STATEMENT FROM MAYOR BILL DE BLASIO ON COMPTROLLER DINAPOLI’S FOSSIL FUEL DIVESTMENT PLAN

 

 “Fossil fuels not only harm our planet – they’re a bad investment. I applaud Comptroller DiNapoli’s bold plan to divest New York State’s $226 billion pension fund from risky oil and gas companies and target a net zero portfolio by 2040. In 2018, New York City made history by committing to divest our pension funds from fossil fuels within five years. We’re well on our way to achieving this goal and keeping our promise to future generations, and our pensioners, to build a greener, more sustainable future.”  

Christmas Tree Lightings in Pelham Bay and Allerton

 

 In Pelham Bay there was a tree lighting with Councilman Mark Gjonaj, Assemblyman Michael Benedetto, and a some local community members at Keane Square Park located at the corner of Hobart and Buhre Avenues. 

Right after the Pelham Bay tree lighting people gathered at the Triangle of Allerton Avenue and Boston Road to meet Santa Councilman Mark Gjonaj Allerton International Merchants President Gene De Francis, and newly promoted Deputy Inspector Natiw of the 49th Precinct. There was hot chocolate provided by IHOP and other surprises for those who attended.

Above - Some of those who gathered to light the Pelham Bay Christmas Tree.

Below - The unlit Pelham Bay Christmas Tree.

Above - The lit Pelham Bay Christmas Tree.

Above - Santa is on Allerton Avenue with AIM President Gene De Francis and Community Board 11 member Veronica Castro.

Below - Councilman Mark Gjonaj hands Santa some face masks to distribute to children for school with the toys he leaves them.

Above - People gather with Santa, Councilman Gjonaj, Deputy Inspector Natiw AIM President De Francis for a photo.

Below - The lit Allerton Avenue Christmas Tree.

NYS Office of the Comptroller - New York State Pension Fund Sets 2040 Net Zero Carbon Emissions Target

 

Announcement Builds on Fund’s Climate Action Plan

Review Of Energy Sector Investments To Be Completed By 2025, With Potential Divestment For Riskiest Companies

Sponsors of Fossil Fuel Divestment Act Support Fund’s Strategy

 New York State Comptroller Thomas P. DiNapoli announced today that the New York State Common Retirement Fund (Fund), valued at an estimated $226 billion, has adopted a goal to transition its portfolio to net zero greenhouse gas emissions by 2040. This process will include completion within four years of a review of investments in energy sector companies, using minimum standards to assess transition readiness and climate-related investment risk, with, where consistent with fiduciary duty, divestment of companies that fail to meet minimum standards.

On the eve of the 5th anniversary of the Paris Agreement, as the world increasingly moves toward net zero emissions targets by or before 2050, this goal will continue to ensure the Fund’s portfolio is adapting to the anticipated transition. This ambitious and multifaceted effort continues State Comptroller DiNapoli’s leadership on management of climate risk to investments, for which the Fund is already top-ranked in the United States by the Asset Owners Disclosure Project.

“New York State’s pension fund is at the leading edge of investors addressing climate risk, because investing for the low-carbon future is essential to protect the fund’s long-term value,” State Comptroller DiNapoli said. “Achieving net-zero carbon emissions by 2040 will put the Fund in a strong position for the future mapped out in the Paris Agreement. We continue to assess energy sector companies in our portfolio for their future ability to provide investment returns in light of the global consensus on climate change. Those that fail to meet our minimum standards may be removed from our portfolio. Divestment is a last resort, but it is an investment tool we can apply to companies that consistently put our investment’s long-term value at risk. I am grateful for Senator Liz Krueger’s focus on addressing climate risk, her recognition of our work, and her appreciation of the importance of the State Comptroller’s independent, fiduciary duty and constitutional authority as trustee of the Fund for the benefit of our members, retirees and beneficiaries. My thanks as well to Assemblymember Felix Ortiz for his efforts on this issue.”

Building on DiNapoli’s 2019 Climate Action Plan, the Fund will continue its use of minimum standards for determining whether a company is well-prepared for the transition to a low-carbon global economy. The Fund has already set minimum standards for the thermal coal mining industry and divested from 22 coal companies.

The Fund is currently wrapping up its evaluation of nine oil sands companies, and will develop minimum standards for investments in shale oil and gas. Those will be followed by; integrated oil and gas; other oil and gas exploration and production; oil and gas equipment and services; and oil and gas storage and transportation. Minimum standards for all of these sectors, and a determination of which companies are suitable to remain in the Fund’s portfolio, will be completed by 2025. After completing initial reviews, the Fund will continue to reassess whether the remaining companies are meeting minimum standards and are on viable low-carbon transition pathways. The Fund will be hiring additional staff and engaging consulting partners to support these critical efforts.

Governor Cuomo Announces 36 Additional Establishments' Liquor Licenses Suspended for Egregious Violations of Coronavirus-Related Regulations

 

Seven Establishments' Liquor Licenses Suspended for Illegally Operating in Micro-Cluster Zones  

279 Businesses' Liquor Licenses Have Been Suspended During Public Health Emergency  

1,867 Charges Have Been Filed and Processed To Date; Updated List of Suspensions and Charges Available Here  

 Governor Andrew M. Cuomo today announced the state has suspended liquor licenses for 36 additional bars and restaurants in New York State after finding egregious violations of pandemic-related Executive Orders, bringing the total number of liquor licenses suspended during the coronavirus pandemic to 279. In total, 1,867 charges have been filed against bars and restaurants for violating rules meant to stop the spread and keep New Yorkers safe. Businesses found in violation of COVID-19 regulations face fines up to $10,000 per violation, while egregious violations can result in the immediate suspension of a bar or restaurant's liquor license.  

Seven establishments' liquor licenses were suspended for illegally operating in state-designated micro-cluster zones, which are subject to stronger restrictions due to increased COVID spread in the community.  

"New York still has one of the country's lowest infection rates and that is a testament to the toughness and unity of New Yorkers all doing what they can to limit spread. Unfortunately, however, some establishments have continued to ignore the rules, putting their customers, as well as their community as a whole, at risk," Governor Cuomo said. "If we let our guard down and ignore basic public health rules, this winter could be one of the darkest periods of this pandemic and we simply cannot let that happen. We know the vaccine is on the way, we know there is a light at the end of the tunnel, but if we let up now and become undisciplined, it's going to take us even longer to get there."

State Liquor Authority Chair Vincent Bradley said, "As we move into the colder weather and are forced indoors, it is imperative that businesses stay compliant across the state. New Yorkers must continue wearing masks, practicing social distancing, and following the life-saving protocols put into place to keep us all healthy."    

The State Liquor Authority continues enforcement efforts statewide, with a specific focus on areas with dramatic increases in COVID-19 cases, including state-designated micro-cluster zones.  

A county-by-county breakdown of the 36 establishments issued emergency orders of summary suspension from the State Liquor Authority Board is below.  

In New York City:

• Bronx - 3

• Brooklyn - 4

• Manhattan - 4

• Queens - 8  

• Staten Island - 4

Outside of New York City:

• Albany - 1

• Broome - 1

• Chautauqua - 1

• Erie - 2

• Nassau - 1

• Suffolk - 4

• Westchester - 3

A list of the 36 bars and restaurants suspended along with information on their violations and the date of their suspensions can be found here.  

Emergency Summary Suspensions are imposed when the SLA finds the continued operation of a licensed business threatens public health and safety. Suspension orders are served immediately and remain in effect indefinitely, with the maximum penalty including the permanent revocation of the license and fines of up to $10,000 per violation. Licensees subject to an emergency suspension are entitled to an expedited hearing before an SLA Administrative Law Judge. The emergency suspensions were ordered by Chairman Bradley, Commissioner Lily Fan and Commissioner Greeley Ford at special meetings of the Full Board between October 23rd and December 6th, conducted by a digitally recorded video under social distancing guidelines.

Bronx - 3

“Plush 101” at 53 Westchester Square in the Bronx, on December 6, 2020 On December 5th, following community complaints, investigators with the state's multiagency task force and NYPD officers conducted an inspection of the premises. Despite finding the establishment's front roll-down gate closed in an attempt to conceal their operations, investigators were able to enter through a side door. Inside, investigators documented the bar in full operation nearly an hour past the mandatory 10:00 PM statewide closing time implemented to combat COVID, with 51 patrons crowded into a space that has a maximum occupancy of just 18 under COVID-related regulations. Investigators observed numerous patrons standing and mingling without facial coverings, patrons smoking hookah, and at least four employees without facial coverings. In addition, there was no evidence of any food being served.

“Café Serata” at 1808 Hone Avenue in the Bronx, on November 6, 2020 On November 6th, SLA investigators conducted an inspection of the premises, finding employees without facial coverings and alcohol being served without food, in violation of COVID-related rules implemented to prevent bar-like congregation that has led to COVID spikes in other states. This establishment is a repeat offender -- their liquor license was previously suspended on April 1, 2020 after egregious violations of COVID related regulations continued following repeated warnings. Their license was reinstated earlier this year after the licensee agreed to pay a $35,000 fine and abide by all Executive Orders.

“El Jaguar Restaurant” at 536 East 138th Street in the Bronx, on November 1, 2020 On October 30th, investigators with the SLA and NYPD officers found approximately 50 patrons inside the premises, nearly three times the legal limit under COVID-related regulations. Those inside were standing, dancing and drinking without facial coverings while ignoring social distancing. Investigators also documented five employees without facial coverings, tables spaced less than six feet apart, and the premises illegally selling hookah, including nicotine hookah which is prohibited even with a valid hookah permit. The establishment attempted to conceal its illegal operations, including by closing the front roll-down gate and placing a tarp over the outdoor dining structure in an effort to appear to be closed.

Governor Cuomo Updates New Yorkers on State's Progress During COVID-19 Pandemic - DECEMBER 8, 2020

 

4,835 Patient Hospitalizations Statewide

906 Patients in the ICU; 493 Intubated

Statewide Positivity Rate is 5.74%

74 COVID-19 Deaths in New York State Yesterday

 Governor Andrew M. Cuomo today updated New Yorkers on the state's progress during the ongoing COVID-19 pandemic.  

"As we continue to see the number of COVID cases rise in New York and across the nation, it's critical that we not only remain tough and practice safe behaviors to limit viral spread, but that we also do everything in our power to ensure hospitals are prepared to handle a growing number of patients," Governor Cuomo said. "New York has instituted a number of measures to help prevent hospitals from becoming overwhelmed including a directive to expand capacity by 25 percent. The good news is New York still maintains one of the nation's lowest infection rates, but everyone must do their part to slow the spread of the virus and stop the uptick in hospitalizations. If we work together and stay New York Tough, we can manage this pandemic until the vaccine is here."

Today's data is summarized briefly below:   

• Test Results Reported - 162,464
• Patient Hospitalization - 4,835 (+233)
• Patients Newly Admitted - 594 
• Hospital Counties - 55
• Number ICU - 906 (+34)
• Number ICU with Intubation - 493 (+16)
• Total Discharges - 88,584 (+321)
• Deaths - 74 
• Total Deaths - 27,307

MAYOR DE BLASIO HOLDS MEDIA AVAILABILITY FOR SOME REPORTERS ONLY

 

EDITOR'S NOTE:

As we have tried for the past three weeks we were unable to be called on to ask Mayor de Blasio if he would ask Governor Cuomo to postpone the upcoming Special Elections and those to be called once the new year comes in creating more vacant City Council seats. 

It appears even the Public Advocate who we were able to ask that question later in the day, seems to say "we must not allow people to be able to eat indoors, and do other things indoors, but it is fine for people to go vote in a special election".

Mayor Bill de Blasio: Good morning, everyone. Well, yesterday was such an important day for New York City as we reopened 850 public schools all over the city. And it was an exciting day and a day that went very smoothly. And I want to thank all the principals, all the teachers, the school staff, and, of course, our parents and kids – everyone who worked hard to make sure that school reopened well. Very important day for our city and for our families, and a reminder of how important our public schools are to this city today and to our future. And I got another reminder of that yesterday. I had a wonderful conversation with our next Treasury Secretary of the United States, Janet Yellen. And as she is an amazing person, an amazing example of someone who came out of this city, born and bred in Brooklyn, and went to Fort Hamilton High School. In fact, she was the valedictorian of her class at Fort Hamilton high school, now will be the first woman ever in the history of the United States to become our treasury secretary. And what a great example to all the public school kids of New York City about what your futures can bring when you see a product of our public schools go all the way to the high post, the crucial post of treasury secretary for this entire country. It's great to have another New Yorker in such an important position, but she's also going to inspire a whole generation of New Yorkers, particularly young woman, to see their potential. And she is another reminder of how important public education is an what a difference it makes in our society, that we provide for everyone for free the finest education so they can realize their potential.  

 

So, everyone, now let's get to what has allowed us to have safe schools, what's that allowed us to achieve what so many people said couldn't be done. School buildings are, in fact, some of the very safest places to be in all of New York City. Why? Because of testing. We always say testing, testing, testing – it has worked time and again. It's been the difference-maker. And we want to remind people, whether it's in our schools or any place and the city, testing is key. So, Today is Get Tested Tuesday, and we're going to remind all New Yorkers how important it is to get tested. It's free. It's quick. It's easy. And it's crucial for you, for your family, for your whole city.  

 

Now, we are 10 months into this crisis, but, for the first time, we really can see the end in sight. Why? Because the vaccine is coming next week. The vaccine will be here in New York City, because the vaccine is being produced in huge quantities for this city and for this whole country, because we've learned how to fight back against the coronavirus in so many ways, people are doing so much and doing it so well to keep the coronavirus in check. Our hospitals are doing such extraordinary work, learned such important lessons from the spring. So, this is the final phase of the war against the coronavirus. We have one more big battle ahead. We've got to get through January – December and January, into February. Listen, think of it this way – this is the last big battle before us and then the vaccine will be able to do it to work. So, everyone, when you think about how important it is to get through December, get through January into February, it's a reminder of how important testing is. Testing always has made the difference and it will again.  

 

So, one of the things we are doing is reaching out in every part of the city to make sure people know the testing resources are available. There are more testing sites than ever in New York City. And, again, the test is the easiest it's ever been, it’s the quickest it's ever been. We want people to know it's there for them. So, our test and trace teams are out all over the city and particularly focusing this week on Washington Heights, on Harlem and East Harlem, and on Chinatown and the Lower East Side to spread the word. And here to tell you all about it, he's been doing a great job leading the Test and Trace Corps and building it up to the level it is today, Dr. Ted Long. 

 

Executive Director Ted Long, NYC Test and Trace Corps.: Thank you, sir. Throughout the COVID crisis, the one thing that has remained constant is that New Yorkers care about keeping our city safe. We recently hit a new record – in a single day, more than 95,000 New Yorkers came out to get tested, to know their status, and to do their part, to stop the spread of the virus. Now, even though we're seeing a rise in the number of new cases every day, our contact tracing system is the strongest it's ever been, and it's powered by each of those new tests that we do every day with those 95,000 New Yorkers that came out to get tested. The real heroes here are our contact tracers. They're New Yorkers that cared deeply about keeping our city safe and protecting our city, and they're reaching over 90 percent of everybody testing positive across New York City and they're completing interviews with 80 percent of everybody testing positive, meaning we're getting all of the information we need in order to perform contact tracing. In addition to that, 98 percent of people that are cases or have tested positive – when we call you every day as part of our – if you're a part of our program, you confirm for us that you're making that sacrifice and that you're staying at home and that you're isolating and that you're doing your part to keep our cities safe.  

 

Today, I want to tell you more about what we are doing to fight back against the coronavirus, as the Mayor said, in our final battle here. What we're doing in the Test and Trace Corps. is we're spreading rapid testing across New York City. In the last month alone, we've opened up more than 10 new rapid testing sites. That has doubled our rapid testing capacity, and we're now in all five boroughs. To walk you through what the experience is, you'll come to one of our rapid testing sites, you'll have your tests done. Within 15 minutes, you'll have your results. And then, if it's positive, we'll pair you up with one of our contact tracers to immediately perform contact tracing, or see who you may have exposed when you were contagious. We then reach out to those people you may have exposed that same day and offer to bring them in for testing immediately. Then, before you leave, we pair you up with one of our resource navigators who will talk to you about services we can offer it to help you get through this, like free food delivery, a free hotel stay, or even, for free, walking your dog if that's what it takes for you to stay home and to keep our cities safe. 

 

You should be proud of the number of New Yorkers that have come out to get tested to keep our city safe. To do your part, you can call 212-COVID-19 to find a testing site near you, or visit nyc.gov/COVIDtest to find a site near you as well. You can go to our Test and Trace Corps. Website, if you want to look at a detailed list of all of our sites, in addition with a detailed list of the exact wait times for each of the sites.  

 

Now, as the Mayor said, today is Get Tested Tuesday in Manhattan. We're in Washington Heights, we’re in Harlem, East Harlem, Chinatown, and we're on the Lower East Side. Today, come out and get tested – it's always fast, easy, and free – and do your part to continue to keep our city safe. Thank you, sir. 

 

Mayor: Thank you so much, Ted. And I want to just say, everyone who's part of the Test and Trace Corps. has been doing amazing work. And it's going to be more important than ever in this last push here as we go through the holidays and into the New Year. So, I want to thank you, Ted, for your leadership. We have a Dr. Amanda Johnson with us today, has been doing a great job with her team on the Take Care Initiative to make sure that when people need that help, it is there for them, whether they need to be in a hotel or need support at home, if they need to safely separate. So, all this help is available to New Yorkers when you need it for free. No one should ever feel they're alone and don't have a place to turn. The goal here is to keep everyone safe. 

When it turns out you need to safely separate, to know there's going to be a lot of support for you when you do that.  

 

All right, now, that's testing – so important, but while we're fighting this important battle against the coronavirus, we have another challenge, and it's absolutely happened also because of the coronavirus, but it even has bigger ramifications, which is the challenge of our blood supply in New York City. This is for all types of medical challenges, and we've got to make sure our blood supplies kept up to protect New Yorkers. The coronavirus has knocked out a lot of the normal blood drives that happen in companies and government offices and colleges. That's not there. So, it's up to you. And last week we talked about this, how New Yorkers need to step up and help out. Now, look, the supply has been running low, so we together the Give Blood NYC campaign and, right away, New Yorkers have started to answer the call. We said we needed 25,000 blood donations this month – already 4,288 donors have stepped forward, which is fantastic. And almost 1,000 of them are new donors. I was very pleased to go to the New York Blood Center with Chirlane and donate blood last week. Everyone there is great. I want to emphasize the folks who work at the Blood Center really take care of you, then make it easy. It's such an important thing to do, and you get your free juice and cookies at the end. But what we need now is about 20,000 more New Yorkers to come forward. This is urgent. This is about directly and immediately saving lives, and you can make such a difference. We need 20,000 more New Yorkers to come forward by the end of this month, and we have some wonderful prizes we've put together to encourage people, and winners have already been selected, including Jessica from Queens, and Sheldon from Brooklyn, and Eileen from Manhattan. And Eileen won the New York City Parks package, which includes the fabulous social distancing towel. This is a big – a big favorite of the coronavirus era. So, look, we want people to help out and we're going to make sure that there's some wonderful prizes as part of it. So, everyone come forward and sign up at nybc.org/GiveBloodNYC. We really need you and we need you now.   

Okay. Let's go to our indicators. Number one, current hospital admissions. So, daily number of people admitted to New York City hospitals for suspected COVID-19, today's report is 161 patients. And, again, where we want to be is under 200 patients. So, today, a good number. Next, the next new indicator, which is the hospitalization rate per 100,000 people. Today's number is 2.30 per 100,000. Not where we want to be. We want to be under two per 100,000. Okay. Second indicator, current new cases. And now, we are including the probable cases, as we discussed yesterday – the probable cases along in this number. So, today's number, daily new cases, seven-day average – 2,624. Well over the number where we want to be, which is 550. So, we have a lot of work to do there. And the percentage of New York City residents testing positive for COVID-19. Now, this is just the seven-day rolling average here – today's report, 4.94 percent. Where we want to be as under five, so we're just there, but, obviously, this is a high number. We’ve got a lot of work to do to get that number back down.  

Correctional Officer At Metropolitan Correctional Center Sentenced To 40 Months In Prison For Engaging In Abusive Sexual Contact With Inmates

 

 Audrey Strauss, the Acting United States Attorney for the Southern District of New York, announced today that COLIN AKPARANTA, formerly a correctional officer at the Metropolitan Correctional Center (“MCC”), which houses federal inmates in Manhattan, was sentenced in Manhattan federal court to 40 months in prison for engaging in abusive sexual contact with an inmate.  AKPARANTA previously pled guilty before United States Magistrate Judge Kevin Nathaniel Fox to one count of abusive sexual contact of an inmate, in violation of Title 18, United States Code, Section 2244(a)(4), and one count of deprivation of the constitutional rights of that inmate, in violation of Title 18, United States Code, Section 242.  In connection with the plea, AKPARANTA also admitted that he engaged in abusive sexual contact with six additional victims, and engaged in sexual acts with all seven of the victims.  U.S. District Judge Lorna G. Schofield, who accepted AKPARANTA’s guilty plea, imposed today’s sentence.

Acting U.S. Attorney Audrey Strauss said:  “Colin Akparanta repeatedly abused his position of authority as a correctional officer at the MCC by sexually abusing inmates whose safety and security he was duty-bound to protect.  Today’s sentence should send a strong message that correctional officers who abuse their authority and commit crimes will be held to account.  This Office will remain vigilant to ensure that all inmates are afforded the dignity and security they deserve.”

According to the Indictment, other filings in this case, and statements during court proceedings:

AKPARANTA was employed as a correctional officer at the MCC starting in 2004.  Between in or about late 2012 and in or about April 2018, AKPARANTA used his official position to engage in sexual acts and contact with at least seven female inmates at the MCC while they were under AKPARANTA’s custodial, supervisory, and disciplinary authority.  AKPARANTA digitally penetrated the victims’ vaginas and touched their breasts, buttocks, and/or genitalia.  AKPARANTA also had some of the victims touch his penis over his pants.  In addition, AKPARANTA smuggled contraband, including, but not limited to, personal hygiene items, makeup, and food into the MCC for some of the victims, and, with respect to at least one of the victims, explicitly conditioned his provision of contraband on the inmate’s continued performance of sexual acts with him.  AKPARANTA also asked the victims for their contact information in order to reach them after their release.      

In addition to the prison term, Judge Schofield sentenced AKPARANTA, 44, of Irvington, New Jersey, to two years of supervised release.

Ms. Strauss praised the investigative work of the Department of Justice Office of the Inspector General and the Special Agents of the United States Attorney’s Office.  

NYC DOC OFFICER INDICTED FOR SELLING PHONY DISABILITY PARKING PLACARDS, 3 OTHER OFFICERS CHARGED WITH POSSESSING THE PLACARDS

 

Joint Investigation by Bronx DA’s Office and NYC Department of Investigation

 Bronx District Attorney Darcel D. Clark and New York City Department of Investigation Commissioner Margaret Garnett today announced that five people—including four NYC Department of Correction Officers—have been indicted for using forged New York City disability parking placards. 

 District Attorney Clark said, “Members of our community with severe disabilities need these placards to enable them to park near their place of work, doctor’s office and other essential places so they can go about their lives more easily. The defendants—four of them Correction Officers—allegedly corrupted the placard program for their own convenience. Now they face felony charges.”

 Commissioner Garnett said, "The City Correction Officers charged in today's indictment allegedly sold or used fraudulent parking placards, abusing a program that is meant to aid New Yorkers with disabilities. Distributing or using fraudulent parking placards is corruption -- plain and simple -- and City employees who attempt to profit from this conduct, whether monetarily or through other benefits, will be held accountable. DOI thanks the Bronx District Attorney's Office for their partnership on this case."

 District Attorney Clark said the defendants, NYC DOC Officers Nakia Gales, 44, of Manhattan; Shyiera Daniels, 29, of Manhattan; Judy Guity, 46, of the Bronx, and Rasma Caines, 43, of the Bronx; as well as Craig Scott, 60, of the Bronx, have been indicted on second-degree and third-degree Criminal Possession of a Forged Instrument. Gales, Daniels, Guity and Caines were arraigned today before Bronx Supreme Court Justice Robert Neary. They were released on their own recognizance and they are due back in court on March 16, 2021.

 According to the investigation, DOI learned that Gales sold forged placards, taking payments ranging from $200 to $280 per placard. The placards were viewed in the vehicles of the five defendants. The indictment charges Gales with the sale of three forged parking placards. 

 District Attorney Clark thanked DOI. The case was investigated by Assistant Inspector General Noah Mohney, Investigator John Bourke, and Investigator Matty Lupinacci, under the supervision of Deputy Inspector General Michael Antolini, First Deputy Inspector General Daniel Boylan, Inspector General Andrew Brunsden, Deputy Commissioner/Chief of Investigations Dominick Zarrella, and First Deputy Commissioner Daniel Cort.

 An indictment is an accusatory instrument and not proof of a defendant’s guilt.