Michael Blake - Update on Ballot Count & Next Steps

Dear Supporters, Allies & Interested Parties,

First and foremost, THANK YOU!! Thank you for your calls of support, text messages, e-mails, prayers and even your corny and lame jokes. Your support means more to me than you could ever know. I want to provide you with a short update on the Unsettled status of the primary election and our next steps.

1. Every Vote Must Be Counted

As you know, based on the in-person votes cast, we are currently in 2nd place, trailing only by about 4,500 votes. But, that number doesn’t tell the full story:

 

• 18,948 Absentee Ballots have been returned in CD15 that have NOT been counted - That's almost 50% of all votes cast on Election Day and through Early Voting.
• 3,828 of the Absentee Ballots returned are from the 79th Assembly District, which I represent. 
• There is also an unknown amount of uncounted Affidavit Ballots, which we believe is in the thousands.  

We anticipate the Board of Elections will begin counting the valid unopened Absentee and Affidavit Ballots this weekend. Learn more here. 

We must be extremely vigilant that all votes are counted. For example, the NYC Board of Elections has determined that a ballot that doesn't have a postmark and is received after June 24th likely won't be counted. Thus, the eligible total number of Absentee Ballots could be significantly reduced from 18,948. You may read this story for more details.

With respect to the Affidavit Ballots (also called provisional ballots in some locations), as noted above, we believe the likely total will be in the thousands. Note: If a Registered Democrat voted at the correct polling place but, for whatever reason, voted in the wrong Election District (otherwise known as a Precinct in other places), that vote should count. This reality increases the number of potential ballots to be counted.

As mentioned, we anticipate that ballot review within our District of Absentee and Affidavit Ballots will begin this weekend. The Board of Elections will count two (2) Assembly Districts at a time/likely only two per day until the count is completed. Remember, we have seven (7) Assembly Districts within our Congressional District.  Our Assembly District (79th) has the second highest total of returned Absentee Ballots.

We will be allowed to have two representatives from our campaign present per table. If you or any other Registered Democrat in New York is willing to count and review ballots with us, please contact: laura@blakeforcongress.nyc so we can slot you into a shift.

2. Fundraising Continues

We are still seeking campaign donations so that we can cover legal expenses as we continue with this initial count of ballots and address outstanding primary campaign expenses. The same donation limits apply from the primary election. Please use this link to donate.

3. Tell The Story

Please let people know that this process is not complete, as we could have at least 20,000 ballots to be counted here. But, please also share that this Electoral process, including the oversight, must be improved IMMEDIATELY and certainly before November. We should know how many Affidavit Ballots were cast, have a clear timeline of when all ballots will be counted, not have changes AFTER an election while results are unsettled, get clear answers about polling place changes, and have transparency. Lastly, we have filed in Court to ensure that every valid ballot is counted and to address any unintentional or intentional Voter Suppression.

Please let us know if you have any questions or wish to be involved. Let's continue to help our people as we wait on results and continue pressing forward. Thank you for continuing to #BelieveInTheBx.

Michael

BP Diaz, Bronx Tourism Council & BronxNet Debut 'The Best of The Bronx Summer Concert Series' On Bronxnet Television.

On Sunday, July 12, 2020, the office of Bronx Borough President Ruben Diaz Jr., in collaboration with The Bronx Tourism Council and BronxNet will debut the telecast of "The Best of The Bronx Summer Concert Series."

Originally slated to take place from July through August at “The Bronx Riviera,” due to the gathering restrictions caused by the COVID-19 pandemic, BronxNet will air the best performances from The Bronx Summer Concert Series Salsa Fest that have taken place over the years.

“The Bronx has such rich musical history," said Bronx Borough President Ruben Diaz Jr. "As the birthplace of so many genres, from doo-wop to hip-hop to salsa, the 'The Bronx Summer Concert Series' has always had a special place in my heart. Orchard Beach’s Salsa Fest beautifully captures the unique flavor that makes The Bronx ‘El Condado de la Salsa,’ and while we would have loved to have hosted our 5th Annual Bronx Summer Concert Series, the safety of our residents takes priority as we continue to work together to not only flatten the curve, but eliminate COVID-19.”

Over the past five years, The Bronx Summer Concert Series has featured a wide-ranging variety of legendary artists - from The Mambo Legends Orchestra to Los Hermanos Moreno, as well as the best local talent and Bronx dance teams.

The virtual "Best of The Bronx Summer Concert Series" will be televised on BronxNet TV (channel 67 on Optimum / channel 33 on Verizon Fios) and streaming on BronxNet.TV every Sunday, from July 12 to August 30, launching with the 2018 Kickoff featuring N’Klabe and Coro.

BronxNet’s lineup includes:

• July 12: Bronx Summer Concert Series 2018 Kickoff - N’Klabe and Coro
• July 19: Bronx Summer Concert Series 2019 - Raulin Rosendo, Raul Acosta, and Oro Solido
• July 26: Bronx Summer Concert Series 2019 - Tipica 73 and Hector Tricoche
• August 2: Bronx Summer Concert Series 2017 - Ismael Miranda and TKA
• August 9: Bronx Summer Concert Series 2018 - Ricardo Jerome & The Fusion Band, The Everything Covered Band, and Fuerza Positiva
• August 16: Bronx Summer Concert Series 2019 - The Mambo Legends Orchestra
• August 23: Bronx Summer Concert Series 2019 - Tony Vega & Bronx Charanga
• August 30: Bronx Summer Concert Series 2016 -  Los Hermanos Moreno and Willy Valentin y Su Orquesta

“I want to thank The Bronx Tourism Council and BronxNet for helping put together these telecasts, showcasing the best performances that have made Orchard Beach a must-see summertime destination spot, not just for the borough but for the entire city of New York,” said Borough President Diaz Jr.

“We look forward to celebrating Bronx Salsa Fest together in the future, but in the spirit of keeping our brand alive, we are also offering some virtual activities in addition to the previous concerts being aired,” said Olga Luz Tirado, Executive Director of The Bronx Tourism Council. "Though, for now, we are keeping a safe distance, I am confident that we will dance together again!”

“BronxNet broadcasts programs that celebrate The Bronx as a cultural capital and nexus of the arts, said BronxNet Executive Director Michael Max Knobbe. “Through our longstanding partnership with the Bronx Borough President and The Bronx Tourism Council we are proud to broadcast the Bronx Summer Concert Series on BronxNet TV.”

DO NOT GET TESTED BY BIOREFERENCE - MAYOR DE BLASIO ANNOUNCES HYPER-LOCAL COVID-19 RESPONSE AND COMMUNITY TESTING PARTNERSHIPS

(Bio Reference will not give you your test results unless you agree to their terms which include that your personal information is not secure because they use third parties.)

Mayor de Blasio today announced a hyper-local plan to prevent the spread of COVID-19. To engage communities hardest hit by the virus, the City will deploy resources and supportive services into neighborhoods where data shows low testing rates and a high percentage of positive tests. The City will also provide 10 million dollars in grants to community-based organizations—ranging from $50,000 to $750,000—in these hard hit areas to encourage the communities they serve to get tested and engage with contact tracing.

"Widespread testing and tracing is the key to re-opening our city safely, but that only works if we have the participation of all of our neighbors,” said Mayor Bill de Blasio. “We are making testing as fast and convenient in the neighborhoods that need it most to ensure New Yorkers have the tools they need to protect themselves and their loves ones."

Beginning first in the 10457 zip code in Tremont, Bronx, response teams will aim to test at least 2,500 people across the zip code over the next two weeks. Those who test positive will be connected to supportive services, and close contacts of these cases will be identified.

On-site resource navigators are stationed at rapid testing sites across the community, to immediately connect people with services, including hotel rooms if needed:

St. Simon Stock Church

2191 Valentine Avenue

Monday-Saturday: 11:00AM – 8:00 PM

Sunday: 9:00 AM – 8:00 PM 

Note this site will be available until 7/22

H+H Community Health Center

4006 3rd Avenue

Hours: 9-7pm 7 days a week. 

Note this site will provide testing until 7/19

St. Barnabas Hospital (by appointment)

4487 3rd Avenue

Monday - Friday 1:00 PM-5:00 PM

To get a COVID test, call 718-960-3730 for an appointment; responders are bi-lingual; all individuals entering the ambulatory site should wear a face covering.

BronxCare Testing Site

1650 Grand Concourse

Monday – Friday, 9:00 AM-5:00 PM

For appointments, call 718-99-BRONX (718-992-7669).

Mobile Testing Sites

Echo Park

North Entrance, between East Burnside and Valentine Avenues

Mon-Fri: 10:00AM-4:00 PM

Dates: July 6-10

Masjid Adam

2263 Crotona Avenue

Wed-Fri 10:00 AM-3:00 PM

Dates: July 8-10

Claremont Park

Southern Entrance

Mon-Tues 11:00 AM-4:00 PM

Dates: July 13 and 14

The City will also open new, COVID-19 pop up sites in the coming days:

Red Hook, Brooklyn 151 Bay Street July 10

Co-Op City, Bronx 105 Drieser Loop July 22

New Yorkers looking to get tested should text COVID TEST to 855-48 or visitNYC.gov/COVIDTEST

Multiple mobile locations in Manhattan will also be announced next week.

The City’s Test & Trace Corps is the City’s comprehensive effort to test, trace, and treat every case of COVID-19. Through a partnership between the Department of Health and Mental Hygiene and NYC Health + Hospitals, the Corps allows the City to immediately isolate and care for those who test positive for the virus, and then rapidly track, assess, and quarantine anyone they came into contact with who they may have infected. Additional information, including program metrics and progress to-date, is available here.

MAYOR DE BLASIO ANNOUNCES CANCELLATION OF LARGE EVENTS THROUGH SEPTEMBER 30TH

  Mayor Bill de Blasio today announced that large events requiring a city events permit will be canceled through September 30th as the City works to prioritize open spaces for public use. The City will not issue a permit for any event in a location that interferes with the Open Streets or Open Restaurants program. Permits will also be denied for all events larger than one block, stage/video events that require amplification, street fairs, and events in parks that may unreasonably diminish public use. The City will refund or defer fees paid in connection with a denied permit.

"As New York has begun its reopening process, accessible open spaces are more important than ever," said Mayor Bill de Blasio. "While it pains me to call off some of the city's beloved events, our focus now must be the prioritization of city space for public use and the continuation of social distancing." 

Events that do not conflict with Open Streets or Open Restaurant areas and are for locations one city block or smaller can still apply for a permit. The Mayor's Executive Order will require all permit applicants to outline their plan to reduce the risk of transmission of COVID-19 at the event site and clean the event space both during and after the event. Applicants will be expected to address these concerns without utilizing City services, personnel and resources. Demonstrations, religious events, and press conferences will be exempt from the Executive Order and may receive permits. This Executive Order will help ensure social distancing, allow for greater public use of open space, address traffic flow concerns, and allocate City resources efficiently.

Acting Manhattan U.S. Attorney Announces Charges Against Nurse Practitioner For Illegally Distributing Oxycodone From Bronx Clinic

  Audrey Strauss, the Acting United States Attorney for the Southern District of New York, Raymond P. Donovan, the Special Agent-in-Charge of the New York Field Division of the Drug Enforcement Administration (“DEA”), and Dermot Shea, Commissioner of the New York City Police Department (“NYPD”), announced today the unsealing of a criminal Complaint in Manhattan federal court charging PURIFICACION CRISTOBAL, a nurse practitioner who operated a medical clinic in the Bronx, New York, with illegally distributing large quantities of oxycodone.  CRISTOBAL was taken into custody this morning and is expected to be presented before Magistrate Judge Sarah Netburn later today.

Acting U.S. Attorney Audrey Strauss said:  “As alleged, Purificacion Cristobal wrote prescriptions for highly addictive and potentially lethal opioids not based on medical necessity but on the payment of cash ‘gratuities’ by the ‘patients.’”

DEA Special Agent-in-Charge Raymond P. Donovan said:  “This investigation reiterates that drug traffickers can hide in plain sight, as was allegedly done by Purificacion Cristobal, a nurse practitioner who worked at a medical clinic in the Bronx.  Allegedly, Cristobal enabled opioid users by writing hundreds of unnecessary prescriptions, putting tens of thousands of oxycodone tablets into unsupervised hands.  Law enforcement is committed to identifying drug traffickers at all levels to keep our communities safe from the dangers of drug abuse, drug addiction, and drug-related violence.”   

NYPD Commissioner Dermot Shea said:  “These charges represent an alleged betrayal of medicine and the law for an illegal profit.  They highlight law enforcement’s ongoing commitment to investigate and prosecute anyone charged with illegally peddling opioids.”

According to the allegations in the Complaint unsealed today in Manhattan federal court:[[1]]

Since June 2019, PURIFICACION CRISTOBAL has illicitly diverted large quantities of oxycodone, unlawfully writing numerous prescriptions resulting in the distribution of tens of thousands of oxycodone pills to individuals she knew had no legitimate medical need for the pills.  In exchange for these prescriptions, CRISTOBAL and her staff at the Bronx clinic received cash payments or “gratuities” from the purported patients.

As alleged in the Complaint, CRISTOBAL, a certified nurse practitioner, operated a medical clinic in the Bronx.  Despite being certified to practice in psychiatry, family medicine, and pediatrics, CRISTOBAL regularly wrote more than 100 prescriptions for oxycodone per month, including prescriptions for some of the staff in her practice.  In total, from January 2019 to June 2020, CRISTOBAL wrote over 1,700 prescriptions for oxycodone, accounting for over 140,000 oxycodone tablets.

As detailed in the allegations set forth in the Complaint, CRISTOBAL performed little to no physical examination on purported patients receiving oxycodone prescriptions.  For example, on one occasion, without having performed any examination, CRISTOBAL asked a patient to choose which prescription drugs the patient preferred.  On another occasion, CRISTOBAL prescribed oxycodone after confirming it was the patient’s “favorite” drug.  CRISTOBAL even sometimes wrote prescriptions for oxycodone when the patients did not ever enter the clinic for a visit, so long as they paid the cash fees due for the illicit oxycodone.

PURIFICACION CRISTOBAL, 73, of Lyndhurst, New Jersey, is charged with one count of participating in a conspiracy to illicitly distribute narcotics, which carries a maximum sentence of 20 years in prison.  The maximum potential penalty is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.

Ms. Strauss praised the outstanding investigative work of the DEA’s New York Tactical Diversion Squad, which comprises agents and officers from the DEA, the NYPD, the New York State Police, New York State Department of Financial Services, New York National Guard, New York City Department of Investigation, and New York State Department of Health Bureau of Narcotics Enforcement.

The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

[1] As the introductory phrase signifies, the entirety of the text of the Complaint, and the description of the Complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation.

Governor Cuomo Announces New York State Will Decide on Fall School Reopening During the First Week of August

County Fairs Canceled Until Further Notice

Malls Can Open in Phase IV Regions Beginning Friday Only with Enhanced HVAC Systems 

State to Provide Masks and Hand Sanitizer for Distribution on Fire Island

Long Island Enters Phase IV of Reopening Today

1.2 Percent of Yesterday's COVID-19 Tests were Positive

11 COVID-19 Deaths in New York State Yesterday 

Confirms 692 Additional Coronavirus Cases in New York State - Bringing Statewide Total to 398,929; New Cases in 42 Counties

  Governor Andrew M. Cuomo today announced that New York State will decide whether schools will reopen in the fall during the first week of August. New York State is now consulting with stakeholders on guidance, which will be finalized on July 13. Plans to reopen schools are due on July 31. 

The governor also announced that all county fairs will be canceled until further notice out of an abundance of caution. Governor Cuomo previously announced that the New York State Fair will be canceled this summer.

Statement from Speaker Corey Johnson on de Blasio Administration’s Plan To Open NYC Schools in 2020-2021 Academic Year

 “The plan outlined by the Mayor and Chancellor to reopen schools this September does little to alleviate parents’ concerns about child care for students when they are not physically in school. Abbreviated schedules and no afterschool means many parents can’t work. Sadly, we know that this will disproportionately hurt women who are too often pushed out of the workforce because they must choose between watching children or working. Not everyone has an understanding, flexible employer and the ad hoc plans released by the Department of Education (DOE) will fuel inequity if child care concerns are not addressed in a meaningful way.  I was pleased to hear that day care centers are allowed to open next week for our very young children, but we need a coordinated plan to keep all our children safe and healthy this fall. That is what working families need. The Council will continue to have conversations with the Administration, and I urge the Mayor and Chancellor to come up with innovative solutions to address child care options while prioritizing public health and safety.”

Attorney General James Releases Preliminary Report on Investigation into NYPD Interactions with Protesters

Report Provides In-Depth Accounts of Interactions;

Recommendations for Systemic Reforms at NYPD

AG’s Office Will Issue Final Report with Findings, Additional Recommendations

  New York Attorney General Letitia James today released a preliminary report into her office’s ongoing investigation into the New York City Police Department’s (NYPD) response to recent protests. This preliminary report includes an in-depth account of the interactions that occurred between NYPD and protesters between late May and June. It also includes recommendations for systemic police reforms in light of the clear breakdown of trust between the police and the public, including removing unilateral power from the NYPD Commissioner in favor of a commission. At the conclusion of the investigation, Attorney General James will issue a more detailed, final report with recommendations specifically related to NYPD’s conduct in policing the protests.

“While our investigation remains ongoing, after 30 days of intense scrutiny, it is impossible to deny that many New Yorkers have lost faith in law enforcement,” said Attorney General James. “We must bridge the undeniable divide between the police and the public, and this preliminary report, and the recommendations included, is an important step forward. We must begin the hard work of reevaluating the role of police in society and ensuring that there are mechanisms for public oversight, accountability, and input. Progress is possible, but, first, change and accountability are needed.”

Background

Following the killing of George Floyd in Minneapolis, thousands of protesters took to the streets across New York City to protest Mr. Floyd’s death, the killing of Breonna Taylor, and to also protest the larger pattern of unarmed, Black people being killed by the police, as well as decades of discriminatory policing.

After several evenings of violent clashes between NYPD and protesters, Governor Andrew Cuomo called on the Office of the Attorney General (OAG) to conduct a civil investigation into police misconduct during these incidents. Since May 30, OAG has received more than 1,300 complaints and pieces of evidence through a dedicated online portal and phone and email hotlines. Attorney General James also held a three-day public hearing with testimony from more than 100 protesters, community-based organizations, elected officials, and NYPD Commissioner Dermot Shea. In addition to the public testimony, OAG received more than 300 submissions of written testimony.

Overview of Arrests

• During the period of intense protests (May 28 – June 7), there were 2,087 protest-related arrests in New York City.
• Of those 2,087 arrested, 44 percent were white, 39 percent were Black, and 13 percent were Latino.
• Of those 2,087 arrested, 16 percent of Black protesters were charged with a felony, eight percent of Latino protesters were charged with a felony, and less than four percent of white and less than four percent of Asian protesters were charged with a felony.
• The vast majority of those charged with felonies were arrested on May 31, when there was widespread plundering of businesses.The vast majority of arrests between June 2 and June 6, the days of the 8:00 p.m. curfew, were made after 8:00 p.m., suggesting the curfew was a significant driver of arrests.

Recommendations

While OAG’s investigation into NYPD’s response to the protests remains ongoing, it is clear that real, meaningful reform cannot wait. This report contains an overview of proposed systemic changes that New York City, New York state, and NYPD should consider implementing to address the concerns of the public and to start building community trust:

Create Public Participation and Oversight of Department Policies and Leadership: It is imperative that the public has input and oversight into police policies and leadership. The NYPD must be overseen by a commission that has the authority to hire and fire NYPD leadership, including the Commissioner; has unfettered access to records; and approves NYPD’s budget. The NYPD must also be required to seek public input on any rule it changes or implements that impacts the public. This model takes unilateral power away from the Police Commissioner and ensures that the police are accountable to the public.

• Redesign Public Safety and the Role of Police in Society: The role of police in New York City must be examined and redesigned. Police have become the de facto response to many of society’s problems — including mental illness, homelessness, and school safety — and that must change. Minor offenses should be decriminalized with the goal of reducing negative contact with the police, particularly in communities of color. This effort should be led by a transparent commission with full-time staff and resources to determine how to remove armed officers from these scenarios and replace them with dedicated professionals with specialized training. This process will take time, but bureaucracy cannot stand in the way of progress. The commission should have no more than 12 months to prepare a roadmap, and the goal should be to transition these areas by 2023.

• Ensure Real, Independent Oversight, Accountability, and Transparency of Individual Officer Misconduct: The system to hold individual officers accountable must be both independent of NYPD and transparent to the public. To achieve this, the authority of the Civilian Complaint Review Board (CCRB) must be expanded and strengthened to have final disciplinary authority. Additionally, all police officers in New York should be certified through a process that allows for “decertifying” officers engaged in misconduct, preventing them from remaining a police officer or being rehired by another department in the state. The NYPD should create an open data portal and release body-worn camera footage to ensure that individual officer misconduct is truly transparent.

• Ensure Real, Independent Oversight, Accountability, and Transparency of Systemic Misconduct: To achieve full oversight of systemic issues within NYPD, the authority of the Office of Inspector General should be expanded, and the office should no longer report to the Commissioner of the Department of Investigation. Instead, it should report directly to the New York City Mayor and be a fully independent agency.

• Establish a Codified Use of Force Standard with Real Legal Consequences for Violations: Many of the standards related to officer use of force that are reflected in NYPD’s Patrol Guide are not codified in law, meaning disciplinary actions for use of force are ultimately determined by the Police Commissioner. Police officers must be held to uniform standards on use of non-lethal and deadly force and face meaningful consequences for violations. This establishes legal consequences for improper use of force, instead of a violation of the Patrol Guide, which is subject to internal consequences.

Areas of Concern and Continued Investigation

Since OAG commenced this investigation, the office has received more than 1,300 complaints and heard many accounts of concerning interactions with NYPD. The OAG will continue to investigate the following alleged protest-related practices and will recommend appropriate reforms or remedial measures to address any that violate the law and are contrary to policing best practices:

• Use of Force During the Protests: Most of the complaints OAG received were about allegations of NYPD officers using excessive force against protesters, including the seemingly indiscriminate use of batons and pepper spray, brandishing firearms at protesters, and pushing vehicles or bikes into protesters.

• Use of “Kettling” Tactic: The OAG received complaints about a tactic NYPD used whereby officers surrounded and blocked protesters, preventing them from leaving an area without making direct contact with police officers. According to witnesses, this practice often led to violent clashes between NYPD and protesters.

• Treatment of Press, Legal Observers, and Elected Officials: The NYPD has been accused of arresting and using force against credentialed members of the press and engaging in “catch and release” tactics to prevent press from fully reporting on their observations. The OAG will also examine whether NYPD is the appropriate entity to be in charge of issuing press credentials. Similarly, OAG heard testimony about NYPD’s alleged mistreatment of numerous elected officials and purported false arrests of legal observers.

• Treatment of Essential Workers: The OAG heard from witnesses alleging that on several occasions, NYPD arrested or mistreated essential workers, particularly during the period of the curfew.

• Arrest-Related Practices: The OAG received a significant number of complaints about troubling arrest-related practices, including, among others, using extremely tight zip ties to restrict hands, transporting protesters long distances to arrest processing centers, holding protesters for a significant amount of time after arrest, misgendering detainees, and holding protesters in cramped cells under unsafe conditions in light of the ongoing COVID-19 pandemic.

• Other Alleged Practices That Impair Community Trust: The OAG heard from witnesses and received evidence related to NYPD officers failing to wear personal protective equipment (PPE) during the protests and covering their identification information found on their badges. The OAG also received numerous complaints regarding several instances of officers allegedly using racist hand gestures directed at protesters.