EMERGENCY EXECUTIVE ORDER NO. 121 - City-wide curfew to be in effect each day from 8:00 PM until 5:00 AM, June 5, 2020 and ending at 5:00 AM on June 8, 2020.

EMERGENCY EXECUTIVE ORDER NO. 121

June 5, 2020

WHEREAS, on March 12, 2020, the City issued a Declaration of Emergency Related to the presence of COVID-19 in the City (“COVID-19 Declaration of Emergency”); and 

WHEREAS, Emergency Executive Order No. 98, issued March 12, 2020, and extended by Emergency Executive Order No. 112, issued May 9, 2020, contains a declaration of a state of emergency in the City of New York due to the threat posed by COVID-19 to the health and welfare of City residents, and such declaration remains in effect; and 

WHEREAS, the imposition of a curfew is necessary to protect the City and its residents from severe endangerment and harm to their health, safety and property; and 

WHEREAS, on June 1, 2020 I declared a state of emergency to exist within the City of New York;

NOW, THEREFORE, pursuant to the powers vested in me by the laws of the State of New York and the City of New York, including but not limited to the New York Executive Law § 24(1)(a), the Charter and Administrative Code of the City of New York, and the common law authority to protect the public in the event of an emergency:

Section 1. I hereby order a City-wide curfew to be in effect each day from 8:00 pm until 5:00 am, beginning at 8:00 pm on June 5, 2020 and ending at 5:00 am on June 8, 2020. During this time, no persons or vehicles may be in public between the hours of 8:00 pm and 5:00 am. 

Section 2. I hereby order that on the dates that the curfew is in effect, all For Hire Vehicle services are suspended between 8:00 pm and 12:30 am. Yellow and Green Taxis may operate during curfew hours to serve riders permitted to be in public by this Order. Citi Bike and Revel services are suspended between 6:00 pm and 5:00 am on the dates that the curfew is in effect. 

Section 3. This Order shall not apply to police officers, peace officers, firefighters, first responders and emergency medical technicians, individuals travelling to and from essential work and performing essential work, people experiencing homelessness and without access to a viable  shelter, and individuals seeking medical treatment or medical supplies. “Essential work” is work performed by essential businesses or entities as defined or permitted by the Empire State Development Corporation.

Section 4. This Order shall take effect immediately. Failure to comply with this Order shall result in orders to disperse, and any person who knowingly violates the provisions in this Order shall be guilty of a Class B misdemeanor.

Bill de Blasio, MAYOR

State Senator Jamaal T. Bailey and Members of the Black, Puerto Rican, Hispanic & Asian Legislative Caucus Call for Police Reform

  Thursday in front of Community Board 12 and only a few blocks away from where Ramarley Graham was shot and killed by police in 2012 was the announcement that the twelve bills on police reform below would be voted on and passed then sent to Governor Cuomo to sign into law.

The following bills make up the legislative package proposed by the Caucus on police reform: 

1 - Repeal of 50-a | S3695/ A2513 (Bailey/ O'Donnell)

2 - False 9-1-1 Complaints | A3566 (Benjamin/ Ortiz)

3 - Office of the Special Prosecutor | S2574A / A1601A (Bailey/ Perry)

4 - Police STAT Act | S1830B/ A5472 (Hoylman/ Lentol)

5 - Right to Monitor Act | S3253/ A1360A (Parker/ Perry)

6 - Local Independent Oversight of Police | S7527 (Myrie/ Richardson)

7 - Medical Attention for Persons Under Arrest | S6601/ A8226 (Bailey/ Fernandez)

8 - Establishes the Crime of Strangulation | S6670A/ A6144 (Benjamin/ Mosley)  

9 - Failure to Obtain Medical Care | S4076/ A3056B (Biaggi/ Fernandez)

10 - Bans Racial/ Ethnic Profiling by Police | S1137A/ A4615 (Benjamin/ Bichotte)

11 - Reducing Arrests for Non- Criminal Offenses | S2571/ A4053 (Bailey/ Aubry)

12 - Expanded Use of Law Enforcement Body Cameras                      

A - Body Cameras for NYS Police | S6686/ A8674 (Parker/ Walker)                                    

B -  Body Cameras for MTA Police | S06793A/ A8493A (Ramos/ Reyes)

Several elected officials spoke on either the whole package or the individual bill they had sponsored. Besides the Assembly and State Senate members present Congressman Eliot Engel, Councilwoman Vanessa Gibson, and Shirley Aldebol Vice-President of 32 BJ, and Constance Graham the mother of Ramarley Graham also spoke.

Above - State Senator Alessandra Biaggi, Senator Luis Sepulveda, Senator Jamaal Bailey, and Congressman Eliot Engel.
Below - Assembly Speaker Carl Heastie speaks on the package of bills he expects to become laws.

Above - Ms. Constance Graham speaks about her son being killed by police in 2012, and waiting four years for the U.S. Attorney to determine that there was insufficient evidence to bring the office who shot her son to justice.

Below - At the end of the Press Conference everybody kneeled down in remembrance of George Floyd.

Assemblyman Michael Blake was on hand and took some photos. We asked him to comment on the 15th Congressional poll done by Data for Progress putting Councilman Ruben Diaz Sr. in the lead, Councilman Ritchie Torres close behind, and him trailing far behind. Assemblyman Blake was very candid in his remark saying to reverse him and Ritchie Torres in second place to Councilman Ruben Diaz Sr. in the 15th Congressional race. He added that he agreed with the rest of the poll that after Ruben Diaz Sr. and himself (Blake) no other candidate has anywhere near ten percent of the vote.

Poll by Data For Progress Shows Ruben Diaz Sr. in the Lead in the 15th Congressional District

 In the Consulting Company Data for Progress poll only 323 people with Text to web, and Web Panel responses were used. Data for Progress does not say that the survey was representative of the entire 15th Congressional District nor what parts of the district were surveyed, just that the sample was weighted to be representative of likely voters by age, gender, education, race, and voting history. In other words the poll is to be more Progressive, as is in the name Data for Progress. The reality is that Ruben Diaz Sr. was the State Senator in the majority part of the 15th congressional district for fourteen years, and no other current or former elected official represented as much of the 15th Congressional District as Ruben Diaz Sr. has. 

The Data for Progress poll only lists nine candidates when there are twelve candidates running and on the ballot. The Data for Progress poll has an unsure percentage of 34 %, which when Date for Progress asks which candidate are you leaning to Ruben Diaz Sr. received three times as many responses than Ritchie Torres. Thus the difference becomes much greater between Ruben Diaz Sr. and his nearest challenger. 

We saw Assemblyman Michael Blake the day after the poll came out, and asked him for his opinion of the Data for Progress survey. Blake was very candid in his answer saying reverse him and Ritchie Torres, because he Blake not Torres in second place to Ruben Diaz Sr. in the 15th Congressional race. Assemblyman Blake agreed with the rest of the poll saying that after Diaz Sr. and himself no other candidate has anywhere near ten percent of the vote.

The Data for Progress website was checked where on their blog is a story dated May 19, 2020 titled 'The Bronx is an Epicenter for Coronavirus and Environmental Injustice'. In the second sentence of the first paragraph is a link to a story on the 15th Congressional District titled 'The Bronx, long a symbol of American poverty, is now New York City's coronavirus capital'. The story was written on April 21, 2020 one month after petitions were handed into the Board of Elections declaring twelve candidates for the 15th Congressional District. In the article only Ritchie Torres is quoted out of the twelve candidates, several times at that, is said to be the councilman from the district, when Councilman Torres has only a small part of the 15th Congressional District, that includes Councilman Ruben Diaz Sr. who has a larger part of the Congressional District. City Council members Rafael Salamanca, Vanessa Gibson, and Diana Ayala also have parts of the 15th Congressional District.

Here is the Data for Progress poll 

The State of the Democratic Primary in NY-15

June 3, 2020

* A Data for Progress poll found that the contest for the 15th congressional district in the South Bronx is currently a two-way race between New York City Councilmen Ritchie Torres and Rubén Díaz Sr. 

THE STATE OF THE DEMOCRATIC PRIMARY IN NY-15

Sean McElwee Executive Director, Data for Progress

Ethan Winter Analyst, Data for Progress

June 2020

Between May 21 and May 24, 2020, Data for Progress conducted a survey of 323 likely New York Democratic Primary voters in New York's 15th Congressional District using both text-toweb and web panel responses. The sample was weighted to be representative of likely voters by age, gender, education, race, and voting history. The survey was conducted in English and Spanish. 

In May 2020, Data for Progress used a text-toweb and web-panel survey of 323 likely voters in the Democratic primary of New York 15th Congressional Districting to gauge the state of the ongoing race. We found that it’s currently a two-way race. The plurality (34 percent) of likely primary voters are still not sure about who they’ll cast their ballot for. New York City Councilman Rubén Díaz Sr. currently leads the field at 22 percent of the vote, followed by New York City Councilman Ritchie Torres at 20 percent, with Assemblyman Michael Blake, Melissa MarkViverito and Councilman Ydanis Rodríguez at 6 percent. Samelys Lopez has two percent and Jonathan Ortiz, Julio Pabon and Tomas Ramos stand at 1 percent.

When Data for Progress re-asked those who responded that they weren’t sure who they were considering supporting. A majority (56 percent) reported that they aren’t yet leaning towards any of the candidates in particular. Twenty-percent reported that they were leaning towards Díaz Sr., with Torres picking up seven percent. 

Data for Progress also asked likely primary voters in the district if they think gay or lesbian relations are morally acceptable or morally wrong. 73 percent of voters think it’s morally acceptable while only 27 percent of voters think it’s morally unacceptable, with 0 percent undecided?

To see the numbers which City and State reported on the link is -

http://filesforprogress.org/memos/ny-15-2020-june.pdf

No. 202.37: Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency

No. 202.37

E X E C U T I V E  O R D E R

Continuing Temporary Suspension and Modification of Laws

Relating to the Disaster Emergency

WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster emergency for the entire State of New York; and

WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been documented in New York State and are expected to continue;

NOW THEREFORE, I, Andrew M. Cuomo, Governor of the State of New York, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to issue any directive necessary to cope with the disaster emergency or if necessary to assist or aid in coping with such disaster, I hereby direct, for the period from the date of this Executive Order through July 5, 2020 the following:

Notwithstanding any prior Executive Order to the contrary, special education services and instruction required under Federal, state or local laws, rules, or regulations, may be provided in person for the summer term in school districts. Any district providing such services in person must follow State and Federal guidance.

G I V E N   under my hand and the Privy Seal of the State in the City of Albany this fifth day of June in the year two thousand twenty.

BY THE GOVERNOR         

Secretary to the Governor

Governor Cuomo Lays Out 'Say Their Name' Reform Agenda Priorities Following Killing of George Floyd

Governor will Work with State Legislature to Get It Done Next Week

Reform 50-a; Ban Chokeholds; Prohibit Race-Based 911 Calls; Appoint Attorney General as Independent Prosecutor for Police Murders

Announces Lowest Number of Deaths and Hospitalizations Since Covid-19 Pandemic Began

Confirms 1,075 Additional Coronavirus Cases in New York State - Bringing Statewide Total to 376,208; New Cases in 44 Counties

Governor Cuomo: "Coronavirus was a medical issue, was a public health issue, was an economic issue, but more than anything it was a social issue. It was about how people behave, right. And to address coronavirus what we really had to do was change society. It was not a government operation. It was not something I could do governmentally. People had to do it. Government could provide leadership, and we had an operational component, but it was about people making the changes that had to be made. They had to accept it, they had to understand it, they had to change their behavior. That is a monumental undertaking, always."

Cuomo: "Mr. Floyd's murder was the breaking point of a long list of deaths that were unnecessary and which were abusive. That is a fact and people are saying, enough is enough. That is a fact. What people are saying is, we must change and we must stop the abuse - and that is a fact. And New York should be at the forefront of that. That has always been New York's legacy as the progressive capital. We are the ones who hold the standard of what is the right progressive reform and New York should pass next week what we call the "Say Their Name" Reform Agenda."

   Governor Andrew M. Cuomo announced the "Say Their Name" reform agenda following the murder of George Floyd and an ongoing pattern of police brutality against minority communities across the nation. The Governor said he will work with the State Legislature to get these policies done next week.

The list of policy priorities builds on earlier proposals he called for in the immediate aftermath of the killing of George Floyd and prior executive actions he has taken including appointing the Attorney General as a special prosecutor in matters relating to the deaths of unarmed civilians caused by law enforcement.

The 'Say Their Name' Reform agenda includes:

• Allow for transparency of prior disciplinary records of law enforcement officers by reforming 50-a of the civil rights law;
• Banning chokeholds by law enforcement officers;
• Prohibiting false race-based 911 reports and making them a crime; and
• Designating the Attorney General as an independent prosecutor for matters relating to the deaths of unarmed civilians caused by law enforcement.  

Federal Court Enters Injunction Against Herbal Drug Manufacturer For Selling Misbranded And Unapproved Drugs In Violation Of The Federal Food, Drug, And Cosmetic Act

Defendants Had Claimed that “Tonics” and “Herbal Teas” Cured HIV, Cancer, Ebola and Other Serious Illnesses

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and Stacy Amin, Chief Counsel for the U.S. Food and Drug Administration (“FDA”), announced today that the United States District Court for the Southern District of New York has entered an injunction against defendants RAHSAN A. HAKIM (“Hakim”) and ADONIIAH A. RAHSAN (“Rahsan”) (collectively, the “Defendants”) for repeated violations of the Food, Drug, and Cosmetic Act.  HAKIM and RAHSAN do business as Sundial Herbal Products (“Sundial”). 

U.S. Attorney Geoffrey S. Berman said:  “If you threaten the public health by selling unapproved or misbranded drugs, we will stop you.  There is no place for modern-day snake oil salesmen.”

FDA Chief Counsel Stacy Amin said:  “Americans expect and deserve medical treatments that have been scientifically proven to be safe and effective.  Making claims that unproven drugs can cure or prevent diseases places consumers’ health at risk.  We remain committed to pursuing and taking swift action against those who attempt to subvert the regulatory functions of the FDA by repeatedly disregarding the law and distributing unapproved products.” 

The Complaint

According to the Government’s complaint, Defendants manufactured and sold various herbal products – often referred to as “tonics” and “herbal teas” – that constitute unapproved new drugs.  Defendants claimed that these products cure, treat, and/or prevent numerous diseases and conditions, including HIV, cancer, syphilis, diabetes, high blood pressure, arthritis, asthma, and heart disease.  None of Defendants’ products had been tested or approved by the FDA for safety or effectiveness.  These products were also “misbranded” in that they failed to include instructions for their safe use.  Defendants’ sale of such products pose a threat to public health because the products’ disease treatment claims may cause consumers to delay appropriate medical care for these serious medical issues.  Sundial had been inspected by the FDA multiple times, including during the pendency of the lawsuit, and, despite repeated promises to do so, Defendants failed to correct their violations of the Food, Drug, and Cosmetic Act (“FDCA”).

The United States filed this lawsuit seeking to enjoin Defendants from manufacturing and selling drugs in violation of the FDCA.

The District Court’s Findings

On May 26, 2020, the District Court found that Defendants have repeatedly violated the law by distributing unapproved new and misbranded drugs.  Among other things, the Court concluded that:

• “The labels that the FDA collected . . . indisputably establish that Defendants claimed that their products were intended for use in diagnosing, curing, mitigating, treating, and/or preventing a wide variety of diseases.”
   
• The drugs sold by Defendants were “unapproved new drugs” because, among other things, they are “not generally recognized as safe and effective” and have not been approved by the FDA.
   
• Defendants’ drugs were “misbranded” because “the record shows that many of Defendants’ drugs are intended for treating serious diseases or conditions such as HIV, cancer, and Ebola, all of which require diagnosis and management by a physician . . . . As such, they are only safe for use under the supervision of a physician, which brings them within the definition of prescription drugs.”  Furthermore, “Defendants’ drugs are also misbranded because they lack adequate instructions for lay use.”
   
• “Defendants’ past violations are also egregious, as they made claims that their products could cure cancer, HIV, and Ebola, among other serious diseases,” and “absent injunctive relief, nothing prevents Defendants from returning to their old ways.”
   

Permanent Injunction 

After finding that Defendants had committed “egregious” violations of the law, the Court entered a permanent injunction prohibiting Defendants from manufacturing or selling these products or any drug unless and until either: (1) a new drug application is approved for their drugs; or (2) they meet various requirements demonstrating compliance with the FDCA.  Such requirements include that Defendants must:

• Remove all claims in labels, promotional material, websites, and social media pages that these herbal remedies diagnose, cure, mitigate, treat, or prevent disease.
   
• Recall and destroy, at their own cost, under the FDA’s supervision, all drugs manufactured, packed, labeled, held, and distributed from 2014 through the present.
   
• Retain, at their own cost, a qualified, trained, and experienced drug labeling expert to review and report to the FDA on Defendants’ compliance with the issued injunction and FDCA.
   
• Arrange for annual audits by an independent third-party to confirm ongoing compliance.

Mr. Berman thanked the investigators and attorneys of the FDA for their valuable assistance on this matter.

Attorney General James Acts to Protect Students from Sexual Harassment

  New York Attorney General Letitia James took action to ensure that millions of students across the country, including more than three million in New York, can retain longstanding protections against sexual harassment, including sexual assault, which impede their access to education. In a lawsuit filed against the U.S. Department of Education and Education Secretary Betsy DeVos in the U.S. District Court for the Southern District of New York, Attorney General James seeks to stop a new Trump Administration rule that will hinder how schools investigate, address, and remedy sexual harassment in schools, colleges, and universities. The new rule will undo protections required by Title IX of the Education Amendments Act of 1972, which has been a crucial tool for addressing and eradicating discrimination on the basis of sex for all students in federally funded education programs and activities for nearly 50 years, and has protected the most vulnerable populations in the school system, including women, students of color, LGBTQ+ students, and students with disabilities.

“The president has repeatedly shown that he doesn’t think sexual harassment is a serious matter, but his callousness now threatens our youngest and most vulnerable and could increase the likelihood of sexual harassment and abuse of students in schools,” said Attorney General James. “In the midst of the coronavirus pandemic, Secretary DeVos and the Trump Administration are doing everything in their power to endanger and silence survivors of sexual harassment and assault. We are fighting this rule because survivors deserve to be believed, deserve to be respected, and deserve to have the opportunity to tell their stories.”

In 1972, Title IX of the Education Amendments Act was signed into law, stating that “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” All educational institutions — including both public and private — that receive federal funds are required to follow the law, meaning that almost all public and private colleges and universities must abide by Title IX regulations.

Despite nearly five decades of established policy, in November 2018, the Department of Education issued a notice of proposed rulemaking under the auspices of providing greater protections for individuals accused of sexual harassment. Attorney General James attempted to engage with the Trump Administration by submitting a comment letter to Secretary DeVos, in January 2019, over the Department of Education’s efforts to roll back key protections of Title IX for survivors of sexual assault on college campuses, as did nearly 125,000 other institutions and actors in New York and across the United States.

Nevertheless, last month, in the midst of the coronavirus disease 2019 (COVID-19) pandemic, Secretary DeVos and the Department of Education issued the final rule that will, this August, limit the protections against sexual harassment for the more than 50 million students enrolled in kindergarten through 12^th grade in the United States and the approximately 20 million students enrolled in colleges and universities across the nation. More than three million students who are enrolled in more than 5,000 K-12 schools and higher education institutions in New York State will be affected by this rule, which narrowly redefines sexual harassment to exclude many forms of harassment that deprive students and others from equal access to educational opportunities; drastically limits, and, in many instances, prohibits institutions from investigating and addressing harassment; guts Title IX’s longstanding protections for survivors of sexual harassment and assault; and abdicates the Department of Education’s central role in enforcing schools’ compliance with Title IX’s prohibitions against sexual harassment.

Additionally, the final rule prescribes — for the first time in Title IX’s history and in stark conflict with the central purpose of the law — an unduly burdensome grievance and adjudicatory process that schools must follow when they receive complaints of sexual harassment. Further, schools must implement these changes over the next two months — many costly — or risk losing billions in critical federal funds that they rely on to provide education to New York students.

The Trump Administration is also requiring schools to comply with the final rule despite conflicts with state and local laws — which may bar New York State and its educational institutions from enforcing their own policies that provide greater substantive and procedural protections to victims of sexual harassment and assault. This includes New York’s “Enough is Enough” law, which sets comprehensive and careful standards for colleges in addressing sexual assault, and which has served as a model for similar legislation across the country. 

Despite laws currently in place, the majority of students who experience sexual harassment, including sexual violence, do not report this conduct to law enforcement or to their schools. According to statistics by the U.S. Department of Justice, only 20 percent of female students aged 18 to 24 who experienced sexual violence ever reported this conduct, but the final rule will further exacerbate this reality, given its impermissibly restrictive definitions of sexual harassment and limitations on actionable sex discrimination.

The State University of New York (SUNY) is not only New York’s largest college and university system — overseeing more than 400,000 students across 64 colleges and universities statewide — but is one the largest public higher education systems in the country, receiving over $1 billion annually in federal funds. The Department of Education’s final rule would risk SUNY losing billions in critical federal funds that the system relies on to provide education to New York students.

“By disregarding decades of a balanced approach to Title IX under which institutions of education investigated and adjudicated allegations of sexual assault and harassment, the federal government is creating an imbalance of justice against victims across the country,” said Sandra Casey, general counsel in charge, SUNY. “We fear for the consequences of their decision, and believe it is our moral obligation to take this legal action.”

“This rule will result in fewer protections for students who experience sexual assault on campus and demonstrates a callous disregard for the pandemic conditions nationwide,” said Mary Haviland, executive director, New York City Alliance Against Sexual Assault. “Since 2015, when New York State passed one of the most comprehensive laws governing campus sexual and domestic violence in the country, we have witnessed the impressive strides colleges have made to improve their response to this violence. We wholeheartedly support the efforts of Attorney General James to halt the enactment of this rule, and to preserve our state law on campus sexual and domestic violence for the safety of college students in New York State.”

The suit asserts that the Trump Administration rule specifically exceeds the Department of Education’s statutory authority and is in violation of section 706(2)(C) of the Administration Procedure Act; is not in accordance with law and is arbitrary and capricious, both in violation of section 706(2)(A); and is without observance of procedure, required by law in violation of section 706(2)(D). 

Separately, Attorney General James has previously worked to protect all New Yorkers from sexual harassment, at school, in the workplace, and everywhere else. This past February, Attorney General James sent two comment letters to the Trump Administration opposing federal proposals that roll back critical anti-discrimination protections, including those for survivors of sexual harassment, for patients and students. In January, Attorney General James announced a settlement for 11 former employees who were sexually harassed and abused at the West Village restaurant The Spotted Pig. In June 2019, Attorney General James applauded the passage of legislation updating sexual harassment laws related to prevention policies and the claims process surrounding any lawsuits. In February 2019, Attorney General James announced legislation that would create penalties for discrimination or retaliation against immigrant employees into law, including those who have been sexually harassed, and in July 2019, Attorney General James applauded the signing of that legislation into law. 

BRONX DA DARCEL D. CLARK RELEASES RESULTS OF INVESTIGATION INTO DEATH OF LAYLEEN POLANCO IN RIKERS ISLAND

Six-Month Investigation Found No Criminality in Tragic Death

  Bronx District Attorney Darcel D. Clark today announced that a six-month investigation by her Office into the death of Layleen Polanco in a Rikers Island jail cell nearly one year ago has concluded that no criminal charges will be sought in the death, and the report on the investigation has been made public. 

 District Attorney Clark said, “A 27-year-old woman died in custody in a city jail, and the circumstances of her death warranted a full and thorough investigation. Layleen Polanco died from an epileptic seizure. Her family and friends along with the public deserved to know whether anything else played a role in her death. It is an absolute tragedy that Ms. Polanco died so young.

  “The purview of this Office is not to determine whether it was a wrong decision to place Ms. Polanco into Punitive Segregation while she was suffering from a documented seizure disorder; the purview of this Office is to determine whether that decision rose to the level of criminal behavior. 

  “After an in-depth investigation by my Public Integrity Bureau, we have concluded that we would be unable to prove beyond a reasonable doubt that any individual committed any crime associated with Ms. Polanco’s demise. We will not be seeking any criminal charges related to this devastating event.

  “I want to thank Ms. Polanco’s family for their patience and cooperation throughout the entirety of the investigation.”

  Department of Investigation Commissioner Margaret Garnett said, “All New Yorkers’ lives have significance, including those incarcerated in the City’s jail system. We take investigations of any in-custody death very seriously, and our investigators, along with our partners at the Bronx District Attorney’s Office, closely examined all the facts about the tragic death of Layleen Polanco. Our investigation found no evidence of criminal wrongdoing, but DOI did find that City correction officers failed to follow the Department of Correction’s (DOC) directive that every inmate housed in Punitive Segregation shall be observed at least once every 15 minutes, at irregular intervals. In this case, they allowed 47 minutes to pass between tours of Ms. Polanco’s cell. This violation was referred to DOC for appropriate administrative action. DOI was pleased to work with the Bronx District Attorney’s Office on this meaningful investigation.”

  Layleen Polanco was a 27-year-old transgender person housed in punitive segregation at the Rose M. Singer Center on Rikers Island. On June 7, 2019, she was found unresponsive inside of her cell by Correction Officers and was later pronounced dead. An autopsy report issued by the Office of the Chief Medical Examiner on August 2, 2019 concluded that Ms. Polanco’s manner of death was natural and that the cause of death was “sudden unexpected death in epilepsy (SUDEP) due to a mutation in the CACNA1H gene.”

  Over the course of six months the Public Integrity Bureau investigated not only the events of June 7, 2019, but the events leading up to that date. The Office issued subpoenas to numerous hospitals and health care providers, receiving more than a thousand pages of medical records. New York City Department of Correction records and Westchester County Department of Correction records were collected and analyzed. The Office also interviewed Correction Officers and incarcerated persons--both present and not present on June 7, 2019--as well as medical staff who responded on June 7, 2019.

   District Attorney Clark thanked Christina Fragola, Deputy Director of the Crime Victims Assistance Unit, and Jasmine Bailey, Advocate in the Crime Victims Assistance Unit, for their assistance.