of the elements necessary for Brady relief, in that since the Prosecution was not aware of the note, they were not obliged to turn it over, and they dismissed as hearsay the defense attorney’s statement that he did not see or review it. They further argued that in the Bill Of Particulars, the time of the crime had been changed to 1 a.m. and therefore the tape was not exculpatory.
In regards to the argument in favor of ineffective assistance of counsel, they argued that procedurally the issue should have been raised on appeal, and furthermore that it was not meritorious. Specifically, they stated that the attorney’s omissions “did not rise to the level of egregious incompetence necessary to meet the legal threshold for ineffective assistance of counsel under current case law.” They never responded to the argument that there had been evidence introduced at trial the Prosecutor should have known was false
The Judge assigned to rule on this 440.10 Motion was Janet DiFiore. Her ruling on the ineffective assistance of counsel argument based upon failure to make use of inconsistent witness accounts was that despite Khatibi’s argument that although some issues were on the record others were not and therefore they should all be looked at cumulatively; that procedurally a 440.10 Motion is intended to bring to the Court’s attention things which are not already on the record.
DiFiore further ruled that a disagreement of trial strategy or the scope of cross-examination does not support a claim of ineffective assistance of counsel. Turning to the material evidence, she ruled that it was not disputed that the defendant was in the police station.
The ruling further stated that there was no explanation in the record why the alibi issue was not raised at trial or on appeal.The ruling went on to say that there was no defense request for the video or the audio tapes, and goes further to say that neither does the motion demonstrate
the existence of new evidence that was not otherwise available at pre-trial or at the trial.
Commentary: Judge DiFiore’s ruling never really addressed, on the merits, the arguments that Khatibi was raising. If one was to read this decision without looking at the 440.10 Motion, one would think that this was a frivolous motion. In this case, the failure of defense counsel
to use prior inconsistent witness statements in cross-examination does constitute ineffective assistance of counsel, because if they had been discredited, the Defendant would have been acquitted as there was no other credible evidence.
Furthermore, her argument regarding procedure does not cut it for several reasons: firstly, inconsistent witness statements should be viewed in conjunction with on-the-record statements. After all, in reality, things don’t happen in a vacuum and they were all coming from the same witness. Rather, this ruling is an example of putting procedure over justice.
In terms of the ruling regarding the false evidence, although it was undisputed that Khatibi was in the police station, surely having a video of it would have been powerful, and it certainly would have disputed the theory that he got up and ran out with the officer in a panic once the call came in over the radio.
This ruling overlooks that. DiFiore’s pointing out that there is no explanation as to why this was not used as an alibi at trial or appeal only reinforces the idea that his trial attorney was ineffective. Furthermore, DiFiore’s ruling takes the focus off of the Prosecution’s lack of
turning this evidence over, and turns it to an inept attorney at trial; an attorney who did not raise it on appeal. How can that be seen as justice? Can it not be seen that someone’s freedom is being cavalierly overlooked and dismissed?
Furthermore, the prosecutors, having been to law school and having been practicing law in the field, know what is supposed to be turned over, regardless of a Defense request or lack of one. A prosecutor’s duty to preserve and/or turn over evidence is not vitiated by an inept defense attorney. Rather, both have a duty to any defendant.
Additional Post Conviction Review
Mr. Khatibi appealed the denial of his 440.10 Motion throughout the court system, and was never able to gain any relief. The Appellate Division denied him permission to appeal the denial of the 440.10 to them. He led a Habeas Corpus petition, but this was unsuccessful with Judge Robinson, who ruled that everything should have been raised on appeal.
Commentary: This ruling ignored that some of the issues were off of the record and needed to be viewed in conjunction with the issues that were on the record.
How The Truth Came Out
The Defendant’s father and the rest of the Defendant’s family were gathered in his house for a pre-Thanksgiving Dinner. At some point during the gathering the father mentioned that he really missed his son Kian. At that point, Khayvan became emotional and admitted that he was the person who had committed the crime, and not Kian. The family signed affidavits, and this new information formed the basis of another pro se 440.10 Motion drafted and filed by Kian Khatibi.
The Winning 440.10 Motion
In my view, making an argument to the court, as was made to the effect that, “If their claim is true, that Kian and his brother have only themselves to blame for (Kian’s) current predicament,” is an inaccurate and reprehensible statement to have made. The police role in withholding the videotape log, not preserving the video so that it wound up being taped over, not preserving the audio tape, not securing and preserving the clothes that the victim wore, Det. Mazzei’s coercing a false statement out of Freud by means of assault along with Det. Bonura’s failure to intervene, and then their basing a case around obviously inaccurate identifications in light of all of their contradictions,
the Prosecutor knowingly put on false evidence in court and without correcting perjury, and proceeding with a sloppy case, and an inept defense attorney had, all added up, resulted in Defendant Kian Khatibi’s ‘predicament’.
As I see it, even referring to nine and a half years of wrongful incarceration as a ‘predicament’ is an insult. Wrongful incarceration is a traumatic and horrific experience.
Judge Zambelli’s Decision
Judge Barbara Zambelli’s decision started off noting the weakness of the case against Khatibi; the unreliability of the identification; Boyar saying that he observed the defendant for a split second, and that it wasn’t until later he noticed he had been stabbed, and Dufy stating that he saw somebody behind him for maybe a second or two; Det. Mazzie testifying that he questioned Boyar a day or two after the incident but did not take his statement since from the beginning he said that he was so intoxicated that he had no idea what had happened during the incident; Richards saying that the short kid was not fighting; and the bouncer, Nick Hobby, who said that he saw two people jump from the side street around the victim neither of which was the Defendant.
Zambelli ruled that the testimony of the Khatibi Family, in regards to the brother’s confession, was admissible, and that it was credible. Accordingly, she overturned the verdict on September 9, 2008, and on Sept. 23, 2008 Khatibi was brought to Court and released on his own recognizance.
In Dec. of 2008 the Prosecution filed a document which stated that although they felt that the Defendant was guilty, they did not feel that they could win a conviction against him in light of the numerous contradictions of the witnesses, the ruling that the family testimony was admissible, the complaining witnesses’ statement that they did not wish to go forward, and their own assessment that they felt that they could not win. Accordingly, they did not argue against the dismissal of the case against him.
For those of us in Westchester, the case of Kian Khatibi reinforces the idea that wrongful convictions can happen everywhere, and frequently enough here. Often in wrongful conviction cases based upon misidentification, it is not merely the misidentification alone, but police and/or prosecutor misconduct that helps it along. That was surely the case here.
It also seems clear, that although it was obvious in light of the confession and the unreliability of the identifications, and all of the above-mentioned factors that he was innocent and his brother was guilty, the statement regarding their continued belief in his guilt is intended to set
the foundation for a later position to argue against him being eligible for compensation in the course of a lawsuit on his behalf, which has since been filed on March 6, 2009.
Apparently to block his getting compensation, the actors against Mr. Khatibi are going to argue that he is guilty and that his conviction was
not overturned because of his innocence, although I believe that any objective observer would believe that it was. This is the fourth wrongful conviction case that we have reported having taken place while former Westchester County District Attorney Jeanine Pirro was in office, Anthony DiSimone, Richard Diguglielmo, and Marci Stein being the other three. It is also the third such Pirro case that current District Attorney Janet DiFiore chose to fight to try to uphold.
Since she has made public statements in the past that she has a system in place so that any claim of innocence is automatically brought
to her attention, it must be presumed that she knew about this case and the arguments put forward by her prosecutors. I must say that I am very disappointed, though not surprised in light of recent history, at her Office’s response in this case.
Why wasn’t the press alerted when Mr. Khatibi’s conviction was overturned and his indictment dismissed? Does it have anything to do with the fact that as a judge, DA DiFiore turned down a meritorious 440.10 Motion, and then fought against the Defendant’s release as DA even after evidence of the guilt of the brother emerged.
Is the upcoming election for District Attorney a factor? Mr. Khatibi has never received an apology, either personally or publicly. Sheila Khatibi, the defendant’s sister, reports that after the 440.10 Motion hearing, several people, including Pleasantville Police Chief Chiarlitti, apologized for what both she and her family went through.
Upon being contacted by The Guardian, Kian Khatibi said: “While I think it is important to realize that the Police and the District Attorney’s Offices deserve respect as both are a necessary part of living in a free, safe society; rather, it is the misguided acts of individuals who do not fulfill their position of trust, creating a dual burden both to citizens and the organizations which they serve.”
Thursday, April 9, 2009
Mike Edelman.
The Advocate
Richard Blassberg
Mike Edelman Wants It Both Ways
Republican Chair Says He Doesn’t Speak For Republicans
Mike Edelman, a former law partner and good friend of Al Pirro; an individual who calls himself “The Consultant”, playing games with facts both
on News12 and on numerous internet blogs, to which he appears addicted, is now confronted with a dilemma. As a self-proclaimed Republican election consultant, he has enjoyed substantial income from directing the campaigns of such Westchester Republican candidates as Phil Amicone, Mayor of Yonkers, and Janet DiFiore, District Attorney of Westchester.
Of course, when he is engaged as a campaign director, particularly in the race for DA, Edelman really has no legitimate business acting as the News12 Republican commentator at the same time. It’s a glaring conflict of interest, downright unethical. But, then again, truthfulness and ethical conduct haven’t always governed Mike’s behavior, particularly when a couple of hundred thousand dollars can be made directing a dirty political
campaign, a campaign such as Janet DiFiore’s for district attorney in 2005.
That campaign was complete with attempted bribery of the Right-To-Life candidate, ethnic slurs and outright lies against her Democratic opponent, Tony Castro, not to mention voting machine and voter irregularities, as well as goon squads to intimidate voters, poll-watchers and reporters, and, the destruction of her opponent’s signs.
Truth be told, Edelman would do it all again, precisely as he recently threatened to on one of the many blogs he frequents. In fact, he is back at his lying routine now that Tony Castro has announced his candidacy for DA. Mike is trying once again, by hook, and mostly by crook, to return Janet DiFiore, the worst District Attorney Westchester has known in more than 50 years, to that Office. Trouble is, she is no longer a Republican, having renounced that party and everyone associated with it by way of showing her gratitude for the fact that they supported her in four election bids. She is running, or so she says, as a Democrat, or, more accurately, as a Spanocrat.
Why, then, is Mike Edelman out tooting her horn? Why, indeed, when there is a perfectly capable young man, former ADA Dan Schorr, running for Westchester DA as a Republican?
Why is Edelman defending someone who has offended good police officers and departments up and down Westchester while covering up rogue cops and prosecuting victims of police brutality?
We must ask, “Whose interests is Edelman guarding?” Certainly not those of innocent law-abiding citizens, or honest, hard-working police officers; and, certainly not Republican interests; and therein lies his dilemma.
Even the likes of Janine Rose, who attempted to keep the results of the News12 DA poll from viewers, because Janet DiFiore received only 18
percent as compared with Tony Castro’s 55 percent, cannot permit Edelman to continue touting a “Democratic” candidate while sitting as their
Republican consultant.
The fact is Mike Edelman’s support of Janet DiFiore for DA has nothing to do with anything so much as his own self-preservation. Like Andy Spano, Nick Spano, and numerous others engaged in politics, real estate development, and business with County government, Mike Edelman,
former partner of Al Pirro, “Mr. Fixit” has his share of wheelings and dealings, sales of property, manipulations of terms, loans and forfeitures, to keep quiet; transactions in many Westchester communities such as North Castle, for openers, as evidenced by unmolested land records.
For Mike Edelman, and numerous other players, it was necessary to get Janet into the DA’s Office, and to keep her there, to keep years of unlawful activity, election fraud, deed fraud, questionable land and mortgage transactions, under wraps. Mike liked things just fine when Jeanine Pirro, spouse of Westchester’s most outrageous white-collar criminal, convicted felon Albert J. Pirro, was District Attorney of Westchester. For 12 years that arrangement suited Mike Edelman, who had been Al’s partner in law, and in numerous real estate dealings.
Edelman is a dinosaur, a political talking head who, for all of his smarts, with respect to federal and state politics and socio-economic realities, nevertheless still believes that if he proffers a lie enough times, the viewing public will be foolish enough to buy it. And, News12, with their own despicable agenda and dealings over the years with the likes of Andy Spano, Janet DiFiore, and Nick Spano, their lobbyist, will not even challenge Edelman’s lies nor his outrageous predictions about DiFiore’s political fortunes.
Despite the outcome of their own “Question of the Day” polling that showed Tony Castro is the overwhelming favorite for District Attorney by
more than three-to-one over Janet DiFiore, and two-to-one over Republican Dan Schorr, Janine Rose and Brian Conybeare permitted Edelman to make his false representations and slanderous remarks without challenging him.
Edelman knows that Janet DiFiore has made a mess of the DA’s Office with more than 70 lawyers and investigators having resigned in little more
than three years and with many of those hanging on, doing so merely to collect their pensions. He knows she is a tough sell to families and police officers, alike; and that is why he once again resorts to lies and distortions against the one candidate he fears most, Tony Castro.
However, the People of Westchester will not be fooled into accepting four more years of DiFiore’s incompetence, vindictiveness, and unlawfulness.They’re only too well aware of the fact that she is a menace to public safety, a destructive, demoralizing force bent on punishing good cops while protecting those who have engaged in brutality.
Finally, when questioned by this reporter regarding Edelman’s relationship to the Westchester Republican Committee, Party Chairman Doug Colety said, “Mike Edelman does not represent the Republican Party, nor our point of view.”
Richard Blassberg
Mike Edelman Wants It Both Ways
Republican Chair Says He Doesn’t Speak For Republicans
Mike Edelman, a former law partner and good friend of Al Pirro; an individual who calls himself “The Consultant”, playing games with facts both
on News12 and on numerous internet blogs, to which he appears addicted, is now confronted with a dilemma. As a self-proclaimed Republican election consultant, he has enjoyed substantial income from directing the campaigns of such Westchester Republican candidates as Phil Amicone, Mayor of Yonkers, and Janet DiFiore, District Attorney of Westchester.
Of course, when he is engaged as a campaign director, particularly in the race for DA, Edelman really has no legitimate business acting as the News12 Republican commentator at the same time. It’s a glaring conflict of interest, downright unethical. But, then again, truthfulness and ethical conduct haven’t always governed Mike’s behavior, particularly when a couple of hundred thousand dollars can be made directing a dirty political
campaign, a campaign such as Janet DiFiore’s for district attorney in 2005.
That campaign was complete with attempted bribery of the Right-To-Life candidate, ethnic slurs and outright lies against her Democratic opponent, Tony Castro, not to mention voting machine and voter irregularities, as well as goon squads to intimidate voters, poll-watchers and reporters, and, the destruction of her opponent’s signs.
Truth be told, Edelman would do it all again, precisely as he recently threatened to on one of the many blogs he frequents. In fact, he is back at his lying routine now that Tony Castro has announced his candidacy for DA. Mike is trying once again, by hook, and mostly by crook, to return Janet DiFiore, the worst District Attorney Westchester has known in more than 50 years, to that Office. Trouble is, she is no longer a Republican, having renounced that party and everyone associated with it by way of showing her gratitude for the fact that they supported her in four election bids. She is running, or so she says, as a Democrat, or, more accurately, as a Spanocrat.
Why, then, is Mike Edelman out tooting her horn? Why, indeed, when there is a perfectly capable young man, former ADA Dan Schorr, running for Westchester DA as a Republican?
Why is Edelman defending someone who has offended good police officers and departments up and down Westchester while covering up rogue cops and prosecuting victims of police brutality?
We must ask, “Whose interests is Edelman guarding?” Certainly not those of innocent law-abiding citizens, or honest, hard-working police officers; and, certainly not Republican interests; and therein lies his dilemma.
Even the likes of Janine Rose, who attempted to keep the results of the News12 DA poll from viewers, because Janet DiFiore received only 18
percent as compared with Tony Castro’s 55 percent, cannot permit Edelman to continue touting a “Democratic” candidate while sitting as their
Republican consultant.
The fact is Mike Edelman’s support of Janet DiFiore for DA has nothing to do with anything so much as his own self-preservation. Like Andy Spano, Nick Spano, and numerous others engaged in politics, real estate development, and business with County government, Mike Edelman,
former partner of Al Pirro, “Mr. Fixit” has his share of wheelings and dealings, sales of property, manipulations of terms, loans and forfeitures, to keep quiet; transactions in many Westchester communities such as North Castle, for openers, as evidenced by unmolested land records.
For Mike Edelman, and numerous other players, it was necessary to get Janet into the DA’s Office, and to keep her there, to keep years of unlawful activity, election fraud, deed fraud, questionable land and mortgage transactions, under wraps. Mike liked things just fine when Jeanine Pirro, spouse of Westchester’s most outrageous white-collar criminal, convicted felon Albert J. Pirro, was District Attorney of Westchester. For 12 years that arrangement suited Mike Edelman, who had been Al’s partner in law, and in numerous real estate dealings.
Edelman is a dinosaur, a political talking head who, for all of his smarts, with respect to federal and state politics and socio-economic realities, nevertheless still believes that if he proffers a lie enough times, the viewing public will be foolish enough to buy it. And, News12, with their own despicable agenda and dealings over the years with the likes of Andy Spano, Janet DiFiore, and Nick Spano, their lobbyist, will not even challenge Edelman’s lies nor his outrageous predictions about DiFiore’s political fortunes.
Despite the outcome of their own “Question of the Day” polling that showed Tony Castro is the overwhelming favorite for District Attorney by
more than three-to-one over Janet DiFiore, and two-to-one over Republican Dan Schorr, Janine Rose and Brian Conybeare permitted Edelman to make his false representations and slanderous remarks without challenging him.
Edelman knows that Janet DiFiore has made a mess of the DA’s Office with more than 70 lawyers and investigators having resigned in little more
than three years and with many of those hanging on, doing so merely to collect their pensions. He knows she is a tough sell to families and police officers, alike; and that is why he once again resorts to lies and distortions against the one candidate he fears most, Tony Castro.
However, the People of Westchester will not be fooled into accepting four more years of DiFiore’s incompetence, vindictiveness, and unlawfulness.They’re only too well aware of the fact that she is a menace to public safety, a destructive, demoralizing force bent on punishing good cops while protecting those who have engaged in brutality.
Finally, when questioned by this reporter regarding Edelman’s relationship to the Westchester Republican Committee, Party Chairman Doug Colety said, “Mike Edelman does not represent the Republican Party, nor our point of view.”
Westchester Guardian/In Our Opinion/Our Readers Respond.
Thursday, April 9, 2009
In Our Opinion...
Image v Reality In The Ninth Judicial
Last Tuesday night We returned home about 9pm, having traveled after work to Brewster to attend the wake of an old friend, a woman who,
despite having been a smoker all of her life, managed to reach age 78 before lung cancer struck her down and mercifully, quickly took her life. Standing amongst many old friends, their adult children and their grandchildren, I was reminded of the good days, the hopes and realizations we knew, the tough moments we endured, and the certainty that hard work and good intentions would see us through. Our friend lay peacefully, comfortably, as she seldom did in life.
Pulling into the driveway and picking up the mail, we noticed the symbol of the New York State Bar Association, once very familiar to us while we were in law school, on one of the envelopes, and thinking, “What is the special occasion?” After dinner it was time to open the mail. It was about an upcoming symposium and reception entitled, “Civil Practice In The Ninth Judicial District”, to be presented by Supreme Court Justices of the District.
Wow, what a treat. Seven different judges would instruct in 10 separate course subjects. How lucky could we get? There would be the Honorable
Robert A. Spolzino, New York Supreme Court Associate Justice of the Appellate Division, Second Department, instructing on, “The Interface Between The Ninth Judicial District And The Appellate Division.” And, after all, he would surely know all about that, because it was he, Judge Spolzino, who got the ball rolling back in November 2004 to steal the election to the 35th District State Senate Seat from Andrea Stewart-Cousins, who had beaten nine-term incumbent Nick Spano by some 355 votes.
Yes, it was Robert Spolzino, Nick’s former attorney, who got fast-tracked in a year and a half ’s time, right into the Appellate Division where he could return Nick’s favor. If anyone knows anything about the workings of the Ninth Judicial District and the Appellate Division, it is certainly Judge Spolzino.
Surely, without his help, Andrea’s 355-vote victory could never have been turned into an 18-vote loss; Nick, his 15 siblings, and two parents.
Actually, quite cynical.
Then there is Honorable Judge Anthony A. Scarpino, Jr., New York State Supreme Court Justice of the Ninth Judicial District offering instruction,
and answering questions, regarding the Matrimonial Part. It is difficult to be certain whether Judge Scarpino has caused more grief by his conduct
and rulings in the Matrimonial Part, or in Surrogate Court. We could fill this newspaper, page after page, each week, with the horror stories that have come out of both Scarpino’s Matrimonial Part and his Surrogate Part.
And, how about Francis Nicolai, Administrative Judge of the entire Ninth Judicial District, giving an Overview Of Civil Trial Practice in that district.
After all, he ought to know; he’s the Judge who gives out case assignments to all the other judges and lets them know how they are supposed to come out. The event is to be held at 84 North Broadway, White Plains. The New York State Judicial Institute, on the grounds of Pace University Law School, the law school We graduated from nine years ago.
What a huge disconnect between the image and the reality.
Our Readers Respond...
Concerned Reader Blows Whistle On Corruption and Terror In Westchester’s Department of Probation
Dear Editor:
I am very concerned about the corruption and terror in the offices of the Westchester County Department Of Probation. There needs to be a detailed investigation into the following stated concerns: Take these issues as a starting point, and the deeper you dig, the more you will find.
Under the supervision of Commissioner Rocco Pozzi, the following has been taking place for far too long and there needs to be action to change this hostile work environment.
• Morale is at an all-time low; many probation officers fear for their jobs;
• Probation officers have been followed around by other probation officers on County time in an effort to get dirt on
them;
• Specific targetting of African-American officers who speak up for themselves;
• Probation officers dating probationers;
• Administrative staff dating probationers, and even marrying them, and having children by them, while they are still under supervision;
• Extra-marital affairs between probation officers taking place in the homes of other probation officers on County time, and supervisors knowing what’s going on;
• Mismanagement of overtime funds;
• Intimidation from Rocco Pozzi to get what he wants;
• Rocco Pozzi used political muscle to influence probation officers’ supervision and sentencing recommendations for his friends;
• Anyone who speaks up gets transferred to undesireable locations;
• Probation officers’ safety issues in outer offices;
• Certain probation officers are allowed to keep second jobs on County time; Pozzi’s friends;
• He has appointed certain probation officers’ supervisors as his henchman and his personal guards; five probation officers, to be exact; he has probation officers and supervisors drive him around on County time; he has sexually intimidated female probation officers and their friends for dates; he made employment opportunities for family members of local politicians in exchange for dates.
This communication would not be sent if it was to waste your time. There is serious corruption going on in this Department, and someone has to stop it now.
A Very Concerned Public Servant
Note From An Appreciative Reader
Dear Editor:
It is about three in the morning, a great time to write a Thank You note to you and your staff!
What a great representation of integrity, courage and truth you and staff represent, to the people of New York. Here’s one I think you’ll like.
Tonight, Mike Kelly drove across the bridge to get the Guardian from our usual spot, the mini mall by 119 in Tarrytown. Half way back Mike calls
me up all excited and says, “Oh, my God, he blasted them, he’s got my letter full blown on page three. I can’t believe it.”
A half hour later he pulls into my driveway and he’s got his little 10-year-old daughter with him. With a mop of dirty blond hair and a sweatshirt 10
sizes too big she’s slumped down in the front seat, just like a little kid, next to her dad. What is she doing? She’s reading the first few sentences of Guardian articles to me, till her dad tells her that’s it. She’s reading my Pandora’s Box letter. This is a VERY shy kid, but she’s caught up in the spirit of truth and integrity and she likes it! What was that line from It’s A Wonderful Life, when Jimmy Stewart, holding his little kid in his arms, says to Donna Reed, “Every time you hear a bell ring an angel gets its wings.” Well, the staff of the Guardian rang that bell of truth for that little kid and she got it. Some people can represent what courage, truth, and honor are about in difficult times. The Guardian’s integrity and the spirit of that integrity touched that little kid and an angel just got her first set of training wings! Want to bet that little kid, proud as a bean sprout, takes the Guardian to school with her and shows it to all her classmates and maybe even the teacher will read it!
Rich Kuse, Rockland
Reader Weighs In On Beaten Children
Dear Editor:
Richard Blassberg’s Court Report of March 26 mentioned that the attorney for the three boys filing suit against Mount Vernon and Yonkers
Police asserted that District Attorney Janet DiFiore ought to dismiss all of the charges against these children, accused of vandalising A.B. Davis Middle School.
Such a suggestion, along with the article’s report that the 12-year-old involved asked police, “I’m only 12 years old. Why are you doing this to me?” is indicative of the obligation of obeying the law, and that any effort made to restrain them from breaking it constitutes an excessive use of force.
The question of whether the police overreacted will now be settled by a federal court. The fact remains it is the school system which, with taxpayers’ money, is providing them with the education they will need to succeed in life. Their alleged crime demonstrates a lack of respect for the laws and the government of their city, county, state, and country.
We expect our police to be diligent in protecting the private property of individual citizens. Should they not be more diligent in protecting the
public property of all the citizens? If this lawsuit is intended to send a message that racism will not be tolerated, another message needs to be sent,
that assaults on the institutions of our common American culture and civilization will also not be tolerated. Our young people need to learn early and well that “God Damn America” is not a permissible attitude to take towards their country.
Eugene Batizat, M.A., Yonkers
Editor’s Note: While we can certainly agree that youngsters must show respect for law and order, we cannot accept the notion that police officers responding to the scene of mischief by three boys, 12 and 13 years of age, can in any way be justified in inflicting brutal injury to them. Dog bites, cuts and lacerations from beatings with metal batons; and words of racial hatred can never be tolerated.
The appropriate response by responding officers was merely to take the three boys into custody, charge them with whatever mischief and/or vandalism they were guilty of, and notify their parents. Clearly, no form of police brutality, racially, or otherwise motivated, can ever be tolerated or justified.
Furthermore, the youngster who said to the police officer whipping him with a metal baton and pushing his face into dirt, “I’m only 12 years old, why are you doing this to me?” was not indicating that he thought he was “somehow exempt from the obligation of obeying the law,” as you suggest, nor exempt from arrest and appropriate punishment.
He was asking why it was that he was being brutally beaten. Your reference to “God Damn America” suggests to us that you are placing something very distressing to you, and perhaps many others, unjustifiably on the shoulders of these three children by way of a racial common denominator;
a clearly unjustifiable and inappropriate conclusion.
Different Slant On Interior Design
Dear Editor:
Ms. Veronica Imperatrice’s current article is quite helpful, except that most furniture here was supplied by our not-for-profit landlord. I still have
three landlord-supplied items in my room; refrigerator, dresser and bed. The night table was too small, so I put it in our living room.
Sometimes neighbors choose to junk stuff that is not in bad shape. I got a night table replacement on South Broadway. Some people feel odd about possibly taking furniture off the street. It’s one less item that city workers need to haul away. It also helps people who don’t have money to invest in new furniture.
I look forward to upcoming articles from you.
A Weekly Reader
Reader Tim Chittenden Announces His Candidacy
Dear Editor:
After much thought and consideration, as well as at the urging of numerous residents and employees of Rye, I have decided to run for a seat on the Rye City Council this November.
I am currently seeking the Republican line. If, for some reason, I do not receive it, I will get the necessary amount of signatures to run.
Some of the issues I plan on addressing are:
1. Looking into the feasibility of splitting Police functions with the Harrison Police Headquarters with the Rye Police Headquarters. Perhaps Rye could be used for Administration and Investigations while Harrison Headquarters could be used for Patrol functions. This could eliminate the need for Rye to spend upwards of $20,000,000 on a new headquarters. This plan would not eliminate any services.
2. Bringing accountability back to Rye Government. The taxpayers deserve to know how their money is being spent and to get answers to their questions in a timely, respectful and non-confrontational way.
3. Bringing transparency to Rye Government Currently almost every Rye City Council meeting consists of an executive session where City of Rye business is conducted in secret. In addition, City Council meetings are not properly noticed and Open Meeting Laws are sometimes not followed.
4. Changing the City of Rye Charter back to the City Manager having to live in Rye.
5. Not giving any City Manager a contract without an expiration date.
6. Having a full-time Corporation Counsel.
7. Having FOIL requests responded to timely and properly. Also, bringing Rye into the 21st century with their record-keeping and the New York State Public Officers Law.
8. Eliminating the position of Police Commissioner and having a Police Chief instead. All Rye Police Sergeants and Lieutenants would have the opportunity to take the Chiefs’ Exam.
I am open to any and all ideas, suggestions, opinions and help, so please contact me at timothychittenden@mac.com.
I look forward to a fair and lively campaign and to a common sense approach to bringing about the change in Rye Government that we need.
Tim Chittenden
Swim Coach Wants Kids To Learn How To Swim
Dear Editor:
It is interesting how African-American children love to play in the swimming pool but every year continue to have the highest drowning rates in our country.
We flood our summer camps with children who are ill-prepared to be aquatic, ready to just enjoy themselves in the simple key elements of life, water. All school year when YMCAs and other aquatic facilities are being ignored by the masses, especially in urban districts of Westchester, children and their families could be registering to develop this much-needed life skill. So, to be able to keep themselves safe and fit in the outdoor pools and waterways when the temperature rises above 80 degrees, they need to learn how to swim.
I have to say a hidden splash haven has been developed at the Mount Vernon Family YMCA where the walls of water-fear have been torn down for thousands of participants over the last decade.
There are also families who have multiple siblings who have grown to become some of the best competitive swimmers in the County, and on the state level. In Buffalo, N.Y., the weekend of March 21-23rd, a young black male hailing from my city, which is becoming known as Murder-A-Month Mount Vernon, has garnered its first two-event State Champion, Offut Osaze Perry-Porter.
I am hoping that people will applaud his effort and his achievement. But the bigger picture is that there are more children of color participating in all types of so-called non-traditional arenas. We need to continue to find the open minds and the resources to include our children in the fun, positive things in life. Swimming, I must say, should be a first.
Coach Offut Porter
In Our Opinion...
Image v Reality In The Ninth Judicial
Last Tuesday night We returned home about 9pm, having traveled after work to Brewster to attend the wake of an old friend, a woman who,
despite having been a smoker all of her life, managed to reach age 78 before lung cancer struck her down and mercifully, quickly took her life. Standing amongst many old friends, their adult children and their grandchildren, I was reminded of the good days, the hopes and realizations we knew, the tough moments we endured, and the certainty that hard work and good intentions would see us through. Our friend lay peacefully, comfortably, as she seldom did in life.
Pulling into the driveway and picking up the mail, we noticed the symbol of the New York State Bar Association, once very familiar to us while we were in law school, on one of the envelopes, and thinking, “What is the special occasion?” After dinner it was time to open the mail. It was about an upcoming symposium and reception entitled, “Civil Practice In The Ninth Judicial District”, to be presented by Supreme Court Justices of the District.
Wow, what a treat. Seven different judges would instruct in 10 separate course subjects. How lucky could we get? There would be the Honorable
Robert A. Spolzino, New York Supreme Court Associate Justice of the Appellate Division, Second Department, instructing on, “The Interface Between The Ninth Judicial District And The Appellate Division.” And, after all, he would surely know all about that, because it was he, Judge Spolzino, who got the ball rolling back in November 2004 to steal the election to the 35th District State Senate Seat from Andrea Stewart-Cousins, who had beaten nine-term incumbent Nick Spano by some 355 votes.
Yes, it was Robert Spolzino, Nick’s former attorney, who got fast-tracked in a year and a half ’s time, right into the Appellate Division where he could return Nick’s favor. If anyone knows anything about the workings of the Ninth Judicial District and the Appellate Division, it is certainly Judge Spolzino.
Surely, without his help, Andrea’s 355-vote victory could never have been turned into an 18-vote loss; Nick, his 15 siblings, and two parents.
Actually, quite cynical.
Then there is Honorable Judge Anthony A. Scarpino, Jr., New York State Supreme Court Justice of the Ninth Judicial District offering instruction,
and answering questions, regarding the Matrimonial Part. It is difficult to be certain whether Judge Scarpino has caused more grief by his conduct
and rulings in the Matrimonial Part, or in Surrogate Court. We could fill this newspaper, page after page, each week, with the horror stories that have come out of both Scarpino’s Matrimonial Part and his Surrogate Part.
And, how about Francis Nicolai, Administrative Judge of the entire Ninth Judicial District, giving an Overview Of Civil Trial Practice in that district.
After all, he ought to know; he’s the Judge who gives out case assignments to all the other judges and lets them know how they are supposed to come out. The event is to be held at 84 North Broadway, White Plains. The New York State Judicial Institute, on the grounds of Pace University Law School, the law school We graduated from nine years ago.
What a huge disconnect between the image and the reality.
Our Readers Respond...
Concerned Reader Blows Whistle On Corruption and Terror In Westchester’s Department of Probation
Dear Editor:
I am very concerned about the corruption and terror in the offices of the Westchester County Department Of Probation. There needs to be a detailed investigation into the following stated concerns: Take these issues as a starting point, and the deeper you dig, the more you will find.
Under the supervision of Commissioner Rocco Pozzi, the following has been taking place for far too long and there needs to be action to change this hostile work environment.
• Morale is at an all-time low; many probation officers fear for their jobs;
• Probation officers have been followed around by other probation officers on County time in an effort to get dirt on
them;
• Specific targetting of African-American officers who speak up for themselves;
• Probation officers dating probationers;
• Administrative staff dating probationers, and even marrying them, and having children by them, while they are still under supervision;
• Extra-marital affairs between probation officers taking place in the homes of other probation officers on County time, and supervisors knowing what’s going on;
• Mismanagement of overtime funds;
• Intimidation from Rocco Pozzi to get what he wants;
• Rocco Pozzi used political muscle to influence probation officers’ supervision and sentencing recommendations for his friends;
• Anyone who speaks up gets transferred to undesireable locations;
• Probation officers’ safety issues in outer offices;
• Certain probation officers are allowed to keep second jobs on County time; Pozzi’s friends;
• He has appointed certain probation officers’ supervisors as his henchman and his personal guards; five probation officers, to be exact; he has probation officers and supervisors drive him around on County time; he has sexually intimidated female probation officers and their friends for dates; he made employment opportunities for family members of local politicians in exchange for dates.
This communication would not be sent if it was to waste your time. There is serious corruption going on in this Department, and someone has to stop it now.
A Very Concerned Public Servant
Note From An Appreciative Reader
Dear Editor:
It is about three in the morning, a great time to write a Thank You note to you and your staff!
What a great representation of integrity, courage and truth you and staff represent, to the people of New York. Here’s one I think you’ll like.
Tonight, Mike Kelly drove across the bridge to get the Guardian from our usual spot, the mini mall by 119 in Tarrytown. Half way back Mike calls
me up all excited and says, “Oh, my God, he blasted them, he’s got my letter full blown on page three. I can’t believe it.”
A half hour later he pulls into my driveway and he’s got his little 10-year-old daughter with him. With a mop of dirty blond hair and a sweatshirt 10
sizes too big she’s slumped down in the front seat, just like a little kid, next to her dad. What is she doing? She’s reading the first few sentences of Guardian articles to me, till her dad tells her that’s it. She’s reading my Pandora’s Box letter. This is a VERY shy kid, but she’s caught up in the spirit of truth and integrity and she likes it! What was that line from It’s A Wonderful Life, when Jimmy Stewart, holding his little kid in his arms, says to Donna Reed, “Every time you hear a bell ring an angel gets its wings.” Well, the staff of the Guardian rang that bell of truth for that little kid and she got it. Some people can represent what courage, truth, and honor are about in difficult times. The Guardian’s integrity and the spirit of that integrity touched that little kid and an angel just got her first set of training wings! Want to bet that little kid, proud as a bean sprout, takes the Guardian to school with her and shows it to all her classmates and maybe even the teacher will read it!
Rich Kuse, Rockland
Reader Weighs In On Beaten Children
Dear Editor:
Richard Blassberg’s Court Report of March 26 mentioned that the attorney for the three boys filing suit against Mount Vernon and Yonkers
Police asserted that District Attorney Janet DiFiore ought to dismiss all of the charges against these children, accused of vandalising A.B. Davis Middle School.
Such a suggestion, along with the article’s report that the 12-year-old involved asked police, “I’m only 12 years old. Why are you doing this to me?” is indicative of the obligation of obeying the law, and that any effort made to restrain them from breaking it constitutes an excessive use of force.
The question of whether the police overreacted will now be settled by a federal court. The fact remains it is the school system which, with taxpayers’ money, is providing them with the education they will need to succeed in life. Their alleged crime demonstrates a lack of respect for the laws and the government of their city, county, state, and country.
We expect our police to be diligent in protecting the private property of individual citizens. Should they not be more diligent in protecting the
public property of all the citizens? If this lawsuit is intended to send a message that racism will not be tolerated, another message needs to be sent,
that assaults on the institutions of our common American culture and civilization will also not be tolerated. Our young people need to learn early and well that “God Damn America” is not a permissible attitude to take towards their country.
Eugene Batizat, M.A., Yonkers
Editor’s Note: While we can certainly agree that youngsters must show respect for law and order, we cannot accept the notion that police officers responding to the scene of mischief by three boys, 12 and 13 years of age, can in any way be justified in inflicting brutal injury to them. Dog bites, cuts and lacerations from beatings with metal batons; and words of racial hatred can never be tolerated.
The appropriate response by responding officers was merely to take the three boys into custody, charge them with whatever mischief and/or vandalism they were guilty of, and notify their parents. Clearly, no form of police brutality, racially, or otherwise motivated, can ever be tolerated or justified.
Furthermore, the youngster who said to the police officer whipping him with a metal baton and pushing his face into dirt, “I’m only 12 years old, why are you doing this to me?” was not indicating that he thought he was “somehow exempt from the obligation of obeying the law,” as you suggest, nor exempt from arrest and appropriate punishment.
He was asking why it was that he was being brutally beaten. Your reference to “God Damn America” suggests to us that you are placing something very distressing to you, and perhaps many others, unjustifiably on the shoulders of these three children by way of a racial common denominator;
a clearly unjustifiable and inappropriate conclusion.
Different Slant On Interior Design
Dear Editor:
Ms. Veronica Imperatrice’s current article is quite helpful, except that most furniture here was supplied by our not-for-profit landlord. I still have
three landlord-supplied items in my room; refrigerator, dresser and bed. The night table was too small, so I put it in our living room.
Sometimes neighbors choose to junk stuff that is not in bad shape. I got a night table replacement on South Broadway. Some people feel odd about possibly taking furniture off the street. It’s one less item that city workers need to haul away. It also helps people who don’t have money to invest in new furniture.
I look forward to upcoming articles from you.
A Weekly Reader
Reader Tim Chittenden Announces His Candidacy
Dear Editor:
After much thought and consideration, as well as at the urging of numerous residents and employees of Rye, I have decided to run for a seat on the Rye City Council this November.
I am currently seeking the Republican line. If, for some reason, I do not receive it, I will get the necessary amount of signatures to run.
Some of the issues I plan on addressing are:
1. Looking into the feasibility of splitting Police functions with the Harrison Police Headquarters with the Rye Police Headquarters. Perhaps Rye could be used for Administration and Investigations while Harrison Headquarters could be used for Patrol functions. This could eliminate the need for Rye to spend upwards of $20,000,000 on a new headquarters. This plan would not eliminate any services.
2. Bringing accountability back to Rye Government. The taxpayers deserve to know how their money is being spent and to get answers to their questions in a timely, respectful and non-confrontational way.
3. Bringing transparency to Rye Government Currently almost every Rye City Council meeting consists of an executive session where City of Rye business is conducted in secret. In addition, City Council meetings are not properly noticed and Open Meeting Laws are sometimes not followed.
4. Changing the City of Rye Charter back to the City Manager having to live in Rye.
5. Not giving any City Manager a contract without an expiration date.
6. Having a full-time Corporation Counsel.
7. Having FOIL requests responded to timely and properly. Also, bringing Rye into the 21st century with their record-keeping and the New York State Public Officers Law.
8. Eliminating the position of Police Commissioner and having a Police Chief instead. All Rye Police Sergeants and Lieutenants would have the opportunity to take the Chiefs’ Exam.
I am open to any and all ideas, suggestions, opinions and help, so please contact me at timothychittenden@mac.com.
I look forward to a fair and lively campaign and to a common sense approach to bringing about the change in Rye Government that we need.
Tim Chittenden
Swim Coach Wants Kids To Learn How To Swim
Dear Editor:
It is interesting how African-American children love to play in the swimming pool but every year continue to have the highest drowning rates in our country.
We flood our summer camps with children who are ill-prepared to be aquatic, ready to just enjoy themselves in the simple key elements of life, water. All school year when YMCAs and other aquatic facilities are being ignored by the masses, especially in urban districts of Westchester, children and their families could be registering to develop this much-needed life skill. So, to be able to keep themselves safe and fit in the outdoor pools and waterways when the temperature rises above 80 degrees, they need to learn how to swim.
I have to say a hidden splash haven has been developed at the Mount Vernon Family YMCA where the walls of water-fear have been torn down for thousands of participants over the last decade.
There are also families who have multiple siblings who have grown to become some of the best competitive swimmers in the County, and on the state level. In Buffalo, N.Y., the weekend of March 21-23rd, a young black male hailing from my city, which is becoming known as Murder-A-Month Mount Vernon, has garnered its first two-event State Champion, Offut Osaze Perry-Porter.
I am hoping that people will applaud his effort and his achievement. But the bigger picture is that there are more children of color participating in all types of so-called non-traditional arenas. We need to continue to find the open minds and the resources to include our children in the fun, positive things in life. Swimming, I must say, should be a first.
Coach Offut Porter
City of Mount Vernon.
Thursday, April 9, 2009
The Court Report
By Richard Blassberg
Gerrie” Post And Wayne Charles Found
Guilty Of Mail Fraud And Conspiracy
LEV L. DASSIN, the Acting United States Attorney for the Southern District of New York, announced that CONSTANCE G. POST, former Commissioner of the Mount Vernon Department of Planning and Community Development as well as Executive Director of the Mount Vernon Department of Planning and Urban Renewal Agency, and WAYNE CHARLES were found guilty following a month-long jury trial in White Plains federal court on charges stemming from their diversion of more than $2 million in state and federal funds.
As established by the evidence at trial:
POST and CHARLES, who had a romantic relationship, arranged to steer a computer services contract to a company secretly owned by CHARLES. Using the name of a defunct computer services company that a friend had operated, CHARLES concealed from the City of Mount Vernon that he had no computer expertise, no employees, and no ability to perform under the contract. POST hired and directed people to work for CHARLES’ company, which enriched CHARLES but ultimately cost the City more than twice what it would have paid if the employees had worked directly for the City. POST also disregarded the monetary restrictions placed upon her by the Mount Vernon board that approved the computer services contract and steered hundreds of thousands of dollars beyond her authorization to CHARLES.
Separately, in connection with a $500,000 loan awarded by the City to CHARLES to renovate property on Third Street, CHARLES, with the approval of POST, falsely stated that he had not used any other names, and falsely certified that he had no other business with the Mount Vernon Urban Renewal Agency.
In fact, CHARLES used numerous false names with the approval and assistance of POST in order to conceal his involvement in various matters in the City. Then, after renovations were complete at the Third Street property, another lender, in accordance with the terms of the City’s loan, repaid $250,000 of the loan, leaving an unpaid balance of $250,000. POST buried the unpaid balance on Mount Vernon’s books via a series of complicated financial transactions, ensuring that CHARLES was not required to repay the loan to Mount Vernon. Years later, in 2005, when federal investigators were examining the Mount Vernon Urban Renewal Agency’s financial records, POST retroactively recorded the unpaid balance of the CHARLES loan on the books of the Urban Renewal Agency.
Shortly thereafter, CHARLES made a few payments on the loan, which otherwise remains unpaid. POST also received $30,000 from CHARLES and did not file the financial disclosure forms required by local law for her position.
POST and CHARLES were each convicted of one count of conspiracy to commit mail fraud and one count of mail fraud. CHARLES was also convicted of making false statements to federal agents who interviewed him in 2006.
Sentencing is scheduled for July 23, 2009, before United States District Judge KENNETH M. KARAS. POST, of Mount Vernon, New York, and CHARLES, of New York City, face up to 20 years in prison on the conspiracy charge and up to 20 years in prison on the mail fraud charge of the Indictment. CHARLES also faces up to five years in prison on the false statement charge. Mr. DASSIN praised the joint efforts of the Federal Bureau of Investigation and the United States Department of Housing and Urban Development, Inspector General.
Assistant United States Attorneys CYNTHIA K. DUNNE and ANDREW S. DEMBER are in charge of the prosecution.
The Court Report
By Richard Blassberg
Gerrie” Post And Wayne Charles Found
Guilty Of Mail Fraud And Conspiracy
LEV L. DASSIN, the Acting United States Attorney for the Southern District of New York, announced that CONSTANCE G. POST, former Commissioner of the Mount Vernon Department of Planning and Community Development as well as Executive Director of the Mount Vernon Department of Planning and Urban Renewal Agency, and WAYNE CHARLES were found guilty following a month-long jury trial in White Plains federal court on charges stemming from their diversion of more than $2 million in state and federal funds.
As established by the evidence at trial:
POST and CHARLES, who had a romantic relationship, arranged to steer a computer services contract to a company secretly owned by CHARLES. Using the name of a defunct computer services company that a friend had operated, CHARLES concealed from the City of Mount Vernon that he had no computer expertise, no employees, and no ability to perform under the contract. POST hired and directed people to work for CHARLES’ company, which enriched CHARLES but ultimately cost the City more than twice what it would have paid if the employees had worked directly for the City. POST also disregarded the monetary restrictions placed upon her by the Mount Vernon board that approved the computer services contract and steered hundreds of thousands of dollars beyond her authorization to CHARLES.
Separately, in connection with a $500,000 loan awarded by the City to CHARLES to renovate property on Third Street, CHARLES, with the approval of POST, falsely stated that he had not used any other names, and falsely certified that he had no other business with the Mount Vernon Urban Renewal Agency.
In fact, CHARLES used numerous false names with the approval and assistance of POST in order to conceal his involvement in various matters in the City. Then, after renovations were complete at the Third Street property, another lender, in accordance with the terms of the City’s loan, repaid $250,000 of the loan, leaving an unpaid balance of $250,000. POST buried the unpaid balance on Mount Vernon’s books via a series of complicated financial transactions, ensuring that CHARLES was not required to repay the loan to Mount Vernon. Years later, in 2005, when federal investigators were examining the Mount Vernon Urban Renewal Agency’s financial records, POST retroactively recorded the unpaid balance of the CHARLES loan on the books of the Urban Renewal Agency.
Shortly thereafter, CHARLES made a few payments on the loan, which otherwise remains unpaid. POST also received $30,000 from CHARLES and did not file the financial disclosure forms required by local law for her position.
POST and CHARLES were each convicted of one count of conspiracy to commit mail fraud and one count of mail fraud. CHARLES was also convicted of making false statements to federal agents who interviewed him in 2006.
Sentencing is scheduled for July 23, 2009, before United States District Judge KENNETH M. KARAS. POST, of Mount Vernon, New York, and CHARLES, of New York City, face up to 20 years in prison on the conspiracy charge and up to 20 years in prison on the mail fraud charge of the Indictment. CHARLES also faces up to five years in prison on the false statement charge. Mr. DASSIN praised the joint efforts of the Federal Bureau of Investigation and the United States Department of Housing and Urban Development, Inspector General.
Assistant United States Attorneys CYNTHIA K. DUNNE and ANDREW S. DEMBER are in charge of the prosecution.
Westchester Guardian/Catherine Wilson.
Thursday, April 9, 2009
Catherine Wilson, Bureau Chief
Nothern Westchester
Parenting Education 101
In the State of New York, no one may drive a car, operate certain machinery, provide medical or legal services, or even give you a manicure, without a license. That state-issued license verifies that the individual has received all necessary training required for the job or skill exercised. But the most important job comes without any training whatsoever, that of being a parent. Fortunately, Westchester County schools and agencies are stepping up to the plate to compensate for this deficiency.
Many local schools in our area over some type of basic “parenting education 101” to our students. The White Plains School district offers a course called “Child Psychology and Development 1” to high school juniors and seniors. The district states that the purpose of this course is to:
“Explore the responsibilities of parenthood and the importance of family. Units on sign and symptoms of pregnancy, delivery, birth defects, fetal developments, maternal health care are covered. Students are given an overview of the physical, emotional, social and intellectual development of a child’s first year of life.
The semester course includes projects such as a weekend with Think It Over Baby, and guest speakers. Students use technology to investigate new trends that are impacting the field of child development”.
The Think it Over Baby is a computerized doll, offered by Realityworks and costing approximately $550 - $600 each, that
many high schools in our County offer to local students to take home to experience the reality of caring for a newborn. According to the company, the purpose of these dolls is to “Teach proper infant care skills, parenting education, pregnancy prevention and early childhood
development”.
The Realityworks combine curriculum with “interactive, science-based technology for true-to-life simulations that virtually shape the future”. According to the company, “educators in the fields of Career and Technical Education (CTE), Family and Consumer Sciences,
Early Childhood Development, Parenting, Health, Health Occupations, Teen Pregnancy Prevention and Life Skills have been providing unforgettable learning experiences with Realityworks products since 1994”.
Our local high school students take home a life-sized doll that cries when it “needs” feedings, diaper changing, and burping. Computer chips monitor the student caring for the baby, and their response to the “baby’s” needs, e.g., when the “baby’s” diaper is changed, a chip in each diaper notes which one is placed on the “baby” and at what time.
A student may select breast or bottle feeding and holds the appropriate computerized device in front of the “baby’s” mouth to simulate feeding. After feeding, the student must burp the “baby”; too much force will cause the doll to scream and will register a negative grade for inappropriate
care in the computer monitoring system. Thus, these dolls may be used to instruct students on the techniques of correct infant care, but also to teach how inappropriate care, and even abusive touch, may harm a child.
Just like a real baby, the doll will keep on crying, eventually escalating to screaming, until the student provides the right solution, diaper change, feeding, or simply rocking to calm fussiness. The doll will “coo” once it is “happy” and the student can then stop feeding or rocking. The doll
is even programmed to coo when awake and happy and to breathe shallowly when asleep. And just like in real life, some unfortunate students can end up with a colicky baby and have to rock it for extended periods of time to calm it down.
As for the reality of the “baby’s” screams? The Westchester Facebook pages are filled with parents’ supportive chats about the sleepless nights experienced by their households thanks to their child’s “Think it Over” baby and their relief when their “grandchildren” are returned to the schools!
The “Think it Over” babies give our local students an around-the-clock interactive experience with a lifelike newborn. The computerized doll can, and indeed does, wake the student up many times in the course of each night and the student is graded on how quickly and appropriately the student responds to the “baby’s” cries and how accurately the student addresses the “baby’s” needs. Students caring for a “Think it Over” baby are easily identified in the hallways of our local high schools; they’re the ones racing into school late the next morning looking bleary-eyed and bedraggled, hair askew and often still wearing pajamas, clutching the doll to their chests (the baby stays with the student 24/7) while dragging backpacks and personal belongings every which way. Within hours the students feel all of the stress and exhaustion that any new parent can relate to, which is precisely the point.
However, many parents in our County do not have the benefit of parent education classes or a support network and must struggle by themselves to deal with the stresses of raising and caring for children. For those parents there is a safety net, the Parent-Child Center in White Plains. Partially
funded with Westchester County Department of Social Services grants and private funding, the White Plains Parent Child Center is one of 100 similar centers nationwide that are affiliated with the National Exchange Club Foundation. The Center offers a wealth of services to educate and
train parents:
• Parent aides to support and counsel overwhelmed parents;
• “Back to Sleep” programs for children;
• Parenting groups;
• Intensive programs for families in crisis and to prevent foster care;
• Information and referral;
• Seminars and workshops for local businesses, agencies, community organizations, schools and parent groups;
• A 24-hour help line, 914- 682-CARE.
Last week, the Center held a seminar on “A Mother’s/Father’s Rage” to discuss methods to deal with children when overwhelmed with stress as a kickoff to their participation in National Child Abuse Prevention Month this April. The leader of that workshop, Ms. Linda Paver, the Assistant Executive Director of the Center, spoke with the Guardian about the wealth of services they have to offer all parents in our County.
“There are times as a parent when we all are stressed” Paver noted. “Sometimes it has nothing to do with the child and sometimes it has everything to do with the child. Usually parents have a network of support from family, friends, and other parents of young children so they
can see ‘It’s not just you or your child’. But some parents don’t have that.” Paver explained that some of the stress may be caused by the parents themselves. “A lot of parents do not understand young children. They may have expectations that are too high for the child’s age or they may feel that the child is being disrespectful. They don’t understand childhood development stages”.
Paver noted that some of the stress may also be due to external circumstances or situations that have nothing to do with the behavior of the child. “Sometimes the parent is not able to meet the child’s need. There may be other issues. The parent could be in chronic pain or have other family members to care for. And they may have no outlets to relieve their stress; they may have no one to even talk to”.
Paver stressed that all parents find it difficult to deal with children at times. “It’s when that stress becomes a pattern of behavior that the parent may be in difficulty” she noted. There are some external indicators to help identify parents who are overwhelmed with stress. “Frequent absenteeism in school can be a sign of educational neglect” Paver said. “There could be underlying reasons for a child’s chronic absenteeism. Is the child being bullied? Or are there obstacles at home?” Those obstacles could be as simple as a mother having to deal with a sickly infant or other family member and simply cannot leave the house to drive a child to school when that child misses the school bus. “Many parents caring for sick family members are isolated and often the children become isolated as well” Paver said. “In those situations, our aides try to identify solutions with the parent. We’ll do things like get the class list to see if there are classmates nearby that the child could go to school with”.
The Center helps parents with a variety of problems, including new mothers struggling with post partum depression. “We’ll work with that mother helping her to build to the point where she can bond with her child. We take a social work approach to parenting problems” Paver told the Guardian. “We ask what will make the parent’s life easier? What, if any, are the emotional issues? What strengths does the mother/father have that can help? What type of community support do they have?” If the stress has reached critical levels when the parent may be in danger of hurting their child, the Center will help them develop coping measures.
“We teach them what to put in place of ‘don’t hit’, we give them constructive ways of dealing”. Pave stressed that the Center is ‘non-judgmental’. “We are a supporting, nurturing, and problem-solving group” she noted. “There’s a very thin line that separates any of us parents. In an extremely stressful situation, any of us could find ourselves overwhelmed and unable to cope”. The stated mission of the Parent-Child Center is to reduce incidents of child abuse and neglect. “We have an 85% success rate” Paver noted. “We stay with families on an average of 18 months to make sure
that they keep the changes in behavior. Several of our parents have even become aides as well”.
The Parent-Child Center’s programs, services, and 24-hour help line is available to any parent in Westchester County regardless of race, age, or economic circumstances. However, the Center operates with a staff of only six individuals. “Fortunately we have over 75 volunteers,” Paver said. Those volunteers stand at the ready to help a stressed parent day and night. “Even parents with a strong support network may be unwilling or ashamed to call a friend or family member when they find themselves in an overwhelming behavioral situation” Paver said. “That parent can
call us, day or night, completely confidentially. We’ll talk to them and help soothe them and diffuse the stress. It doesn’t matter if the parent calling us is a struggling single mom or a rich mother living in a mansion in Scarsdale”.
Paver noted that parents of all backgrounds are at risk given the right circumstances. An affluent, educated mom who is emotionally and physically exhausted from being alone at home dealing with several sick children while dad is out of town on business could find herself on the verge of “losing
it” if the situation continues long enough. Since women are judged by how good a mother they are, an overwhelmed mom is usually too embarrassed to call her girlfriends or family members to tell them she wants to lash out because the situation is more than she can handle. For those times when a parent feels like the least little thing will literally be the straw that breaks their back, the Parent-Child Center’s confidential help line can be their life line.
A parent holding a child for the first time wonders how anyone could ever even think of hurting such a miracle. But any parent of a two-year-old or a rebellious teenager wonders how parents with fragile support networks or with other problems to deal with can survive those stages intact. There are few experienced parents who don’t realize that how, given the wrong combination of circumstances, a parent can “cross the line”.
Fortunately, the Parent-Child Center is there to help any parent back from the precipice, no matter who they are or how they got there. Sadly, one of the circumstances that increases stress for all parents is financial worries. Given the current economic crisis, the Parent Center is more critical than ever to help parents at their “wits end”. The Center will be hosting events throughout the month of April to reach out to local parents and educate them about the services they provide. On April 29th, the Center will hold a community outreach dinner at the Women’s Club in White Plains. While the purpose of the dinner is to honor the Center’s volunteers, local parents, and moms looking for a different “mom’s night out”, are equally welcome. Anyone needing any additional information regarding this event or any of the services the Center has to offer may call them during normal business hours at 914-997-2642. Any parent needing confidential help and support at any time, day or night, may reach a volunteer at the Center’s help line at 914-682-CARE (2273).
Catherine Wilson, Bureau Chief
Nothern Westchester
Parenting Education 101
In the State of New York, no one may drive a car, operate certain machinery, provide medical or legal services, or even give you a manicure, without a license. That state-issued license verifies that the individual has received all necessary training required for the job or skill exercised. But the most important job comes without any training whatsoever, that of being a parent. Fortunately, Westchester County schools and agencies are stepping up to the plate to compensate for this deficiency.
Many local schools in our area over some type of basic “parenting education 101” to our students. The White Plains School district offers a course called “Child Psychology and Development 1” to high school juniors and seniors. The district states that the purpose of this course is to:
“Explore the responsibilities of parenthood and the importance of family. Units on sign and symptoms of pregnancy, delivery, birth defects, fetal developments, maternal health care are covered. Students are given an overview of the physical, emotional, social and intellectual development of a child’s first year of life.
The semester course includes projects such as a weekend with Think It Over Baby, and guest speakers. Students use technology to investigate new trends that are impacting the field of child development”.
The Think it Over Baby is a computerized doll, offered by Realityworks and costing approximately $550 - $600 each, that
many high schools in our County offer to local students to take home to experience the reality of caring for a newborn. According to the company, the purpose of these dolls is to “Teach proper infant care skills, parenting education, pregnancy prevention and early childhood
development”.
The Realityworks combine curriculum with “interactive, science-based technology for true-to-life simulations that virtually shape the future”. According to the company, “educators in the fields of Career and Technical Education (CTE), Family and Consumer Sciences,
Early Childhood Development, Parenting, Health, Health Occupations, Teen Pregnancy Prevention and Life Skills have been providing unforgettable learning experiences with Realityworks products since 1994”.
Our local high school students take home a life-sized doll that cries when it “needs” feedings, diaper changing, and burping. Computer chips monitor the student caring for the baby, and their response to the “baby’s” needs, e.g., when the “baby’s” diaper is changed, a chip in each diaper notes which one is placed on the “baby” and at what time.
A student may select breast or bottle feeding and holds the appropriate computerized device in front of the “baby’s” mouth to simulate feeding. After feeding, the student must burp the “baby”; too much force will cause the doll to scream and will register a negative grade for inappropriate
care in the computer monitoring system. Thus, these dolls may be used to instruct students on the techniques of correct infant care, but also to teach how inappropriate care, and even abusive touch, may harm a child.
Just like a real baby, the doll will keep on crying, eventually escalating to screaming, until the student provides the right solution, diaper change, feeding, or simply rocking to calm fussiness. The doll will “coo” once it is “happy” and the student can then stop feeding or rocking. The doll
is even programmed to coo when awake and happy and to breathe shallowly when asleep. And just like in real life, some unfortunate students can end up with a colicky baby and have to rock it for extended periods of time to calm it down.
As for the reality of the “baby’s” screams? The Westchester Facebook pages are filled with parents’ supportive chats about the sleepless nights experienced by their households thanks to their child’s “Think it Over” baby and their relief when their “grandchildren” are returned to the schools!
The “Think it Over” babies give our local students an around-the-clock interactive experience with a lifelike newborn. The computerized doll can, and indeed does, wake the student up many times in the course of each night and the student is graded on how quickly and appropriately the student responds to the “baby’s” cries and how accurately the student addresses the “baby’s” needs. Students caring for a “Think it Over” baby are easily identified in the hallways of our local high schools; they’re the ones racing into school late the next morning looking bleary-eyed and bedraggled, hair askew and often still wearing pajamas, clutching the doll to their chests (the baby stays with the student 24/7) while dragging backpacks and personal belongings every which way. Within hours the students feel all of the stress and exhaustion that any new parent can relate to, which is precisely the point.
However, many parents in our County do not have the benefit of parent education classes or a support network and must struggle by themselves to deal with the stresses of raising and caring for children. For those parents there is a safety net, the Parent-Child Center in White Plains. Partially
funded with Westchester County Department of Social Services grants and private funding, the White Plains Parent Child Center is one of 100 similar centers nationwide that are affiliated with the National Exchange Club Foundation. The Center offers a wealth of services to educate and
train parents:
• Parent aides to support and counsel overwhelmed parents;
• “Back to Sleep” programs for children;
• Parenting groups;
• Intensive programs for families in crisis and to prevent foster care;
• Information and referral;
• Seminars and workshops for local businesses, agencies, community organizations, schools and parent groups;
• A 24-hour help line, 914- 682-CARE.
Last week, the Center held a seminar on “A Mother’s/Father’s Rage” to discuss methods to deal with children when overwhelmed with stress as a kickoff to their participation in National Child Abuse Prevention Month this April. The leader of that workshop, Ms. Linda Paver, the Assistant Executive Director of the Center, spoke with the Guardian about the wealth of services they have to offer all parents in our County.
“There are times as a parent when we all are stressed” Paver noted. “Sometimes it has nothing to do with the child and sometimes it has everything to do with the child. Usually parents have a network of support from family, friends, and other parents of young children so they
can see ‘It’s not just you or your child’. But some parents don’t have that.” Paver explained that some of the stress may be caused by the parents themselves. “A lot of parents do not understand young children. They may have expectations that are too high for the child’s age or they may feel that the child is being disrespectful. They don’t understand childhood development stages”.
Paver noted that some of the stress may also be due to external circumstances or situations that have nothing to do with the behavior of the child. “Sometimes the parent is not able to meet the child’s need. There may be other issues. The parent could be in chronic pain or have other family members to care for. And they may have no outlets to relieve their stress; they may have no one to even talk to”.
Paver stressed that all parents find it difficult to deal with children at times. “It’s when that stress becomes a pattern of behavior that the parent may be in difficulty” she noted. There are some external indicators to help identify parents who are overwhelmed with stress. “Frequent absenteeism in school can be a sign of educational neglect” Paver said. “There could be underlying reasons for a child’s chronic absenteeism. Is the child being bullied? Or are there obstacles at home?” Those obstacles could be as simple as a mother having to deal with a sickly infant or other family member and simply cannot leave the house to drive a child to school when that child misses the school bus. “Many parents caring for sick family members are isolated and often the children become isolated as well” Paver said. “In those situations, our aides try to identify solutions with the parent. We’ll do things like get the class list to see if there are classmates nearby that the child could go to school with”.
The Center helps parents with a variety of problems, including new mothers struggling with post partum depression. “We’ll work with that mother helping her to build to the point where she can bond with her child. We take a social work approach to parenting problems” Paver told the Guardian. “We ask what will make the parent’s life easier? What, if any, are the emotional issues? What strengths does the mother/father have that can help? What type of community support do they have?” If the stress has reached critical levels when the parent may be in danger of hurting their child, the Center will help them develop coping measures.
“We teach them what to put in place of ‘don’t hit’, we give them constructive ways of dealing”. Pave stressed that the Center is ‘non-judgmental’. “We are a supporting, nurturing, and problem-solving group” she noted. “There’s a very thin line that separates any of us parents. In an extremely stressful situation, any of us could find ourselves overwhelmed and unable to cope”. The stated mission of the Parent-Child Center is to reduce incidents of child abuse and neglect. “We have an 85% success rate” Paver noted. “We stay with families on an average of 18 months to make sure
that they keep the changes in behavior. Several of our parents have even become aides as well”.
The Parent-Child Center’s programs, services, and 24-hour help line is available to any parent in Westchester County regardless of race, age, or economic circumstances. However, the Center operates with a staff of only six individuals. “Fortunately we have over 75 volunteers,” Paver said. Those volunteers stand at the ready to help a stressed parent day and night. “Even parents with a strong support network may be unwilling or ashamed to call a friend or family member when they find themselves in an overwhelming behavioral situation” Paver said. “That parent can
call us, day or night, completely confidentially. We’ll talk to them and help soothe them and diffuse the stress. It doesn’t matter if the parent calling us is a struggling single mom or a rich mother living in a mansion in Scarsdale”.
Paver noted that parents of all backgrounds are at risk given the right circumstances. An affluent, educated mom who is emotionally and physically exhausted from being alone at home dealing with several sick children while dad is out of town on business could find herself on the verge of “losing
it” if the situation continues long enough. Since women are judged by how good a mother they are, an overwhelmed mom is usually too embarrassed to call her girlfriends or family members to tell them she wants to lash out because the situation is more than she can handle. For those times when a parent feels like the least little thing will literally be the straw that breaks their back, the Parent-Child Center’s confidential help line can be their life line.
A parent holding a child for the first time wonders how anyone could ever even think of hurting such a miracle. But any parent of a two-year-old or a rebellious teenager wonders how parents with fragile support networks or with other problems to deal with can survive those stages intact. There are few experienced parents who don’t realize that how, given the wrong combination of circumstances, a parent can “cross the line”.
Fortunately, the Parent-Child Center is there to help any parent back from the precipice, no matter who they are or how they got there. Sadly, one of the circumstances that increases stress for all parents is financial worries. Given the current economic crisis, the Parent Center is more critical than ever to help parents at their “wits end”. The Center will be hosting events throughout the month of April to reach out to local parents and educate them about the services they provide. On April 29th, the Center will hold a community outreach dinner at the Women’s Club in White Plains. While the purpose of the dinner is to honor the Center’s volunteers, local parents, and moms looking for a different “mom’s night out”, are equally welcome. Anyone needing any additional information regarding this event or any of the services the Center has to offer may call them during normal business hours at 914-997-2642. Any parent needing confidential help and support at any time, day or night, may reach a volunteer at the Center’s help line at 914-682-CARE (2273).
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