Monday, December 29, 2014

Community Interfaith Service for Dr. Martin Luther King Day


"I believe that unarmed truth and unconditional love will have the final word in reality. This is why right, temporarily defeated, is stronger than evil triumphant."
   
     Martin Luther King Jr.   


Trinity Baptist Church
Rev. Naomi Tyler-Lloyd, Senior Pastor
In Conjunction With
Bronx Borough President Ruben Diaz Jr.


Invites You to
Remember the Legacy of Reverend Dr. Martin Luther King Jr.
A Community Interfaith Service
10A.M.
Monday, January 19, 2015
Trinity Baptist Church
 808 East 224th Street
   Bronx, NY
   (Between Barnes & Bronxwood Avenues)

Please RSVP to 718-590-3989
or
smalve@bronxbp.nyc.gov



Wednesday, December 24, 2014

Happy Holidays





Happy Holidays from the Editor 
and a few elected officials.


Bronx Borough President Ruben Diaz Jr.
Dear Friend,

My staff and I would like to wish you and your family a 
very happy and healthy holiday season and a happy new year

Sincerely,
  
Ruben Diaz Jr.

Bronx Borough President Ruben Diaz Jr.


Dear Friend,
 
I would like to wish you and your family a safe and 
happy holiday season.  It brings me great joy to see 
many of you at the various holiday events that occur 
during this time of the year before I must head back
to Albany in January.
 
As 2014 comes to a close, I would like to say thank you
for all that this community has given me throughout the
year. I am honored that you have given me the privilege 
to continue to serve as your Assemblyman in the 
87th Assembly District.
 
Once again, I wish you a wonderful winter holiday and 
a joyous New Year!
 
Your Assemblyman,
 
Luis R. Sepulveda
 








Tuesday, December 23, 2014

MAYOR DE BLASIO DELIVERS REMARKS BEFORE OBSERVING MOMENT OF SILENCE FOR OFFICERS RAMOS AND LIU


  I want to thank everyone for gathering together. It's a time of pain for our city. It's a time of mourning for two good families, and it's so important that we all stand in solidarity with them. I want to thank everyone here at City Hall, and everyone throughout this city, who in a moment will participate in a moment of silence for Officer Ramos and for Officer Liu. 

Chirlane and I visited their families yesterday, and they're going through so much. And they deserve our support, and our solidarity. They need to be first in our thoughts. 

Officer Ramos and Officer Liu believed in something – they believed in making this world better, they believed in making this city better. They gave their lives for the belief that we could do better, that we could come together, that we could keep people safe. 

Talking to the families, hearing what motivated these good young men to serve is a reminder to us all – it's humbling. It reminds us that we have to keep serving. We have to keep working for something better. 

But there's a lot of pain right now. We have to work our way through that pain. We have to keep working to bring police and community closer together. We have to work for that more perfect union. We have to put the divisions of the past behind us. They were left to all of us in this generation, and we have to overcome them. 

We need to protect and respect our police just as our police protect and respect our communities. We can strike that balance. We must. 

Right now, I want everyone to focus on these families, on their pain. Put yourselves in their shoes. Be there for them, and be there for the extended family of the NYPD, because every police officer is hurting right now, and the family of every police officer is hurting right now. We have to be there for them. We have to keep them in our prayers, and move forward together. 

It's never easy to overcome this kind of loss. The families – this will be with them for their entire lives, and we will support them for all their lives ahead. We've made that clear to both families. And the NYPD has a rich strong history of supporting families in their hour of need, and then never letting them go. These children will always know the support that they will no longer have from their fathers who have fallen. We'll make sure of that – all of us together. 

So, I just want everyone to think, what can we do to help those families? What can we do to move forward together?

It feels tremendously painful right now. But it's always darkest before the dawn. These families want a city filled with peace and unity. It's our job – all of us – to create that, to support them and work for a better day.

I want to ask everyone assembled here, and everyone who is watching or listening – all throughout New York City, all throughout our nation – to now bow our heads in memory of Officer Ramos and Officer Liu.

[Mayor de Blasio observes moment of silence]

Thank you, everyone. God bless you all, and please embrace those around you as a symbol of our belief that we will move forward together. Thank you.


Bill de Blasio - We move forward together


Message from Mayor Bill de Blasio on the police shootings -

Our city is in pain. 

We mourn the murder of New York City Police Officers Rafael Ramos and Wenjian Liu -- heroes who were attacked for the uniform they wore and the badge they carried. 

Saturday's killings were an attack on not just two of our finest men, but an attack on our democracy and our values -- an attack on every single New Yorker. 

But more than anything else, the murder of Officers Ramos and Liu are tragedies for their families, and I urge all New Yorkers to stand in solidarity with them. These families are now our families and they are suffering unspeakable pain. 

There will be a time to return to debates of past weeks. But let me be clear: Now is not that time. 

I ask all sides -- those who have protested and those who have been vocal against protests -- to step back and turn our thoughts to our shared identity as New Yorkers and to honoring the memories of the two fine men we lost. 

First and foremost, let us remember our obligation to protect our police just as they protect us. If you hear or see a threat against the NYPD, call 911 and report it immediately. 

But let's also aspire to do more. One member of Officer Ramos's family called for "peaceful coexistence" in our city. We can and must honor his memory and the memory of Officer Liu by being the best city we can be. Our strength has always been our incredible diversity, and within that diversity a bond that unites us far more than it divides us. 

In these challenging times, let us rededicate ourselves to the common values we cherish: respect for all people, the rule of law, and the principle that the best way to move forward is by doing it together. 

Thank you, 

Bill de Blasio
Mayor 



Wave Hill Events Jan 9–Jan 16


With the arrival of the new year, there is a subtle shift of energy in the landscape. A birding walk, a family walk (who’s awake?), a nature walk and talk (who’s asleep?) and this week’s family art, all focus on signs of life here and there in the gardens. Complimenting this new energy beautifully are the Sunday performance by the Parker Quartet and the nature photography workshop starting Tuesday, Best of all, there is still a little space available at both.

SAT, JANUARY 10    NATURE’S ENDURANCE: TALK AND WALK
Plants and animals are resilient creatures, even in harsh winter temperatures. Join naturalist Gabriel Willow on a combined indoor and outdoor program to learn how plants and animals survive during New York’s chilliest season. Witness some amazing adaptive strategies that help them survive, from hibernation to migration to “anti-freeze-laced” blood. Ages 10 and older welcome with an adult. Free, and admission to the grounds is free untilnoon.
WAVE HILL HOUSE, 9:30AM‒11:30AM

SAT, JANUARY 10    FAMILY ART PROJECT: HIBERNATOR’S DEN
Get to know your local hibernators through sleepy tales of the season. Then make your own furry bear, bat, toad or hedgehog mask, or fashion a dreamy, woodsy home. PJ’s welcome! Free, and admission to the grounds is free until noon. 
WAVE HILL HOUSE, 10AM‒1PM


SAT, JANUARY 10    TAI CHI CHUAN
Quiet like a mountain, moving like a river, Tai Chi is a sequence of gentle movements based on images found in nature. In this hour-long class, Irving Yee, a member of the William CC Chen Tai Chi School, introduces students to the internal martial arts and promotes an awareness of its benefits. Sessions are held indoors in winter. Session fee, which includes admission to the grounds: $25/$15 Wave Hill Member. Advance registration offered online only and includes a $2 discount. Online registration closes at 8AM on the day of the session. Drop-ins will be accommodated as the limited space permits. 
MEET AT PERKINS VISITOR CENTER, 10AM


SUN, JANUARY 11    WINTER BIRDING
The Hudson River valley hosts an impressive diversity of bird species, even during the winter months. Explore Wave Hill’s tranquil gardens and woodlands with naturalist Gabriel Willow to observe birds in their winter habitats. Ages 10 and older welcome with an adult. Birders of all levels welcome! Severe weather cancels. Free with admission to the grounds. (NYC Audubon Members enjoy two-for-one admission.) Registration required, online at www.wavehill.org or at the Perkins Visitor Center.
MEET AT PERKINS VISITOR CENTER, 9:30AM

SUN, JANUARY 11    FAMILY ART PROJECT: HIBERNATOR’S DEN
Get to know your local hibernators through sleepy tales of the season. Then make your own furry bear, bat, toad or hedgehog mask, or fashion a dreamy, woodsy home. PJ’s welcome! Free with admission to the grounds. 
WAVE HILL HOUSE, 10AM‒1PM


SUN, JANUARY 11    HATHA YOGA
Reduce stress and increase your energy by focusing on your posture, breath and mind/body/spirit. Classes are led by Yoga for Bliss Director Neem Dewji and other certified instructors, and last for an hour and a quarter. Ms. Dewji is certified in Hatha and Therapeutic Yoga from The Yoga for Health Foundation, England, and The Integral Yoga Institute, NYC. All levels welcome. Sessions are held indoors in winter. Session fee, which includes admission to the grounds: $25/$15 Wave Hill Member. Advance registration offered online only and includes a $2 discount. Online registration closes at 8AM on the day of the session. Drop-ins will be accommodated as the limited space permits. 
MEET AT PERKINS VISITOR CENTER, 10AM


SUN, JANUARY 11    MEDITATION
Let nature inspire you to find your center and reconnect with your true self using guided mindfulness and other meditation practices. Each session includes instruction in simple techniques, followed by guided meditations. Led by Yoga for Bliss director Neem Dewji and other qualified instructors. Sessions are held indoors. All levels welcome. Session fee, which includes admission to the grounds: $20/$10 Wave Hill Member. Advance registration offered online only and includes a $2 discount. Online registration closes at 8AM on the day of the session. Drop-ins will be accommodated as the limited space permits. 
MEET AT PERKINS VISITOR CENTER, 11:45AM


SUN, JANUARY 11    WHO’S AWAKE? FAMILY WALK
After the Family Art Project, continue exploring the theme on a family-friendly walk through the gardens or woodlands. Many insects and other animals struggle to survive during winter’s chilliest temperatures. Join naturalist and educator Gabriel Willow on a walk through the gardens and woodlands to discover who’s awake. Ages six and older welcome with an adult. Free with admission to the grounds.
MEET AT PERKINS VISITOR CENTER, 1PM


SUN, JANUARY 11    CONCERT: PARKER QUARTET
Lauded by The Boston Globe for its “…pinpoint precision and spectacular sense of urgency,” the Parker Quartet enjoys a full touring schedule and a residency at Harvard University. The Quartet was a Grammy Award-winner for “Best Chamber Music Performance” of 2011. For its second visit to Armor Hall, the ensemble performs Schubert’s beloved masterpiece The Trout Quintet with guest artists double bass player Timothy Cobb and pianist Shai Wosner. The members of the Parker Quartet are violinists Daniel Chong and Ying Xue, violistJessica Bodner and cellist Kee-Hyun Kim. $28 general admission, $15 child (ages 8 to 18). $22 Wave Hill Member, $12 Wave Hill Member child. Registration required, online at www.wavehill.org or at the Perkins Visitor Center. In addition to tickets for individual concerts, subscriptions are also available for any three performances in this 10-concert series, with a 10% discount, or any four performances, for a 15% discount.

WAVE HILL HOUSE, 2PM

SUN, JANUARY 11    GARDEN & CONSERVATORY HIGHLIGHTS WALK
Join us for an hour-long tour of seasonal garden highlights. Free with admission to the grounds.
MEET AT PERKINS VISITOR CENTER, 2PM

MON, JANUARY 12
Closed to the public

TUESDAY, JANUARY 13    ART WORKSHOP: NATURE PHOTOGRAPHY–SESSION 1
Artists have long enjoyed depicting arrangements of fruit, vegetables, flowers and everyday objects on canvas and film. In this workshop, “Arranging Still Life,” photographer Benjamin Swett turns Wave Hill's Toscanini Room into an indoor studio to give students a chance to practice their compositional skills. Through demonstrations, slide lectures, hands-on assignments, and reviews of students’ work, explore techniques of still life photography including lighting, depth of field, contrast and color. Three-session fee: $125/$95 Wave Hill Member. Registration required, online at www.wavehill.org, or at the Perkins Visitor Center. Series continues January 20 and 27.
WAVE HILL HOUSE, 10AM‒1PM


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

HOURS  Open all year, Tuesday through Sunday and many major holidays: 9AM–4:30PM. Closes 5:30PM, March 15–October 31.  
ADMISSION  $8 adults, $4 students and seniors 65+, $2 children 6–18. Free Saturday and Tuesday mornings until noon. Free to Wave Hill Members and children under 6.

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

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

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

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


Saturday, December 20, 2014

Two NYPD Officers Fatally Shot in Brooklyn


    Just before 3 PM today two Police officers from the 66th Precinct in Brooklyn were shot dead while sitting in their patrol car at the corner of Myrtle and Tompkins Avenues by the Tompkins NYCHA housing complex in Bedford Stuyvesant. 

   The officers were taken to Woodhull Hospital a few blocks away where they both died. 

    It has been reported that the shooter ran into the nearby subway station where he shot himself in the head. The shooter was then taken to Kings County Hospital where he was pronounced dead.

   No identification of the officers or the shooter has been released yet, and Mayor de Blasio will be having a press conference on the matter soon with Police Commissioner Bratton.

   The last officer to be shot and killed was 22-year veteran Peter Figoski in December 2011

Statements are now coming in from the elected officials, and will be pouriong in all night.

Bronx Borough President Ruben Diaz Jr.

My thoughts and prayers are with the families, friends and fellow officers of the two NYPD officers who were shot and killed today in Brooklyn. Though we may at times be critical of tactics, that does not diminish the support and admiration I have for New York's Finest. These men and women put their lives on the line everyday to keep our communities safe, and their sacrifice demands our respect. The people of The Bronx are praying for these two heroes.

Councilmember Ritchie Torres .

"I am horrified, as all decent New Yorkers should be, by the recent murder of two police officers in Bed-Stuy, Brooklyn. Any one who shoots a NYC police officer, much less executes one in cold blood, should be aggressively prosecuted to the fullest extent of the law."  

Assemblyman Luis SepĂșlveda 

“The death of two NYPD officers this weekend is nothing short of a tragedy. Our city stands in mourning for these two men, heroes, sworn to protect it. Sources throughout my district have recognized these men as officers having previously served the 43rd Precinct, which has in turn served its citizens loyally for many years. My community and I send our prayers and condolences to the families of these great men.”


Department Of Justice Takes Legal Action To Address Pattern And Practice Of Excessive Force And Violence At Rikers Island Jails That Violates The Constitutional Rights Of Young Male Inmates


  Eric Holder, the Attorney General of the United States, Preet Bharara, the United States Attorney for the Southern District of New York, and Vanita Gupta, the Acting Assistant Attorney General for Civil Rights for the Department of Justice, announced today that the United States has taken legal action to ensure that critically important reforms are put in place to address conduct at Rikers Island that has violated the constitutional rights of New York City’s youngest inmates, who are between the ages of 16 and 18 (“Young Inmates”). Specifically, the Department of Justice has filed a motion seeking the Court’s permission to join and become a plaintiff in a pending class action lawsuit against New York City, Nunez v. City of New York (the “Nunez Action”), which alleges that the Department of Correction (“DOC”) has engaged in a pattern and practice of using unnecessary and excessive force against inmates. The Department has taken this legal step as part of its ongoing effort to ensure that DOC implements all needed institutional reforms promptly, and that these reforms are lasting, verifiable, and enforceable through the judicial process.
Attorney General Eric Holder said: “With this filing, the Department of Justice is taking an important step to ensure the safety and constitutional rights of young people incarcerated at Rikers Island. We’ve seen alarming evidence of unnecessary and excessive use of force against juveniles, as well as a systemic failure to protect them from violence and deeply troubling -- and potentially scarring -- use of solitary confinement. This action allows the Justice Department to seek necessary reforms to remedy these unlawful conditions, to ensure fair treatment, and to provide all incarcerated young people with the protections, and opportunities to build better futures, that they deserve.”
Manhattan U.S. Attorney Preet Bharara said: “Sometimes it’s the case that bureaucracy can get in the way of reform-minded thinking and comprehensive cultural change. We hope that won’t be the case here. We welcome the aspirations articulated by Commissioner Ponte but we hope those aspirations will find concrete expression in the form of permanent, enforceable, and verifiable terms in a court-approved settlement agreement. The devil, as they say, is in the details and we have come to the conclusion that joining the pending case as a formal party is the best and most efficient way to get those details done. That is why we are now taking the steps necessary to carry out our responsibility under the law. Given the longstanding sad state of affairs at Rikers Island, our impatience is more than understandable. As I’ve said before, one way or another, we will get enduring and enforceable reform at Rikers Island.”
Acting Assistant Attorney General Vanita Gupta said: “Today we are taking legal action to ensure that critically important reforms are put in place to address the culture of violence and overuse of punitive segregation at Rikers Island that has violated the constitutional rights of New York City’s youngest inmates. We stand ready to work with the City to remedy these deeply disturbing conditions for the safety of confined youth, remedies that will ultimately also promote public safety and the safety of correctional officers.”
On August 4, 2014, the Department issued a report that concluded that “a deep-seated culture of violence is pervasive throughout the adolescent facilities at Rikers, and DOC staff routinely use force not as a last resort, but instead as a means to control the adolescent population and punish disorderly or disrespectful behavior.” The report urged the City to adopt and implement over 70 specific remedial measures. Although DOC’s new leadership has taken some positive steps in response to the report with respect to the 16- and 17-year-old population, including reducing the inmate-to-staff ratio, developing new programming, and moving toward eliminating the use of punitive segregation, much more needs to be done.
The Department’s proposed 36-page Complaint-in-Intervention (“Complaint”), filed today along with a motion to intervene in the Nunez Action, alleges that the City has engaged in a pattern and practice of violating the constitutional rights of Young Inmates, and that the City’s deliberate indifference to these constitutional rights has caused these inmates serious physical, psychological, and emotional harm. Like the August 4, 2014, report, the Complaint focuses on use of force by staff, inmate-on-inmate violence, and the use of punitive segregation.
Specifically, the Complaint alleges:
  • Staff use force against Young Inmates with alarming frequency. In Fiscal Year 2014, there were 553 reported staff use of force incidents involving Young Inmates at the Robert D. Davoren Center (“RNDC”) and the Eric M. Taylor Center (“EMTC”), the two facilities that housed most Young Inmates. These incidents resulted in 1,088 injuries.
  • Inmate-on-inmate fights and assaults are pervasive in large part because inmates are inadequately supervised by inexperienced and poorly trained officers. In Fiscal Year 2014, there were 657 reported inmate-on-inmate fights involving Young Inmates at RNDC and EMTC.
  • Staff use of force and inmate-on-inmate fights and assaults have resulted in an alarming number of serious injuries to Young Inmates, including broken jaws, broken orbital bones, broken noses, long bone fractures, and lacerations requiring stitches.
  • Staff frequently punch, strike, or kick Young Inmates in the head or facial area.
  • Force is used as a means to punish Young Inmates, and staff unnecessarily continue to use force against inmates who already have been restrained.
  • Force is used in response to inmate verbal taunts and insults.
  • Specialized response teams, including probe and cell extraction teams, use excessive force.
  • Staff regularly tell inmates to “stop resisting,” even though the inmate has been completely subdued, to justify the use of force.
  • Use of excessive force is common in areas outside video surveillance coverage. DOC recently transferred many 18-year-old inmates to housing units that have no video surveillance at all.
The Complaint further alleges that, notwithstanding a long and troubled history of pervasive use of force against inmates at Rikers, the City has for years failed to address systemic deficiencies, including:
  • Failure to ensure that use of force is accurately reported, and allowing a powerful code of silence to persist.
  • Failure to conduct thorough and comprehensive investigations into use of force incidents.
  • Failure to appropriately discipline staff for using excessive and unnecessary force.
  • Failure to ensure that inmates are adequately supervised.
  • Failure to implement an adequate age-appropriate classification system.
  • Failure to provide staff with effective training on the proper use of force and how to appropriately manage youth.
In addition, the Complaint asserts that the City has engaged in a pattern and practice of placing Young Inmates in punitive segregation at an alarming rate and for excessive periods of time.
Since issuing its report in August, the U.S. Attorney’s Office has had several meetings with the City’s Law Department regarding the U.S. Attorney’s Office’s proposed remedial measures. Some of these discussions have included attorneys representing the Nunez plaintiffs, who have been engaging in settlement discussions with the City for several months. However, thus far, although there has been some constructive dialogue, the City has been unwilling to commit to an enforceable agreement including the type of reforms and oversight that are necessary to fully address the long-standing problems at Rikers and safeguard the constitutional rights of inmates.
Mr. Bharara thanked the Board of Correction for its continuing assistance in connection with this matter.
This case is being handled by the Office’s Civil Rights Unit. Assistant U.S. Attorneys Jeffrey K. Powell and Emily E. Daughtry are in charge of the case.
14-379

Former Consultant To New York Democratic Senate Campaign Committee Sentenced In White Plains Federal Court To Three Years In Prison For Tax And Fraud Convictions


This comes from the U.S. Attorney's office.

Melvin Lowe Sentenced for Conspiring with New York State Senator John Sampson To Defraud the Democratic Senate Campaign Committee


  Preet Bharara, the United States Attorney for the Southern District of New York, announced that MELVIN LOWE, a former consultant to the New York State Democratic Senate Campaign Committee ("DSCC"), was sentenced today to 36 months in prison for conspiring with New York State Senator John Sampson to defraud the DSCC of $100,000, and for personal income tax offenses. LOWE was convicted by a jury in September 2014. United States District Judge Vincent L. Briccetti imposed today’s sentence.
Manhattan U.S. Attorney Preet Bharara said: “Melvin Lowe’s corrupt actions were another example of a political figure in New York State putting his own personal greed ahead of the public’s trust. I hope that today’s sentence will send yet another powerful signal to any public official who questions the resolve of this office to root out public corruption.”
According to the Complaint, the Indictment filed in federal court and the evidence presented at trial:
LOWE was retained as a consultant by the DSCC after New York State Senator John Sampson was appointed as the Senate's Democratic Conference Leader following the June 2009 "coup" that temporarily shifted the balance of power in the New York Senate from the Democrats to the Republicans. In early June 2010, Sampson asked LOWE to arrange for a covert payment of $20,000 to Michael Nieves, a Queens-based political operative who had previously worked for former New York State Senator Hiram Monserrate and who had helped engineer the resolution of the Senate coup that had brought Sampson to power. LOWE then arranged for a New Jersey-based political consultant to submit a false invoice to the DSCC for $100,000 in printing services. Sampson approved payment of the invoice and the DSCC sent $100,000 to the New Jersey-based consultant. LOWE instructed the consultant to send $20,000 of the proceeds to Nieves, $75,000 of the proceeds to LOWE's consulting company, and to keep $5,000 for himself. The jury heard evidence that LOWE and Senator Sampson had a close relationship of trust that included LOWE giving Sampson an envelope of cash.
LOWE received more than $2.1 million in consulting income from 2007 to 2012. He reported less than $25,000 in income in each of his federal income tax returns for 2007 through 2009, which he did not file until late 2010. LOWE never filed tax returns for 2010 through 2012. He never made any payments toward his taxes for the years 2000 through 2012.
LOWE also caused a bank to make a false statement to his mortgage lender regarding the balance in his checking account. When the mortgage lender sent LOWE’s bank a Verification of Deposit form to verify LOWE's claim that he had $65,000 in his checking account, LOWE caused the assistant manager to claim that LOWE's account had a balance of more than $80,000. At that time, the balance in LOWE's checking account was $2,156.
*                      *                      *
In addition to the prison sentence, LOWE, 53, of Manhattan, was sentenced to three years’ supervised release.
Mr. Bharara praised the outstanding investigative work of the Internal Revenue Service - Criminal Investigation and the investigators from the U.S. Attorney's Office for the Southern District of New York.
This case is being handled by the Office’s White Plains Division. Assistant United States Attorneys Perry A. Carbone and James McMahon are in charge of the prosecution.