Friday, November 5, 2021

57 Days and Counting

 


It's so good to be down in the Somos conference in Puerto Rico on New York City taxpayer money, alone with my police detail who keep me and my family safe from those crazed weirdos of the other political parties. I am here to solidify my run for governor next year. 


I am goingto have to make a lot of deals before the end of the year, and I have a lot of last minute appointments to give out such as judges, sheriffs, and marshals to name only a few. Let the bidding tart who wants to be appointed at the last minute a judge, sheriff, or marshal?

The above photo is not from the Somos conference.

Former Correction Officer Charged With Using Excessive Force Against Inmate At Green Haven Correctional Facility

 

Officer Charged With Criminal Civil Rights Violation

 Damian Williams, the United States Attorney for the Southern District of New York, Michael J. Driscoll, the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and Anthony J. Annucci, Acting Commissioner of the New York State Department of Corrections and Community Supervision (“DOCCS”), announced today the unsealing of a federal indictment, charging former correction officer AARON FINN with violating the constitutional rights of an inmate in the custody of the DOCCS.  FINN is alleged to have willfully used excessive force amounting to cruel and unusual punishment against a restrained inmate by striking and thrashing him, causing bodily injury to that inmate, in violation the inmate’s rights under the United States Constitution. FINN was arrested this morning, and was presented before U.S. Magistrate Judge Andrew E. Krause in White Plains federal court this afternoon. This case been assigned to U.S. District Judge Nelson S. Román.

U.S. Attorney Damian Williams said:  “Correction officer Aaron Finn allegedly assaulted an inmate whom he was sworn not only to guard—but also to protect.  The manner in which a country treats its incarcerated is indicative of its values, and today’s indictment underscores that incarceration should not result in undue loss of human dignity. Unfair and illegal abuses to those serving their debt to society cannot and will not be tolerated by this Office.”

FBI Assistant Director-in-Charge Michael J. Driscoll said: “Those charged with maintaining a stable environment within the prison system are not exempt from facing charges themselves if their conduct crosses constitutional lines. Today we allege Finn did just that when he applied excessive force against an inmate. Allegations of this type will always be investigated and never be tolerated.”

DOCCS Acting Commissioner Anthony J. Annucci said:  “The Department is overwhelmingly comprised of dedicated, professional staff who take their jobs seriously and carry out their duties in a professional manner, and those few who choose to violate their oath of office,  are not welcome among our ranks. The message here is loud and clear: criminal behavior will not be tolerated and those who break the law will be held accountable and prosecuted. I am proud that the Department’s Office of Special Investigations was able to partner with the Federal Bureau of Investigation in this arrest and the pursuit of justice.”

According to the allegations in the Indictment[1] unsealed today in White Plains federal court:

Green Haven Correctional Facility is a maximum security prison located in the town of Stormville, New York, and is maintained by the DOCCS.  At the time of the deprivation of the inmate’s constitutional rights, FINN was employed at Green Haven as a correction officer. On March 19, 2020, while working at Green Haven, FINN struck an inmate in DOCCS custody (“Inmate-1”) multiple times, and thrashed Inmate-1’s body and head while Inmate-1 was restrained.

AARON FINN, 35, of Hyde Park, New York, is charged with one count of deprivation of civil rights under color of law, which carries a maximum sentence of 10 years in prison.

Mr. Williams praised the investigative work of the FBI, and the Department of Corrections and Community Supervision Office of Special Investigations.   

The allegations in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

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

Governor Hochul Updates New Yorkers on State’s Progress Combating COVID-19 - NOVEMBER 4, 2021

 Clinical specimen testing for Novel Coronavirus (COVID-19) at Wadsworth Laboratory

75,490 Vaccine Doses Administered Over Last 24 Hours  

33 COVID-19 Deaths Statewide Yesterday   


 Governor Kathy Hochul today updated New Yorkers on the state's progress combating COVID-19.  

"The vaccine is the most important tool we have in the fight against COVID-19 and with winter months approaching, it's more important than ever that we keep working to get all New Yorkers vaccinated," Governor Hochul said. "Not only is the vaccine safe, effective, and readily available, but we have established incentive programs to encourage those who remain unvaccinated to get their shot. It is crucial that we continue to work together to protect our loved ones and our communities and getting the vaccine is the best way to accomplish that goal."
 
Today's data is summarized briefly below:

·         Test Results Reported - 195,601
·         Total Positive - 4,587
·         Percent Positive - 2.35%
·         7-Day Average Percent Positive - 2.30%
·         Patient Hospitalization - 1,888 (-20)
·         Patients Newly Admitted - 249
·         Patients in ICU - 413 (-20)
·         Patients in ICU with Intubation - 241 (-13)
·         Total Discharges - 209,151 (+235)
·         New deaths reported by healthcare facilities through HERDS - 33
·         Total deaths reported by healthcare facilities through HERDS - 45,693

The Health Electronic Response Data System is a NYS DOH data source that collects confirmed daily death data as reported by hospitals, nursing homes and adult care facilities only.
·         Total deaths reported to and compiled by the CDC - 58,164
This daily COVID-19 provisional death certificate data reported by NYS DOH and NYC to the CDC includes those who died in any location, including hospitals, nursing homes, adult care facilities, at home, in hospice and other settings.
·         Total vaccine doses administered - 27,467,842
·         Total vaccine doses administered over past 24 hours - 75,490
·         Total vaccine doses administered over past 7 days - 537,761
·         Percent of New Yorkers ages 18 and older with at least one vaccine dose - 84.6%
·         Percent of New Yorkers ages 18 and older with completed vaccine series - 76.9%
·         Percent of New Yorkers ages 18 and older with at least one vaccine dose (CDC) - 87.8%
·         Percent of New Yorkers ages 18 and older with completed vaccine series (CDC) - 78.9%
·         Percent of all New Yorkers with at least one vaccine dose - 71.7%
·         Percent of all New Yorkers with completed vaccine series - 65.1%
·         Percent of all New Yorkers with at least one vaccine dose (CDC) - 74.5%
·         Percent of all New Yorkers with completed vaccine series (CDC) - 66.8%

VISION ZERO: MAYOR DE BLASIO ANNOUNCES MAJOR NYPD TRAFFIC ENFORCEMENT FOR RETURN OF "DUSK AND DARKNESS"

 

Multi-agency efforts combine education and awareness with heightened NYPD evening and overnight enforcement
 
Officials call for state legislation to allow automated speed cameras to operate 24/7

 Mayor Bill de Blasio today announced the return of the City’s annual fall Dusk and Darkness campaign to keep pedestrians and cyclists safe during fall and winter evenings, especially after clocks “fall back” for the end of Daylight Saving Time this Sunday morning.
 
Department of Transportation Commissioner Hank Gutman, NYPD Chief of Transportation Kim Royster and TLC Commissioner and Chair Aloysee Heredia Jarmoszuk spoke at One Police Plaza to announce major education and enforcement efforts aimed to shift driver behavior. Agency officials cited recent increases in reckless driving in overnight hours during the pandemic – and renewed the call for state legislation to allow New York City’s automated speed cameras to operate 24/7.
 
“As the sun sets earlier, drivers have an extra responsibility to slow down and keep pedestrians, cyclists, and themselves safe. The Dusk and Darkness program combines education and enforcement to make sure they do just that,” said Mayor Bill de Blasio. “Now, it’s time to go further. Once again, I urge our partners in Albany to let New York City operate speed cameras 24 hours a day, seven days a week. That legislation will hold dangerous drivers accountable and save lives. It can’t pass soon enough.”
 
“As we move into daylight saving time this weekend, motorists should remain alert while driving on our local streets and highways,” said Chief Kim Y. Royster, NYPD Chief of Transportation. “Historically, this is the most dangerous time of the year for pedestrians and cyclists. Our Dusk and Darkness campaign is a traffic initiative that promotes road safety in New York City. The NYPD will be conducting outreach to all road users. Stepped-up enforcement will take place where pedestrians and cyclists are most likely to be injured. It is really drivers that have the power to save lives and with the assistance of our Vision Zero partners, the NYPD will continue to keep our streets safe during the fall and winter months. Traffic safety is public safety.” 
 
“Dusk and Darkness has illustrated the very best of what New York City has done around Vision Zero, as it has fundamentally changed the way we approach education and strong enforcement during a season that is traditionally the most dangerous on our streets for pedestrians,” said DOT Commissioner Gutman. “Today, we are not only getting out the word to drivers about the dangers of earlier sunsets, and we are joining our agency partners at NYPD and TLC to remind motorists that with darkness coming so much earlier now, they need to pay close attention.  And as the epidemic of perilous overnight speeding has grown over the course of the pandemic, we are once again calling on Albany to pass legislation to allow our speed cameras to operate 24/7.”
  
“Shorter days make it more difficult to see at dusk during rush-hour. As always, TLC urges all TLC-Licensed Drivers and motorists on the road to never speed, always yield to pedestrians, turn slowly, stop fully at red lights, and stay alert for cyclists,” said TLC Commissioner and Chair Aloysee Heredia Jarmoszuk. “We greatly thank TLC-Licensed Drivers for their extra caution and diligence as Daylight Saving Time ends and we approach the darker winter months.” 
 
DOT data from 2010-2014, before the launch of the Dusk and Darkness campaign, showed serious collisions involving pedestrians increase by approximately 40 percent in darker early evenings in late fall and winter. Additionally, lower visibility during the dark hours of the colder months leads to twice as many crashes involving turns.
 
The campaign, now in its sixth year, has been correlated to improved safety on City streets: comparing evening and overnight fatalities of the five years of the Dusk and Darkness campaign (November – March, 2016-2021) to the prior five years pre-campaign, the average annual number of fatalities has declined by 18%. 
 
The Dusk and Darkness campaign is also designed to protect the increasing number of cyclists on New York City’s streets. According to recent DOT reports, cycling has tripled in the last 15 years.
 
“Dusk and Darkness” also includes:
  • Day of Awareness: DOT and NYPD Street Teams spread out at high-visibility locations across all five boroughs this morning to remind commuters of the increased dangers of traffic crashes during the fall evening and overnight hours. Those teams will also be visible this evening.
  • Increased Evening/Nighttime Enforcement: NYPD will focus enforcement resources on speeding and failure to yield. Precincts will increase their on-street presence around sunset hours on high-crash corridors for both cyclists and pedestrians.
  • Daylight Saving Awareness: Daylight saving time will end at 2 a.m. on Sunday. As with previous years, Vision Zero Task Force agencies and partners will use social media channels to alert drivers to the dangers of lower visibility, while encouraging them to follow the 25 MPH citywide speed limit, and yield to pedestrians and cyclists. DOT will feature the driver-targeted Vision Zero “Signs” awareness campaigns on bus shelters, LinkNYC kiosks, and print advertising.
 
Legislation sponsored by Senator Andrew Gounardes and Assembly Member Deborah Glick (S5602/A6681) would allow speed camera operation 24 hours, 7 day a week. The legislation also allows for escalating fines with subsequent notices of liability for drivers who are repeat violators. Last month, DOT released its annual Automated Speed Enforcement Program report, which highlighted the success of more than 1,600 cameras citywide at curbing speeding – by over 70%. However, analysis of 2020 fatalities showed that nearly 30% of all fatalities occur in speed camera zones during overnight and on weekends when they are not allowed to operate.
 
“With fewer hours of daylight and lower visibility, driving safely is especially important at this time of year,” said Health Commissioner Dave A. Chokshi. “Drivers, please slow down and look out for pedestrians, bicyclists, and all road users. Everyone has a role to play in making New York City’s streets safer.”
 

Current And Former Metropolitan Correctional Center Employees And Inmates Indicted For Bribery, Contraband Smuggling, Narcotics Distribution, And Obstruction Of Justice Offenses

 

Defendants Include Three Current and Former MCC Employees and Eight Former MCC Inmates Charged with Participating in Wide-Ranging Scheme

 Damian Williams, the United States Attorney for the Southern District of New York, Michael J. Driscoll, Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), Ryan T. Geach, Special Agent-in-Charge of the Department of Justice Office of the Inspector General New York Field Office (“DOJ-OIG”), and Frank Russo, Director of Field Operations for U.S. Customs and Border Protection in New York (“CBP”), announced today the unsealing of an indictment charging three current or former Bureau of Prisons (“BOP”) employees, as well as eight former inmates of the Metropolitan Correctional Center (“MCC”), of conspiring to smuggle contraband such as drugs, alcohol, and cellphones to inmates at the MCC. Two of the BOP employees were also charged with obstructing justice.  Four of the defendants were arrested today and will be presented before Magistrate Judge Sarah L. Cave later today.  The additional defendants are already in federal custody and will be presented in this District at a later date.   The case has been assigned to U.S. District Judge Andrew L. Carter.

U.S. Attorney Damian Williams said:  “As alleged, MCC corrections officers Perry Joyner and Mario Feliciano, and MCC unit secretary Sharon Griffith-McKnight, undermined the institution they swore to serve by conspiring with the very inmates they are charged to protect by smuggling contraband into the MCC and, in the case of Joyner and Griffith-McKnight, by obstructing the pursuit of justice.  This Office is committed to rooting out corruption in our jails and prisons.”

FBI Assistant Director-in-Charge Michael J. Driscoll said:  “Federal law enforcement officers take an oath to defend the laws of the United States and protect its citizens. We allege the guards we've arrested today acted like nothing more than the criminals in their charge and assisted incarcerated offenders in committing more crimes. Our FBI/NYPD Joint Violent Crimes Task Force is working with our partners to root out the corruption we've uncovered; they will find everyone who should be held accountable for their blatant disregard for the law.”

DOJ-OIG Special Agent-in-Charge Ryan T. Geach said:  “The defendants allegedly engaged in an extensive scheme to introduce dangerous contraband into MCC New York, threatening the safety and security of the institution, inmates, staff, and the public.”

CBP Director of Field Operations Frank Russo said: “As public servants, we are naturally held to a higher standard of conduct and subject to the same laws and rules that apply to private citizens. CBP will fully assist the Department of Justice in any and all investigations involving alleged unlawful conduct by our personnel, including cases that involve conduct which occurred prior to employment with CBP.”

According to the Indictment[1] unsealed today:

The defendants participated in an extensive scheme involving bribery and smuggling of contraband, and the distribution of contraband within the MCC.  The defendants include two current employees of the BOP, PERRY JOYNER and SHARON GRIFFITH-MCKNIGHT, and one former employee of the BOP, MARIO FELICIANO, as well as eight former MCC inmates: DONNELL MURRAY, a/k/a “Don P,” MARKEEN JORDAN, a/k/a “Kingo,” ANTHONY ELLISON, a/k/a “Harv,” TYRELL SUMPTER, a/k/a “Rell,” KEVIN CROSBY, a/k/a “Sama,” DAVID VALERIO, a/k/a “Santana,” a/k/a “Bando,” VIRGILIO ACEVEDO DE LOS SANTOS, a/k/a “Jairo Taveras,” a/k/a “Junior,” and STARLIN NUNEZ, a/k/a “Chino,” a/k/a “Junior.”

The contraband that JOYNER, FELICIANO, and GRIFFITH-MCKNIGHT smuggled into the MCC included controlled substances, cellphones, alcohol, and cigarettes.  For their efforts, JOYNER and FELICIANO agreed to receive, and did receive, bribes from the inmate-defendants.

During the course of the scheme, in an effort to obtain a lesser sentence for ELLISON, GRIFFITH-MCKNIGHT submitted a letter to the District Judge responsible for sentencing inmate and co-defendant ELLISON that falsely described ELLISON as a “model inmate” even though at the time GRIFFITH-MCKNIGHT was smuggling contraband to ELLISON and therefore knew he was anything but a “model inmate.”  Relying on this letter from GRIFFITH-MCKNIGHT, the District Judge who presided over ELLISON’s sentencing remarked that ELLISON’s purported good behavior in prison was “impressive” and that “[u]nless this is some sort of Grisham novel, and people are all corrupt and making all of this up about [ELLISON], it seems to me that it’s unavoidable that [ELLISON’s] trajectory at the MCC contains a lot of good.”

JOYNER obstructed justice by intimidating and threatening an inmate—an inmate that JOYNER was charged with protecting—whom JOYNER believed was providing the Government with information about JOYNER’s participation in the charged scheme.        

A chart containing the names, charges, and maximum penalties for the defendants is set forth below.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge assigned to each case.

Mr. Williams praised the outstanding work of the FBI, DOJ OIG, Special Agents from the U.S. Attorney’s Office for the Southern District of New York, and CBP.

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

Attorney General James Releases Statement on Tentative Agreement Between CWA and Catholic Health System

 

 New York Attorney General Letitia James released the following statement on the tentative agreement reached between the Catholic Health System and members of CWA who have been on strike in Buffalo for the past few weeks:

“I am pleased that the hardworking members of CWA reached a tentative agreement with the Catholic Health System and are finally getting the treatment they deserve. These workers put their lives on the line every day to support New Yorkers through this pandemic and beyond, and it’s about time they get treated with dignity and respect. We will continue to stand together to fight for our workers and ensure they have the real pay, real support, and real safety that they deserve.”

CITY REACHES AGREEMENTS WITH FOUR LABOR UNIONS ON VACCINATION MANDATE POLICIES


 

Agreement codifies exemption process and leave policies for employees in these unions; currently 92% of City workers under the mandate are vaccinated

 

 Today, Mayor Bill de Blasio announced agreements with four labor unions regarding the City’s vaccination mandate, including on exemption requests and leave policies. Currently, over 92% of City workers under the mandate are vaccinated. 

 

The unions who have signed the agreement are: DC 37, Teamsters Local 237, Uniformed Sanitationmen's Association Local 831, and SEIU Local 300, who collectively represent approximately 75,000 employees (excluding members employed at DOE or H+H).  

 

“Vaccinations are critical to our recovery and our city workforce is leading the way,” said Mayor Bill de Blasio. “92 percent of city employees have stepped up and gotten vaccinated, and this agreement ensures a fair process for those seeking exemptions. Thank you to these unions for working with us to keep New Yorkers safe.”

 

“We are proud to have negotiated collective bargaining agreements with several unions regarding the vaccination mandate, which provide a process for our employees to request medical or religious exemptions and establish rules for employees on leave without pay. We appreciate the partnership of our labor representatives, and look forward to discussions with the City’s other unions,” said Commissioner of the Mayor’s Office of Labor Relations Renee Campion.

  

Under this agreement, as at the DOE, employees who have applied for an exemption from the vaccine mandate for medical or religious reasons will receive an initial decision from the agency, then have the option to appeal that decision to an arbitrator who will decide the exemption based upon the same criteria used at the DOE. Employees also retain the option of appealing to an internal city panel who would decide the exemption as required by applicable law. This process ensures that those with appropriately justified medical or religious reasons have multiple options for their claim to be adjudicated.

 

Members of unions who have signed this agreement, who filed an exemption request by 11/2 will remain on payroll with weekly testing pending determination of the agency and any appeal. An employee who files an exemption request between 11/3 and 11/5 will remain on payroll with weekly testing pending initial agency determination, but go on leave without pay (LWOP) if appealing that determination.

 

This agreement confirms the City’s right to place unvaccinated employees without an exemption on leave without pay with health benefits effective November 1, or after denial of exemption request depending on the date exemption request was submitted. 

 

Employees on leave without pay may choose to voluntarily separate from service and can maintain health insurance through June 30, 2022.Employees on leave without pay may also elect to extend the leave until June 30, 2022, but agree to separate voluntarily with waiver of right to challenge if not vaccinated by June 30, 2022. In addition, any employee who gets vaccinated while on leave can return to work at their same work location. 

 

As part of this agreement, these unions have agreed to withdraw litigation filed last month which challenged the City’s right to implement the mandate.

 

Thursday, November 4, 2021

DEC ADOPTS NEW REGULATIONS TO PROTECT WILDLIFE MANAGEMENT AREAS

 

New Regulations will Improve Conservation and Safeguard Sustained Public Use

 New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos today announced the adoption of new regulations governing the public use of Wildlife Management Areas (WMA), and the simultaneous repeal of three obsolete area-specific regulations. These regulations will become effective Jan. 1, 2022. DEC’s Division of Fish and Wildlife manages 125 WMAs and several Unique and Multiple Use Areas across the state. Collectively known as the WMA system, these areas comprise nearly 250,000 acres. 

 

“Visitor use and enjoyment of DEC’s wildlife management areas across the state have increased significantly over the years,” Commissioner Seggos said. “To protect these special places for future generations and sustainably welcome visitors, DEC is updating our rules to ensure the WMA system continues to meet the primary goals of conserving wildlife and providing opportunities to safely hunt, trap, and appreciate wildlife.”  

 

DEC adopted the new regulations following a public comment period earlier this year. The full text can be found on the DEC website at https://www.dec.ny.gov/outdoor/7768.html. New regulations include provisions to:  

  • Restrict the use of motor vehicles and some motorized equipment, such as chainsaws, in WMAs. Snowmobiles will be allowed on designated routes covered by a minimum of three inches of snow or ice and only from the close of the regular big game hunting season until March 31. This measure will help prevent the degradation of trails and habitat, particularly during winter and spring thaws; 
  • Prevent the introduction of aquatic invasive species; 
  • Restrict the discharge of firearms other than for hunting or trapping to designated areas. Only paper targets will be allowed; 
  • Restrict the use of boats to electric or non-powered boats. Boats may not be stored or anchored overnight on WMAs;and
  • Require that dogs be kept on a leash and under control. Exceptions include when dogs are being legally used for hunting, training for hunting on lands designated as dog-training areas during training seasons, or when participating in a DEC-licensed field trial. 

Visitors to New York State's WMAs should always be aware of the rules governing the WMA. Each WMA has a webpage that lists featured activities, available facilities, any site-specific restrictions, and a map of the area. For more information, go to: https://www.dec.ny.gov/outdoor/7768.html.