Saturday, February 3, 2018

Attorney General's Special Investigations And Prosecutions Unit Releases Report On The Death Of Jose Hernandez Rossy


  New York Attorney General’s Special Investigations and Prosecutions Unit (SIPU) released a comprehensive report on its investigation into the death of Jose Hernandez Rossy in Buffalo in May 2017, pursuant to Executive Order No. 147.

The investigation, led by Chief Deputy Attorney General and Chief of the Special Investigations and Prosecutions Unit, Alvin Bragg, found that under New York State law and guided by U.S. Supreme Court precedent, the officers’ actions did not meet the requisite legal criteria of criminal misconduct. New York law explicitly permits an officer to use deadly physical force against a fleeing suspect if the officer reasonably believes that such fleeing individual has just committed a felony involving physical force against another person. According to the involved officers’ testimony and the accounts of multiple civilian witnesses, the officers in this case had a reasonable, if mistaken, belief that Mr. Hernandez Rossy had shot Officer Joseph Acquino in his vehicle prior to fleeing from the scene. 
The report, available here, details SIPU’s comprehensive investigation into the encounter between Mr. Hernandez Rossy and Buffalo Police Department (BPD) officers on May 7, 2017.
“The death of Mr. Hernandez Rossy was a tragedy and my heart goes out to his family, friends, and everyone who cared about him,” said Attorney General Schneiderman. “Based on a thorough investigation—an investigation that included accounts from more than a dozen civilian eyewitnesses and a review of photographic and video evidence—and an exhaustive legal analysis, under the chaotic circumstances preceding Mr. Hernandez Rossy’s death, the officers’ actions did not exceed the legally permissible standard of police conduct established by the United States Supreme Court and New York state law. This determination does not lessen the tragedy of Mr. Hernandez’s death, nor does it excuse the use of excessive force by police in other cases. Nevertheless, we hope that today’s extensive and transparent report about our investigation will provide the community and Buffalo PD with the facts, evidence, and recommendations necessary to help prevent these types of tragic events from happening again.” 
Under the plain language of the relevant New York State statute, an officer may use deadly force to stop a civilian from fleeing if the officer reasonably believes that (1) the civilian committed a felony involving the use of force, or (2) the civilian committed any felony and was armed with a deadly weapon. These legal protections apply even if the officer’s reasonable belief is ultimately determined to be mistaken. 
As detailed in the report, BPD Patrol Officer Justin Tedesco, the shooting officer, and several civilian bystanders saw (1) Mr. Hernandez Rossy and a second officer, BPD Patrol Officer Joseph Acquino, wrestling inside of Mr. Hernandez Rossy’s car over what PO Acquino mistakenly believed to be a gun, following a traffic stop; (2) Mr. Hernandez Rossy attempt to drive away while wrestling with PO Acquino, only to collide into a house, after almost driving into a child on a bicycle; and (3) PO Acquino emerge from the vehicle bleeding from his head, with his ear partially detached, and shouting that he had been shot. Civilian bystanders also saw and heard Mr. Hernandez Rossy struggle with PO Tedesco, break free, and attempt to flee. PO Tedesco warned Mr. Hernandez Rossy not to flee. When PO Tedesco’s warning was not heeded, PO Tedesco shot Hernandez Rossy in the arm as he was running away. In fact, Mr. Hernandez Rossy had not been armed and, although PO Acquino was seriously injured during the struggle, he had not been shot. 
SIPU’s investigation included: (1) interviews of the Buffalo Police Department officers; (2) interviews of eight civilian witnesses and a review of videotaped interviews with five additional civilian witnesses; (3) review of 911 calls by civilian witnesses; (4) review of videos captured a civilian witness and a residential recording device; (5) review of the medical examiner’s records; (6) review of Mr. Hernandez Rossy’s and the injured officer’s ambulance and medical records; (7) interviews of BPD officers, Buffalo Fire Department members, and Emergency Medical Technicians who responded to the scene; (8) review of all BPD digital video evidence and photographs of the scene; and (9) numerous forensic analyses.
Under the executive order, OAG may offer recommendations for systemic reform arising from the investigation. Accordingly, OAG recommends that:
  • given that the BPD officers involved were not equipped with Tasers, BPD examine outfitting its members with Tasers.
  • BPD become a New York State accredited law enforcement agency. This is the second time OAG has made this recommendation, as this investigation was lacking in areas of evidence collection and documentation, including, in particular, the BPD’s failure to perform – or perceive the need to perform – a prompt and complete accident reconstruction.
The report was produced as part of the Attorney General’s role as the state’s special prosecutor. In July 2015, Governor Cuomo signed Executive Order No. 147, appointing the Attorney General to that role to oversee investigations into incidents where unarmed civilians die during interactions with police, or incidents where there is significant question as to whether the civilian was armed and dangerous. As part of the Attorney General office’s commitment to transparency, in cases in which it’s determined that charges cannot be brought, the Attorney General’s office releases a comprehensive report detailing the findings and available evidence from its investigation.

Friday, February 2, 2018

MAYOR DE BLASIO SPEEDS UP 3-K FOR ALL ROLLOUT AND ANNOUNCES 4 NEW DISTRICTS


Families Can Apply to 3-K and Pre-K Starting Monday, February 5

 Mayor Bill de Blasio and Schools Chancellor Carmen Fariña today announced that 3-K for All will expand to four more community school districts over the next three years, increasing the City’s commitment to fully funding free, full-day, high-quality 3-K from eight community school districts by 2020 to 12 community school districts. This will double the number of new districts opening this fall and next from 2 to 4 in both years. The City intends to bring 3-K for All citywide in the 2021-22 school year with additional support from partners in the State and federal government.

Starting in the 2018-19 school year, the City will expand to additional school districts each year, in addition to the previously announced districts. The new districts are: 
  • 2018-19: District 5 (Harlem) and District 16 (Bedford-Stuyvesant)
  • 2019-20: District 6 (Washington Heights and Inwood)
  • 2020-21: District 12 (Central Bronx)

3-K for All will also come to District 19 (East New York) in the 2019-20 school year, a year earlier than scheduled.

“The first class of 3-K for All started in September, and their development since then is truly remarkable. This extra year of education is giving our kids an invaluable head start in life, and helping to alleviate some of the financial strain that working families in New York City face,” saidMayor Bill de Blasio.  “By accelerating and expanding 3-K for All, we are bringing this opportunity to more kids and families faster.”

“I am excited to expand 3-K for All to four more districts ahead of schedule, bringing an opportunity for thousands more three-year-olds to gain a critical educational foundation,” saidSchools Chancellor Carmen Fariña. “Starting at three years old allows us to reach children at the ideal period of development, and I encourage families to review the 3-K and Pre-K for All options available for their child and apply.”

“The 3-K programs we launched this year in the Bronx and here in Brownsville are shining examples of our commitment to achieve equity and excellence for all New Yorkers.  These programs have provided children in these communities with free, full-day, high-quality education that research shows will have a lifelong impact. I’m proud to be here today to announce that 3-year-olds and their families in even more neighborhoods will be able to benefit from programs like the one we’re in today.” said Richard Buery, Deputy Mayor for Strategic Policy Initiatives.

3-K for All is the nation’s most ambitious effort to provide universal, free, full-day, high-quality early childhood education for every three-year-old child, and builds on the success of Pre-K for All. Research has found every dollar invested in high-quality early education saves taxpayers as much as $13 long-term.

With the new districts, the full schedule for 3-K expansion is: 
  • 2017-18: District 7 (South Bronx) and District 23 (Brownsville). This year, over 1,500 three-year-olds are being served by 3-K for All in these two districts.
  • 2018-19: District 4 (East Harlem), District 5 (Harlem), District 16 (Bedford-Stuyvesant), and District 27 (Broad Channel, Howard Beach, Ozone Park, Rockaways). There will be 5,000 seats across the six districts offering 3-K for All in Fall 2018. 
  • 2019-20: District 6 (Washington Heights and Inwood), District 9 (Grand Concourse, Highbridge, Morrisania), District 19 (East New York), and District 31 (Staten Island)
  • 2020-21: District 12 (Central Bronx) and District 29 (Cambria Heights, Hollis, Laurelton, Queens Village, Springfield Gardens, St. Albans)

Each district will have a two-year expansion, offering universal access in the second year. By fall 2021, the City will support approximately 19,000 3-K seats across the 12 community school districts.For the 2018-19 school year, 3-K for All will cost $66 million across six districts. At scale, the cost will be $203 million across the 12 City-funded districts. In order to achieve the vision of 3-K for All citywide, the City will need additional support from partners in the State and federal government.

Applications for 3-K for All and Pre-K for All will open on Monday, February 5. 3-K for All programs in Districts 4, 7, 23, and 27 will be available on Monday, February 5 and programs in the new districts – Districts 5 and 16 – will be added to the application in mid-April.

Families can submit an application for 3-K online at nyc.gov/3k, and for Pre-K online atnyc.gov/prek. All families can apply over the phone by calling 311 or in person at a Family Welcome Center. The online application is available in ten languages, and families can submit an application over the phone or in person in over 200 languages. 3-K and Pre-K enrollment specialists – experts on sites across each neighborhood – will also be available to help families throughout the process as they find a program that best fits their child’s needs. 

Like Pre-K for All, 3-K for All relies on the partnership of community-based organizations, including Head Start, EarlyLearn providers, child care agencies, and family child care providers.

As part of the larger effort to strengthen birth-to-five care and education across the City, EarlyLearn programs are transitioning from ACS to management by DOE by early 2019. This transition is being led by ACS and DOE, with engagement with other city agencies, such as the Human Resources Administration and the Department of Health and Mental Hygiene, as well as providers, early childhood care and education experts, and state and federal regulators. Creating a unified birth-to-five early care and education system will benefit children, families, and providers. It will enable consistent, high-quality standards, greater curricular alignment from early childhood through second grade, a single contracting relationship and set of supports for early childhood education providers, integrated data collection, and seamless connections between early childhood development and 3K-12 education. In addition to programs serving three- and four-year-olds, EarlyLearn programs serving children from six-weeks-old through three-years-old are also transitioning to management by DOE, including center- and home-based programs.

Through Pre-K for All, the number of four-year-olds enrolled in free, full-day, high-quality pre-K has increased from 19,000 to approximately 68,000. Independent research from the NYC Center for Economic Opportunity has demonstrated high satisfaction with pre-K for All: 92 percent of families surveyed rated their program as excellent or good, and 83 percent of families said their child learned “a lot” in pre-K. Parents with children enrolled in free, full-day pre-K save an average of $10,000 annually on childcare costs, and an NYU study found that Pre-K for All makes it more likely that a low-income child in New York City is properly diagnosed with asthma or vision problems, and receives screening or treatment for hearing or vision problems.

On Monday, the City will release an updated Pre-K Quality Snapshot, a tool introduced last year that allows families to learn about program options. The Snapshots are available online through the Pre-K Finder and are aligned to the DOE’s Framework for Great Schools and the Pre-K for All Program Quality Standards. As part of the Snapshot, the City is also releasing newly compiled nationally recognized ECERS-R and CLASS assessments for Pre-K programs. Overall, 88 percent of programs’ ECERS-R scores released are at or above the 3.4 threshold correlated with positive student outcomes, a 3 percentage-point increase from 2015-16. Complete results are available online. In addition to using the qualitative and quantitative data in the Snapshot, the Chancellor urges families to visit pre-K sites and have meaningful conversations with families and staff to learn more about each program firsthand. Pre-K admissions events, including open houses, can also be found online.

 3-K for All and Pre-K for All are part of the Mayor and Chancellor’s Equity and Excellence for All agenda. Together, the Equity and Excellence for All initiatives are building a pathway to success in college and careers for all students. Our schools are starting earlier – free, full-day, high-quality education for three-year-olds and four-year-olds through 3-K for All and Pre-K for All. They are strengthening foundational skills and instruction earlier – Universal Literacy so that every student is reading on grade level by the end of 2nd grade; and Algebra for All to improve elementary- and middle-school math instruction and ensure that all 8th graders have access to algebra. They are offering students more challenging, hands-on, college and career-aligned coursework – Computer Science for All brings 21st-century computer science instruction to every school, and AP for All will give all high school students access to at least five Advanced Placement courses. Along the way, they are giving students and families additional support through College Access for All, Single Shepherd, and investment in Community Schools. Efforts to create more diverse and inclusive classrooms through Diversity in New York City Public Schools, the City’s school diversity plan, are central to this pathway.

COUNCIL MEMBER ANDY KING TO HOST CONSTITUENT NIGHT ON THURSDAY, FEBRUARY 8 at Edenwald Community Center


  In order to better serve his constituents beyond the hours of 9-5, New York City Council Member Andy King and his staff will be hosting “Constituent Services Night” in a different NYCHA housing development in the 12th Council District.

A Constituent Service Night Event will be held on Thursday, February 8, 6:30 -8:00 p.m. at Edenwald Community Center, 1150 East 229th St., Bronx. Services will include resources and solutions for housing, food stamps, immigration status and basic services. Representatives from Home Base/Catholic Charities Archdiocese of New York and Urban Justice Center will be in attendance to address constituents’ needs as well as provide information and resources.

There are five NYCHA housing developments in the 12th District: Gun Hill Houses, Baychester Houses, Boston Secor, Eastchester Gardens and Edenwald.

NYCHA residents can preschedule an appointment by calling the Office of Council Member Andy King at (718) 684-5509.

Engel, House Democrats Work to Protect Mueller Investigation with H.R. 3654, the “Special Counsel Independence Protection Act”


  Congressman Eliot L. Engel and House Democrats are working to protect the integrity of Special Counsel Robert Mueller’s investigation into the Trump-Russia ties by sponsoring legislation designed to insulate the Special Counsel from interference and arbitrary action by the President.

H.R. 3654, the Special Counsel Independence Protection Act, would limit the President’s ability to unilaterally end the Mueller investigation by requiring that a Special Counsel may be removed only upon the following conditions:
1. The attorney general files an action in federal district court in Washington, D.C., and files a contemporaneous action with the House Judiciary Committee and the Senate Judiciary Committee; and,
2. A panel of three federal judges sitting in Washington, D.C., finds removal appropriate based on a finding of misconduct, dereliction of duty, incapacity, conflict of interest or other good cause. 

“According to various reports, the President has already demonstrated his willingness to fire Robert Mueller, which would trigger a Constitutional crisis,” Engel said. “If the President is willing to go to those lengths to hide the truth surrounding the Trump-Russia scandal, then Congress has no choice but to act in defense of our Constitution and country by passing legislation to stop him.

“The Mueller investigation must be allowed to continue unimpeded, and House Republicans need to stop shielding the White House from scrutiny by stifling our efforts. Protecting the integrity of our country shouldn’t be a partisan issue. Yet right now we have a Republican party that is openly trying to discredit the FBI by releasing a highly misleading, dishonest memo, all for their own political gain. Their behavior is shameful and all the more reason why we must protect Robert Mueller and his team at all costs.”  

Wave Hill Events Feb 16‒Feb 23


This week, we celebrate Black History Month with an exceptionally lively Family Art Project, giving grown-ups and their kids—or grandkids, nieces or nephews!—an opportunity to use movement and sound and storytelling to mark this important moment in the calendar. This is also Presidents Week, and we encourage families to visit if they are off from school: Admission will be free for children ages 18 and younger, Tuesdaythrough Friday, February 20 through 23.

If you are Manhattan-bound mid-week, don’t miss the second in our 2018 Horticultural Lectures. Sarah Raven, flying in from her farm in East Sussex, will talk flowers. What a wonderful subject for mid-February in NYC! Don’t wait to purchase a ticket. I hear it’s almost sold out.


Sat, February 17    Family Art Project: Josephine Baker Dances Out the Winter Blues
In conjunction with Black History Month, celebrate the renowned entertainer Josephine Baker, famous for her activism and for refusing to perform for segregated audiences in the U.S. Make handmade musical instruments and join visiting storyteller Channie Waites, who reinterprets Jazz Age Josephine, by Jonah Winter, through interactive movement and sound. Interactive storytelling at noon. Free, and admission to the grounds is free until noon
WAVE HILL HOUSE, 10AM‒1PM


Sun, February 18    Family Art Project: Josephine Baker Dances Out the Winter Blues
In conjunction with Black History Month, celebrate the renowned entertainer Josephine Baker, famous for her activism and for refusing to perform for segregated audiences in the U.S. Make handmade musical instruments and join visiting storyteller Channie Waites, who reinterprets Jazz Age Josephine, by Jonah Winter, through interactive movement and sound. Interactive Storytelling at noon. Free with admission to the grounds. 
WAVE HILL HOUSE, 10AM‒1PM


Sun, February 18    Garden Highlights Walk
Join a Wave Hill Garden Guide for an hour-long tour of seasonal garden highlights. Free with admission to the grounds.
MEET AT PERKINS VISITOR CENTER, 2PM

Mon, February 19
Closed to the public.


Tue‒Fri, February 20‒23    Presidents Week
Admission to the grounds is free to children ages 18 and younger.


Wed, February 21    Sarah Raven: The Cutting Garden
An inspirational and passionate teacher and award-winning author, Sarah Raven has been running cooking, flower arranging, growing and gardening courses at Perch Hill—her farm in East Sussex—and across England, since 1999. Her talk is all about how to prepare, plant, maintain and harvest buckets of flowers from your garden—from March to November—with her best sowing and growing techniques. Raven has written forThe Saturday Telegraph, Country Living, Gardens Illustrated, The English Garden and more. Wave Hill’s annual horticultural lecture series is held at the New York School of Interior Design. Three-lecture series: $60/$50 Wave Hill Member or student. Individual tickets: $25/$20 Wave Hill Member or student. Seating is limited, and advance reservations are recommended, online at wavehill.org beginning November 15. The final lecture of the series takes place on March 21, when Timothy Young focuses on the archival legacies of several 20th-century writers and artists who built gardens, including Vita Sackville-West, Robert Dash and Rupert Barneby and Dwight Ripley.
NEW YORK SCHOOL OF INTERIOR DESIGN, 6‒7:30PM


A 28-acre public garden and cultural center overlooking the Hudson River  and Palisades, Wave Hill’s mission is to celebrate the artistry and legacy of its gardens and landscape, to preserve its magnificent views, and to explore human connections to the natural world through programs in horticulture, education and the arts.

HOURS  Open all year, Tuesday through Sunday and many major holidays: 9AM–4:30PM, November 1–March 14. Closes 5:30PM, starting March 15.

ADMISSION  $8 adults, $4 students and seniors 65+, $2 children 6–18. Free Saturday and Tuesday mornings until noon. Free to Wave Hill Members and children under 6.

PROGRAM FEES  Programs are free with admission to the grounds unless otherwise noted.

Visitors to Wave Hill can take advantage of Metro-North’s one-day getaway offer. Purchase a discount round-trip rail far and discount admission to the gardens. More at http://mta.info/mnr/html/getaways/outbound_wavehill.htm

DIRECTIONS – Getting here is easy! Located only 30 minutes from midtown Manhattan, Wave Hill’s free shuttle van transports you to and from our front gate and Metro-North’s Riverdale station, as well as the W. 242nd Street stop on the #1 subway line. Limited onsite parking is available for $8 per vehicle. Free offsite parking is available nearby with continuous, complimentary shuttle service to and from the offsite lot and our front gate. Complete directions and shuttle bus schedule at www.wavehill.org/visit/.

Information at 718.549.3200. On the web at www.wavehill.org.

STATEMENT FROM BOROUGH PRESIDENT DIAZ RE: Mayor de Blasio's Plan to Replace NYCHA Boilers


"Mayor de Blasio's announcement today is cold comfort for the tenants of NYCHA, as it does nothing to accelerate the timeline of the procurement process. Even on the most optimistic schedule the city will have a different mayor when these new boiler installations are completed. 

"We cannot afford to wait any longer to make critical, long overdue repairs. NYCHA must issue an emergency declaration and take the necessary steps to cut through the red tape of the procurement process and replace broken boilers faster. This heat crisis is a dire health emergency, and it requires an immediate, permanent solution," said Bronx Borough President Ruben Diaz Jr.

EDITOR'S NOTE:

After questioning Mayor Bill de Blasio about the sad conditions at many NYCHA housing developments as to why residents have to wait over five years to have their broken refrigerators, and stoves replaced, we agree with Bronx Borough President Ruben Diaz Jr. that the city can not afford to push these repairs off any longer. 
However we go one step further in calling for something that has not be happening the past four years of the de Blasio administration, and that is accountability. If the mayor believes that the chair of NYCHA is doing her job well, then maybe she should stay and the mayor should resign.
 

BOROUGH PRESIDENT DIAZ CO-HOSTS 2018 HIP-HOP ELEMENT AWARDS


This year's honorees included Grammy award-winner Swizz Beatz, Big Daddy Kane, Doug E. Fresh, Kool DJ Red Alert, and "Street Soldiers" Lisa Evers

Ruben Diaz Jr.

On Tuesday, January 30, 2018, Bronx Borough President Ruben Diaz Jr. and Windows of Hip Hop co-hosted the annual 2018 Hip-Hop Element Awards at Pier 132 in The Bronx.
 
The event honored those musical luminaries who have promoted the Bronx-born phenomenon known as hip-hop and advanced the culture forward by instilling civic mindedness and giving back to the community.

This year's honorees included Grammy Award-winner Swizz Beatz; hip-hop icons Big Daddy Kane and Doug E. Fresh; and “Street Soldiers” and FOX 5 news reporter and media personality Lisa Evers. Legendary New York City DJ and groundbreaking radio personality, Kool DJ Red Alert, received The Hip-Hop Element Award Lifetime Achievement Award; as well as a performance by Bad Boy Entertainment/Epic Records’ artists CYN.

“Whether you listen to Lil Uzi Vert or Migos; or you came up rocking to the sounds of Biggie Smalls and Fat Joe; or you grew up on Big Daddy Kane and Doug E. Fresh; this global phenomenon that is called hip-hop was birthed in our great borough,” said Bronx Borough President Ruben Diaz Jr. “The genre has grown to the point where it now influences mainstream pop culture. You see hip-hop’s influence everywhere, in all aspects of society; whether it’s Cardi B’s swagger making red-bottom Louboutin shoes highly popular, Kendrick Lamar’s powerful performance at the Grammys, Fat Joe using his resources to help us help Puerto Rico in their time of greatest need; or Jay-Z sitting down with CNN’s Van Jones to discuss the state of politics under the Trump presidency; you can see the impact this genre has left on pop culture. But make no mistake; there is no Migos, or Jay-Z, or Kendrick without pioneers like the ones we have honored tonight.”

Windows of Hip Hop (WoHH), who co-hosted the event with the borough president, is a non-profit, economic development project that promotes educational, communal, and historical perspective of hip-hop.
 
“This award, to me, is way beyond my Grammy Award,” said Swizz Beatz. “This award comes from the heart of hip-hop.”
 
“This is always a blessing to be recognized while you’re alive, a lot of us wait until someone passes away to recognize,” said Doug E. Fresh. “This is what life is all about, this is the celebration of life. These awards, people giving us things, people showing us appreciation, the times that you spend with your family, we’ll never forget these moments.”
 
“I’m not one of the originators of this, I came after them;” said Big Daddy Kane, “But I’m a student. To be on this stage, with them, it’s truly an honor.”

“I’m privileged and honored to accept this award,” said Kool DJ Red Alert. “We do what we love in life. We could have chosen anything else in life. But we stuck to what we love doing, and [hip-hop] took us around the world. In order for our elders to see around the world, they had to be in the service. Music took us around the world. Two turntables took me around the world.”
 
“I want to thank all the hip-hop legends who are here,” said Lisa Evers. “I remember Swizz Beatz coming up to The Polo Grounds, supporting ‘Street Soldiers’ early on; and DJ Red Alert supporting me; and everyone who schooled me in the hip-hop community; and also supported all our of initiatives.”

The Bronx Chamber of Commerce invites you to a Valentine Networking Party