Sunday, May 31, 2009
Saturday, May 30, 2009
Last week I was biking with Mary Pat and she had a nifty bike bag, a Trek Handlebar bag (as pictured above) I bought one and put it on my bike. I wanted something a little bigger for when I do area sponsored rides where I often need warm clothing to start but need to shed it later. Plus I like to carry my own snacks, last year in the Seagull Century, they ran out of food towards the end of the ride.
The bag is very light weight, I took off my other bags, so weight wise, I am about the same. Plus I can get all my supplies in with ease.
I got this bag at Bike Line, they ordered it and had it for me in a few days. Will let you know how it aids my rides.
Off to the Chester County Challenge tomorrow. Katherine and Mike and Connie are coming. Hope we see more.
Friday, May 29, 2009
Talked to the guys in Bike Line who have biked both the CCC ride and the French Creek Tour ride, they said the CCC ride is easier. Now i did the French Creek last year and it was not bad, so if some of you are home sitting on the fence........
GET off the fence and come join me, we have all day to do 50 miles, providing you do not have crying babies at home which lucky for me I do not,
WCCC is trying for a record turnout, so come out, if you are a club member, you can register for just $20, it goes to a cancer hospice, so all good stuff
I just got back from a lesson from Vik on how to use a chain tool and how to repair a chain on the road. It is not that hard but it does require some things to carry,plus Vik reviewed with me how to stabilize a broken cable making it able to get someone home.
1. Chain tool, which I am now looking for as many are worthless
2. A universal quick release chain link by SRAM, I have one for my chain but you have to go into a store such as Bike Line and tell them how many cogs are on your back gear set, i.e. what speed your bike is? 10 speed, 12 speed, 18 speed etc, in pic above, on your bike, COUNT how many chain rings you have in back
and then go to bike store and tell them and they will tell you which sram link to buy
with this link and my chain tool, we should be able to fix a broken chain on the road without help, HOPEFULLY
Vik gave me some spare chain to practice on, but the KEY is getting a decent tool.
Chester County Challenge is this Sunday, you can do 25 or 50 miles. You can park here at my house and we can bike up to the ride. I am planning on doing 50 miles, albeit slowly. The course is hilly so I do not plan on doing this ride fast. My goal is to just finish.
Weather is supposed to be spectacular for Sunday. Come on out and enjoy beautiful chester county.
Wednesday, May 27, 2009
Wish me luck. Libby
| The 11th Annual Blood Sweat and Gears |
Saturday, June 27, 2009
Start Time 7:30am at the Valle Crucis School
CLICK HERE FOR 2009 RIDE DETAILS
Awesome 2009 BSG Jerseys - register and order yours early!
The BSG is a challenging to strenuous full English century - 100 mile loop ride starting and ending at the Valle Crucis Elementary School, approximately 5 miles south of Boone, North Carolina. The route roughly circles Boone through the outskirts of Watauga County, the heart of North Carolina's High Country. The terrain is constantly changing with hills of all lengths and curves too numerous to count. The cumulative climbing elevation is 13,000+ feet, with the climb up to the gap at Snake Mountain, milepoint 63, reaching an 18-20% grade near the top. Read our Director's Message for 2009.
Photo by Lonnie Webster.
"It's a great area for riding, very hilly, but I'd say it's the best area for training in the whole of the United States." –– Lance Armstrong on Boone, NC Cycle Sport (June 1998)
BSG offers a demanding route, which showcases the mountain communities of Watauga County, North Carolina; highlights of the route include a 21 mile section of the Blue Ridge Parkway, a strenuous climb over the 4,500 foot gap at Snake Mountain, and a 10 mile "flat" on old US 421.
A 50 mile "Half Century" is available for those who prefer the sanity of a challenging, but shorter route. Both rides are fully supported with aide stations and SAG support.
Proceeds from the ride will benefit the Jeremy Dale Fisher Fund and The Russell Fund, established by the Watauga County Chapter of the American Red Cross , which provides assistance to local families that are displaced by fire, flood or similar disasters.
Tuesday, May 26, 2009
39 Chestnut Street
Dobbs Ferry, NY
THE COOKERY is David DiBaris' and his family latest Italian incarnation. David had been associated with Zuppa in Yonkers and Babbo in Manhattan. We are lucky to have an Italian Restaurant that cures it's own meat and makes its own pasta(actually Mom is making it in the basement). So, come make some new friends,catch up with old ones and support a new neighbor.
Friday, June 5, 2009
Monday, May 25, 2009
Come on out and try the 50 mile ride, I am , although I will have my back up plan in operation in case I hit the wall on some big hill.
Otherwise I am giving it all I got.
Please come join me, register on the CCC site , lets get a bunch of chicks out for this thing.
Saturday, May 23, 2009
Thursday eve 530- looking for a ride leader for this ride??? I may be out of town,
NO SATURDAY ride, at least being lead by me, if anyone wants to lead this ride, email me.
Otherwise I am doing the CCC ride Sunday morn and I am doing the 50 mile course. It is hilly and hard, oh well, onward and upward!!!
Sunday May 31 Chester County Challenge, meet at 7:15 am, group picture at 730
come on out and ride, now if the weather goes bad, of course I am not riding, but since this ride takes off about a block from my house, I am doing it.
Who wants to take the 50 mile challenge, come climb some awful hills and collapse with me at the end???? You can also do just the 25, it also has a big climb, up S Wawaset Rd but after that, not too bad.
Look, you can always dismount and walk a hill, no shame in that. You often see walkers on hills on these area sponsored rides.
Will get registration details up shortly, not sure if the WCCC has a special page or not. Check back later tonight.
I was just about pushing my bike and would of accepted a ride with the most spooky character had I been offered a ride. I would have gladly climbed into a stranger's car. He could have had a mask on and I would of gotten in.
Nonetheless we all made it home. We did manage to have a broken chain on Charlene's new bike. We looked back and there was Charlene standing with her chain in her hand. She moved up to us and I looked at her chain and saw that the quick release link had come undone. So I am thinking, oh joy, just get the chain back on and we are set. Well there we are, 4 chicks staring at the derailleur and the chain. Lo and behold, a nice gentleman stops, (he was also on a Spectrum bike as I am) and he helped weave the chain through the derailleur and we snapped the link closed and off we went.
We soon discovered that I had made a mistake in the chain placement in the front derailleur but we chicks managed to quickly fix that ourselves and get Charlene back on the road.
Video below shows the two types of quick release links bike chains have. Type 2 is what I have and Charlene had as well. I know one thing now, I HAVE to learn how to repair a chain on the road. Watch both videos below. I am buying a chain tool and getting a spare quick release link as well. Gonna email Vik and Frank and get some advice.
Friday, May 22, 2009
depart Hot Foot at 515 pm sharp
if any newbies show up, will do between 15-20, easy ride
if no newbies show up, will run a regular Biker Chick ride, but ride will not be more than 20 miles, just around Immaculata College and Malvern
BRING 2 bottles of Gatorade or some such on your bike, ONE is not enough
if a newbie, send me a Tweet on Twitter, LibsM
make sure to indicate Biker Chicks on the volunteer form for the box marked ORGANIZATION
if you do nothing else this year, DO THIS, it is lots of fun
Hello Volunteers and Potential Volunteers
the chicks did some serious hill climbling this week, Tuesday took us up Cannery, a long long climb and last night we did at least 6 different hills
eileen, ron, cassandra and connie and libby really took it to the road this week
we did not have to de-bike on any hill and are getting pumped for the French Creek Iron Tour on June 14
wish some more ladies would hit the streets, once every 2 or 3 weeks will not get you ready to ride more difficult terrain
Sat's ride is 30 miles with a few hills as well, come on out
Thursday, May 21, 2009
Democratic Party Insiders Stage
A Very Tightly Controlled
Un-Democratic Nominating Convention
Last Wednesday night the clique that tightly controls all that goes on in County government to the point where the County Legislature is
nothing more than a rubber stamp for the will and the whim of County Executive Andrew Spano, ran a totally choreographed, really un-Democratic Party nominating event.
Entering the arena at the County Center in White Plains, we were immediately struck by the predetermined nature of it all. Signs declaring
Andrew Spano, Janet DiFiore, and Tim Idoni, were strung up everywhere to the exclusion of all others as though the outcome, the very
purpose of the evening, had already been pre-determined.
A district leader from Mount Vernon was told, in no uncertain terms by Reginald LaFayette, that he could not put up a sign for Tony Castro,
candidate for District Attorney. And, in fact, when he then placed some 150 Tony Castro signs at a table next to the entrance where all delegates came in to the arena, and where there were three other stacks of signs, all for Spano, Idoni and DiFiore, those Castro signs were quickly removed, never to be seen again.
When Andrew Spano, the County Executive who first ran for the Office 12 years ago, telling everyone he was only seeking two terms, and who is now, at 74, seeking a fourth, took to the podium, it was difficult to determine just what he was thinking about when he uttered the following: “You flush the toilet. Ever wonder where it goes? That’s County Government.” This reporter certainly had to agree that what has
been going on in County Government between the County Executive and the Board of Legislators doesn’t pass the smell test.
Spano then, apparently not quite through with the subject of waste matter, proceeded to tell the delegates a whopper of a lie, declaring that
he had “gotten the Mob out of the solid waste business in Westchester.”
This reporter was present, some four years ago, having been personally invited to attend a meeting of the County Legislature’s Solid Waste
Subcommittee, by its chair, Tom Abinanti, when then-Deputy County Executive Larry Schwartz stood at the doorway to the conference room, and, one by one, called each of the several legislators present out of the room in order to twist their arms into approving an $87 million, five-year contract, with City Carting of Connecticut, a company the City of New York refused to do business with because of its known Mob connections, rather than exercise the County’s available option to renew with the then-current hauler for only $70 million for the next five years.
When asked by this reporter if the original hauler, at $70 million, had been doing a good job, then- Solid Waste Commissioner Landi, another Andy Spano crony, admitted that they were. When then asked, “Why, then, did you not renew the option with them for the next five years, at $17 million less than you will now be paying?”, Landi said, “We wanted to test the waters.” Landi knew then, as did each legislator in the room, that trash hauling was a very tightly-held and choreo-graphed industry, where prices only went up, just like County government over the last 12 years; just like the so-called nominating convention.
Curiously, when it came to nominating a candidate for District Attorney, Party Chairman Reginald LaFayette insisted that Tony Castro’s,
and Janet DiFiore’s, speeches could only be given after a voice vote was recorded declaring DiFiore the nominee. Apparently he was so insecure that, perhaps, if they each spoke before the balloting, perhaps Castro might have inspired too many of even the tightly-controlled, rather unenthusiastic, crowd.
Truth be told, Spano never really supported Tony Castro in either of his prior attempts to become District Attorney. Andrew Spano has far too many skeletons in his closet, both as County Clerk and as County Executive, to ever risk having a competent, experienced law-abiding prosecutor, the likes of Tony Castro, in the District Attorney’s Office. Spano and his cronies needed, and still need, people like Jeanine Pirro and Janet DiFiore, who will sacrifice the interests of decent, innocent individuals, police officers and civilians alike, while covering up crimes and malfeasance, outright corruption in office. Hence, the all-out effort to put Janet DiFiore, a horrible, self-serving Republican DA, across as a Democrat.
Spano expects the real Democrats, the families who are not Fat Cat Insiders, but who, instead, are struggling with the highest taxes in the nation, to accept DiFiore as one of their own, despite her well-known, ruthless handling of innocent victims, and her vindictive crushing of honest, hard-working police officers. He expects her acceptance from rank and file Democrats, just as he expected them to accept the $5,000 raises he wanted to gift to his crony commissioners already getting $155,000 salaries last Fall. In short, he wants Democratic families to drink the Kool-Aid and accept Janet DiFiore despite the fact that a News 12 poll, taken several weeks ago, with a hefty 999 viewer response that indicated voters for District Attorney favored Tony Castro by an overwhelming 55 percent, Dan Schorr, the Republican, with 27 percent,
and incumbent Janet DiFiore, a distant third, with only 18 percent.
We are confident that, in the certain primary between Castro and DiFiore, Westchester’s Democratic families will not be fooled into Drinking
The Kool-Aid for DiFiore.
“You flush the toilet. Ever wonder where it goes? That’s County Government.”
Westchester County Executive Andrew Spano
The Westchester Democratic Convention
Democratic Committeeman Maurio M. Sax’s
Nominating Speech For Tony Castro
Chairman LaFayette, fellow Delegates, eight years ago I had the privilege to stand before you and place in nomination Tony Castro for Westchester County District Attorney. At that time you enthusiastically, and overwhelmingly, made him our nominee for that Office. Four years later, again, you gave him your unconditional endorsement and, in the election that followed, he received more votes on the Democratic line than his Republican opponent, Janet DiFiore did, on the Republican line. Unfortunately, he lost because of minor Party endorsements held by his opponent.
This evening, we have a complex issue before us, as Tony Castro, once again, seeks the Democratic nomination for DA. He is being challenged by the present Republican incumbent who seeks the Democratic nomination for her re-election to that Office. Let’s be clear. There is a real distinction between these two candidates.
Tony Castro is the incumbent Democratic nominee, seeking to be the Democratic nominee to run as our Democratic candidate for DA. Ms. DiFiore is the incumbent Republican District Attorney who seeks the Democratic nomination for her re-election.
One must question why the Republican incumbent, who campaigned against our Party’s candidate, is now seeking our Party’s nomination.
When asked, at a Committee meeting, why she is defecting the Republican Party, she responded, “I like the Democratic Party’s values.” And, when asked which of those values she liked, the response was, “I am against the Iraq War.”
The question must be asked, what, in fact, being a Democratic District Attorney, would permit you to do that you can’t do as the present Republican in that office? Is there a Democratic or a Republican method of enforcing our laws and protecting the public interest? Will you be more competent and serve the public interest better now that you are a Democrat? This Office requires a person who is independent from political demands; someone who possesses fair social ideals and humanitarian principles which relate to law and justice.
Or, is the real reason that the incumbent Republican candidate cannot win re-election against a strong Democratic challenger. If it is, it is an admittance of weakness in your ability to serve that Office. We should not allow our Party to be used for political opportunism and self-preservation. Let’s not be enablers to those who seek to entrench themselves in public office. If this is the trend, there will be a public backlash against this. Both political parties must maintain the sanctity of the two-party system which is basic to our democratic values.
The facts are, when News Channel 12 ran a poll as to who should be Westchester District Attorney, Tony Castro received 55 percent. Dan Schorr received 27 percent. And Janet DiFiore received 18 percent. From this poll, and his two campaigns, we know that there is strong public support
for Tony’s candidacy.
Most of us in this room know Tony Castro. We have seen him and supported him through two elections. He is the prime example of the American Dream. He is the son of immigrant parents, who worked his way through Harvard University. His whole life has been one of public service, having served for 14 years, with distinction, as an Assistant District Attorney. He is committed to public service and will champion the cause of virtue over vice. Finally, allow me to say this. In over 100 years, a Democrat has never been elected to this office. With Tony Castro, we now have an opportunity to elect a life-long Democrat. Let this be an opportunity to elect a true Democrat to be our next DA, for he will enrich the Office with new, dynamic leadership that is so sorely needed.
It is with great pleasure that I place the name of Tony Castro as our Party’s nominee for the next District Attorney of this great County.
The Westchester Democratic Convention
Tony Castro’s Address Before The
Westchester Democratic Convention
Dr. Martin Luther King said, “Law and order exist for the purpose of establishing justice; and, when they fail in this purpose, they become the dangerously structured dams that block the flow of social progress.” Two generations ago, New York Democrats were instrumental in waging and winning a battle for the soul of our Party as we embraced Dr. King’s non-violent crusade for justice as our own.
Just last November, New York Democrats proudly took part in an historic election of change, and promise, when we elected a President of the United States who is as much a son of Kenya as he is of Kansas. But the battle goes on. Today, here in Westchester County, victims of violence at the hands of a few law enforcement officials, are prosecuted by our District Attorney despite public and overwhelming evidence that they have done nothing wrong.
One man was held incommunicado and denied access to his attorney and family for four days. I know, because I was his attorney. In two recent cases, the United States Department of Justice has had to step in and prosecute because our District Attorney charged the victim instead of the offender.
I am a candidate for District Attorney this year, not out of any sense of entitlement as a former candidate. I run because, in this election, I am the better candidate, the better Democrat, and I will be the better District Attorney. Many of you know me as a life-long Democrat who fights the good fight and remains true to the values that define us as Democrats; an uncompromising, unwavering commitment to the civil liberties and rights of all, regardless of economic or social status.
That is the kind of District Attorney Westchester deserves, and that is the kind of District Attorney I will be. Our representations of justice show her blindfolded so that she may weigh, in the scales she holds, the fate of the accused before her, without regard to who that individual may be. In the United States, we are all equal before the law and, as District Attorney, I will make sure that is the practice here in Westchester County again.
Now, I know change is hard. It’s easier to embrace the status quo, to go with the conventional wisdom, to stick with the incumbent even when she just joined our Party. Senator Obama had a good gig going in Washington. It’s nice to be a United States Senator. It’s hard spending weeks in the frozen fields of Iowa convincing Iowa Democrats, sometimes one at a time, that you are the right instrument of the change that America needs.
So, tonight, in asking you to do the right thing for Westchester, and for our Party, I am asking you to do something hard. I am asking you to send a message to the power brokers who put this deal together, and to say “No”, a three-time Republican is not the future of the Democratic Party here in Westchester. And, “No”, we embrace a different vision of justice for our home towns.
It may well be easier to send this message in the privacy of a voting booth in September. But I ask you tonight to join my cause because it is the right thing, not the easy thing, to do. How important is this cause? Dr. King taught us, “Injustice anywhere is a threat to justice everywhere.” Westchester deserves a better administration of justice than it has. And, as the Majority Party, it is our obligation to see to it.
Fellow Democrats, I ask for your support, and with it, I promise to return law enforcement to its true purpose, the establishment of justice. Thank you, ladies and gentlemen, and God bless the United States of America, and our President.
In Our Opinion...
This Memorial Day, Let Us Resolve To
Do Right By Our Returning Injured Veterans
This coming Monday will be Memorial Day, a day which, over the years, has historically been a solemn day of remembrance and tribute; a day when Americans traditionally visit the gravesites of fallen servicemen and women who made the ultimate sacrifice that we might live in freedom and peace. It is a day to reflect upon not only those lives that were laid down on foreign soil in defense of our democracy and democracies around the world against tyranny and dictatorship, but also, in a broader sense, those back here at home as well whose lives were dedicated to protecting our liberty, our very way of life.
With the end of the compulsory military draft, the composition and mentality of our military forces, those who have faced armed combat overseas, has changed significantly. For one thing, it is safe to say that the overwhelming majority of those in the Armed Services are there because they have chosen to be. Having said that, we are not suggesting that those who enlisted are necessarily all very pleased to be facing combat, or even day-to-day existence in the war zones of Iraq and Afghanistan.
The enemy is very often poorly defined, hidden, but armed and ready to strike, frequently by remote control using improvised explosive devices, killing and dismembering several military and civilian victims at a time. As a result, this Longest War In Our History has produced an extraordinary number of young men and women who have returned home with missing limbs and traumatic head injury, often involving vision and hearing loss as well.
Of course, actual physical trauma is but one side of the horrible equation; most often accompanied by psychological and emotional damage and complications sometimes undetected, lodged just beneath the surface, likely to rear themselves at any time back home. And, therein, too, lies the rub. Beginning sometime after the return of military personnel from World War II and the Korean conflict, the quality and availability of medical and psychiatric care and attention extended to our returning injured servicemen and women through the Department of Veterans’ Affairs, has steadily declined, while, at the same time, the nature and severity of typical injuries has become more complex, but survivable.
Sadly, we often have not kept our promise, our solemn obligation to many who have come home in desperate need of aggressive after-care, rehabilitation, and guidance. Many await processing, approvals, and much-needed care and medication as regional VA offices, and local VA hospitals, either drag their feet or outright refuse to perform services.
This Memorial Day, let us take the time to consider the ways we might make a meaningful contribution to the care and comfort of someone who has come home from war with less than he or she left. Let us contact Congressman John Hall and other veterans’ advocates to make our feelings known, not only to federal officials but to state and county veterans’ offices as well. Let us make it abundantly clear that we want to keep our end of the bargain, despite the weakened economy, in order to provide our injured returning men and women with the finest care available.
Our Readers Respond...
Yonkers Legendary ‘Legal Eagle’ Makes Request
We thought this Memorial Day you could publish a photograph of the World War II Marine Memorial Window located
in Mt. Carmel Roman Catholic Church in Yonkers, New York which accompanies this letter.
The Window’s inspiration was a letter written by Marine Corporal Frank Gambino on the Marines’ beliefs and why
they sacrificed their lives for America during the Battle of Saipan on the loss of his squad leader, Corporal Joseph Romano.
The inscription on the Memorial plaque encompasses his lasting words. Corporal Gambino was killed in action in the Battle of
Iwo Jima and awarded the Silver Star. In any event, thank you for the opportunity.
John N. Romano, Yonkers
We are only too happy to comply with the request of World War II Marine veteran, Mr. Romano’s, request.
Reader Reminds Us Corruption Continues In New Castle
I am writing to you to inform you of a very serious problem within one of our local government municipalities. This is not a story about the injustice against a single person. This story has nothing to do with whether one person is a Republican or a Democrat; this is a story about a human being and his God-given rights being violated. It is a story about an innocent, hard-working father and husband who was trying to do the right thing and provide for and protect his loving wife (Shari) and two kids (Matthew 11, Nicole 7). It is a story that hits at the heart of our community, and the basic human values and integrity that we have a right to expect from our community leaders.
I would encourage all who believe that public integrity and Equal Protection Under Law are necessary and fundamental to the lawful operation of local government to speak up and let those in power know your sentiments. I believe there is a troubling, pervasive, and disturbing problem in the Town of New Castle (Chappaqua), that is worthy of attention. Yes, I know this is the home Town for our Past President Bill Clinton and Secretary of State Hillary Clinton, but do not let that sway your opinion, please.
While I am not a writer, my problem is no less real, and I have to believe that I am not the sole victim. Over the past few years, there have been several articles printed in the local papers about the Police Administration and a Lt. John P. Vize as well as Town Administrator Gennaro Faiella in the Town of New Castle. These articles have told of the patterns of serious misconduct, Anti-Semitism, racism, retaliatory action, systemic governmental corruption and conduct unbecoming of several Administrators, employees and police officers within the town.
As it was revealed in one of the articles, then-New York State Attorney General Eliot Spitzer, along with the New York State Comptroller’s
Office, found that there were serious egregious acts committed by these individuals. Anyone who does not believe this story to be true should look up the Verified Complaint filed against John P. Vize by the New York State Attorney General in New York State Supreme Court, Westchester County index # 06-13794. This complaint against John P. Vize was received by the Westchester County Clerk on July 27, 2006.
It is amazing to see the depths that the New Castle Police Department Administration along with Town of New Castle Administrator Gennaro Faiella has sunk to, when Police Lieutenant John P. Vize is allowed to remain on the force despite allegations by the New York State Attorney General’s Office that Lt. Vize violated his fiduciary duties, falsified official records and defrauded the State of New York out of enormous sums of money. John P. Vize has allegedly damaged the pension system upon which many people depend. It has also been reported that Vize was making illegal and secret cash payments to other officers to help cover up the pension frauds he perpetrated.
Lt. Vize made these cash payments without reporting them to the Internal Revenue Service or the New York State Department of Taxation.
Did Lt. Vize commit Tax Fraud? When Lt. Vize was responsible for falsified records being sent to the United States Social Security Administration crediting Police officer Denis Mahoney for working as a Police Officer in New Castle when in actuality he was living and operating a business that he still owns in Carey, North Carolina. Did Lt. Vize also commit Social Security fraud?
Since Lt. Vize may have set up a criminal organization, shouldn’t the United States Attorney for the Southern District of New York investigate these allegations? The fact that someone as reportedly as corrupt as John P. Vize is allowed to remain as a Police Administrator,
seriously damages the public trust in law enforcement. One would have to think it also damages the public’s confidence in the Town of New
Castle’s government, particularly that Town Administrator Gennaro Faiella along with Chief of Police James Baynes both of whom
knowingly and willingly condoned these actions doing absolutely nothing. These actions of keeping someone as reportedly as corrupt as John
P. Vize in his official capacity along with Chief Baynes and Gennaro Faiella together with Town Board Members that condoned these actions
speaks volumes about the serious lack of integrity in the Town of New Castle’s administration as well as other governmental agencies who choose not see that justice was brought to these people.
As reported by one newspaper (Westchester Guardian) an article read as follows: “State of New York, by Attorney General’s Office vs. Dennis Mahoney & John P. Vize, Index # 06-13794, has focused a tremendous amount of attention on the Town of New Castle’s 40-member Police Department, a matter that has churned since 1999 involving a top law enforcement officer who is still on duty, Lieutenant John P. Vize, accused of keeping fraudulent payroll records for at least a year in order to help fellow officer Dennis Mahoney obtain his
20-year pension early when in fact he only worked 19 years, the last year Dennis Mahoney was running a business he owns and was living down in Carey, North Carolina.
According to twenty-year’s worth of documents seized from the New Castle Police Department in 2003 by the Public Integrity Section of the
Office of Westchester District Attorney Jeannine Pirro, Lt. John P. Vize was also involved in arranging shifts under Dennis Mahoney’s name, referred to by some of the Police Department members as ‘The Mahoney Days’. Approximately 25% of the department’s officers have been reported to have participated in the pension fraud scheme! What line of action was taken by the Chief of Police or the Town Administrator, or the Town Board after these findings were uncovered by the Attorney General’s office? They did nothing, and according to Town Administrator Faiella’s statement in The Journal News, they don’t plan to take any action. (Journal News articles dated: July 28 & 30, 2006).
Instead these individuals are promoted, rewarded, and carry on with their daily routines, unpunished.” Now, what is even more disturbing, is that, as of recently, the Journal News has been doing stories about local municipalities and their pay scale. What they found out was most troubling. As quoted by the writer of the article eganga@LoHud.com, April 14, 2009: “The overtime champion in 2008 was police Lt. John
Vize, who earned $34,784. Vize, who is being sued by the state Attorney General’s Office over accusations that he helped former Police Officer Dennis Mahoney defraud the pension system, was the third-highest paid town employee.”
Do you all find that just a little disturbing that the Town of New Castle Administrator Gennaro Faiella, along with the Town Board’s backing, has the audacity to keep this man who is being tried in our very courts to this day for pension frauds from our New York State Pension system which many hardworking men and women and some, if not all, of you contribute to is still allowed to remain on its payroll?
What does that say about the Administration and Legal system in New Castle?
As a member of the community and a major contributor to the New York State Pension System and the spouse and father of members of the
Jewish faith, and, worse yet, a victim, I find these actions are appalling and disgusting. I was employed by the Town of New Castle D.P.W. Highway Division for 14 1/2 years with an outstanding work record and evaluations.
I have received several certificates for years of dedicated service, Letters of Commendation, as well as letters from residents and people traveling through Chappaqua who I assisted. I have also been recognized, and received commendations from surrounding towns for my actions in evacuating a full bowling alley before a roof collapse on March 17, 2007.
In 2004, I filed a lawsuit against the Town and several employees for Harassment, Discrimination, Anti-Semitism, Retaliation and a Hostile
work environment. For years there were anti-Semitic remarks made towards me, such as “Jew Lover”; and I was told by one person “Hitler Had the Right Idea; the only thing Jews were good for was to skin them and Make Lamp Shades”. One of the Foremen (Mike Clifford) referred to the local Yeshiva as a “Jew Farm”.
There was also an instance involving the Foreman being advised of the name of an applicant for summer hire, whereupon he replied “That
Jew will never get a job here”. There is no excuse for those remarks, and they strike a deep chord within me as my wife and children are Jewish, and these comments were abhorrent. I brought my concerns over these Anti-Semitic remarks to the Chief of Police and the Town Administrator, and they took no action, essentially condoning the illegal acts, the same way they took no action with the complaints within their own department. I should not say they took no action because as you read on you will see just how corrupt the administration is there and what they have been covering up.
In 2002 The Town of New Castle went and hired an outside law firm to arbitrate an incident that took place on May 17, 2002 which involved Michael Molnar, one of the individuals named in my lawsuit. In a separate incident Molnar even tried to run over one of the foremen while yelling vulgar obscene comments out his driver’s side window. This is just one example of several that Molnar was involved in. Yet, to this day, Gennaro Faiella, Penelle Paderewski and the Town Board members, Robin Stout, John Buckley, Elise Kessler Mottel, and Michael Wolfensohn, all choose to ignore the fact that he is a potentially serious problem there. Instead they’ve promoted him and he is receiving an ample amount of overtime on a weekly basis.
Prior to filing my lawsuit, I suffered an on-the-job injury to my back. At that time, as well as currently, I was a volunteer with the Brewster Volunteer Fire Department. I informed the Fire Department that I would be out of service because of my on-the-job injury, as I’ve done any time I’ve had an on the- job injury. During my recovery, I was informed that the Town was investigating me for Worker’s Compensation
fraud based on an “eyewitness” account that I was flagging at a car accident on I-84. Through their investigation, the Town found no evidence to support the allegation, to be truthful. In reality, there was not even an accident on I-84 that Brewster responded to during that period of time. This malicious investigation was conducted with the intention of damaging my reputation and character, and was never officially cleared up.
After filing my lawsuit in 2004, I suddenly found myself getting written up for various “insubordination” charges, including, but not limited
to, my saying “aww, shucks.” In May of 2006, my lawsuit was amended to add the Town Administrator, Gennaro Faiella. Within weeks, I was further retaliated against with additional bogus charges, culminating in my being suspended for 30 days without pay, and my being required to appear for a Section 75 hearing. It is interesting to note that as I was being handed the letter suspending me, another employee was standing there repeating the ‘f ’ bomb over and over again in front of the Deputy Town Administrator, Penelle Paderewski who, at that time, was also Acting DPW Commissioner. And, interestingly enough, she was also this employee’s mother.
As an aside, the employee in question was not written up for his foul language while I, on the other hand, was written up for saying “aww shucks.” Just to be clear, I had never been written up prior to filing the lawsuit! Upon returning to work after my 30-day suspension I was relocated to another department, denied any overtime, and specifically instructed that I was not allowed to use any equipment or drive any vehicles, which essentially meant that I was only permitted to work as a laborer, not at my level of MEO. This is not unlike the Supreme
Court case, Burlington Northern Railroad v White Sheila that was ruled on June 22, 2006. (http://docket.medill.northwestern.edu/archives/003256.php). If that weren’t enough, they also instructed me as to the specific facilities
I was permitted to use when I had to relieve myself.
Where is the justice? Those of us who have filed lawsuits against these individuals and the Town of New Castle have done nothing wrong.
All we have done is fight for our civil rights which were repeatedly violated, and protect the integrity of our families. In response, the Town
of New Castle and its administrators continually harassed and retaliated against us in every way possible.
An example would be that on one occasion my assistant foreman John O’Hearn approached me and made a verbal statement, “Do yourself
a favor and drop the grievances and drop all the other stuff (meaning the lawsuit) because you are on thin ice with the Town.”
They have used us as examples of what will happen if you stand up for what is right, and as their method of intimidation to other employees.
I specifically know that men I was friends with were told to keep their distance from me if they knew what was good for them. This created an environment of fear of retaliation, fear of losing their jobs, fear of losing overtime, fear of further financial repercussions, etc.
Finally, and most disturbingly, is the fact that while I was out of work due to an on-the-job injury, they terminated my employment. Even worse, as a result of this injury, I’m not currently able to seek new employment. Most maliciously however, is the fact that from October 2006 through mid January 2007, they falsified my time sheets, using up my vacation time, personal time, sick time, and comp time. Thus, when they fired me, they wouldn’t have to immediately pay me for that time. There is a history in the Town of New Castle involving falsifying of time sheets, whether for personal gain as in the police department fraud case, or in the case of someone injured on the job.
The Town paid me while I was out on disability, and was reimbursed by Workman’s Compensation. Given that Workman’s Comp income is not taxable, the Town had the responsibility to amend the employee’s W2 form, indicating the correct amount of taxable income. This also did not happen, thus resulting in fraudulent tax records. To summarize, the Attorney General’s office filed a suit against a current police officer, and a retired police officer, but the Town took no disciplinary action. The police officer is currently still on the job, at the same level, with the same responsibilities. An individual (Mike Molnar) physically attacked the foreman of the DPW; no disciplinary action was
taken. This same individual tried to run over another supervisor, as well as another employee, in the DPW; again, no disciplinary action was taken.
Six individuals complained about a hostile work environment caused by this same individual; once again, no disciplinary action was taken.
An individual spray-painted town trucks; but received no disciplinary action. These actions as well as others are all documented. This
is a small example of the discrimination and retaliation that exists. I, however, was written up, suspended for a month without pay, and ultimately fired, for what were essentially bogus and false charges of “insubordination” that “coincidentally” started after my lawsuit Notice of Claim was filed.
Jeffrey S. Chiara, Carmel
In Loving Recognition
Of Memorial Day
And All That Our
We May Be Free
The inscription on this Memorial Declaration Plaque was from a letter written by Cpl. Frank Gambino, U.S. Marine Corps, 3Bn-COL-23 Regt. 4th Division, on the Battle of Saipan, June 15, 1944 where he describes the Battle - The Marines - Their Beliefs and the loss of his Squad Leader, Cpl. Joseph G. Romano.
Cpl. Frank Gambino’s life ended on February 23, 1944 where he was awarded the Silver Star. A copy of the letter is in the Church and Memorial Services have been held monthly.
“These are our dead and we, their comrades, are the living. Our task is to continue the struggle for which they gave their lives. They shall not have died in vain. Make us worthy of their memory.”
U.S. Marine Corps. Memorial
Mt. Carmel RC Church
70 Park Hill Avenue
Yonkers, New York
The Court Report
By Richard Blassberg
Dr. Sherry Bobrowsky Returns
To Federal Court
United States District Court, White Plains
Magistrate Judge Lisa Margaret Smith Presiding
Last Tuesday morning, May 12, Dr. Sherry Bobrowsky, a podiatric surgeon whose medical practice was brought to an abrupt halt by a severe auto accident from which she is left with bouts of intolerable pain and the need to often wear a corrective collar, appeared in United States District Court, White Plains, before Magistrate Judge Lisa Margaret Smith. Bobrowsky, the Plaintiff, appearing pro se, had hauled the City of Yonkers represented by Assistant Corporate Counsel Neal E. Kumar, Judicial Title Company, represented by Attorney Angelo Delli Carpini, and Attorney Herbert N. Posner, not admitted to Federal Court, acting pro se, into Smith’s Court.
Judge Smith opened the session declaring, “Judge Robinson referred this case to this Court for either motion, trial, or settlement. There’s been
a Motion to Dismiss by the City of Yonkers; another Motion to Dismiss by Judicial; and the request by Mr. Posner for permission to make a Motion to Dismiss.”
Posner told the Court, “The complaint rambles; there is a complaint in State Court.” He went on to briefly review his role and representation
with respect to Lillian and Jacques Bobrowsky, the doctor’s mother and brother, respectively, currently residing in Florida, telling
the Judge that although they had discharged him, he still had an obligation to keep their address confidential.
Bobrowky began by telling Judge Smith, “The City of Yonkers has refused to send me my tax bills. This is my home that I was removed
from. This is a travesty of justice to not even get a copy of my tax bill.” She went on to tell Smith, “Mr. Posner’s notary license was revoked
for mortgage fraud. He was disbarred for fraud in 1987. The case in State Court is finished, because Mr. Posner failed to show up.”
Bobrowsky went on to inform the Court that the following day, last Wednesday, her house was scheduled to be sold by the City of Yonkers
at auction for back taxes, and that she desperately needed a stay of that tax sale. She began to lay out, in detail, the manner by which Attorney Posner, in concert with the Yonkers Police Department, the Tax Assessor’s Office, and Yonkers Corporate Counsel had conspired
over a three-year period to put her out of her home on Fanshaw Avenue, to isolate her from her mother and brother, and to cause her to be
vulnerable to loss of her rightfully-owned house.
Judge Smith, who at points seemed somewhat impatient with yet another pro se litigant, and, at the same time, appeared quite empathetic
to her plight, broke into an ‘echo’ of, “I do not have the power. I do not have the power. I do not have the power.” She went further, “You’ve made an application to Judge Robinson.”
Posner now said, “Alot of things have been said about me.” He went on to discuss his relationship with Dr. Bobrowsky’s mother and brother, and the obligation he believed he had to each of them to keep their address in Florida secret.
Of course, having been involved in the coverage of Dr. Bobrowsky’s struggles with the City of Yonkers as well as with Attorney Posner for a few years, and having been at various city, state, and federal courts in the presence of her mother Lillian and brother Jacques, accompanied by
Posner on numerous occasions, this reporter believes their personal vulnerability and their manipulation as portrayed by Plaintiff Bobrowsky to the Court, to be quite accurate and on-the-mark as opposed to the benevolent spin offered by Posner.
Magistrate Judge Smith, attempting to keep the proceedings on course and consistent with her assignment from District Court Judge Stephen C. Robinson, told the parties, “The question is, what motions I should permit.”
Dr. Bobrowsky, under the imminent threat of wrongfully losing her home in a tax lien sale the next day, the home that was declared rightfully hers in State Supreme Court by Judge Richard Liebowitz many months earlier, now launched a counter-attack against the portrayal laid out by Attorney Posner.
She informed the Court of a “pattern of interference” in the conduct of her life, not only involving receipt of her mail, and continuation of her
disability insurance payments but, more importantly, her relationship with her mother and brother.
She spoke of the actions taken by the New York State Department of State in revoking the notary license of Attorney Posner for fraudulent
acts in connection with her home and property. She repeated a quote from Westchester County Clerk Tim Idoni about that County agency’s
dependence upon the honesty of filers of documents, intending to show the Court how little protection she, and others similarly situated, have from those who would fraudulently seize, or financially encumber, their homes and other property.
The doctor’s presentation was sufficiently effective that it motivated Assistant Corporate Counsel Kumar to offer to remove her home
from the tax sale. Again, Magistrate Smith was compelled to bring the proceedings back on course, back within the limited scope of her jurisdiction and assignment in the matter, despite the anguish and urgency being justifiably felt by Plaintiff Bobrowsky, and the emotional thread that ran through an otherwise well-stated pro se presentation. Smith declared, “I’m not the fact-finder. You’ve gotten the
immediate remedy that you wanted from the City of Yonkers.”
The Judge then set up a series of deadlines for receipt of motions and responses from the parties between mid-June and early August, with a
next conference scheduled before her to occur on October 2.
Catherine Wilson, Bureau Chief
The Coming Food Crisis:
Robbing Peter To Pay Paul
If you feel lately that your wallet is hurting at the supermarket, you’re not alone. According to the United States Department of Agriculture
(USDA), food prices in the United States rose 4% in 2007, compared with an average 2.5%, per year, for the previous 15 years. The USDA expected increases in 2008 to be far greater. The Consumer Price Index (CPI), issued in April 2008 showed expected increases in food prices for last year were another 4.8%.
The dramatic increases in food prices, globally, are creating food shortages and causing riots worldwide. The Guardian investigated what is behind this mounting crisis. The reasons for these increases go far beyond global warming, changing weather patterns, and energy costs.
For the past 25 years, the United States Department of Agriculture encouraged conservation by farmers to limit production of certain crops to stabilize food prices. Under the Conservation Reserve Program, farmers could earn more by not planting certain crops, and the government
could keep the prices of those crops stable.
However, in recent years, the snack food and energy industries have been upsetting this delicate balance. A coalition of ethanol, baking, snack foods and other industry groups are now offering incentives to farmers to grow the desired crops for their industries. Crops such as soybeans, wheat, and corn are now in big demand for uses other than for domestic food consumption. These new markets have pushed up prices.
The USDA incentives cannot compete with the industry payments, overriding the federal government’s long-standing methods of controlling the costs of our nation’s food supply. In addition, the demand for corn, specifically, in recent years to produce ethanol has swayed farmers away from other staples, such as wheat and soybeans. Thus, the rising costs of these staple crops are having a domino effect across the farm
industry itself as higher soybean prices mean higher feed costs for farm animals. The demand for ethanol has increased the cost of corn, ironically increasing the cost of energy for the production and transportation of crops. And, the high wheat costs are affecting our local bakeries and even our pizza shops.
Michael DiNardo, owner of Silvio’s restaurant in Thornwood, told The Guardian that his food costs have increased an average of 50% in the last year alone. “That’s an average increase”, DiNardo stressed. “Some items, such as dairy and fowl, have increased by as much as 200% over last year’s prices. Our tomato distributors have already warned me to expect another increase, and our wheat distributors are warning me of continuing shortages come summer. at’s my livelihood – we can’t make pizza without flour,” DiNardo added.
Rising costs of ingredients are nothing new to the restaurant industry. DiNardo noted that he has usually been able to absorb temporary increases before. “Usually prices increase for a period, like the summer, but then come back down. We try to absorb a temporary increase where we can, but
this is looking like it’s here for the long-term.”
With a long-term problem, the increase cannot be absorbed by restaurants and have to be passed along to consumers. “I’ve already had to raise my prices and I did a major price increase a while ago,” DiNardo said. “When I raised my prices, I was very upset. I live in the community and I
see my customers every day.” The rising costs have also placed greater emphasis on items that were once an after-thought. “Mozzarella used to be the most expensive item I purchased,” DiNardo noted. “But wheat is almost as expensive. It used to only increase a penny or two at a time. But it’s been competing with mozzarella as the most expensive ingredient”.
Local supermarkets are also feeling the pinch of rising prices. Stew Leonard, Jr., President of Stew Leonard’s Supermarkets, spoke to The Guardian about how they are dealing with this issue. “We buy from local farmers so we speak to them on a constant basis. Our dairy farmer has over 3,000 cows on his farm. The cost to heat his barn for those cows has doubled. It now costs him more a day to feed a cow. Since we deal with small local farmers, if they tell me they have to increase their price to me, I don’t want to say no because that could but them out of business. But if we raise prices, sales drop. So we try to wait as long as we can while still being fair to our farmers. The idea for us is to respect our suppliers and to get the best quality for our customers. But our farmers can’t do that if they’re hurting financially. So we work with them to find solutions.”
Farm costs are not the only increases affecting our local supermarkets. Energy costs are taking a toll as well. According to Stew Leonard, rising energy costs are impacting the transportation of the products he is purchasing. It is also affecting non-farm products. Leonard told us, “I spoke to
our fishing boat and he told me that it cost him $500 to fill up his tank 3½ years ago, and that last year it cost him $1,000 to fill the same tank to go out”. Leonard’s solution is to work directly with his farmers, fishermen, and suppliers.
“We try to work with our suppliers and give everybody the best bang for their buck. In an economy like the one we have, you have to keep your prices sharp”. Leonard notes that not every item on their shelves is affected by the food shortages and energy costs. Some items are actually doing
well. Last year the high Euro made wines more expensive, but other countries, including the United States, looked at this as an opportunity to gain market share.
So they lowered their prices to compete. We saw the same trend with cheese. Plus, as food costs increased, and going out to dinner became more expensive, coupled with weak economy, people ate at home more. So supermarket sales actually increased. Leonard’s began getting more requests for recipes while seeing an increase in wine sales.
The rising cost of food is not only affecting our local restaurants and supermarkets, but it is also placing hundreds of thousands of county residents at risk. Christina Rohatynskyj, the Executive Director of Food Patch, told The Guardian that they were seeing the impact of rising food costs first-hand last year. “We purchased a lot of food for distribution, and we saw the changes in costs. Plus, many of our food pantries, and soup kitchens, and other organizations, were telling us that they were seeing more people come in for help. They told us if they had more resources, they could give out more food because the demand is there. As our economy grows worse, there are going to be more people who will need help to stretch their
The number of county residents who are already hungry or at risk of being hungry is dramatic. Rohatynskyj estimates that “there are approximately 200,000 people in this county who are hungry or at risk of being hungry – that’s one out of every five residents! According
to the 2006 Census, the median income in Westchester County was about $71,800.
That means about 450,000 people, or half of our total population, fall below this income level. An average family of four or five cannot live in Westchester County on an income of $71,800, let alone less than that”. The statistics of who the hungry in our midst are is equally dramatic. “Thirty-six percent of those who are hungry in Westchester County are children under the age of 18” Rohatynskyj noted. “Almost 30% of our residents over the age of 50 fall into this risk area, along with 15% of our seniors over 65. Over 83% of the individuals who come to us for help are United States citizens and only 5% are homeless. Most of the individuals we serve, about 50%, are the working poor. They have a job, but cannot afford to feed their families. For many people in our area, they have to choose every day between paying rent, prescriptions or buying food”.
According to the United Nations Food and Agriculture Organization, increasing food prices, coupled with food shortages, are placing a strain on already impoverished nations around the world. The President of the World Bank, Robert Zoellick, announced in mid-April 2008 that 33 nations were already at risk of social unrest because of the rising prices of food. In the United States, most households spent less than 16% of their budget on food. But in developing nations, that number was closer to 50% or even 75% (Nigeria) of their income. The World Bank has noted that the doubling of food prices in the past three years could push more than 100 million people into poverty. The United Nations attributes this increase to poor weather for crops in many countries, increased demand by growing populations, and a substitution of growing crops for food staples for the production of alternative fuels instead. Riots over the shortages of food in several impoverished countries last year had already led to deaths leading
former President Bush to release $200 million in emergency aid.
The demand for alternative fuels led to the production of ethanol which siphoned away the corn production in our country and globally. Ironically, the solution for one of our nation’s problems has resulted in the creation of a greater problem in our midst. One short-term solution to the food crisis would be to increase production locally. Dr. Susan Rubin, founder of the Better School Food organization (pro-filed by The Guardian in 2007),
advocated a return to backyard gardens. “Not only will the food be healthier, but gardening has therapeutic values – it helps relieve stress. Plus, it is a better environmental use of our land than drowning it in pesticides to keep our lawns weed-free,” Dr. Rubin notes.Westchester County Government even offered several workshops in April and May last year at the Hilltop Hanover Farm in Yorktown Heights to assist local residents in composting a backyard organic farm and other topics.
In the meantime, middle class residents, however, are still faced with paying for their weekly grocery shopping bills. Even limiting purchases to mere food basics, without adding cleaning supplies or toiletries or snacks, can mean a minimum weekly bill of around $150 or more for a family
of four. Now that soda is cheaper than milk, local families are already making unhealthy choices to keep their food costs down.
The immediate impact of rising food costs was already evident last year with food riots and sticker shock at our supermarkets. But the long-term impact could be even greater. The threat to our health and our national security has yet to be acknowledged.
Exposing The Death Penalty, Part 2
In my effort to raise awareness about the problem of wrongful convictions, as well as seeking legislative changes to make the criminal justice system more accurate, I have always included abolishing the death penalty amongst the reforms I advocate. My reasoning is simple: any system of justice that results in wrongful convictions will, if it has a death penalty as a sentencing option, inevitably execute innocent people. This past March 17 New Mexico legislatively abolished the death penalty citing, amongst other issues, that very real possibility. In this three-part series I will review likely wrongful executions, near-misses, ongoing cases of potential wrongful execution, systemic deficiencies, along with one case example wherein innocent people were wrongly convicted and sentenced to death before being cleared. And then, I will look at modern-day recognition that the death penalty risks the execution of innocent people.
Ongoing Cases Of Potential Wrongful Execution
There are several ongoing cases in which manifestly innocent defendants are locked up, fighting to establish their innocence, and hence regain their freedom and avoid being executed: Larry Swearingen and Troy Davis, whose case has been previously written about in The Guardian.
Larry Swearingen was convicted of murder in 2000 and sentenced to death. The Innocence Project has summed up his case in the following way: Swearingen was convicted largely based upon a second leg of torn panty hose that prosecutors said matched the half used to strangle the victim. The hose mysteriously surfaced at Swearingen’s trailer after it had been thoroughly searched twice by deputies.
Although Swearingen had maintained his innocence from the start, he didn’t help his defense. Early on, from jail, he concocted a ridiculous confession letter in Spanish, supposedly from the real killer. Swearingen’s Spanish was unintelligible. During the trial in 2000, he was caught lying on the witness stand about other things. The jury quickly convicted him and sentenced him to death despite DNA testing showing that blood found under the victims fingernails and a pubic hair found in a vaginal swab did not match him.
But since then Swearingen and his appellate attorneys have discovered glaring inaccuracies in the forensic evidence presented to the jury. From the beginning, prosecutors had based their case on the theory that the victim had been killed and dumped in the forest on the same day
she went missing, Dec. 8. That theory was supported by the testimony of a medical examiner who stated that the body could have been decomposing for a month.
Her testimony was vital to Swearingen’s conviction because he was arrested and jailed for traffic warrants just three days after the victim disappeared. The medical examiner has since changed her testimony in light of new examinations, saying it was not possible for the victim to have been killed and left in the forest any longer than two weeks before her body was discovered.
This would mean Swearingen was incarcerated at the time the crime occurred. In addition, according to The Texas Monthly, five different
physicians and scientists—forensic pathologists and entomologists— say there’s almost no way Swearingen could have done it. Dr. Glenn Larkin, a retired forensic pathologist in Charlotte, North Carolina, said, as reported by The Dallas Morning News: “As a forensic scientist
since 1973, I always kept an objective stance when called to testify; however, there comes a point when as a human, and as a Christian, there is a mandate to speak in the interest of justice. This is a moral issue now; no rational and intellectually honest person can look at the evidence and conclude Larry Swearingen is guilty of this horrible crime.” Besides that, there are efforts to get even further scientific evidence which could further prove his innocence: further DNA testing.
The Innocence Project is seeking to get additional DNA testing in his case on the panty hose, the victims clothing, and more blood scrapings.”
The Dallas Morning News reported that “despite the DNA not matching him, and the other evidence showing that he was in jail at the time that the crime happened, and despite trying to get even further DNA testing, Swearingen came within 1 day of execution before a federal appeals court granted him a last second stay of execution on Jan. 26, 2009, with one day to go before execution, so that his innocence issue may be looked at.”
According to Wikipedia, Davis was convicted and sentenced to death in 1991 for the August 19, 1989 murder of off-duty Savannah police
officer Mark MacPhail solely on the basis of now discredited eyewitness testimony. No physical evidence linked him to the murder, and the weapon used in the crime was never found. Throughout the trial and subsequent appeals, Davis steadfastly maintained his innocence, claiming he was wrongfully convicted of the murder, and has been wrongfully imprisoned for the past 20 years. Nine eyewitnesses recantations from all but two of the prosecution eyewitnesses, the testimony of another previously undiscovered eyewitness and others with information bearing on the crime—all strong evidence suggesting Davis was not the gunman and is, in fact, innocent of the crimes for which he was sentenced to death.
All the witnesses stated in their affidavits that their earlier statements implicating him had been coerced by strong arm police tactics. Davis argued that since seven of the nine eyewitnesses recanted their testimony and voluntarily filed sworn affidavits stating they lied in the original trial, he is entitled to a retrial based on his actual innocence claim. In addition, five other witnesses have come forward to say that an alternative suspect confessed. Innocence Project co-founder Barry Scheck had this to say about the case, in a letter published in The
Huffington Post: “Seven of the nine key witnesses who testified against Davis now recant their trial testimony, claiming they were coerced to lie by Savannah police.”
The reliability of those witnesses was characterized by Amnesty International as “containing inconsistencies even at the time of the trial”. Scheck continues in his letter, “Despite the seriousness of these allegations and the sheer number of recantations, Georgia courts and state
officials have not only been unwilling to stay his execution, but they have even refused to hold a hearing with live, sworn testimony to assess the credibility of the recanting witnesses. What most people don’t know is why Davis can’t get a full hearing on the new evidence and just
how ridiculously far four judges of the Georgia Supreme Court have gone; there were three dissenters; to avoid reviewing post-conviction evidence of innocence.
The recantation of a witness alone does not and should not automatically result in a conviction being vacated. Recantation evidence is treated with caution by courts because, after all, the witness is saying he or she once lied under oath, so how can one be so sure they are not just
Nonetheless, many wrongful convictions have been overturned because a recanting witness, testifying in person and under oath before a judge, is found to be credible and the reason for the recantation, often a claim that the original trial testimony was coerced is found to be persuasive. But in Georgia the recanting witnesses don’t get to testify because the state’s courts have created an extraordinary Catch-22 rule, the ‘purest fabrication’
doctrine, that arbitrarily denies evidentiary hearings even when extremely persuasive recantation affidavits have been submitted. The ‘purest fabrication’ doctrine means that post-conviction hearings don’t have to be held to evaluate the credibility of recanting witnesses unless the defendant can show, by extrinsic proof before the hearing is held, that the original testimony was absolutely false.”
Many prominent people and groups recognize the injustice involved in Davis’ case. Amnesty International has strongly condemned the refusal of U.S. courts to examine the innocence evidence, and has organized rallies and letter-writing campaigns to persuade the Georgia and Federal courts to grant Davis a new trial or an evidentiary hearing. Many prominent politicians and leaders, according to Wikipedia, including: former President
Jimmy Carter, Pope Benedict XVI, Nobel Laureate Archbishop Desmond Tutu, former Presidential candidate Bob Barr, and former FBI Director and Judge William Sessions have expressed their shock at Georgia authorities’ plan to execute Davis without a proper, judicial examination of the innocence evidence, and have called upon the courts to grant Davis a new trial or evidentiary hearing.
Only a last-minute emergency stay, issued by the United States Supreme Court less than two hours before he was scheduled to be put to death, prevented his execution. Modern Day Recognition There is a general recognition that the death penalty risks executing innocent, but wrongfully convicted, defendants. As mentioned above, out of the 235 DNA proven wrongful convictions, 17 of them had been sentenced to death. According to the Death Penalty Information Center database, the total number of people who have been cleared from death row, whether by DNA or
non-DNA means, is 130. The criteria that they used is that they must have been convicted and sentenced to death, and subsequently either their conviction was overturned and 1) they were acquitted at re-trial, or 2) all charges were dropped, or 3) they were given an absolute pardon by the governor based on new evidence of innocence.
In addition to the general systemic deficiencies having the ability to lead to a wrongful conviction and execution, there is also, within the death penalty system itself, a mechanism which makes a wrongful conviction and execution likely: the process of death qualifying a jury. The article Pretend Justice: Defense Representation In Tennessee Death Penalty Cases states that death qualification of jurors is “a process that essentially erodes the defendant’s opportunity for a fair trial by an unbiased trier of fact. Required in death penalty cases, unlike other criminal cases, this process results in a jury whose members are notoriously prosecution prone, that is, jurors who are receptive to prosecutors and their witnesses, and biased against defendants, defense counsel, and their witnesses, not only on the issue of life or death, but also on the issue of guilt or innocence.”
The imposition of the death penalty adds the following obstacles to a wrongfully convicted defendant seeking to establish his or her innocence: 1) It puts a defendant, who typically has scant financial resources, in a time pressure situation to hurry up and uncover evidence of innocence; 2) It limits the amount of time in which innocence can be proven by circumstances outside of conscious efforts made either by the defendant or
his attorney, such as eyewitness’s coming forward to say that they misidentified him; a real perpetrator confessing; and evidence of innocence coming forward as a result of governmental agencies and/or law enforcement investigating other cases.
One example of this phenomenon, Jeffrey Scott Hornoff was a police officer in Rhode Island who had been wrongfully convicted of murdering a woman that he had an affair with. The actual perpetrator, Todd Barry, as a result of his conscience bothering him, came forward and confessed to his guilt and Hornoff’s innocence. Another example involved that of chemist Fred Zain. According to The Los Angeles Times, it was discovered
that Zain was in the habit of committing perjury, faking lab test results, and evidence tampering. As result of discovering Zain’s actions, in West Virginia one man was freed and three others received new trials. Sixty seven other cases are under review in West Virginia. Hundreds of cases that he worked on in Texas are also under review.
The author of the book “Capital Punishment: A Balanced Examination”, Evan Mandery, speaks about the increased impact of being wrongfully
convicted in a capital case as opposed to a non-capital case: “The death penalty affects the plight of the innocent-convicted in three ways: 1) it shortens the amount of time during which a mistake can be discovered and corrected 2) in instances where mistakes are caught after execution, the mistakes cannot be corrected in any meaningful way and 3) in instances where mistakes are not corrected, the innocent are killed rather than spend the remainder of their lives on death row.” As long as a person is alive, the chance, as mentioned above, is that a miracle could occur and innocence
could be proven. Once the person is executed, the defendant can no longer seek help to clear his name, and attorney’s only rarely continue to work
on the case.
The Innocence Project has made the following public statements about the danger that the death penalty poses by creating the possibility of executing innocent people: “Our work has proven that innocent people are convicted of crimes they did not commit, and these exonerations illustrate the causes of wrongful convictions that must be remedied. These DNA exonerations are a window into the criminal justice system’s flaws: While DNA testing is an option in just a fraction of all criminal cases, the factors proven to cause wrongful convictions exist regardless of whether the case involves DNA.
Specific to the death penalty, our work has shown that innocent people are sentenced to die. Of the 223 people exonerated through post-conviction DNA testing, more than 25% were convicted of murder. Seventeen were sentenced to die; others were charged with capital murder
but narrowly escaped the death penalty, and still others would likely have been charged with capital crimes if the death penalty had been in place at the time of their trials.
We have also worked on cases of people who were executed before DNA testing could be conducted to confirm guilt or prove innocence, and we are aware of several non-DNA cases where evidence of innocence surfaced after people were executed.”
In recognition of the danger that the death penalty poses to executing innocent people, the governors of Illinois, New Jersey, and New Mexico have all taken steps. After pardoning 4 people who were on death row on the grounds of innocence, Gov. Ryan proceeded to commute the death sentences of all of the death row inmates. In explaining his decision, Gov. Ryan made repeated references to the possibility of executing innocent
people. [Excerpt taken from the website Salon.com].
“Soon after taking office, I watched in surprise and amazement as the freed death row inmate Anthony Porter was released from jail. Anthony Porter was 48 hours away from being wheeled into the execution chamber where the state would kill him. It would be so antiseptic that most of us wouldn’t have even paused for a second, except that Anthony Porter was innocent. He was innocent for the double murder for which he had been condemned by the State of Illinois to die.
Over the next few months three more exonerated men were freed because their sentences hinged on a jailhouse informant or some new DNA technology proved beyond a shadow of a doubt that they were innocent. We then had the dubious distinction of exonerating more men than we
had executed. Thirteen men found innocent, 12 executed.
As I reported yesterday, there is not a doubt in my mind that the number of innocent men freed from our death row stands at 17, with the pardons of Aaron Patterson, Madison Hobley, Stanley Howard and Leroy Orange. That is an absolute embarrassment. Seventeen exonerated death row inmates is nothing short of a catastrophic failure. But the 13, now 17, men is just the beginning of our sad arithmetic in prosecuting murder cases. During the time we have had capital punishment in Illinois, there were at least 33 other people wrongly convicted on murder charges and exonerated. … Our capital system is haunted by the demon of error, error in determining guilt… To say it plainly one more time -- the Illinois capital punishment system is broken. It has taken innocent men to a hair’s-breadth escape from their unjust execution.”