WESTCHESTER GUARDIAN: Andy Shows His True Self In Defeat: Arrogant And Vindictive

Andy Shows His True Self In Defeat: Arrogant And Vindictive

Republican County Legislator George Oros Declares Spano’s Last-Minute Contracts “A Kick In The Teeth To County Taxpayers” Last Monday afternoon, retiring Republican County Legislator, Minority Leader George Oros, held a press conference at his law office in White Plains to blast outgoing County Executive Andy Spano for what Oros called “A 2010 Budget filled with land mines and rewards for Spano’s campaign contributors, especially law firms.” He told reporters, “Republicans are calling for a moratorium.” Oros commented paranthetically, “I’d love to see the budget that would be there if Spano had won.” He went on, “We must bring State, County and Municipal people together. We can achieve real economies of scale. People just can’t take it anymore.” Oros stressed that, for years, he had called for “reform of the Board of Acquisition and Contract,” but that, on November 24, “the A&C Agenda included a handful of multimillion dollar, multi-year contracts.” The so-called “11th Hour Contracts” include: • $2.7 million to various law firms, all of which have been big contributors to Spano’s campaigns to perform of counsel legal services; • $12 million for Westhab to operate homeless shelters; • $4 million for security systems integration at the County Jail; • $900,000 for a fence at Rye Playland. The Board of Acquisition and Contract consists of three members, the County Executive, and his appointed Commissioner of Public Works, as well as the elected Chairman of the Board of Legislators. In effect, the County Executive, through his appointee, retains the power to pass any contract or long-term lease by his control of two out of three votes. Oros told reporters, “The Spano Administration wants to tie Mr. Astorino’s hands and make it much harder to achieve the goals the overwhelming majority of voters chose him to accomplish.” He went further, stating, “This is not the way a county executive who has served 12 years should go out the door.” Oros went on, “Voters spoke loud and clear in the last election that they were tired of business-as-usual in Westchester County government. It’s time for Mr. Spano to step aside and let a breath of fresh air come in.” Asked if he was, in fact, still pushing for A&C reforms, Oros said he would “like to see the County Budget submitted before Election Day, as well as the use of zero-based budgeting.” Under zero-based budgeting, every proposed expense, every purchase, every position in County Government, is re-evaluated in terms of developments since the prior budget to determine whether the position, the purchase, etc., is still justified and necessary going forward or, if, for whatever reason, that expense may need to be increased or possibly cut back, or eliminated altogether. Under such budgeting practices, the tendency to fund unneeded positions and expenses is greatly reduced, and duplication of services and acquisition of unnecessary materials and leased space are more easily identified and eliminated. Oros went on to say, “Spano is frustrating the will and the sentiment of the taxpayers with $30-40 million of 11th hour expenses. We should put those items on hold and give the new administration a change. He owes it to the voters, but he really doesn’t care what they think.” As if to confirm George Oros’ assertions, on Wednesday, just 24 hours after the press conference, the Guardian received a “Letter to the Editor” from a County Government employee (see page four, “Spanocrat Going to County Board of Elections.”) We were gratified that the reader had adopted the title ‘Spanocrat’, coined by The Advocate several years ago to describe those party insiders whose attachment for financial selfenrichment, to Andy Spano and Company was much more compelling than their commitment to Democratic principles and practices.

WESTCHESTER GUARDIAN: Spano’s Misuse Of Funds Hurts Westchester Communities

Spano’s Misuse Of Funds Hurts Westchester Communities

Schorr Demands DiFiore Investigation King Andrew’s Castle Falling Down Republican DA Candidate Schorr Calls For Investigation Into Mismanagement Of Federal Housing Dollars Andrew Spano and his Svengali, Larry Schwartz, ought to be grateful they’ve made it this far; four years in the County Clerk’s Office and twelve up on the Ninth Floor, working the switches and pulling the strings. Sixteen years; one would think they’d quit while they could, while they were ahead. But stepping down isn’t easy for Spano, who actually lost 11 elections in a row until control-freak Larry came into his life. Larry; the man who would go around scaring elderly drivers who didn’t get out of his way quickly enough, telling them he was “the most powerful person in Westchester,” certainly was, and probably still is. And, if fixing the outcome of elections, controlling the purse strings of the Democratic Party, and the employment and lives of some 5,000 County employees and their families wasn’t enough, there’s the hundreds of millions of dollars in contracts over which he presided with no real oversight or veto power to worry about from his bou ht-and-paid-for County Legislators; Democrats always in the majority, the last several years a super-majority rubber stamp. Just consider some of the stunts this tag-team of con men have gotten away with; always with a mind for consolidating and strengthening their control. Not only did they buy the legislators with campaign contributions and getting out the vote; but they also bought favorable television coverage, going forward, way back in March of 2000, nearly 9-1/2 years ago, by giving Cablevision a $22.5 million no-bid gift contract for a failed communications system by their wholly-owned subsidiary Lightpath. Amazing how much silence $22.5 million will buy, and still does. Then there’s that little matter of solid waste disposal; a $70 million renewable, five-year contract with a company that was admittedly doing a “good job.” But Larry had other ideas. He would literall y twist the Legislators’ arms, one at a time, there in the hallway on the 8th floor of the County Office Building, until they okayed a new contract for $17 million dollars more; $87 million with a company “the City of New York would not do business with.” What the hell; it was only the taxpayers’ money. As badly as the mismanagement and squandering of taxpayer funds was over the past several years; worse, still, was the Spano Administration’s mishandling and misappropriation of some $52 million in federal housing aid between 2000 and 2006, failing miserably to comply with the Fair Housing mandate that accompanied the federal grants; in fact, totally misrepresenting Couny efforts to integrate. Three years ago, Th e Anti-Discrimination Center of Metro New York got wise to Spano and Schwartz, and commenced a legal action that will now cost the taxpayers of Westchester, the constituents who, three times, blindly put them at the controls, dearly. Because of their mismanagement and manipulation of some $52 million, we stoood to lose more than $180 million in federal funding. As it now stands, not including three years of County legal fees to defend the case which probably exceed the $2.5 million spent by the Anti-Discrimination Center, the County is compelled, under the terms of the agreement signed last week to give the federal government some $21.6 million, to then be returned for the construction of affordable units while setting aside an additional $30 million for further construction through 2016, as well as paying $8.4 million to the government in fines and opponent’s legal fees; a total of more than $65 million for the misuse of $52 million, or a constructive penalty of some $13 million. We make no overstatement in recognizing that Westchester taxpayers are very upset, not merely over the waste of money at a time when households are struggling, but more importantly over the notion that a federal monitor, much like the situation in Yonkers years ago under Federal Judge Sand, will now be in control of the placement and construction of low-income housing units across the length and width of Westchester. The monitor, of course, is deemed necessary because the federal government can no longer trust Andrew Spano and County Government to do the right thing with large sums of money. Despite Spano’s, and Chairman of the County Legislature, Bill Ryan’s immediate efforts to put a spin on it, there is no question that the homeowners and taxpayers of Westchester have been dealt a raw deal; the kind of thing likely to occur when a governmental subdivision such as a county, has been under the tight-fisted, tyrannical control of an executive office that has methodically eliminated the checks and balances of oversight and veto that ordinarily reside in the legislative branch, but have been corruptly eliminated with cash and carry politics. We can but wonder; the federal government’s civil action, having found such a vulnerable and culpable target in Westchester, can federal indictments be far behind? We intend to stay on top of this situation as well as other misdealing and mismanagement committed under the Spano Regime, but covered up by DA Janet Di-Fiore, a fact not missed by Republican DA candidate Dan Schorr. After all, one must question what motivates people entrusted with control of hundreds of millions of dollars to deliberately act against their constituents’ best interests; for example, to spend $17 million more of taxpayers’ money for solid waste disposal unnecessarily? Given the political implications of such financial recklessness, it’s not unreasonable to imagine the passing of envelopes, filled with cash, in such sweetheart deals.

WESTCHESTER GUARDIAN >>> Castro Serves Notice: “The People Are With Me”

Castro Serves Notice: “The People Are With Me”

Castro Files 14,073 Democratic Signatures Total Is More Than Seven Times Minimum Needed Last Thursday afternoon was a busy time at the Westchester Board of Elections in White Plains. Around noontime many candidates who hope to be running in primary contests come September 15 were coming in with their petitions for filing. Among them were Yonkers Democrats Chuck Lesnick and Sandy Annabi; Chuck seeking re-election as Yonkers City Council President and Sandy, presently Majority Leader of the Yonkers City Council, running in a primary against Jose Alvarado for County Legislator from the 17th District. At 12:30 Tony Castro, who had called a press conference, arrived with several supporters, including his wife Rose, his son Anthony and daughter Isabel, to announce the results of his campaign’s petition-gathering activities. Castro told reporters, “We’ve gathered 14,000 Democratic signatures. People were enthusiastic to sign. Rank and file Democrats recognize me as a People’s candidate, and not a candidate of the wealthy and powerful. The People want an independent prosecutor, not an embedded politician.” Given the extraordinarly large number of signatures, particularly for a single candidate, one reporter asked what he attributed the result to. Castro responded, “The message is very simple. the rank and file Democrats want a life-long Democrat and an independent prosecutor.” Robert Morabito, former Rye Town Supervisor who is challenging Tim Idoni for County Clerk in the Democratic Primary, stood beside Castro and told reporters, “Tony has overwhelming support from rank and file Democrats.” Morabito has been endorsed by the Independence Party. As the press conference went on, news was made on the spot as it was announced that Castro, who had 2,000 signatures from Independence Party members in addition to the 14,000 Democratic signatures, had just gotten word that he had been given the Working Families Party’s endorsement as well. Castro released the following official statement: “As we went door to door to ask every-day Democrats for their support, it became clearer and clearer that our message was getting through. There is only one lifelong Democrat in this race. There is only one candidate who isn’t beholden to party power brokers, and there is only one candidate who will fight for equal justice for all Westchester County residents, and that candidate is yours truly, Tony Castro. Today, we serve notice that Justice in Westchester is not the plaything of the powerful; and, the District Attorney’s Office is not a political prize to be awarded in some power sharing arrangement among the elite. The administration of Justice requires an impartial and independent District Attorney with consistent values; and that is the kind of District Attorney I will be.”

WESTCHESTER GUARDIAN: Mayor’s Shocking Confession Exposes Police Commissioner & DA

Mayor’s Shocking Confession Exposes Police Commissioner & DA

Mayor Clinton Young: “I Think Chong Is Doing Janet DiFiore’s Dirty Work” NATURE OF THE ACTION 1. This is an action for compensatory and punitive damages, proximately resulting from conduct jointly engaged in by Clinton Young with the Defendants named in Zherka v. Robinson, 08 Civ. 9647 (SCR)(hereinafter “Zherka I”) while acting in concert and under color of the laws of the State of New York, for violations of Plaintiff’s rights as guaranteed by the First, Fourth, and Fourteenth Amendments to the United States Constitution, 42 U.S.C §1983. A copy of the complaint in Zherka I is annexed and incorporated herein. JURISDICTION 2. The Court’s jurisdiction is invoked pursuant to 28 U.S.C. §§1331, 1343. THE PARTIES 3. Plaintiff SELIM ZHERKA is a male Caucasian citizen of the United States, a domiciliary of the State of New York, and a resident of the Northern Counties. He is the owner of The Westchester Guardian (hereinafter “Guardian”), a free weekly newspaper having a substantial circulation within the County of Westchester. Since August 2006 the Guardian has published a number of articles critical of incumbent Westchester County District Attorney Janet DiFiore (hereinafter “DiFiore”). In that connection and on Tuesday October 28, 2008, the Guardian sported a picture of DiFiore on its front page with the headline: “A Stubborn, Stupid, And Dishonest DA – A ‘Toxic Cocktail” For Justice” (boldface and capitalizations in original). The article regarding DiFiore is annexed to and incorporated in this complaint. 4. Defendant CLINTON YOUNG (hereinafter “Young”), who is sued in his individual and personal capacities only, at all times relevant to this complaint was the duly elected Mayor of the City of Mount Vernon, New York (hereinafter the “City”). THE FACTS 5. On October 31, 2008, Plaintiff entered Mount Vernon City Hall at approximately 11:04 a.m. for the purpose of attending a public auction for the sale of public properties, which auction was to be conducted in a room of public assembly. Prior to October 31, 2008, he was registered with the City to attend the auction - - which was scheduled to commence at 11:00 a.m. - - for the purpose of bidding on certain of the properties to be offered for sale. 6. Knowing that Plaintiff had registered for and intended to participate in the auction, Defendant’s so-called Chief of Staff (Yolanda Robinson, a friend of DiFiore): a. Arranged through Mount Vernon Police Commissioner (David Chong, a friend of DiFiore) to have a female, African-American Police Officer (Morris) in uniform, posted in City Hall at the second floor entrance to the room where the auction was to occur, and, b. Defendant, Robinson, Chong and Morris agreed to set up a confrontation with Plaintiff by having Morris arbitrarily bar Plaintiff from entering the room where the sparsely attended auction was being conducted on inter alia the following grounds: i) the color of his skin; ii) his gender; iii) his ownership of The Guardian; and iv) his responsibility for publication of the annexed article and the other articles referencedsupra critical of DiFiore. 7. As planned by Young, Robinson, Chong and Morris: a. When Plaintiff attempted to enter the door to access the public auction, Morris without any lawful authority forbade him from doing so on the calculatedly false premise - - supposedly dictated by the City’s Comptroller and/or Deputy Comptroller - - that no one was allowed to enter the auction room after 11:00 a.m. Despite that supposed dictate, and seconds before Plaintiff sought entry, an African-American male with dreadlocks - - who was not even registered to participate in the auction - - was permitted to enter the room by Morris after 11:00 a.m. - - an event witnessed by real estate broker Sam Rivers. In fact neither the Comptroller nor the Deputy Comptroller had issued the directive falsely attributed to them by Morris. b. In that connection Morris was intentionally surly, rude, and offensive to Plaintiff for the Defendants’ agreed-upon objective of provoking a confrontation with respect to which Robinson would then insinuate herself, falsely characterize the incident as racial and sexist in nature, disrupt City Hall business operations, and by pre-arrangement with Young, Chong and Morris have Plaintiff arrested and incarcerated. 8. Once Morris had precipitated the staged confrontation with Plaintiff - - who non-disruptively and correctly advised her that he had a right to participate in the auction - - he removed a mini-recording device from his clothing and recorded the incident. 9. As a proximate result of the commotion caused by Robinson, Assistant to the Mayor John Boykin (hereinafter “Boykin”) an African American male, exited the room where the auction was being conducted and attempted to calm Robinson down. Robinson initially responded by advising Boykin: “Mind your business!” 10. Undeterred, Boykin continued his effort to calm Robinson down. She in turn began screaming racial and sexist accusations at Boykin: “What kind of a Black man are you to let a White man [Zherka] talk that way to a Black woman [Morris]?” 11. When Boykin persisted in his attempt to defuse the situation, Robinson immediately cautioned him: “If you don’t shut up, you’re going in [to jail] with him [Plaintiff]”. 12. Continuing her racist and gender-predicated rantings, Robinson loudly proclaimed to Robert DeBenedictis (hereinafter “DeBenedictis”) - - a prominent business man and friend of Mayor Young, that Zherka “spoke to us [Morris and Robinson] like that cause he[’s] a man and we are Black women”. 13. Appreciating that Robinson was out of control Plaintiff descended the stairs to the first floor of City Hall while Robinson continued screaming, in reference to him: “This white mother fucker [Plaintiff] fucked with the wrong one [Morris]”). Plaintiff without further incident exited the building while Robinson and Morris trailed behind him but remained in the lobby. 14. Having engineered a totally pretextual racial and sexist incident, as pre-arranged Robinson instructed Morris to call a “10-13”, to summon the assistance of other police officers as if she (Morris) were at risk of injury from Plaintiff. Morris complied and within seconds a large number of police officers rushed into City Hall - - passing Plaintiff - - to “assist” Morris. 15. Apparently in response to the “10-13” Chong entered City Hall, briefly spoke with Morris and Robinson, and then intercepted Plaintiff on the steps to City Hall. There Chong advised Plaintiff that he would have to walk across the street and enter the Police Department in order to receive a desk appearance ticket (hereinafter “DAT”) accusing him of “Disorderly Conduct” with respect to the incident staged by Morris and Robinson. 16. In that connection Chong intentionally and falsely advised Plaintiff that he would be permitted to leave the Police Department within a matter of minutes after receiving the DAT. When Plaintiff invited Chong to listen to the tape recording of the incident involving Robinson, Morris, and amongst others himself to learn what actually had occurred, Chong refused. 17. In fact, as pre-arranged by Young, Chong, Robinson, and Morris, Plaintiff: a. Was not given a DAT, b. Was handcuffed and arrested by members of Chong’s Department, c. Was jailed by those same members for in excess of six hours where he (unlike any of the other prisoners in holding cells) was chained to a bench and not afforded access to a toilet and, d. In an unprecedented legal maneuver a City Court Judge [Gross]was summoned by Chong to arraign Plaintiff in City Court on two violations - - that wrongfully attributed to Plaintiff, on the basis of the intentionally false report rendered by Morris [Penal Law §240.50(3)(Falsely Reporting an Incident in the Third Degree); Penal Law §195.00(1)(Official Misconduct)], the disruptive, obscenity-laced diatribe [Penal Law §240.20(1, 2, 3, 4)(Disorderly Conduct); Penal Law §240.25 (Harassment in the First Degree); Penal Law §485.05(1)(“Hate Crimes”); Penal Law §240.26(3)(Harassment in the Second Degree)] that in fact Robinson had publicly staged. 18. While Plaintiff remained locked in the City jail, Chong falsely advised DeBenedictis that the extended duration of that incarceration was not the City’s fault, but rather was attributable to New York State’s failure to timely generate a criminal history or “NYSPIN” report regarding Plaintiff following the City’s submission to the State of Plaintiff’s fingerprint data. In fact Plaintiff was not fingerprinted, no fingerprint data was sent to the State by the City, no NYSPIN report could have been generated under the circumstances, and as a matter of law persons charged in New York State with mere violations are not fingerprinted. 19. Also while Plaintiff remained incarcerated a real estate broker, Peter Bruni (hereinafter “Bruni”), was in Police Headquarters and overheard a conversation between two, African-American, male Police Officers: i) one officer referenced Plaintiff and advised the second officer in words or substance that Yolanda Robinson “did not know who that guy [Zherka] is”, in response to which; ii) the second officer exclaimed in words or substance that Robinson “knows exactly who he is and that’s why she did this”. With the benefit of a photo array, Bruni will identify both officers. 20. With respect to Plaintiff’s arrest and incarceration there was neither probable cause nor arguable probable cause since the “factual” basis for that arrest was a complete and deliberate fabrication by Morris as planned by Young, Robinson and Chong. In that connection Plaintiff at all times was fully aware of his imprisonment, did not consent to same, and it was not otherwise authorized and/or privileged. 21. Subsequent to Plaintiff’s release from jail he and Mayor Young engaged in a number of conversations about Robinson, Morris, and amongst others Chong’s conduct on October 31, 2008, during  which Young made inter alia the following recorded admissions against interest: i) “I won’t even embarrass myself with trying to defend this bull shit”, ii) “Chong is a fucken’ liar”, iii) “I was told [by a member of my staff] it was bad, really bad. . .I just can’t defend this bull shit. . .it was fucked up, real fucked up, there was no need for what happened. There was no need for what happened. It was fucked up, Sammy. I’m not gonna sit here and bullshit you. It was fucked up”, iv) “[City Court Judge] Mark Gross said Chong lied. He was not on a four hour lunch break [an assertion by Chong as to why Plaintiff was kept in jail as long as he was]”, v) “Gross said you never should have been put in handcuffs and kept for hours on a DAT”, vi) “I think Chong is doing Janet [DiFiore’s] dirty work”, vii) “Robinson took it to a level with her mouth that it should not have gone to”, viii) “Even if It’s Sam Zherka or John Q. Public you just can’t do shit like that”, ix) “Sammy let’s go to Memorial Field, let me show you what I’m talking about. . .I can’t jeopardize Memorial Field, Sammy”, x) “Fuckin’ Chong lied to me, Sammy”, xi) “Chong blamed Gross”, xii) “You know Chong is trying to get the fuck out of Mt. Vernon. . . Chong is trying to score points with Janet [DiFiore]” xiii) “I believe Chong is trying to get brownie points with DiFiore” xiv) “In this case I think she’s [Robinson] trying to score points with Janet [DiFiore]”, xv) “She [Robinson] turned a perfectly regular conversation into a racial incident” xvi) “What ever you and Lovett decide to do, do what you have to”, xvii) “Something in Yolanda’s head should have told her to shut the fuck up”, xviii) Chong “has been trying to get the fuck out of Mt. Vernon, looking to go to Florida and anywhere, even Port Chester. . .I want to get Chong the fuck out of Mt. Vernon”, xix) “I’m sorry you got railroaded. It was fucked up”, xx) “The motive was to take down someone big and powerful”, xxi) “I don’t think it started out as a conspiracy, but being it was you, it became one”, xxii) “Yolanda is blaming Chong. She said she never asked to have you arrested”, xxiii) “Chong said it’s not me [Chong], it’s [Judge] Gross”, xxiv) “Judge Gross said everything that happened was wrong, it was dead wrong. Judge Gross said he was in shock”, xxv) “The Judge had nothing to do with it. . .Gross said he doesn’t understand why you were kept in jail for six hours”, xxvi) “Gross said someone is fucking with you [Plaintiff]”, xxvii) “I can’t fire them [Chong, Robinson]. I just can’t do it. It won’t look good because I’d be firing them because of Sam Zherka, and that won’t look good”, xxviii) “Look, I was promised $10,000,000 from the County for Memorial Field, Sammy”, xxix) “Anyone else, any Joe Citizen, but not Sam Zherka. It won’t look right and it won’t be good, not good, for Mount Vernon”, xxx) “Yeah, I think the bitch [Janet DiFiore] was involved. . .she had to be involved”, xxxi) “I told you there is no fucken way we can defend this, no way, whatever you want”, 22. In fact despite Young’s admissions against interest he deliberately took no remedial and/or disciplinary action with respect to Robinson, Morris, and/or Chong - - a circumstance communicated by Young to each of them. By his willful inaction Young intended to and in fact affirmatively endorsed, ratified, condoned, and approved those codefendants’ actions as set forth supra. 23. As a proximate result of Defendant’s conduct Plaintiff was forced to suffer: retaliation for his exercise of his right to free speech and freedom of the press; false arrest/imprisonment premised upon reverse race discrimination and First Amendment retaliation; false arrest/imprisonment by reason of his gender; a violation of his right to Equal Protection; damages by reason of Defendants’ execution of their conspiratorial plan to deny him Equal Protection; a denial of his right to substantive due process; pecuniary losses by reason of his exclusion from the public auction; public humiliation; public embarrassment; anxiety; emotional upset; shame; public disgrace; and he has otherwise been rendered sick and sore. AS AND FOR A FIRST CLAIM 24. Repeats and realleges as if fully set forth the allegations of fact contained in paragraphs “1” to “23”, inclusive. 25. Under the premises Defendant’s conduct and/or retaliatory conduct violated Plaintiff’s rights as guaranteed by the First Amendment to the United States Constitution, 42 U.S.C. §1983. AS AND FOR A SECOND CLAIM 26. Repeats and realleges as if fully set forth the allegations of fact contained in paragraphs “1” to “23”, inclusive. 27. Under the premises Defendant’s conduct violated Plaintiff’s rights as guaranteed by the Fourth Amendment to the United States Constitution, 42 U.S.C. §1983. AS AND FOR A THIRD CLAIM 28. Repeats and realleges as if fully set forth the allegations of fact contained in paragraphs “1” to “23”, inclusive. 29. Under the premises Defendant’s conduct violated Plaintiff’s rights as guaranteed by the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, 42 U.S.C. §1983. AS AND FOR A FOURTH CLAIM 30. Repeats and realleges as if fully set forth the allegations of fact contained in paragraphs “1” to “23”, inclusive. 31. Under the premises Defendant’s conduct violated Plaintiff’s rights as guaranteed by 42 U.S.C. §1985(3). AS AND FOR A FIFTH, ALTERNATIVE CLAIM 32. Repeats and realleges as if fully set forth the allegations of fact contained in paragraphs “1” to “23”, inclusive. 33. Under the premises Defendants’ outrageous and shocking conduct violated Plaintiff’s right to substantive due process as guaranteed him by the Fourteenth Amendment to the United States Constitution, 42 U.S.C. §1983. WHEREFORE a judgment and order should be granted: a. Awarding against the Defendants punitive damages in a sum no less than $10,000,000. b. Awarding against Defendant compensatory damages in a sum no less than $10,000,000, c. Awarding reasonable attorney’s fees and costs, and, d. Granting such other and further relief as to the Court seems just and proper. Dated: White Plains, N.Y. February 5, 2009 ____________________ Jonathan Lovett (4854) Attorney for Plaintiff 222 Bloomingdale Road White Plains, N.Y. 10605 Analysis: DA Janet DiFiore’s First Amendment retaliatory abuse of her Office was vindictive and obvious. She apparently will stop at nothing in her misguided abuse of process against publisher Sam Zherka in retalitation for The Guardian’s exercise of Freedom Of The Press. This is the same District Attorney who continues to prosecute the innocent victims of Yonkers Police brutality while covering up the rogue cops involved; the same DA who demands the firing of veteran, dedicated cops who question her judgment; and, the same DA who prosecutes innocent police officers without a shred of evidence. The Mount Vernon incident clearly illustrates the contaminating influence a misguided district attorney, the likes of Janet DiFiore, will have on the conduct of other public officials, particularly police, who are only too well aware of the damage she can do to them, and their careers, should they refuse to “kiss her ring”. Notoriously dishonest, her stubbornness and stupidity render her a menace to public safety.

WESTCHESTER GUARDIAN: When Will They Level With Us?

When Will They Level With Us?

One Year Later, Serious Doubts Remain Regarding DA DiFiore’s Handling Of Ridley Killing Failure To Release Videotapes And Turn Over Clothing And Personal Effects To Family Point To Coverup Sunday, January 25, 2009 brought a bitter cold afternoon in White Plains; so cold that holding a camera was very uncomfortable, even with gloves on. Equally painful, and uncomfortable to experience, were the faces viewed through the lens, Janet DiFiore, Andy Spano, David Chong, Clinton Young, Ken Jenkins, clearly there attempting to appear to be showing profound respect for the memory of Mount Vernon Police Detective Christopher Ridley, and concern for his family and loved ones. Once again, as is so often the case with Westchester County Government, it was a matter of image v reality. It had been precisely one year to the day since Christopher, a 23-year-old Mount Vernon police officer, with two years on the job, was killed by four Westchester County police officers while he was in the act of trying to apprehend and arrest one Anthony Jacobs, a psychiatrically disturbed individual in his 30s who Ridley, off-duty and visiting White Plains, had seen brutally assaulting a middle-aged man on the street, breaking both of his wrists for not giving him a cigarette on demand. The attempt to single-handedly bring Jacobs under control, despite having moments earlier reached out for help from County police officers within the County Office Building at 148 Martine Avenue, would prove fatal as those officers, together with two who came out of 85 Court Street, would shoot him to death. The precise manner by which that killing occurred remained unresolved in the minds of those gathered Sunday to pay their respects. Officer Ridley’s mother would briefly approach the podium in tears. His dad, Stanley Ridley, spoke of having given his son to the community and of how very much he was missed before he, too, broke into tears before the crowd of more than 150 friends and relatives who had come, not only to pay their respects, but to show their unwavering support for the saddened and still griefstricken family. The event was, essentially, built around the unveiling of a plaque in what would henceforth be known as “Christopher Ridley Plaza”, the area in front of, and immediately adjacent to, 85 Court Street, site of the tragic incident that claimed the young police officer’s life. Stanley Ridley, his father, could not hold back his tears, and paused to compose himself three times as he told those gathered, “This has been a very hard year. To even think about not being with him is hard, let alone thinking I won’t be able to see him get married or see grandchildren. He was my only son, and it’s been hard.” The event was complete with a color guard and statements by Reverend W. Franklyn Richardson, pastor of Mount Vernon’s Grace Baptist Church, Stanley Ridley’s employer, as well as County Executive Andy Spano. Richardson’s remarks seemed somehow very restrained in light of his prior anguish over the secrecy that surrounds the case. There was a candlelight ceremony and prayer offering. Everything had been orchestrated and choreographed by Larry Schwartz, who was careful to check things over, and then disappear before too many media arrived. Therein lay the rub. From the moment of Christopher Ridley’s tragic death, Larry Schwartz and Janet DiFiore have been working overtime to conceal the truth and to put a spin on the official account designed to limit the County’s liability and responsibility, even to the point of making the actions of a young heroic cop come off looking reckless and unprofessional. As usual, they will stop at nothing to cover their backsides, even resorting to the suborning of perjury. Those in the crowd with whom we spoke were not particularly convinced by the DA’s version of the shooting death. Furthermore, DiFiore’s absolute refusal to turn over Christopher’s clothing and personal effects, including his wallet, to his family, has irritated his parents and caused many to openly question her version of events. Many are put out with DA DiFiore’s refusal to release the videotapes. Some have pointed to the release of the cell phone video of the January 28, 2006 shooting of off duty New York City Police Officer Eric Hernandez, at a White Castle restaurant in The Bronx, by a fellow police officer who mistook him for an assailant when he refused to drop his gun, and shot him, inflicting severe leg injuries that ultimately took his life 11 days later. They point to the fact that Bronx DA Robert Johnson, and the New York City Police Department, released the tape of that tragic shooting slightly less than two years to the day prior to Officer Ridley’s death, leaving absolutely no doubt as to what had actually occurred, and serving to corroborate DA Johnson’s, and the grand jury’s, findings. DiFiore’s refusal to release the video surveillance tapes, taken by as many as six cameras, bought, installed, and maintained with County taxpayers’ funds, is seen as just one more indicator that her account of events, the report released by her grand jury, who listened to witnesses whose accounts were closely controlled by her office would not, in fact, be borne out. Given their unbearable suffering and loss, the parents and loved ones of Detective Christopher Ridley are entitled to know the truth about the tragic events that took him from them forever. The People of Westchester who rely upon a District Attorney and a County Executive to carry out their sworn duties to protect and inform them, are likewise entitled to know the truth.