Monday, April 16, 2018

News From Bronx District Attorney Darcel Clark


Cases of Interest for the Week of April 16, 2018

Monday, April 16, 2018
ADA
Judge
Part #
Status
Defendant Name
Case Details
Knoepfler, S.
Justice Barrett
60
Hearing & Trial

WILLIAM STANLEY
NYPD School Safety Officer charged in November of 2016 with Unlawful Imprisonment and additional crimes for arresting a Bronx man in retaliation for a dispute over a parking spot near an NYPD office in the Tremont section of the Bronx.

Tuesday, April 17, 2018
ADA
Judge
Part #
Status
Defendant Name
Case Details
Riesel, A.
Justice Barrett
60
Update
RANDOLPH PRICE
NYPD Sergeant charged with Vehicular Manslaughter in off-duty crash that killed rookie cop near City Island after an alleged night of drinking on Feb. 1, 2017.

Vallely, J.
Fabrizio
92
Sentencing
WILLIAM WHITFIELD
Former inmate to be sentenced for brutal slashing on NYC Department of Correction Officer in 2015. 
Connor, B.
Barrett
60
Conference  
RICHARD EVANS
NYPD officer charged with Official Misconduct and four counts of Operating a
Vehicle While Under the Influence of
Alcohol for driving while intoxicated while
he was on duty and responding to a police
call in the 52nd Precinct.

Wednesday, April 18, 2018
ADA
Judge
Part #
Status
Defendant Name
Case Details
Irace, P.
Barrett
60
Sentencing
Jason Polanco
Defendant to be sentenced after being convicted of Robbery, Assault and other crimes for shooting and injuring two NYPD officers in a spree of two robbery incidents in 2015.
Kiok, J.
Yearwood
18
Sentencing
Vinod Patel
Bronx man to be sentenced after pleading guilty to Promoting Prostitution in the Bronx.


Thursday, April 19, 2018
ADA
Judge
Part #
Status
Defendant Name
Case Details
Schordine, M.
Michels
77
Hearing & Trial
Taha Mahran
Charged with Murder and Manslaughter for allegedly fatally stabbing his tenant, Zakir Khan, over unpaid rent stemming nine months.
Mendys, N.
Neary
70
Jury Selection 
WILLIAM CARUTHBronx dad charged with Murder in the alleged killing of his pregnant daughter in 2016. 


Friday, April 20, 2018
ADA
Judge
Part #
Status
Defendant Name
Case Details
Schordine, M.
Alvarado
17
Sentencing

JASON REID
Inmate to be sentenced after pleading guilty to role in Thanksgiving Day assault of a city jail captain.

Please note: All court proceedings are scheduled for after 9:30 a.m. at 265 East 161st Street, the Hall of Justice, Bronx Supreme Court unless otherwise specified.

Bronx Jewish Community Council - Volunteer Recognition Breakfast: Don't Forget to Sign Up



MORE ABOUT OUR HONOREES:

SENATOR ABRAHAM BERNSTEIN MEMORIAL AWARD
HON. JOSEPH CROWLEY
UNITED STATES CONGRESS, 14TH DISTRICT

BLANCHE COMRAS RIFKIN COMMUNITY SERVICE AWARD
49TH PRECINCT COMMUNITY COUNCIL, NYPD
This volunteer-led organization helps to cement the bonds between individuals, community groups, and the 49th Precinct in the Pelham Parkway Area.

COMMUNITY SERVICE AWARD

JANE CHANEY
Jane is our long time clerical volunteer and receptionist at BJCC's
West Bronx Housing office.

STEVEN GLOSSER
A lifelong resident of this area, Steve currently utilizes his experience in marketing as an active participant in leadership of the Pelham Parkway Neighborhood Association and three local synagogues.

DR. REBECCA KOBRIN, ARIELA, SIMONE AND EITAN FEINBLUM
Rebecca and her children have volunteered at the BJCC Dreydl Ball for the past six years.

MARC KARELL, NEIL SCHWARTZREICH AND LARRY THAUL
Otherwise known as 'the three musketeers' have carried Project HOPE packages to our clients on the Grand Concourse for over fifteen years.

DIANE ROSEN
Diane has been a dedicated 'Friendly Visitor' to a 'Friend at Home' BJCC client
for more than fifteen years.

WESTCHESTER DAY SCHOOL
Our dear and valued friend, WDS has packed and delivered Project HOPE packages for seventeen years, hosted food collections, and conceived and initiated the Kindergarten Tzedakah and Shopping Project that sends monthly donations to our Food Pantry.

BRONX BP RUBEN DIAZ JR. 
HOSTS TOWN HALL
“ENOUGH IS ENOUGH” 
/ “¡NI UNA MUERTE MÁS!” FORUM

The Bronx Young Democrats Annual Spring Gala

THE MAYOR’S PUBLIC ENGAGEMENT UNIT – APRIL BRONX EVENTS SCHEDULE


THE CITY OF NEW YORK
MAYOR’S PUBLIC ENGAGEMENT UNIT

  Throughout April, Mayor de Blasio’s Public Engagement Unit has events planned citywide to help New Yorkers access resources and information from the Tenant Support Unit, Home Support Unit, and GetCoveredNYC. Follow @MayorsPEUon Twitter for more updates and details on events.

The Tenant Support Unit engages and provides assistance to New Yorkers who may be at risk of displacement or experiencing harassment in zip codes covered under the Human Resources Administration (HRA)’s Anti-Harassment Tenant Protection legal service funding. In addition, TSU proactively engages New Yorkers who may be eligible for the Department of Finance’s Rent Freeze benefits to assist them through the application process. Outreach specialists go door to door to inform tenants of their rights, identify any housing-related issues and connect them with a range of resources, such as anti-eviction legal assistance, to keep them in their homes. In addition, outreach specialists’ partner with elected officials and community groups to hold weekly office hours and attend local events.

The Home Support Unit partners with landlords and brokers to identify apartments for clients transitioning out of shelter with rental subsidies. HSU partners closely with the Human Resources Administration, the Department of Homeless Services (DHS), and community-based providers to match prospective tenants to apartments, coordinate viewings, and navigate landlords and brokers through the City’s leasing process. Specialists remain engaged with the landlord even after lease signing to ensure new tenants are supported and have access to resources that help them remain stably housed.

GetCoveredNYC is a city-wide initiative to enroll New Yorkers in health insurance and provide them with access to primary and preventive care at NYC Health and Hospitals. The initiative is a partnership between NYC Health and Hospitals, Department of Health and Mental Hygiene, Human Resources Administration and MetroPlus. The initiative includes a robust team of outreach specialists, who proactively go door to door and call uninsured New Yorkers to discuss their health insurance options, schedule them for free in-person enrollment assistance and case manage them through the enrollment process. In addition, the initiative runs a city-wide public information campaign to promote the importance of coverage and how New Yorkers can receive free in-person enrollment assistance, either in-person or over the phone by calling 311 or texting ‘CoveredNYC’ (‘SeguroNYC’ in Spanish) to 877877.

For more information on these programs and services, New Yorkers can call 311 or visit www.nyc.gov.

The Bronx

April 19, 20, 26 & 27
NYC Health + Hospitals/North Central Bronx
9:00 A.M. – 5:00 P.M.
(GetCoveredNYC)

April 20 & 27
NYC Health + Hospitals/Lincoln
234 East 149th Street
Bronx, NY 10451
9:00 A.M. – 5:00 P.M.
(GetCoveredNYC)

April 18
Tenant Resource Fair
406 East 184th Street
Bronx, NY 10458
9:00 A.M. – 1:00 P.M.
(GetCoveredNYC)

April 18
Office of Borough President Diaz Jr.
10:00 A.M. – 1:00 P.M.
(Rent Freeze)

April 19 & 26
NYC Health + Hospitals/Jacobi
9:00 A.M. – 5:00 P.M.
(GetCoveredNYC)
  

MAYOR DE BLASIO ANNOUNCES DEPARTMENT OF CORRECTION WILL HOUSE INCARCERATED INDIVIDUALS ACCORDING TO GENDER IDENTITY


NYC Commission on Human Rights worked with NYC Department of Correction on policy reforms to house inmates safely and according to their gender identity in compliance with federal, state, and local laws

  Mayor de Blasio announced that the NYC Department of Correction will house inmates consistent with their gender identity. In addition, DOC is working with the NYC Commission on Human Rights to maintain the Transgender Housing Unit as an additional safe housing option for transgender inmates. DOC will also continue to conduct individualized risk assessments of inmates when assigning safe and gender-affirming housing options to provide for the health and safety of inmates and DOC staff.

Today’s announcement follows recent efforts by CCHR to ensure that DOC’s housing policies are consistent with Executive Order No. 16, issued by Mayor Bill de Blasio in March 2016, which requires that City agencies permit people to use single sex facilities consistent with their gender identity, as well as applicable state and federal law. CCHR is giving DOC six months to implement this policy in a recent modified exemption to DOC. New York City becomes one of the first major cities in the nation to commit to housing inmates according to their gender identity. 

“It’s the city’s responsibility to protect the rights and safety of all New Yorkers, and that means protecting transgender individuals in city jails as well. New York City is one of the first major cities to commit to taking this step, and it’s crucial to ensuring all our facilities are welcoming and safe for all New Yorkers, no matter their gender identity,” said Mayor de Blasio.

“With today’s announcement, New York City takes another important step to protect the rights, dignity and safety of transgender and gender non-conforming people, and it is our hope that cities across the country will follow our lead,” said First Lady Chirlane McCray. “Keeping transgender and gender non-conforming New Yorkers safe, wherever they are, is the City’s responsibility– whether they are in city custody or walking through their own neighborhoods.”

“No one should feel unsafe for being who they are. Housing incarcerated individuals consistent with their gender identity is not only about dignity and respect but an important recognition of the unique challenges and vulnerabilities transgender and gender non-conforming individuals face in corrections facilities nationwide,” said Chair and Commissioner of the NYC Commission on Human Rights Carmelyn P. Malalis. “We are proud that today’s announcement shows NYC’s strong commitment and leadership to protect the rights and safety of transgender and gender non-conforming individuals and we look forward to continuing our work with the Department of Correction and advocacy organizations to implement these policies which are paramount to ensure inmates can engage in steps to rebuild their lives.”

“The department is committed to safely housing inmates in a way that considers an individual’s transgender identity and maintaining a humane and safe jail system for all New Yorkers,” said DOC Commissioner Cynthia Brann.

Susan Sommer, General Counsel for the Mayor's Office of Criminal Justice, said, "This announcement advances New York City's commitment to protecting transgender people in custody and making our correctional facilities safer for everyone. This is an honorable moment in our City."


In March 2016, Mayor de Blasio issued Executive Order No. 16 which required City agencies to allow employees and members of the public to access City single-sex facilities consistent with their gender identity without being required to show identification, medical documentation, or any other form of proof or verification of gender. While the DOC initially received a temporary and partial exemption from CCHR from the requirements of this EO as they relate to housing, CCHR modified its exemption this week after further analysis and with input from DOC.

In its modified exemption, CCHR finds that DOC must provide housing to inmates consistent with their gender identity unless the outcome of an individualized safety assessment as required by The Prison Rape Elimination Act (PREA) or the expressed preferences and safety concerns of the inmate require alternate housing. PREA is a federal law passed in 2003 to address sexual violence in prisons which requires correctional institutions to make individualized assessments of all inmates to determine the safest place to house them. Factors considered in an individualized assessment include whether inmates are perceived to be gay, lesbian, bisexual, transgender, intersex, or gender nonconforming; their previous experience of sexual assault; their own perception of vulnerability; their gender identity and whether they identify as male, female, or non-binary; and any prior acts of sexual abuse, prior convictions for violent offenses, and history of prior institutional violence or sexual abuse. 

CCHR’s modified exemption gives DOC six months to implement this policy. Over the next six months, DOC will provide bi-monthly progress reports to CCHR.

Today’s announcement is a part of New York City’s broader effort to protect and advance the rights of transgender and gender non-conforming individuals. In addition to the Mayor’s Executive Order No. 16, CCHR:  


·  issued legal enforcement guidance in 2015 to make clear what constitutes gender identity and gender expression discrimination under the NYC Human Rights Law, making it one of the strongest laws in the nation in protecting the rights of transgender and gender non-conforming individuals;

·  launched “Look Past Pink and Blue: Be You NYC”, the first-ever municipal media campaign on equal bathroom access;

· vigorously investigates claims of gender identity discrimination citywideGender-based discrimination made up the third largest area of complaint at the Commission in 2017; and

·  implements citywide training, created jointly with The LGBT Center in early 2016, on trans identity and best practices for working with transgender and gender non-conforming communities. CCHR has so far trained 24 City agencies, businesses, non-profit and law enforcement entities citywide.

For more information on the Commission and to report gender identity discrimination, visit NYC.gov/HumanRights or call 718-722-3131.

“Housing people in accordance with their gender identity will increase safety and dignity in the jails and will help bring DOC into compliance with the Board’s Minimum Standards on the prevention of sexual abuse. We applaud the City’s renewed commitment to these efforts. The Board’s recent report on the DOC Transgender Housing Unit shows the urgent need for additional safe housing options for transgender people in custody and makes recommendations for improved conditions and operations in the unit,” said Martha King, Executive Director of the NYC Board of Correction.

What you should know By The Councilman Rev. Ruben Diaz District 18 County Bronx, New York


The Last Four Latino elected officials left from the “Old Guard”
  You should know that the leadership of “The Old Guard” of Latino elected officials has been disappearing with only four (4) of us left.

There was a time when the Hispanic community counted with Latino leaders with the caliber of elected officials such as Herman Badillo, Gilberto Gerena Valentín, Armando Montano, Ramón S. Vélez, Luis Nine, Roberto García, Olga Méndez, Angelo Del Toro, Luis Olmedo, Robert Rodriguez, and Hector Diaz... just to name a few.

All these Latino community leaders and elected officials came from Puerto Rico, some of them speaking "Broken English", but they had a mission to help improve the quality of life of the Hispanic people, who back in the day all Hispanics were called Puerto Ricans. 

In those days there was no classification of ethnic groups.   So, if you spoke Spanish or had a Latino surname you were therefore classified Puerto Rican.   Unfortunately for the Puerto Ricans, if something good or bad was done by a Spanish speaking person the guilt, burden or credit was given to a Puerto Rican in spite of their nationality.

Today the Latino leaders of the “old guard” have been disappearing and a new blood of young, Latinos, for the most part, born and raised in New York, have been taking the reins of the city’s Hispanic leadership and have stepped in to continue the fight in favor of Latino “Hispanic community.”

Regrettably those, who back in the day struggle and paved the way with “macanazos”, who were slapped around and arrested in an effort to accomplish things like the construction of the new Lincoln Hospital, the institution of Higher Learning, like Eugenio Maria De Hostos Community College,  Bi-lingual Education not only in New York but throughout the nation, ASPIRA, the Model Cities Student scholarship Program, The Hunts Point Multiservice Center, Casa Boricua, Betances Houses, United Bronx Parents, The South Bronx Community Development, the Puerto Rican Development Project, Promesa, and The Puerto Rican Day Parade.   We have seen that little by little those Latino leaders responsible for creating these great Institutions, that was geared toward serving the needs of the Latino community have been disappearing.

You Should Know, that I'm naming those who became elected officials.  But it's important to note that there is a large majority of community leaders of “the old guard” who were not elected officials but worked just as hard and were an integral part of the Hispanic community's achievements, victories, and triumphs.

Among them were Dr. Evelina Antonetty, Robert "Bob" Muñoz, Belen Dennis, George Rodriguez, Freddy Pérez Sr.,  Dr. Richard Izquierdo, Eliezer Escalante, Rev. Bernie López, Roberto Napoleon (Napy), Michael (Mike) Nuñez, Frank Lugoviña, Nick Lugo Sr., Simón Ramos, Federico Perez, Rev. Ambrosio “Bocho” Rodriguez,  Johnny and Jarán Manzanet, Gumersindo Martinez, Americo Martinez, Israel Martinez, Salvador Cartagena, Iris Capeles, Noris Colon, Paul Mejias, Monserrate Flores and all the members of the Young Lords.

Out of those who became elected officials only four (4) of us remain. They are Congressman José Serrano, the longest serving Hispanic elected official, Assemblywoman Carmen Arroyo, the first Puerto Rican woman elected to the state Assembly, Assemblyman José Rivera, whose political life has proven to have more lives than a cat and who can give a lecture on politics to the upcoming young leaders of today.

And finally this servant, who at the age of 75 can thank God for all that I have achieved, for the children He has bestowed upon me, Damaris, Samuel, and Rubencito, and for my wife of 25 years, Leslie and for the affection and support of so many beautiful people, from diverse, multi-cultural, multi-ethnic groups, Puerto Ricans, Dominicans, African-Americans, Garifuna, Bangladesh, and so on.    I have been blessed.

But as we know, all good things must come to an end.   That includes the last four (4) Hispanic Elected Officials from the “Old-Guard”.   As time moves on we “The old guard” must move on to the pages of history to make room for new blood, with new agendas, and new ideas. 

The problem with some of our young Latino leaders of today is that they don’t know the history or the struggles of those who paved the way for them to be where they are today.

This is Councilman Rev. Ruben Diaz, and this is what you should know.

EDITOR'S NOTE:

We couldn't agree any more with Councilman Rev. Diaz Sr. anymore, but he needs to look in his own backyard when he says that. 

Has the Bronx Democratic Party turned into the Bronx Communist Party we ask. Does Councilman Diaz Sr. approve of the county leader picking a candidate for a seat months before the seat is vacant by an assemblyman looking to replace Diaz Sr. in the state senate? When asked what if the assemblyman does not win the senate race, Comrade Crespo replied "I guess we won't have a candidate then".

This reminds me of the time a certain Bronx Assemblyman and his father went to the Bronx Democratic County leader (ten years ago), asking him to support a candidate the two were backing for a judgeship. The county leader said I have my candidate, and after some more discussion told the father and son to leave. 

I ask Councilman Diaz Sr. to tell me the difference from ten years ago of the county leader saying that he has a candidate, and the current county leader saying that he has a candidate without any interviews or talking to anyone. 

I asked County Leader Crespo the question, and I was at the Bronx Democratic County office ten years ago when father and son were told to leave by then Bronx Democratic County Leader Jose Rivera. 

That is what you should know, and Councilman Diaz Sr. needs to remember.


Sunday, April 15, 2018

Terminix Employee Illegally Applied Pesticides Containing Methyl Bromide to Residences in St. John, St. Croix, and St. Thomas, U.S.V.I.


   Jose Rivera, 59, was indicted yesterday by a federal grand jury for violating the Federal Insecticide, Fungicide, and Rodenticide Act.  According to the indictment, Rivera illegally applied fumigants containing methyl bromide in multiple residential locations in the U.S. Virgin Islands, including the condominium resort complex in St. John, where a family of four fell seriously ill in March 2015, announced Assistant Attorney General Jeffrey H. Wood of the Environment and Natural Resources Division and United States Attorney Gretchen C.F. Shappert for the District of the Virgin Islands.  

The indictment alleges that Rivera knowingly applied restricted-use fumigants at the Sirenusa resort in St. John for the purpose of exterminating household pests on or about Oct. 20, 2014, and on or about March 18, 2015.  The defendant was also charged with applying the restricted-use pesticide in eight residential units in St. Croix and one additional unit in St. Thomas between April 2013 and February 2015.  
In 1984, EPA banned the indoor use of methyl bromide products. The few remaining uses are severely restricted.  Pesticides containing methyl bromide in the U.S. are restricted-use due to their acute toxicity, meaning that they must only be applied by a certified applicator.  Health effects of acute exposure to methyl bromide are serious and include central nervous system and respiratory system damage. Pesticides can be very toxic and it is critically important that they be used only as approved by EPA.
Earlier this year, TERMINIX LP and TERMINIX, USVI were sentenced to pay a total of $9.2 million in criminal fines and restitution. The companies were also ordered to perform community service following an investigation and guilty pleas to their use and application of illegal fumigants in multiple residential locations in the Virgin Islands.
The case was investigated by EPA Criminal Investigation Division, working cooperatively with the Virgins Islands government and the Agency for Toxic Substances and Disease Registry. 
An indictment is merely a formal charging document and is not evidence of guilt. Every defendant is presumed innocent until, and unless, proven guilty.
For more information about EPA’s pesticide program and its requirements, visit www.epa.gov/pesticides/.
For more information on methyl bromide, visit www.epa.gov/region2/methyl-bromide.pdf.