Engel Votes Against Bill to Undermine the Americans With Disabilities Act

  Congressman Eliot L. Engel, a top member on the House Energy and Commerce Committee, today voted against H.R. 620, a bill that would undermine key aspects of the Americans with Disabilities Act (ADA) by removing incentives for businesses to comply with ADA accessibility requirements.

“For nearly 3 decades, the Americans with Disabilities Act has allowed 55 million Americans to access public spaces without fear of exclusion. Today, I voted against H.R. 620, a bill that will significantly undermine the ADA and the ability of Americans with disabilities to fully participate in society,” Engel said.  “Under H.R. 620, restaurants, stores, doctors’ offices, movie theaters, and other places of public accommodation will no longer face immediate legal consequences for being inaccessible. Instead, H.R. 620 places the burden of reporting and educating businesses on our friends and neighbors with disabilities.

“What has come of our society, that those in power are actually seeking ways to exclude people, rather than include? Disability rights are civil rights, and I am vehemently opposed to any attempt to roll them back.”

Chelsea Bomber Ahmad Khan Rahimi Sentenced To Life In Prison For Executing September 2016 Bombing And Attempted Bombing In New York City

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Edward C. O’Callaghan, the Acting Assistant Attorney General for National Security, William F. Sweeney Jr., Assistant Director-in-Charge of the Federal Bureau of Investigation, New York Field Office (“FBI”), and James P. O’Neill, Commissioner of the Police Department for the City of New York (“NYPD”), announced today that AHMAD KHAN RAHIMI, a/k/a “Ahmad Rahami,” was sentenced to life in prison for his execution and attempted execution of bombings in New York City on September 17, 2016.  RAHIMI was convicted on October 16, 2017, following a two-week jury trial before U.S. District Judge Richard M. Berman, who also imposed today’s sentence.

Manhattan U.S. Attorney Geoffrey S. Berman said:  “Inspired by ISIS and al Qaeda, Ahmad Khan Rahimi planted and detonated bombs on the streets of Chelsea, and in New Jersey, intending to kill and maim as many innocent people as possible.  Less than a year-and-a-half after his attacks, Rahimi has now been tried, convicted, and sentenced to life in prison.  Rahimi’s conviction and sentencing are victories for New York City and our nation in the fight against terror.”

Acting Assistant Attorney General Edward C. O’Callaghan said:  “Today our legal system delivered on its promise to provide swift and resolute justice to those who would target innocent victims by perpetrating terrorist attacks against our homeland.  I commend all of the agents, analysts, and prosecutors whose commitment and dedication made this result possible.”

FBI Assistant Director William F. Sweeney Jr. said:  “Today’s sentencing assures us that Ahmad Khan Rahimi will spend the rest of his life behind bars.  Once again, the lesson learned is clear: if you plot to cause catastrophic damage against this city and our citizens, you will be held accountable.  I would like to thank the FBI Joint Terrorism Task Forces here in New York and New Jersey, along with many other law enforcement partners, who moved with speed in this investigation and who work every day to protect Americans from acts of terror.  I would also like to express my gratitude to the public who remained engaged throughout this investigation.  That partnership and the public's continued cooperation are crucial to ensuring we stay ahead of threats, and enhance law enforcement's response following attacks like this.”

Police Commissioner James P. O’Neill said:  “Ahmed Kahn Rahimi placed two ticking bombs in a crowded Manhattan neighborhood on a warm Saturday night.  He then walked away.  It was the most cowardly of all crimes.  His clear intention was to take as many lives as possible.  Rahimi had other bombs and likely other plans.  I want to thank the NYPD officers who responded that night, the agents and NYPD detectives of the JTTF, the NYPD Intelligence Bureau, Detective Bureau, Bomb Squad, ATF Agents, and the officers of the Linden New Jersey Police Department who all had important contributions in the investigation and arrest.  I also want to thank the prosecutors of the US Attorney for the Southern District of New York, the most experienced terrorism prosecutors in the nation for bringing New Yorkers justice.”

According to the Complaint, the Indictment, other filings in Manhattan federal court, evidence at trial, and statements made in court proceedings:

On September 17, 2016, RAHIMI transported two improvised explosive devices from New Jersey to New York, New York.  RAHIMI placed one of the devices in the vicinity of 135 West 23rd Street in the Chelsea neighborhood of New York, New York (the “23rd Street Bomb”) and the other in the vicinity of 131 West 27th Street in the Chelsea neighborhood of New York, New York (the “27th Street Bomb”). 

At approximately 8:30 p.m., the 23rd Street Bomb – containing a high explosive main charge and thousands of ball bearings – detonated, causing injuries to over 30 people and hundreds of thousands of dollars in property damage across a 650-foot crime scene.  The injuries included, among other things, lacerations to the face, abdomen, legs, and arms caused by flying glass; metal shrapnel and fragmentation embedded in skin and bone; and various head injuries.  The explosive components appear to have been placed inside a pressure cooker and left near a dumpster.  The explosion propelled a more-than-100-pound dumpster – which was introduced as an exhibit at trial – more than 120 feet.  The blast shattered windows as far as approximately 400 feet from the blast site and, vertically, more than three stories high.  

Shortly after the 23rd Street Bomb detonated, a civilian identified the 27th Street Bomb and promptly called 911, which recorded call was introduced in evidence and played at trial.  The 27th Street Bomb, which was rendered safe prior to detonation, consisted of, among other things, a pressure cooker connected with wires to a cellular telephone (likely to function as a timer) and packaged with an explosive main charge, ball bearings, and steel nuts. 

Earlier that day, at approximately 9:35 a.m. on September 17, 2016, another improvised explosive device, which had been planted by RAHIMI in the early morning hours, detonated in the vicinity of Seaside Park, New Jersey, along the route for the Seaside Semper Five Marine Corps Charity 5K race.  The start of the race – which was scheduled to begin at 9:00 a.m. – was delayed.  Had the race started on time, the bomb would have detonated as runners were passing by where RAHIMI had planted it. 

On September 18, 2016, at approximately 8:40 p.m., six additional improvised explosive devices that RAHIMI also planted were found inside a backpack located at the entrance to the New Jersey Transit station in Elizabeth, New Jersey.  One of these devices detonated as law enforcement used a robot to defuse it.

On September 19, 2016, at approximately 9:30 a.m., RAHIMI was arrested by police in Linden, New Jersey.  RAHIMI fired multiple shots at police, striking and injuring multiple police officers before he was himself shot, subdued, and placed under arrest.  In the course of RAHIMI’s arrest, a handwritten journal was recovered from RAHIMI’s person.  Written in the journal were, among other things, mentions of explosive devices (including “The sounds of bombs will be heard in the streets” and “Bombs set off in the streets they plan to run a mile”),  and laudatory references to Usama Bin Laden, the former leader of al Qaeda, Anwar al-Awlaki, a former senior leader of al Qaeda in the Arabian Peninsula, Mohammed al-Adnani, a former senior leader of the Islamic State in Iraq and al Sham, and Nidal Hasan, who shot and killed 13 people in Foot Hood, Texas.

In addition to the prison term, RAHIMI, 30, was sentenced to five years of supervised release and ordered to pay $562,803 in restitution.

In addition to the charges for which he was sentenced in Manhattan federal court, RAHIMI also has been charged in a Complaint in the District of New Jersey with offenses in connection with his alleged efforts to detonate explosives in Seaside Park, New Jersey, and Elizabeth, New Jersey.

Mr. Berman praised the outstanding efforts of the Federal Bureau of Investigation’s New York Joint Terrorism Task Force, which principally consists of agents from the FBI and detectives from the New York City Police Department, and the 13th Precinct of the NYPD.  Mr. Berman also thanked the Counterterrorism Section of the Department of Justice’s National Security Division for its assistance.

Manhattan U.S. Attorney Announces Bank Fraud Charges Against NYPD Detective

Michael Bonanno Engaged in a Bank Fraud Scheme With a Co-Conspirator, Who is Also Charged

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and James P. O’Neill, Commissioner of the New York City Police Department (“NYPD”), announced today that MICHAEL BONANNO was arrested and charged in Manhattan federal court with bank fraud, conspiracy to commit bank fraud, and aggravated identity theft, in connection with a scheme to use stolen bank account numbers to make payments on BONANNO’s credit card and home mortgage accounts.  BONANNO was arrested at his home this morning and will be presented today before Magistrate Judge Debra Freeman. 

U.S. Attorney Geoffrey S. Berman said:  “As alleged, Michael Bonanno, who was at the time a detective in the NYPD’s Crime Stoppers unit, and his co-conspirator used victims’ bank account numbers in a scheme to steal hundreds of thousands of dollars from New Yorkers.  In so doing, Bonanno betrayed the public that he swore to protect.  I commend the FBI and the Internal Affairs Bureau of the NYPD for their outstanding work in this investigation.”  

FBI Assistant Director William F. Sweeney Jr. said:  “Plain and simple, Michael Bonanno allegedly used other people’s money to pay off his debts while simultaneously serving as a police officer, charged with investigating criminal wrongdoing.  We don’t allow the general public to get away with these types of crimes, and we won’t allow members of the law enforcement community to get away with them either.” 

NYPD Commissioner James P. O’Neill said:  “I want to commend the dedicated investigators in the NYPD Internal Affairs Bureau and the FBI as well as the prosecutors in the Southern District whose tireless efforts on this corruption case exposed the criminal activity alleged in this arrest.”    

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

BONANNO is a NYPD detective and was a member of the NYPD Crime Stoppers unit, which receives and investigates anonymous tips about criminal activity from members of the community.

From November 2016 to March 2017, BONANNO and a co-conspirator stole and attempted to steal money from the bank accounts of multiple New York residents by making unauthorized wire transfers from victims’ bank accounts to accounts controlled by BONANNO, and by cashing fraudulent checks written from victims’ accounts into an account controlled by BONANNO.

In total, BONANNO and his co-conspirator attempted approximately $1,457,642 in fraudulent wire transfers from victims’ accounts to BONANNO’s accounts, and deposited approximately $68,900 worth of forged checks into BONANNO’s accounts.

BONANNO, 44, of Staten Island, New York, has been charged with one count of bank fraud and one count of conspiracy to commit bank fraud, each of which carries a sentence of 30 years in prison, and one count of aggravated identity theft, which carries a mandatory sentence of two years in prison.  The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge. 

Mr. Berman praised the investigative work of the FBI and NYPD Internal Affairs Bureau in this investigation.

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

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

Statement from Councilman Salamanca Chair of the City Council Land Use Committee on New Jail in the Bronx

"There’s no doubt in my mind that it's time to shut down Rikers Island, and for me, it’s not only due to the critical state of the facilities there, but also because of the deep stigma that surrounds Rikers that resonates with many.

‘But as we address the important issue on how to it shut down, we also need to use the opportunity to address another stigma - one that resonates in lower-income communities, mostly of color, who for far too long have taken on more than their fair share of the types of facilities more affluent neighborhoods have refused to accept.

‘The South Bronx is a perfect example of a community that has historically taken on more than its fair share.  Not only do we have a growing juvenile detention center in the middle of one of our busiest commercial hubs, but we also have the Vernon C. Bain Center, a relic from the crack epidemic of the 1980’s and 1990’s.

‘While the Vernon C. Bain Center, or ‘The Boat’, was supposed to be temporary, it has instead been anchored on the waterfront of Hunts Point for more than twenty-five years. And in that time, it has only added to a stigma that I believe surrounds the South Bronx. For residents, it’s a symbol of embarrassment. For outsiders, it symbolizes that the South Bronx is dangerous, disparate and not worthy of investment. I can’t stand for that.

‘While I understand that four of the five boroughs are finally being asked to take on their fair share, I think that the Bronx has to be given particular attention due to the historical, emotional and psychological encumbrances before us. That attention, to me, includes a real conversation about not only shutting down Rikers, but also on shuttering ‘The Boat’ once and for all.

‘As we move forward, I hope the fact that the South Bronx has been historically disenfranchised is taken into real consideration. As we work to build a more just New York, I for one will not let that fact be forgotten.”

STATEMENT FROM BOROUGH PRESIDENT DIAZ RE: Proposed New Jail in The Bronx

  “I was surprised to learn that the administration has already selected a site for a new jail in The Bronx. I hope that, going forward, this lack of outreach is not a harbinger of the amount of community input the people of my borough will have in this process. I expect that the administration will present my office with a detailed outline of their plans for a new jail, and I will examine those plans carefully as the process moves forward.

“Criminal justice reform, and the need for a fairer court system, is a defining issue of our time. I was proud to work to end ‘stop and frisk’ and to ‘raise the age’ of criminal liability, and that work informs my office’s current efforts to end cash bail and reform parole. Our jail system is a human rights violation, and efforts to limit the unconstitutional levels of our jail population are certainly welcome.

“However, any new site for a jail in this borough must be thoroughly vetted, and the people of The Bronx must have a meaningful say in the selection of any future site, be it the one that has been proposed in Mott Haven or other appropriate sites that could host a new jail. Presenting the selection of this site as a fait accompli undermines the entire process, and has the potential to derail necessary criminal justice reform,” said Bronx Borough President Ruben Diaz Jr.

EDITOR'S NOTE:

We agree 100 PERCENT with Bronx Borough President Ruben Diaz Jr. on this issue.

It seems very interesting that when one looks at the three sites in Brooklyn, Queens, and Manhattan the three sites are currently or have been correction facilities, Hence the name Detention Center after the borough name. 

Once again that the old phrase "The Bronx is Being Dumped Upon" seems fitting.

MAYOR DE BLASIO AND CITY COUNCIL REACH AGREEMENT TO REPLACE RIKERS ISLAND JAILS WITH COMMUNITY-BASED FACILITIES

The agreement ensures a single public review of identified jail sites in four boroughs and marks critical unity on the path to close Rikers Island and modernize the City’s justice system

  Mayor de Blasio and Speaker Corey Johnson announced an agreement today to move forward on closing Rikers Island and creating a smaller, safer and fairer borough-based jail system. Together with the Council Members representing these areas, the Mayor and Speaker have agreed to a single public review process for four proposed sites in Manhattan, Brooklyn, the Bronx and Queens. These sites together will provide off-Island space for 5,000 detainees, and will include the three existing DOC facilities in Manhattan, Brooklyn and Queens, as well as a new site in the Bronx located at 320 Concord Avenue in Mott Haven.

“This agreement marks a huge step forward on our path to closing Rikers Island,” said Mayor de Blasio. “In partnership with the City Council, we can now move ahead with creating a borough-based jail system that’s smaller, safer and fairer. I want to thank these representatives, who share our vision of a more rehabilitative and humane criminal justice system that brings staff and detainees closer to their communities.”

“Today is a historic day, as we are yet one step closer to closing Rikers Island.  The New York City Council is proud to have spearheaded the historic Close Rikers movement by creating the Lippman commission and passing legislation enacting many of its recommendations. The Council has also funded innovative programming to keep cases out of the criminal justice system altogether, such as the CLEAR and HOPE programs, which provide treatment instead of incarceration to those with substance abuse issues. We all know that closing jails on Rikers means opening more humane, community-based facilities elsewhere. I am proud to stand with my Council colleagues and thank them for their support on this crucial issue. I look forward to working closely with Mayor de Blasio, my Council colleagues representing these communities, and the communities themselves in finally achieving our shared goal of closing Rikers Island,” said Speaker Corey Johnson.

“Many Bronx families have been touched by our criminal justice system and understand the importance of creating a more humane approach to detention,” said Council Member Diana Ayala. “This proposed site represents an opportunity to help improve detainee rehabilitation and ultimate reintegration into society, while also creating a safer work environment for officers. I am committed to creating a robust community engagement process on the ground to make sure the neighborhoods I represent and residents throughout the Bronx have an opportunity to provide input into this important proposal. I thank the Mayor, my colleagues and my predecessor, Melissa Mark-Viverito, for her vision in calling for the closing of Rikers Island two years ago.”

With the support of Speaker Johnson and Council Members Chin, Levin, Koslowitz and Ayala, the City has identified four sites to hold new, modified or renovated facilities. These include:

·Manhattan Detention Center, 125 White Street, Manhattan, 10013

·Brooklyn Detention Center, 275 Atlantic Avenue, Brooklyn, 11201

·Queens Detention Center, 126-01 82^nd Avenue, Kew Gardens, 11415

· NYPD Tow Pound, 320 Concord Avenue, Bronx, 10454

These sites will need to go through a public review – a process known as the Uniform Land Use Review Procedure (ULURP) – which includes hearings and recommendations by the local community board, borough president, the City Council and the City Planning Commission. Today’s agreement between the Mayor and Speaker will consolidate the proposal to renovate, expand or construct jails in Manhattan, Brooklyn, Queens and the Bronx into a single ULURP process, which will allow for a more expedited review. An application could be submitted for certification as early as by the end of 2018, and the design process could begin as early as next summer.

Today’s announcement marks another major step in the process to close Rikers Island, which Mayor de Blasio and the City Council first announced in March of last year. In January, the City selected a vendor to identify sites that will eventually replace the jails on Rikers Island. The vendor, Perkins Eastman, and its subcontractors are creating a master plan with recommendations for how to maximize capacity at each of the sites and design jails that best meet the needs of inmates, staff and communities. They will also carry out a comprehensive public engagement process with local communities and stakeholders, and incorporate the feedback and needs of communities into the planning process. In order to expedite the pre-ULURP process, the City will simultaneously carry out environmental reviews to ensure these projects will not have an adverse effect on the surrounding communities.

Because existing borough-based facilities have the capacity to house only approximately 2,300 people, there is no immediate way to close Rikers Island safely and house the population off-Island. Expanding the capacity in the boroughs while simultaneously implementing a series of strategies to significantly reduce the jail population is currently underway. There is now an average of around 9,000 people per day on Rikers Island, which represents a 20 percent reduction since Mayor de Blasio took office.

In recent months, the City has introduced a number of programs that are driving down the jail population. These include a new program that replaces short jail sentences for minor, low-level offenses (typically under 30 days) with services that help prevent recidivism. In addition, the Administration announced that every person in the Department of Correction’s custody will receive re-entry services to help connect them with jobs and opportunities outside of jail, as well as five hours of programming per day to address vocational, educational, and therapeutic needs.

The complete Roadmap to closing Rikers, along with opportunities to get involved, is available atnyc.gov/CloseRikers.

The New York City Council has played a critical role in the movement to close Rikers Island, including convening the Lippman Commission and funding the CLEAR and HOPE programs in partnership with the Brooklyn and Staten Island district attorneys, so that low-level drug offenders can receive treatment and services instead of being sent to jail.

EDITOR'S NOTE:

It seems very interesting that when one looks at the three sites in Brooklyn, Queens, and Manhattan the three sites are currently or have been correction facilities, Hence the name Detention Center after the borough name. 

Councilwoman Ayala is doing her constituents a very big dis favor by taking land where no correction facility is currently or has ever been located, and turning the "Tow Pound" into a maximum jail facility. 

Secondly, where will this current Tow Pound be relocated? In a residential Zone?

DEPARTMENT OF CORRECTION TO INCREASE SAFETY FOR OFFICERS WITH DEDICATED ESU TEAMS FOR HIGHEST-RISK FACILITIES, ADDITIONAL TASERS, AND INCREASED COOPERATION WITH NYPD GANG INTEL BUREAU

The Department will enact a series of security measures, which will be completed this summer, meant to disrupt and significantly reduce violence in city jails and offer COs more protection

  The de Blasio Administration announced today nearly $4.5 million to fund a rapid increase of safety and security measures designed to immediately address violence against New York City Department of Correction officers.

DOC plans a series of enhancements, which include:

·         Adding dedicated Emergency Services Unit (ESU) patrol groups to high-violence facilities.

·         Expanding the number of Tasers for emergency personnel and select uniform staff.

·         Boosting cooperation and coordination with NYPD on intelligence-sharing and gang intelligence training, and assigning NYPD gang intelligence staff to DOC facilities.

These actions are being taken in response to recent unprovoked attacks against the city’s correction officers. The rollout is designed to disrupt the gang activity responsible for many of these vicious assaults and to safeguard those entrusted with keeping our city safe.

“With these high-visibility and comprehensive measures, we send a clear message to the gangs and violent inmates behind the recent attacks against our officers: We aren’t tolerating it,” said Department of Correction Commissioner Cynthia Brann. “These steps will be taken immediately to boost safety for our staff, especially those working in our highest-risk facilities. We want all our officers and staff to know that we have their backs, and they have the full support of the security apparatus at the Department’s disposal. We are acting aggressively to make sure our jails are safe.”   

The following measures will be completed by the end of June. We will:

·   Add additional emergency response patrol units to the most high-violence facilities:

o   Emergency Services Unit (ESU) is a highly trained team that responds to the most dangerous situations on Rikers, and dedicated ESU teams will be providing extra support during the busy and violence-prone shifts at the four most high-risk facilities – AMKC, GRVC, GMDC, and OBCC – at a cost of $3.6 million annually.

·  Expand Taser deployment to personnel assigned to high-violence areas of the jails:

o   Give Tasers to all ESU personnel and specially-trained captains assigned to restrictive housing units and other targeted areas – bringing the total number of staff with Tasers from 25 to 145.

o   DOC has found that the mere presence of Tasers in jail facilities has helped to avert violence, and this increased presence will cost $240K in the first year and $114K in the years following that. 

·   Disrupt gang violence by expanding coordination and intelligence-sharing with NYPD Gang Intelligence Bureau:

Disrupt gang violence by expanding coordination and intelligence-sharing with NYPD Gang Intelligence Bureau:

o   All Correction Intelligence Bureau officers will go through NYPD Gang Intelligence Bureau’s rigorous training to ensure that just as NYPD monitors gangs aggressively in the streets, DOC can do so in the jails with the same level of training and information.

o   DOC and NYPD are developing a plan that will eventually result in the assignment of dedicated NYPD gang intel staff to the DOC Correctional Intelligence Bureau to assist in this effort, at a cost of $579K annually.

About the New York City Department of Correction

The New York City Department of Correction (DOC) provides for the care, custody, and control of persons accused of crimes or convicted and sentenced to one year or less of jail time. The Department manages 12 inmate facilities, nine of which are located on Rikers Island. In addition, the Department operates two hospital Prison Wards (Bellevue and Elmhurst hospitals) and court holding facilities in each borough. During Fiscal Year 2017, the Department handled over 58,000 admissions and managed an average daily inmate population of approximately 9,500 individuals. Our dedicated workforce of both uniformed and non-uniformed staff members represent the city’s BOLDEST. 

ENGEL STATEMENT ON DNI COATS’S PREDICTION OF RUSSIAN ELECTION INTERFERENCE

    Representative Eliot L. Engel, Ranking Member of the House Committee on Foreign Affairs, today made the following statement regarding comments by Director of National Intelligence Daniel Coats and other officials that Russia will likely interfere in the 2018 American elections:

“President Trump’s most senior advisors appear unanimous in their assessment that Russia is set to meddle in our elections again, reiterated today by DNI Coats. Yet the Administration has done nothing to protect our democracy. At this point, I’m growing concerned that the Administration actually welcomes this foreign interference. Russia worked to benefit President Trump before, and it’s a safe guess that Putin continues to support his political objectives. That means Republican leaders in Congress face a choice: act where the Administration hasn’t to stop this attack on American democracy, or accept Russian help in the upcoming election.”