Our Readers Respond...
Editor’s Note: The following letter from the Executive Director of Child Find of America is in answer to a letter
from reader Ann Coleman in our October 25th edition.
Director of Child Find Disputes Reader’s Assertion
Dear Editor:
A letter that appeared in last week’s Westchester Guardian implied that Child Find of America’s Parent Help program ignores domestic violence issues. Nothing could be further from the truth. It is important for your readers to know that the Parent Help program is deeply concerned about a violence survivor’s rights and safety. In fact, the services at Parent Help work in many ways to problem solve many of the challenges facing moms and dads living apart. However, Parent Help case workers have a diligent eye on safety at all times and have undergone extensive training to identify when our caller is either a domestic abuser or a victim of domestic abuse.
Our domestic violence training and consultancy is provided by Battered Women’s Services in Dutchess County, one of the state’s foremost domestic violence service providers. Parent Help contracts with Battered Women’s Services, to provide 24-hour, free and confidential assistance to our callers, as well as providing their case conferencing expertise in collaboration with the Parent Help program.
While we have mediators and social workers on staff, Parent Help DOES NOT directly or indirectly increase the
level of danger to an adult or child - or violate a protective order. Mediation, encouraging contact, and passing messages between parties is not a service we offer when domestic violence presents in a situation. We do, however, provide victims of domestic abuse the opportunity to reach out to Battered Women’s Services for help, if they choose to do so.
For more than 25 years Child Find of America has been protecting children, preventing and resolving parental child abduction, and locating missing, runaway and kidnapped children. All of our efforts are to keep kids and families safe.
Donna Linder, Executive Director
Peekskill Parent Takes Community Services Director To Task
Dear Editor:
I read this statement to the Mayor, and the Peekskill Common Council, and nothing transpired. Right now with
all of the young adults shooting at each other it is a time for our community to come together and get them more time in our recreation programs rather than taking what time they have and giving it to a MEN’S SEMI-PRO FOR-PROFIT BASKETBALL TEAM, even if it is only 2 days a week for 3 or 4 hours.
I, as a member of this community, am appalled at the idea that a SEMI PROFESSIONAL FOR PROFIT MEN’S BASKETBALL TEAM (Westchester Phantoms) is allowed to oust our children out of their recreation
schedule. Our children do not have other options for recreation, as do these grown men. For Daisy Brandt (aka Elton Brandt’s mother) to come back into our community and demand that we give the Westchester Phantoms the prime time hours of our children’s recreation to a semi-professional for profit men’s basketball team (which by the way, she owns) is outrageous. Even more outrageous is the fact that Francis X.
Brunelle (FRAN) approved it. Ms. Brandt raised Elton Brandt here. She knows the struggle that we have
gone through to get and keep what little recreation our children have. The recreation staff at the KILEY
YOUTH CENTER that makes the schedule for the season was quite willing to work with her team and
allow them to come in at the times that our children didn’t have scheduled programs. Fran still insisted on giving our prime time spot between 8:00 and 10:00pm, which is the exact time that we are trying to keep our children off the streets. In this day and time of gangs and street violence we are doing our best as a community to keep our children occupied with recreational programs so they won‘t be “just” hanging in the streets! Staff tried to compromise, and protect most of our children’s scheduled activities, and told him she could even possibly have the KILEY YOUTH CENTER from 9:30 until 11:00pm or possibly 12:00 midnight (in which a staff member would volunteer his time).
What is so disturbing to me is that the Kiley Youth Center had four traveling basketball teams that played throughout the county and were forced to stop this program. This was keeping our children off the
street and at the same time teaching them various skills like learning to work together as a team, building
self-esteem, sportsmanship, obedience and giving them the physical fitness that children need. The center
was informed by the Department of Community Services, (where Francis X. Brunelle is the director) which runs the Dept of Parks & Recreation, that they would no longer pay for, sponsor, insure, or allow any traveling basketball teams to be run out of KILEY YOUTH CENTER, under the budget of the Dept of Parks & Recreation. The staff was told that the Peekskill Housing Authority owned the building and they would have to take it up with Mr. Thankachan, the director of Peekskill Housing Authority.
They were then informed under the directions of Fran that they could not even play basketball there because of insurance reasons. So the children started selling candy and other snacks (with the help of The Friends of KILEY) to raise insurance money so that they would be allowed to play basketball in their gym. CAN SOMEONE TELL ME WHY THIS SEMI PROFESSIONAL FOR PROFIT MEN’S BASKETBALL
TEAM IS ALLOWED to practice in the KILEY YOUTH CENTER, taking away our children’s prime time recreational hours and utilizing the advantages of the money they raised on their own for the insurance. WHY IS HE TREATING OUR CHILDREN LIKE SECOND CLASS CITIZENS AGAIN?
WHERE AND WHAT ARE OUR CHILDREN TO DO DURING THIS PRIME TIME SPOT? WHY
IS FRAN ALLOWING THIS MEN’S FOR PROFIT BASKETBALL TEAM PERMISSION TO USE THE KILEY YOUTH CENTER? WHO’S MAKING THE DECISIONS ABOUT THE RECREATIONAL NEEDSOF OUR CHILDREN, THE DEPT. OF RECREATION UNDER THE DIRECTION OF FRANCIS X. BRUNELLE, THE MAYOR JOHN TESTA, TAXPAYERS, OR SEMIPROFESSIONAL FOR PROFIT
MEN’S BASKETBALL TEAM (owned by Daisy Brandt)?
As a community we have tried over and over to acquire the benefits that most communities are afforded
through city programs that are paid by taxpayers. Time and time again we ask Fran for little and still get less.
When faced with obstacles concerning our children’s recreational needs, we are trying to teach our children
that if you have a plan and can’t get help from those who should give it you need to help yourself to accomplish
whatever it is that you need. THE IRONY OF THIS SITUATION IS THAT THEY KEEP SLAPPING
OUR CHILDREN IN THE FACE, TREATING OUR CHILDREN LIKE SECOND CLASS CITIZENS.
IN SPITE OF THESE OBSTACLES, OUR CHILDREN KEEP PUSHING FORWARD. JUST WANTING TO KNOW, ONCE AGAIN, WHO’S MAKING THESE DECISIONS? WHO ARE THE
WESTCHESTER PHANTOMS? WHY IS FRAN ALLOWING THEM ACCESS TO OUR COMMUNITY YOUTH CENTER, TAKING AWAY FROM OUR CHILDREN’S RECREATIONAL NEEDS?
WHAT IS THE MESSAGE THEY ARE SENDING TO OUR CHILDREN? AGAIN, WHO’S MAKING
THESE DECISIONS?
Denise Davis, Peekskill
Another Vicki Mayfield Fan
Dear Editor:
Unlike someone who recently wrote you, I enjoy Vicki Mayfield’s columns. The vignettes and reminiscences
are interesting and sometimes emotion-provoking. Mayfield’s columns took a while getting used to. Rather than viewing each entire column as a unified essay, one must expect a series of vignettes and observations, rambling
across, and jumping between, several decades and places. The topic a column begins with does not indicate
the topic it will end with. The title does not indicate what most of the column will be about. The editors could help by assigning a title that listed more of the column’s top-ics (e.g. “Of A, B, and C”) Mayfield’s column-writing style isn’t for everybody all the time. But in the setting it’s in, it’s fine.
Jeanette Wolfberg, Mt. Kisco
Supervisor Feiner and Chief Kapica Go Trick-or-Treating
Dear Editor:
This Halloween evening I spent some of my time driving around town with Police Chief Kapica. We’ve been patrolling the streets of Greenburgh for 16 years on Halloween night - monitoring the police calls (there were over 60 calls to the police department) and checking up on problem areas.
The town assigned 31 police, 6 auxiliary officers to patrol unincorporated Greenburgh on Halloween. Eleven officers were on overtime. The approximate overtime cost: $4,000. It was a busy evening. The good news: no significant reports of property damage as of 11:30 PM. We did experience some incidents of Halloween pranks/mischief. I stopped by and spoke to a couple who experienced the typical shaving cream/egg problems some people expect on Halloween. The police caught some students who were involved in the incident and required them to clean up the mess they caused.
Good, Solomon-like punishment! There were some fights among students. The police put a stop to the fighting. A few students were taken into police headquarters. Although it was a busy night, Halloween, 2007 was mild compared to 16 or 17 years ago when cars were vandalized and when there was significant property damage. I feel that providing the police with the funding they require to adequately patrol the town is money well spent.
Paul Feiner,
Greenburgh Town Supervisor
In Our Opinion ...
In The Matter Of Government/Media Incest
Westchester is a place where, for many years, it has often been difficult to clearly distinguish any bold line, any clear separation between County Government and certain members of the media. Clearly, during the twelve-year tenure of former DA Jeanine Pirro, the fact that the President/Publisher of The Journal News was Gary Sherlock, a business partner of Al Pirro, had a decisive impact on precisely which news stories, even remotely
connected either to the DA’s Office, or any of a million issues involving the “Power Couple”, ever made it into print.
There was a blanket of protection, one that even extended to others, tightly connected to the DA as well, state senators, county executives, police chiefs, etc. And, even when a story had to be acknowledged because it was receiving inescapably strong regional media play, there was always the issue of placement, and headlines that were manipulated to soften any damage. Consider Al’s federal trial in June, 2000, for ten years of massive joint tax fraud.
What did appear in Westchester’s only daily newspaper was completely void of transcript. And, it wasn’t as though there was any lack of sensational testimony. Of course, the incestuousness between Sherlock’s paper and the DA’s Office with regard to criminal prosecution included an all-too-willingness to participate in “trials in the press,” having strong reporting of convictions and scant coverage of acquittals. Not to mention headlines that injected a certain favorable spin. To some extent, twelve years of misguided conditioning has unfortunately outlived both Pirro’s and Sherlock’s tenure, and continues, albeit to a lesser extent, today. So much for the daily newspaper spin. On the broadcast side, We are fully aware that the Fairness Doctrine, the rule under which
ordinary FCC Licensed, broadcast networks, and stations, are compelled to give ‘equal time’ to competing political and/or, in some instances, commercial interests, does not apply to franchised cable networks such as Cablevision. Having said that, We, nevertheless, believe that NEWS12’s accommodation of Jeanine Pirro, both in her capacity as DA, as well as in her private life, was obnoxious and complicit. Who can forget her almost weekly Internet Stink, oops, Sting, public hangings? Who could forget her constant appearances, two, three, and four times a week, on whatever pretext?
However, as incestuous as NEWS12 might have been with Pirro, their relationship with, and commitment to, County Executive Andy Spano, front-man for Larry Schwartz, is far and away more intensely so; and, not without just cause. In March, 2000 the County Executive’s Office granted Lightpath, a wholely-owned subsidiary of Cablevision, a five–year $22.5 million, NO-BID contract to set up a communication system for the County. That system has been an abysmal failure. And one can only ask why Verizon, or a host of other
companies, were not given the opportunity to bid?
Apparently the incestuousness of the County’s relationship with Cablevision has reached a new level. As We discovered last week, now County-owned automobiles, and perhaps other vehicles, for all We know, are riding around advertising programming on Cablevision. How cozy, indeed! When was the last time anybody remembers NEWS12 seriously questioning or investigating any activity of the Westchester County Executive’s Office?
Thursday, November 8, 2007
The Advocate
Richard Blassberg
At Long Last, Reasonableness And Constitutionality In ADA!
Readers of this column know that one subject about which we have repeatedly displayed much passion, and expended considerable effort, is the need for state and federal legislation to combat prosecutorial misconduct, the single greatest contributor to wrongful convictions. And, so it was with great interest and expectation that I
attended the breakfast event at the Harvard Club in Manhattan last Monday morning, Oct. 29th, featuring the District Attorney of Dallas Texas, Craig Watkins. Sponsored by the Drum Major Institute, a progressive think tank, the title of the presentation was “Preventing Wrongful Convictions And Exonerating The Innocent.”
In addition to DA Watkins, there was a panel that included Barry Scheck, Co-Founder of The Innocence Project, State Senator Eric Schneiderman, advocate for reform legislation, and Westchester DA Janet DiFiore. Watkins, a good-looking mountain of a man, soft-spoken, with a gentle, unassuming demeanor, was, from the outset, strikingly different from what we have seen in district attorneys over more than forty years of involvement in criminal justice.
As a former Probation Officer for the County of Westchester, more than four decades ago, Watkins immediately caught my attention when he told the more than one hundred and twenty gathered in the room, that his office had put in place an “Open File Policy” allowing defense attorneys full access. That opening remark was especially meaningful to one who has been monitoring the Westchester Criminal Courts for many years reporting on case after case where exculpatory information, Brady material, has been consistently withheld in order to obtain wrongful convictions. In point of fact, the most frequently voiced objection by criminal defense attorneys in Westchester to the practices of the DA’s Office over the years has been the withholding of information.
Watkins said, “It’s unfortunate that DAs are elected.” He explained that the process tends to encourage the rhetoric, the “Tough On Crime” flawed ideology, that contributes to wrongful convictions and recidivism. He declared, “Just building prisons is not the answer. If you punish someone without rehabilitation you just make the problem worse.” He explained, “Not only do we have innocent individuals who are being convicted, but we have recidivism.”
Declaring “Tough On Crime policy is reactive,” Watkins spoke of the Conviction Integrity Unit that he established to review hundreds of convictions achieved by his predecessors in light of the increasing numbers of wrongful convictions that have been coming to light through DNA comparisons, and enlightened investigatory
techniques in recent years. Having already said that it was unfortunate that DAs are elected, he now suggested that term limits be placed on district attorneys to enhance the possibility of conviction reviews, pointing out that one would be more likely to scrutinize someone else’s wrongful conviction rather than their own.
Watkins, a Democrat, won election to the District Attorney’s Office in Dallas County, Texas, almost two years ago, a feat most thought impossible, given that he was Black, and the office had been controlled by Republicans for several decades.
He attributed his victory to the fact that Dallas had the highest crime rate in the nation, and sending more people to prison was not curing the problem. He told the audience, “I think my role is more than a prosecutor, but an advocate. What we are doing is larger than innocence. I believe we can rehabilitate the vast majority of offenders.” Barry Scheck, whose Innocence Project travels all over the country working to exonerate innocent, incarcerated individuals through the use of DNA technology, and has established branches in Texas, and other states, told the audience, “What is going on here is a phenomenon, nation-wide. These are ‘Smart On Crime’ issues.
We are on the eve of a criminal justice reform that rivals any judicial reform ever.” Watkins reinforced Scheck’s comments declaring, “It’s larger than innocence. What we need are DAs who can think larger than the norm.” State Senator Schneiderman, who, together with Assemblyman Joe Lentol, also present, and seated at my table, have been spearheading the effort in Albany to enact progressive legislation, spoke up about the need for an “Innocence Commission”, an independent body that would review all reasonable claims of wrongful conviction.
Scheck rejoined the discussion, referencing 208 DNA exonerations achieved by the Innocence Project to date, and asking, “The point is, what do we learn from all of this?” Then, noting those critics who have expressed their doubts that the problems of prosecutorial misconduct, poor eye-witnesses, false confessions and the like could be as pervasive as they are, Scheck declared, “DNA has changed everything because it’s such a hard and robust science.”
State Senator Bill Perkins of Manhattan, previously acknowledged by Schneiderman, rose from the audience to observe, “Eric doesn’t think there is much resistance to expansion of the DNA data base.” That comment was followed by a reminder that there are still problems with “rogue DNA labs” by Scheck, who explained
the difficulties created by former Governor Pataki who “rammed through legislation creating private DNA banks for the storage of elimination samples.”
Returning to the central theme of his presentation DA Watkins remarked, “In the majority of cases in which someone was wrongfully convicted there was an element of prosecutorial misconduct.” He went on, “I tell my assistant district attorneys, ‘This may be a bad guy, but we want to be sure that we’ve got the right guy.’ ”
Senator Schneiderman then volunteered, “Perhaps term limits are needed for DAs, because if it was your work, you might not be as willing to review.” Asked whether, in light of so many wrongful convictions, he was for, or against the Death Penalty, Watkins candidly admitted, “That’s hard to answer.” Then he quipped, “If you catch me coming out of court I might be for it. But if you get me coming out of church, I’m against it.”
On the subject of the relationship between his office and the police, an issue of particular interest in Westchester where the District Attorney’s Office has traditionally treated police reports as though they were the Synoptic Gospel, DA Watkins said, “We don’t rubber-stamp the police department. We are there to make sure they do it right. And, if what we get from the police is incomplete, we kick it back to them.”
Craig Watkins, District Attorney of Dallas County Texas has, in the nearly two years he’s been in office, not only instituted many much-needed changes in procedure, but has begun to make significant progress in serious crime reduction and recidivism, as well as uncovering numerous wrongful convictions. It is obvious that, unlike most DAs, neither his ego, nor his political ambition, has interfered with his fundamental belief in, and commitment to, Due Process, and the Constitutional rights of those with whom his office has contact. It is obvious, as well, that what distinguishes him from most other DAs is that he not only talks the talk, but walks the walk.
Richard Blassberg
At Long Last, Reasonableness And Constitutionality In ADA!
Readers of this column know that one subject about which we have repeatedly displayed much passion, and expended considerable effort, is the need for state and federal legislation to combat prosecutorial misconduct, the single greatest contributor to wrongful convictions. And, so it was with great interest and expectation that I
attended the breakfast event at the Harvard Club in Manhattan last Monday morning, Oct. 29th, featuring the District Attorney of Dallas Texas, Craig Watkins. Sponsored by the Drum Major Institute, a progressive think tank, the title of the presentation was “Preventing Wrongful Convictions And Exonerating The Innocent.”
In addition to DA Watkins, there was a panel that included Barry Scheck, Co-Founder of The Innocence Project, State Senator Eric Schneiderman, advocate for reform legislation, and Westchester DA Janet DiFiore. Watkins, a good-looking mountain of a man, soft-spoken, with a gentle, unassuming demeanor, was, from the outset, strikingly different from what we have seen in district attorneys over more than forty years of involvement in criminal justice.
As a former Probation Officer for the County of Westchester, more than four decades ago, Watkins immediately caught my attention when he told the more than one hundred and twenty gathered in the room, that his office had put in place an “Open File Policy” allowing defense attorneys full access. That opening remark was especially meaningful to one who has been monitoring the Westchester Criminal Courts for many years reporting on case after case where exculpatory information, Brady material, has been consistently withheld in order to obtain wrongful convictions. In point of fact, the most frequently voiced objection by criminal defense attorneys in Westchester to the practices of the DA’s Office over the years has been the withholding of information.
Watkins said, “It’s unfortunate that DAs are elected.” He explained that the process tends to encourage the rhetoric, the “Tough On Crime” flawed ideology, that contributes to wrongful convictions and recidivism. He declared, “Just building prisons is not the answer. If you punish someone without rehabilitation you just make the problem worse.” He explained, “Not only do we have innocent individuals who are being convicted, but we have recidivism.”
Declaring “Tough On Crime policy is reactive,” Watkins spoke of the Conviction Integrity Unit that he established to review hundreds of convictions achieved by his predecessors in light of the increasing numbers of wrongful convictions that have been coming to light through DNA comparisons, and enlightened investigatory
techniques in recent years. Having already said that it was unfortunate that DAs are elected, he now suggested that term limits be placed on district attorneys to enhance the possibility of conviction reviews, pointing out that one would be more likely to scrutinize someone else’s wrongful conviction rather than their own.
Watkins, a Democrat, won election to the District Attorney’s Office in Dallas County, Texas, almost two years ago, a feat most thought impossible, given that he was Black, and the office had been controlled by Republicans for several decades.
He attributed his victory to the fact that Dallas had the highest crime rate in the nation, and sending more people to prison was not curing the problem. He told the audience, “I think my role is more than a prosecutor, but an advocate. What we are doing is larger than innocence. I believe we can rehabilitate the vast majority of offenders.” Barry Scheck, whose Innocence Project travels all over the country working to exonerate innocent, incarcerated individuals through the use of DNA technology, and has established branches in Texas, and other states, told the audience, “What is going on here is a phenomenon, nation-wide. These are ‘Smart On Crime’ issues.
We are on the eve of a criminal justice reform that rivals any judicial reform ever.” Watkins reinforced Scheck’s comments declaring, “It’s larger than innocence. What we need are DAs who can think larger than the norm.” State Senator Schneiderman, who, together with Assemblyman Joe Lentol, also present, and seated at my table, have been spearheading the effort in Albany to enact progressive legislation, spoke up about the need for an “Innocence Commission”, an independent body that would review all reasonable claims of wrongful conviction.
Scheck rejoined the discussion, referencing 208 DNA exonerations achieved by the Innocence Project to date, and asking, “The point is, what do we learn from all of this?” Then, noting those critics who have expressed their doubts that the problems of prosecutorial misconduct, poor eye-witnesses, false confessions and the like could be as pervasive as they are, Scheck declared, “DNA has changed everything because it’s such a hard and robust science.”
State Senator Bill Perkins of Manhattan, previously acknowledged by Schneiderman, rose from the audience to observe, “Eric doesn’t think there is much resistance to expansion of the DNA data base.” That comment was followed by a reminder that there are still problems with “rogue DNA labs” by Scheck, who explained
the difficulties created by former Governor Pataki who “rammed through legislation creating private DNA banks for the storage of elimination samples.”
Returning to the central theme of his presentation DA Watkins remarked, “In the majority of cases in which someone was wrongfully convicted there was an element of prosecutorial misconduct.” He went on, “I tell my assistant district attorneys, ‘This may be a bad guy, but we want to be sure that we’ve got the right guy.’ ”
Senator Schneiderman then volunteered, “Perhaps term limits are needed for DAs, because if it was your work, you might not be as willing to review.” Asked whether, in light of so many wrongful convictions, he was for, or against the Death Penalty, Watkins candidly admitted, “That’s hard to answer.” Then he quipped, “If you catch me coming out of court I might be for it. But if you get me coming out of church, I’m against it.”
On the subject of the relationship between his office and the police, an issue of particular interest in Westchester where the District Attorney’s Office has traditionally treated police reports as though they were the Synoptic Gospel, DA Watkins said, “We don’t rubber-stamp the police department. We are there to make sure they do it right. And, if what we get from the police is incomplete, we kick it back to them.”
Craig Watkins, District Attorney of Dallas County Texas has, in the nearly two years he’s been in office, not only instituted many much-needed changes in procedure, but has begun to make significant progress in serious crime reduction and recidivism, as well as uncovering numerous wrongful convictions. It is obvious that, unlike most DAs, neither his ego, nor his political ambition, has interfered with his fundamental belief in, and commitment to, Due Process, and the Constitutional rights of those with whom his office has contact. It is obvious, as well, that what distinguishes him from most other DAs is that he not only talks the talk, but walks the walk.
The Court Report
By Richard Blassberg
“His Immunity Is Not Going To Shield Him From This Claim.”
United States Federal District Court, White Plains Judge Charles L. Brieant, Presiding
White Plains, N.Y., October 26 – Last Friday morning, Jonathan Lovett, counsel to Plaintiffs, numerous readers of The Westchester Guardian newspaper, publisher Sam Zherka, and several employees, appeared in Federal District Court, together with attorneys for Defendants Phil Amicone and several members of his Administration,
Kevin Plunkett and his associate, Darius Chafizadeh, for a pre-trial hearing in the first of seven lawsuits lodged, charging numerous First Amendment violations. Three of those actions specifically name Lawrence Porcari, Yonkers Assistant Corporate Counsel.
Opening the hearing, attorney Chafizadeh stepped up to the podium, advising the Court, “Our motion is based upon absolute and complete immunity, Your Honor.” Judge Charles Brieant responded, “Your client was pretending to be a police officer, showing a badge, and threatening to arrest.” He continued, “I have a complaint here, filed under stricture of Rule 11.” The judge was making reference to the Federal Rule of Civil Procedure
subjecting counsel to sanction and severe fine for bringing any action in Federal Court that is not predicated upon truthful allegations.
Mr. Chafizadeh remarked, “It’s impossible to believe that his activities (Yonkers Corporate Counsel Porcari) would limit others’ ability to read the paper.” Brieant shot right back, “If you’re talking standing, you’re
right up against the Spargo case.
Chafizadeh began, “We believe,...” when Brieant cut him off with, “His immunity is not going to shield him against this claim. These claims are not being made for money, but to prevent it from happening again.” At that point, Chafizadeh again attempted to proffer the theory that Porcari was acting in his capacity as a prosecutor and was therefore immune from the actions being brought against him. Brieant then demanded, “What is his job?”
Jonathan Lovett then interjected, “He committed three New York State crimes. He had led my clients to believe he was a cop. He flashed a badge. And, he threatened to arrest them.” Defense Counsel then made a formal motion to dismiss the charges against Mr. Porcari. Judge Brieant immediately came back with, “The Court has concluded that the Plaintiffs have standing. The Plaintiffs are recipients of speech, and the paper has a right to issue that speech.”
Then Brieant reminded Chafizadeh, “Defendant Porcari is not being charged with prosecutorial misconduct.” Turning somewhat more stern, he went on, “The Court finds that there is no absolute immunity, no qualified immunity, no immunity under any theory.” He then explained to Defense Counsel, “Qualified immunity is only for engaging in the initial phase of the judicial process.”
Reviewing the allegations, Brieant reminded Defense Counsel, “He pretended to be a member of the Police Department; displayed a badge, and threatened to arrest them.” Once again, clarifying for the benefit of Defense Counsel, he then stated, “These are not activities contemplated as part of the ordinary functions of a prosecutor in the judicial process. There is a factual dispute that must be resolved at trial. Brieant then held, “The Defense motion for dismissal, based upon absolute, or qualified, immunity is denied.”
Analysis:
The Court’s holding is all the more significant in that Yonkers Corporate Counsel, Lawrence A. Porcari, is named in three separate actions, of seven, that comprise The Westchester Guardian’s case against Mayor Phil Amicone and the City of Yonkers. Having defeated Defense arguments for prosecutorial immunity in fully three of those cases, the defendants, as a result, have been rendered very vulnerable at trial.
By Richard Blassberg
“His Immunity Is Not Going To Shield Him From This Claim.”
United States Federal District Court, White Plains Judge Charles L. Brieant, Presiding
White Plains, N.Y., October 26 – Last Friday morning, Jonathan Lovett, counsel to Plaintiffs, numerous readers of The Westchester Guardian newspaper, publisher Sam Zherka, and several employees, appeared in Federal District Court, together with attorneys for Defendants Phil Amicone and several members of his Administration,
Kevin Plunkett and his associate, Darius Chafizadeh, for a pre-trial hearing in the first of seven lawsuits lodged, charging numerous First Amendment violations. Three of those actions specifically name Lawrence Porcari, Yonkers Assistant Corporate Counsel.
Opening the hearing, attorney Chafizadeh stepped up to the podium, advising the Court, “Our motion is based upon absolute and complete immunity, Your Honor.” Judge Charles Brieant responded, “Your client was pretending to be a police officer, showing a badge, and threatening to arrest.” He continued, “I have a complaint here, filed under stricture of Rule 11.” The judge was making reference to the Federal Rule of Civil Procedure
subjecting counsel to sanction and severe fine for bringing any action in Federal Court that is not predicated upon truthful allegations.
Mr. Chafizadeh remarked, “It’s impossible to believe that his activities (Yonkers Corporate Counsel Porcari) would limit others’ ability to read the paper.” Brieant shot right back, “If you’re talking standing, you’re
right up against the Spargo case.
Chafizadeh began, “We believe,...” when Brieant cut him off with, “His immunity is not going to shield him against this claim. These claims are not being made for money, but to prevent it from happening again.” At that point, Chafizadeh again attempted to proffer the theory that Porcari was acting in his capacity as a prosecutor and was therefore immune from the actions being brought against him. Brieant then demanded, “What is his job?”
Jonathan Lovett then interjected, “He committed three New York State crimes. He had led my clients to believe he was a cop. He flashed a badge. And, he threatened to arrest them.” Defense Counsel then made a formal motion to dismiss the charges against Mr. Porcari. Judge Brieant immediately came back with, “The Court has concluded that the Plaintiffs have standing. The Plaintiffs are recipients of speech, and the paper has a right to issue that speech.”
Then Brieant reminded Chafizadeh, “Defendant Porcari is not being charged with prosecutorial misconduct.” Turning somewhat more stern, he went on, “The Court finds that there is no absolute immunity, no qualified immunity, no immunity under any theory.” He then explained to Defense Counsel, “Qualified immunity is only for engaging in the initial phase of the judicial process.”
Reviewing the allegations, Brieant reminded Defense Counsel, “He pretended to be a member of the Police Department; displayed a badge, and threatened to arrest them.” Once again, clarifying for the benefit of Defense Counsel, he then stated, “These are not activities contemplated as part of the ordinary functions of a prosecutor in the judicial process. There is a factual dispute that must be resolved at trial. Brieant then held, “The Defense motion for dismissal, based upon absolute, or qualified, immunity is denied.”
Analysis:
The Court’s holding is all the more significant in that Yonkers Corporate Counsel, Lawrence A. Porcari, is named in three separate actions, of seven, that comprise The Westchester Guardian’s case against Mayor Phil Amicone and the City of Yonkers. Having defeated Defense arguments for prosecutorial immunity in fully three of those cases, the defendants, as a result, have been rendered very vulnerable at trial.
Wednesday, November 7, 2007
Accounting job in Mt Vernon NY
Motif Designs is seeking a full time employee with excellent accounting, organizational and communication skills for its Interior Design Department.
Job responsibilities will include:
Assisting with pricing of products and services.
Placing purchase orders with suppliers.
Tracking deliveries.
Recording vendor bills.
Managing accounts payable.
Billing clients.
Managing accounts receivable.
Month end reports.
Assisting in preparation of financial reports.
Qualifications for the position are:
College degree in accounting.
Two to three years accounting experience.
Proficiency in Quickbooks.
Proficiency in Excel.
Ability to work in a fast paced environment and meet deadlines.
Lyn Peterson, President of Motif, is a top residential interior designer with multiple projects in the NYC area and nationwide. Our offices are located in Mount Vernon, NY. The web site is www.motif-designs.com.
If you are a bright, motivated and detail oriented individual, this is a chance to join a dynamic group and growing company. Please email to kfriberg@motif-designs.com.
Job responsibilities will include:
Assisting with pricing of products and services.
Placing purchase orders with suppliers.
Tracking deliveries.
Recording vendor bills.
Managing accounts payable.
Billing clients.
Managing accounts receivable.
Month end reports.
Assisting in preparation of financial reports.
Qualifications for the position are:
College degree in accounting.
Two to three years accounting experience.
Proficiency in Quickbooks.
Proficiency in Excel.
Ability to work in a fast paced environment and meet deadlines.
Lyn Peterson, President of Motif, is a top residential interior designer with multiple projects in the NYC area and nationwide. Our offices are located in Mount Vernon, NY. The web site is www.motif-designs.com.
If you are a bright, motivated and detail oriented individual, this is a chance to join a dynamic group and growing company. Please email to kfriberg@motif-designs.com.
Website developer needed in Peekskill
Timothy Wood Design in Peekskill is seeking a Website Application Developer.
Job Description
Web and application programming
- Upkeep and maintenance of old code
- Utilize new technologies to develop new applications
- Design and code new applications to improve business processes
- Maintain multiple websites for internal and external use
- Some HMTL production
Requirements
- Bachelors Degree
- Java, HTML, PHP, JSP
- LAMP (PHP, Perl, Python)
- mySql, MS SQL, postregsql or other DB experience
- AJAX or RoR (ruby on rails)
Westchester employment numbers out
Things are pretty steady as far as the Westchester job picture goes. The WC Business Journal says:
In the Putnam-Rockland-Westchester designated metropolitan area, the number of non-farm jobs has increased by 5,600, or 1.0 percent, and the number of private-sector jobs has increased by 4,900, or 1.0 percent, since September 2006. The area’s unemployment rate was 3.7 percent in September 2007, compared with 3.6 percent in August and 3.6 percent in September 2006.
In the Putnam-Rockland-Westchester designated metropolitan area, the number of non-farm jobs has increased by 5,600, or 1.0 percent, and the number of private-sector jobs has increased by 4,900, or 1.0 percent, since September 2006. The area’s unemployment rate was 3.7 percent in September 2007, compared with 3.6 percent in August and 3.6 percent in September 2006.
Thursday, November 1, 2007
Our Readers Respond...
‘Diesel from Peekskill’ Draws A Strong Response
Dear Editor,
It’s very unfortunate that in 2007 we still have people like Diesel of Peekskill, ranting their blatant ignorance and racial bigotry. Last week I read, with great dismay, a Letter to the Editor titled, “Man With A Grudge Takes It Out On Columnist Mayfield,” in which Diesel proceeded to criticize Vicki Mayfield’s grammar, writing technique, opinions on the subjects she writes about, and, to add insult to injury, he implied that she’s a racist. In conclusion he lets us know he’s a “White man” with a disability, and has just as many problems, if not more, than any “minority.”
First of all I would like to say, I know Vicki Mayfield. Vicki is a proud, strong African-American woman, extremely intelligent, who takes on subjects that most likely would not be printed in mainstream media, making her very unique. When she writes a story, it usually involves her life experiences, often her community
of Mt Vernon, which is dear to her heart, and yes, she writes about racism. She is passionate about those subjects and that’s why I look forward to reading her column. I can relate to many of her columns, because, I too, am a “proud, strong African-American woman”, who has experienced some of the same life experiences that she has. But being a “White man” such as yourself, with strong bigoted and ignorant views, I wouldn’t expect you to write otherwise.
Maybe if you were more educated in the English language, more open-minded and took the time to read about our history and, by the way, we have a rich history, you might understand what you’re reading. It’s because of people such as yourself and others that some are encouraged to scroll racist and anti-Semitic graffiti, as well as place nooses in our communities and our schools.
Speaking of showing true colors, your letter epitomizes yours. Your problem, Diesel, is that you happen to be not just a “White man”, but a “privileged angry White man” with some serious issues. Let me explain what I mean by a “privileged White man.” First of all, it was your ancestors that brought Vicki’s family here in chains as slaves from Africa. they stripped us of our identity, our culture, our language, our family ties, our religion and
our motherland. they beat us, raped our women, broke up families, worked us until some of us died and sold us.
Once we were so-called emancipated we were promised 40 acres and a mule, that was a joke, denied us an education and the right to vote. I know you’ll say, “I’m not responsible for what happened back in the day
because slavery didn’t exist in the north.” News Flash! I suggest you read Complicity: How the North Profited From Slavery.
Up until 1946, not only her male ancestors but mine, as well, were recruited into a segregated U.S. Armed Forces. President Harry S. Truman integrated the armed forces in 1946 and my father, a proud “African-American man”, went into one of the first integrated Navy units. However proudly my father, Vicki’s father, uncles, grandfathers and cousins served their country, they could not vote in certain parts of the country, namely the South, and could not live where they wanted to live because of the color of their skin. They couldn’t even eat in certain restaurants much less use a restroom.
In the 1940’s African-American men were being lynched at an alarming rate in this country. They were the targets of hate groups like the Ku Klux Klan, because of their skin color. It wasn’t until the mid-1960’s that we got the Civil Rights Bill, Voting Rights Act and a Fair Housing Law. But that wasn’t just given to us; many men,
women and children lost their lives in the struggle to gain those rights.
Now that you’ve gotten a little history lesson on “my people” and their struggle in a world of “the privileged
White man” with his many problems, I would trust that you would take stock of yourself, as well as others, who think like you. Tell me one “White man” in this country who has endured what the Black man has. Tell me if you’ve ever been denied the right to vote because of the color of your skin, or told to ride in the back of a bus, or would ever get lynched because you dared to look at a woman other than one of your race, or not be able to get a loan to buy the home of your choice in a nice neighborhood.
The list can go on and on. You also stated in your letter that Ms. Mayfield is blaming George Bush for creating the diversion in this country so as not to get impeached. There’s all the lies he told about getting us into Iraq, the so-called “Surge” that’s supposedly working, raising “Terror Alert Levels” when he’s down in the polls and
now his foray into Iran.
As far as “living, eating, breathing, walking, cooking, driving, sleeping, shopping, working, reading, suing, Latino,
get used to it. Eridania Camacho has just as much right to write and express herself about “her people” as Vicki
Mayfield. That’s right. Diesel, I got that message; you’re fed up with Latinos too.
But I do agree with you on one thing, you are a “White man” with a disability and many problems. But your
disability is a mental, racist and hateful disability. And, guess what, unfortunately there are many other ignorant
and racist people just like yourself. It’s very tragic, but as long as you harbor these feelings, you’ll soon find, “Freedom Isn’t Free.”
Renee Smith, Peekskill
Reader Exposes Amicone Financial Foibles
Dear Editor:
nValley Tech is a perfect example of the incompetance of the Amicone administration. A $21-million-plus fi-
asco started by Mayor Spencer who was smart enough to annoint his Deputy Mayor, Mr. Amicone, as the “day to day administrator of the city”.
Now this white elephant has been sold to I Park at a knockdown price, still occupied by the same city agencies
and the politically connected. Has the city realized one penny of revenue from this building?
Add this to the Philipsburg Hall screwup; to 11-23 St. Casimir, which went bankrupt; to Diam International
which used the city, got tax breaks and then basically took off to the former Alexander Street Oil Terminal which is now a school bus terminal; to the ball park that still is to be built, years behind schedule, and you have a record
to run away from, not to run on.
To piss away HUD funds on nValley is a disgrace and the alphabet list of loans and grants this project received is
just mindboggling. In my opinion, this Mayor should be blown out to sea, maybe on his ferry to Hoboken.
Readers can confirm most of this information by talking to McLoin, although Murtagh is playing with Phil
Amicone for now, he was tossed out of the building by Ed Sheeran and had some strong words to say about this building. I am sure Vinnie Restiano could be very helpful in confirming this.
Readers may also call Joseph Fiore, Chief investigator in the NYS Comptrollers office, 1-212-383-2594 or Ass’t Comptroller Steven J. Hancox at 1-518-474-4037, or Carrie H. Cohen, Chief PIU Unit, NYS AG @ 1-518-402-2472.
“The Facility Is Safe; So Was The Titanic!”
Dear Editor:
Let me get right to the point, Indian Point, that is. The current evacuation plan that is in place right now for
New York City, Westchester, Rockland and Putnam Counties is enormously flawed, and will not work, period!
I am beginning to think that the NRC stands for Nobody Really Cares, instead of the Nuclear Regulatory Commission. I am not against nuclear power to provide much-needed electricity. Until an alternative is found, this seems to be the way to go. However, we cannot let politicians and businessmen jeopardize the lives of innocent citizens in the area of these facilities. Indian Point should be relocated to a more rural, desolate location. If we are going to work with the deadly brew we cannot miss a single beat when it comes to safety. We already made a huge mistake allowing a nuclear power plant to be built so close to the most vibrant city in the world.
Now we are being told to accept Entergy’s bogus evacuation plan! Listen, I was born and raised in Westchester and I can honestly tell you that it is impossible to get to a beach on a hot, summer day with all the traffic and river crossings!
Can you imagine what it would be like during a catastrophe? I know, I know, the facility is safe; so was the Titanic! They can’t even provide a stable, working warning system! If Entergy’s evacuation plan is really a good one, then why isn’t it being distributed to the citizens of the region? Everyone should have a copy of the plan hanging on their fridge!
I did my own poll by asking 200 people who ride the Metro North Railroad if they knew of Entergy’s plan to
evacuate the area if an accident or a criminal act was to release radioactive material from Indian Point. Well, not
one person knew the details and they all had their own plan of getting away.
Sounds like chaos to me! Heck, even if some did make it out of the deadly area, where would they go?
Now is the time to confront Entergy before their license is renewed for another 20 years. Remember that your life and your children’s future may depend on it. He who hesitates is lost, but in this case it might mean death.
Dom Nanni, Scarsdale
‘Diesel from Peekskill’ Draws A Strong Response
Dear Editor,
It’s very unfortunate that in 2007 we still have people like Diesel of Peekskill, ranting their blatant ignorance and racial bigotry. Last week I read, with great dismay, a Letter to the Editor titled, “Man With A Grudge Takes It Out On Columnist Mayfield,” in which Diesel proceeded to criticize Vicki Mayfield’s grammar, writing technique, opinions on the subjects she writes about, and, to add insult to injury, he implied that she’s a racist. In conclusion he lets us know he’s a “White man” with a disability, and has just as many problems, if not more, than any “minority.”
First of all I would like to say, I know Vicki Mayfield. Vicki is a proud, strong African-American woman, extremely intelligent, who takes on subjects that most likely would not be printed in mainstream media, making her very unique. When she writes a story, it usually involves her life experiences, often her community
of Mt Vernon, which is dear to her heart, and yes, she writes about racism. She is passionate about those subjects and that’s why I look forward to reading her column. I can relate to many of her columns, because, I too, am a “proud, strong African-American woman”, who has experienced some of the same life experiences that she has. But being a “White man” such as yourself, with strong bigoted and ignorant views, I wouldn’t expect you to write otherwise.
Maybe if you were more educated in the English language, more open-minded and took the time to read about our history and, by the way, we have a rich history, you might understand what you’re reading. It’s because of people such as yourself and others that some are encouraged to scroll racist and anti-Semitic graffiti, as well as place nooses in our communities and our schools.
Speaking of showing true colors, your letter epitomizes yours. Your problem, Diesel, is that you happen to be not just a “White man”, but a “privileged angry White man” with some serious issues. Let me explain what I mean by a “privileged White man.” First of all, it was your ancestors that brought Vicki’s family here in chains as slaves from Africa. they stripped us of our identity, our culture, our language, our family ties, our religion and
our motherland. they beat us, raped our women, broke up families, worked us until some of us died and sold us.
Once we were so-called emancipated we were promised 40 acres and a mule, that was a joke, denied us an education and the right to vote. I know you’ll say, “I’m not responsible for what happened back in the day
because slavery didn’t exist in the north.” News Flash! I suggest you read Complicity: How the North Profited From Slavery.
Up until 1946, not only her male ancestors but mine, as well, were recruited into a segregated U.S. Armed Forces. President Harry S. Truman integrated the armed forces in 1946 and my father, a proud “African-American man”, went into one of the first integrated Navy units. However proudly my father, Vicki’s father, uncles, grandfathers and cousins served their country, they could not vote in certain parts of the country, namely the South, and could not live where they wanted to live because of the color of their skin. They couldn’t even eat in certain restaurants much less use a restroom.
In the 1940’s African-American men were being lynched at an alarming rate in this country. They were the targets of hate groups like the Ku Klux Klan, because of their skin color. It wasn’t until the mid-1960’s that we got the Civil Rights Bill, Voting Rights Act and a Fair Housing Law. But that wasn’t just given to us; many men,
women and children lost their lives in the struggle to gain those rights.
Now that you’ve gotten a little history lesson on “my people” and their struggle in a world of “the privileged
White man” with his many problems, I would trust that you would take stock of yourself, as well as others, who think like you. Tell me one “White man” in this country who has endured what the Black man has. Tell me if you’ve ever been denied the right to vote because of the color of your skin, or told to ride in the back of a bus, or would ever get lynched because you dared to look at a woman other than one of your race, or not be able to get a loan to buy the home of your choice in a nice neighborhood.
The list can go on and on. You also stated in your letter that Ms. Mayfield is blaming George Bush for creating the diversion in this country so as not to get impeached. There’s all the lies he told about getting us into Iraq, the so-called “Surge” that’s supposedly working, raising “Terror Alert Levels” when he’s down in the polls and
now his foray into Iran.
As far as “living, eating, breathing, walking, cooking, driving, sleeping, shopping, working, reading, suing, Latino,
get used to it. Eridania Camacho has just as much right to write and express herself about “her people” as Vicki
Mayfield. That’s right. Diesel, I got that message; you’re fed up with Latinos too.
But I do agree with you on one thing, you are a “White man” with a disability and many problems. But your
disability is a mental, racist and hateful disability. And, guess what, unfortunately there are many other ignorant
and racist people just like yourself. It’s very tragic, but as long as you harbor these feelings, you’ll soon find, “Freedom Isn’t Free.”
Renee Smith, Peekskill
Reader Exposes Amicone Financial Foibles
Dear Editor:
nValley Tech is a perfect example of the incompetance of the Amicone administration. A $21-million-plus fi-
asco started by Mayor Spencer who was smart enough to annoint his Deputy Mayor, Mr. Amicone, as the “day to day administrator of the city”.
Now this white elephant has been sold to I Park at a knockdown price, still occupied by the same city agencies
and the politically connected. Has the city realized one penny of revenue from this building?
Add this to the Philipsburg Hall screwup; to 11-23 St. Casimir, which went bankrupt; to Diam International
which used the city, got tax breaks and then basically took off to the former Alexander Street Oil Terminal which is now a school bus terminal; to the ball park that still is to be built, years behind schedule, and you have a record
to run away from, not to run on.
To piss away HUD funds on nValley is a disgrace and the alphabet list of loans and grants this project received is
just mindboggling. In my opinion, this Mayor should be blown out to sea, maybe on his ferry to Hoboken.
Readers can confirm most of this information by talking to McLoin, although Murtagh is playing with Phil
Amicone for now, he was tossed out of the building by Ed Sheeran and had some strong words to say about this building. I am sure Vinnie Restiano could be very helpful in confirming this.
Readers may also call Joseph Fiore, Chief investigator in the NYS Comptrollers office, 1-212-383-2594 or Ass’t Comptroller Steven J. Hancox at 1-518-474-4037, or Carrie H. Cohen, Chief PIU Unit, NYS AG @ 1-518-402-2472.
“The Facility Is Safe; So Was The Titanic!”
Dear Editor:
Let me get right to the point, Indian Point, that is. The current evacuation plan that is in place right now for
New York City, Westchester, Rockland and Putnam Counties is enormously flawed, and will not work, period!
I am beginning to think that the NRC stands for Nobody Really Cares, instead of the Nuclear Regulatory Commission. I am not against nuclear power to provide much-needed electricity. Until an alternative is found, this seems to be the way to go. However, we cannot let politicians and businessmen jeopardize the lives of innocent citizens in the area of these facilities. Indian Point should be relocated to a more rural, desolate location. If we are going to work with the deadly brew we cannot miss a single beat when it comes to safety. We already made a huge mistake allowing a nuclear power plant to be built so close to the most vibrant city in the world.
Now we are being told to accept Entergy’s bogus evacuation plan! Listen, I was born and raised in Westchester and I can honestly tell you that it is impossible to get to a beach on a hot, summer day with all the traffic and river crossings!
Can you imagine what it would be like during a catastrophe? I know, I know, the facility is safe; so was the Titanic! They can’t even provide a stable, working warning system! If Entergy’s evacuation plan is really a good one, then why isn’t it being distributed to the citizens of the region? Everyone should have a copy of the plan hanging on their fridge!
I did my own poll by asking 200 people who ride the Metro North Railroad if they knew of Entergy’s plan to
evacuate the area if an accident or a criminal act was to release radioactive material from Indian Point. Well, not
one person knew the details and they all had their own plan of getting away.
Sounds like chaos to me! Heck, even if some did make it out of the deadly area, where would they go?
Now is the time to confront Entergy before their license is renewed for another 20 years. Remember that your life and your children’s future may depend on it. He who hesitates is lost, but in this case it might mean death.
Dom Nanni, Scarsdale
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