EXHIBIT 8 – Exhibit FF Evidence Unlawful Policing SUFFOLK PATCHOGUE NYSCheck out these fake police training records created by Patchogue, Pontieri, Egan Snead to hunt latinos and undesirables. NY State and Suffolk were in on the scam because it made revenue.
EXHIBIT 8 – Exhibit FF Evidence Unlawful Policing SUFFOLK PATCHOGUE NYS
After Marcelo’s murder, the Village of Patchogue’s fake constabulary was secretly and quietly disbanded. Those involved violated Federal, State, Suffolk and Village Law, and have not been held accountable. Those covering -up the fake cops have been able to advance their careers despite having engaged in violating the rights of thousands in our home town.
The Village of Patchogue’s fake cops were involved with the Marcello Lucero murder–were illegally at the crime scene– and may have been responsible for the inordinate and possible deliberate- 40 minute- delay of bringing Marcello Lucero to the hospital. The ensuing hemorrhaging of blood may have been a contributing factor to Marcelo’s death.
Alan Schneider Director of Civil Service Suffolk correspondence
Suffolk’s County was instrumental in the creation of an unauthorized police force in Patchogue and Port Jefferson NY. Suffolk officials participated in a scam that allowed the fake cops of Patchogue to be paid on fraudulent duty statements and false applications for payment. Bottom line: Suffolk paid the fake cops, knowing they were fake and knowing the statements they made for payment were fraudulent. Suffolk knew the cops were fake when they paid them. In the emails [link above and below] is conversation between Suffolk County Attorney Christine Malafi and Alan Schneider [Director of Personnel] where these officials engage in damage control claiming that so long as they quietly condemn the racially motivated illegal policing, Suffolk County can avoid responsibility for the hunting of undesirables with fake police.
“plausible Denial ” fake cop strategy: Click on the link above to see the interagency emails of Suffolk officials in which they acknowledge Patchogue’s Cops were/are illegal.
Alan Schneider Director of Civil Service Suffolk correspondence
I have the number two person in Suffolk County Personnel, Ms. De Stephano , in a hour and a half taped telephone interview emphatically explaining how NO-show jobs are created in Suffolk County.
Ms. De Stephano explains that friends of major politicians, such a Pontieri, are allowed to submit signed sworn-to duty statements which lack a job descrption.
Suffolk County personnel then pens into the document, an exceptable yet untrue or fraudulent job-description to make it pass through the system allowing those receiving pay for illegal NO-Show jobs to receive benefits and pensions, including NYS pensions
She passionately tries to persuade me that the practice is so widespread that nothing can be done of this violation of law, in order to coverup the fake constabulary of Port Jefferson. Moreover the explanation of how entire illegal police depts are funded, is that Suffolk County does not require compliance with NYS pension fund and reporting law.
The District Attorneys office is in on the scam. And I have had conversations with Alan Schneider director of personnel stating that when I complained in the past, investigators from the DA’s Office rifled through the Civil Service files looking for evidence fake Patchogue Constable Alex Costello’s file in an attempt at damage control.
I have emails that show ex Suffolk Attorney Christine Malafi was aware of the practices which reveal she is only concerned with avoiding lawsuits, and not protecting the Taxpayers’ money.
Henry R. Terry
P.O. Box 2148
Patchogue, NY 11772
73. It is no longer a debate that the Constables are illegal : the Village has admitted that the firearms were illegal and then upon the quiet insistance of NYS disbanded the constables.
“Upon Motion made by Deputy Mayor McGiff, seconded by Trustee Crean, and unanimously carried, the board set a public hearing to held on June 9, 2008, at 14 Baker Street, Patchogue, New York, to consider rescinding Village Code 7-4, Subsection F. “This has to do with our code officers being armed. Effective June 1st the code officers will no longer carry weapons. This is something we have struggled with over the past four years. The civil service law job description does not address the issue of their being armed. The Suffolk County Charter around 1960 which created the Suffolk County Police Department effectively emasculated villages in having a separate police force. Two prior administrations have sought these code officers as peace officer from Albany and that has been denied…The third thing is, and it is the least out of all of them, but the greatest of impact on those in some sense performing, the liability insurance on our code officers carrying weapons is between ¼ and 1/3 of our total liability policy which is close to $100,000. For that policy that two men, at sometimes three men on duty, and most of the time only one during the course of the day costs about $100,000. It is not an easy decision to make. The Village Attorney did a lot of research on it for us. One of the other issues that became very clear, Village Clerk Seal contacted almost every village that has code enforcement. There is only one other village on Long Island that does carry a weapon and that’s Port Jefferson. They are going through the same process that we are going through…It is unfortunate that circumstances are what they are and based on New York State Civil Service law the carrying of a weapon ceases as of the end of this month. Upon a motion made by Deputy Mayor McGiff, seconded by Trustee Hilton, and unanimously carried, the request was approved as stated above.
74. On or about January 26, 2008, another new piece of evidence which support the illegality of the unlawful police activity on the part of Defendants alleged by Terry is the following Village public board of trustee meeting, in which the Village surrenders its titles of constables:
Board Meeting January 26, 2008. The Board Meeting of the Board of Trustees met in the Municipal Building, 14 Baker Street, Patchogue, New York on January 26, 2009. The meeting was called to order at 7:30 p.m. by Mayor Pontieri with Deputy Mayor McGiff, Trustees Crean, Dean, Devlin, Hilton…. Village Clerk Seal read: Notice is hereby given that a public meeting will be held on Monday, January 26, 2009, at 7:30 p.m. at the Municipal Building, 14 Baker Street, Patchogue, New York, by the Village Board of the Incorporated Village of Patchogue to repeal Chapters 7 and 7A of the Village Code, a copy of which proposed Local Law is on file at the office of the Village Clerk. At said public hearing any person interested will be given the opportunity to be heard. Village Attorney Egan stated: This is a re-codification of sections that have been used and are in evolution as part of the code. Chapter 5A was the Park Ranger provision. It was originally adopted in the early 90’s and never been filled; we never actually had one on the force at Patchogue. Constables is step one of a two step legislation reform tonight to move that section from constables to the Division of Public Safety/Department of Code Enforcement where it always really, in my opinion, should have been in the first place. This is just more of a recodification of an evolution of these roles and how they are supervised, what their duties are, and how they are utilized today in modern day Village. We never want to leave anything in the code that doesn’t actively reflect what the actual practice procedure of the Village is. Upon a motion made by Deputy Mayor McGiff, seconded by Trustee Devlin, and unanimously carried, the Board repealed Chapters 7 and 7A of the Village Code.
RE: Vigilante Cops in the Incorporated Village of Patchogue
The Incorporated Village of Patchogue created an illegal constabulary or “fake” police department, corrupting many aspects of government and in order to undermine the minority population and drive the immigrants out. These village employees wore illegal uniforms, ticketed civilians and were armed with crowd control deadly force.
The corruption of the Incorporated Village of Patchogue’s constabulary coincides with the Incorporated Village of Patchogue’s redevelopment. The Village’s used federal and state monies to fund its redevelopment through the New York State Department of State, Division of Coastal Resources Local Waterfront Redevelopment Program, which has federal regulations and guidelines that were violated.
One objective of the Village’s redevelopment included the pushing out of minorities and lower income people out of the Incorporated Village of Patchogue. The “shock and awe” fear of an unlawful illegally armed police force was particularly effective in pushing undesirables out the Incorporated Village of Patchogue’s boundaries. The Incorporated Village of Patchogue’s employees, posing as constables, threatened deadly force and coerced residents to give up their rights, which would have otherwise been protected under New York State and Suffolk County laws. Residents were faced with fines, arrests, unwarranted inspections, harassment, and threats of assault with illegal firearms.
Proof and admissions the Constables were volatile of Suffolk County law
On June 23, 2008, Brian Egan, the new Incorporated Village of Patchogue Attorney, finally publicly admitted that the practice of carrying firearms was illegal. Attorney Brian Egan declared that the arming of their personnel violated not one, but three laws, and possibly violated the oaths of office of those who were involved. The admission of Mr. Egan goes to the heart of the Incorporated Village of Patchogue’s ability to illegally maintain an unlawful and illegitimate policing force.
I an effort to obtain copies of guns permits, I contacted the Suffolk County Police Permits Division and used the New York Freedom of Information; they refused to allow me access to the Incorporated Village of Patchogue employee pistol permits. These pistol permits would have shown the permits used by these employees were unlawful.
The previous Village of Patchogue Chief Constables, Mr. Tameo and Mr. Kratch, who oversaw the Incorporated Village of Patchogue employees unlawfully deemed “Constables,” have admitted in sworn statements of having participated in the this illegal scheme. Mr. Tameo and Mr. Kratch directed Incorporated Village of Patchogue employees, not recognized as Constables, but nevertheless acting like Constables to stop and detain Suffolk County motorists as they drove through the Village [Contrary to law, no provisions to thwart racial profiling were in existence, see below ]. Mr. Tameo and Mr. Kratch testified that they thought their practices were sanctioned by the District Attorney’s Officer, because this agency prosecuted the tickets.
In 2006, Village of Patchogue Mayor Paul Pontieri conceded in a public forum in accepting the Wood v Incorporated Village of Patchogue, et al, Index No. 01-CV-0229 (the “Wood Case”), class action settlement because the actions of detaining motorists was wrong and that the Village would cease the practice.
In the Wood Case, the Incorporated Village of Patchogue had to pay back motorists for these unlawful tickets as part of the Class Action suit settlement with Suffolk County residents. However, at the time no one realized that the Village of Patchogue’s Constabulary was illegal, unauthorized and lacking federal regulations concerning racial profiling.
The Incorporated Village of Patchogue has failed to fully live up to its settlement. They failed to comply with making the best efforts to heal the motorist driving records. Most importantly, the suit never alleged or resolved the issue of racial profiling. Upon information and belief, the Village has stopped the practice of detaining motorists, but no one has had sufficient access to Village records to investigate the racial bias of the illegal police activity. I used the New York State Freedom of Information Law to obtain information, including the Incorporated Village of Patchogue’s rules concerning racial and national origin profiling instructions and they responded that the Village lacks any instructions.
Due to the recent death of Marcelo Lucero, a Latino immigrant, the Village of Patchogue’s officials attempted to distance themselves from the illegal constable scheme. I spoke at the Incorporated Village of Patchogue Board of Trustee public meeting on or about Monday, December 8, 2008, and when I asked whether the Village would continue to use the title of “Constable,” I was informed by Brian Egan, Village Attorney, Steve McGiff, Deputy Mayor, and Mayor Paul Pontieri, that during the present administration (2004 to present) the “Village never called its employees ‘Constables.’” “never used the term,” “don’t know what you are talking about.” This is a deception.
Furthermore, the Incorporated Village of Patchogue Public Safety code enforcement or Public Safety Departments, or its officers, are defective in that it fails to maintain the minimum standards required by the State of New York. There is no official reporting and therefore, no transparency. This allows the Incorporated Village of Patchogue to run an unlawful and unauthorized Constabulary, a “fake” police department, with the intent to discriminate against minorities.
Suffolk County’s Failure to Protect Village of Patchogue residents:
Suffolk County Officials Knew That The Incorporated Village of Patchogue Was Running An Unlawful Policing Department in The Form of Office of The Village Constables and Did Nothing About It
Sergeant Santa Maria of the Suffolk County Police Department was present at the 1994 enactment of Local Law #9, Chapter 7, of the Village of Patchogue Code, which falsely and deceptively passed a law that allowed the Incorporated Village of Patchogue policing power. The Suffolk County Police Department’s presence condones this illegal act.
Furthermore, the Suffolk County Police Department worked in conjunction with the Incorporated Village of Patchogue Constables, even though they had knowledge of their illegal power and were duty-bound to shut the organization down and arrest those village employees who were impersonating officers. Suffolk County allowed the Incorporated Village of Patchogue Constables to enter crime scenes and to piggy back upon their official privileged access. Furthermore, Suffolk Police Department shared information with Incorporated Village of Patchogue Constables. Upon investigation from the proper authorities, evidence may emerge that the corruption of the Incorporation Village of Patchogue departments started the corrupting of the Suffolk County Police Department and other policing agencies.
The Suffolk County Police Department may have rewarded its auxiliary police force members with opportunities to participate in the illegal Incorporated Village of Patchogue unauthorized and illegal policing force. The Suffolk County Civil Service Department not authorize the practice nor recognized the title “constable” or the practice of carrying guns and told the Village to cease the practice. Many of the Village’s Constables were ex Suffolk Police Department auxiliary police, which in the late 1990’s Suffolk County’s Sherriff’s office trained. This training was illegal and further added to the illusion that the Incorporated Village of Patchogue employees’ policing power was legitimate. Also there was a sharing of personnel between the Suffolk County District Attorney’s Office and the Incorporated Village of Patchogue, case in point, Mr. Al Costello, who posed as a Village constable. This professional collusion caused the Suffolk Police Department to turn a blind eye to a policing entity that Suffolk Police Department knew was illegal, dangerous and discriminatory.
When complaints were made to Suffolk District Attorney’s office about the Incorporated Village of Patchogue’s illegal policing force, Darryl Burger, investigating for the District Attorney’s Office said “we can’t tell if the constables are legal or illegal. Our staff lacks the resources to make this determination.” Mr. Burger may have made this statement to conceal wrongdoing on the part of the Incorporated Village of Patchogue policing force. Other members of the District Attorney’s Office then proceeded to make improper determinations in order to protect Suffolk County Police Department and the District Attorney’s Office and to obscure the facts and avoid investigating a criminal matter that both the Suffolk County Police and the District Attorney’s Office were involved in. The result is that Suffolk County residents have been harmed and injustice has prevailed.
The Incorporated Village of Patchogue had willfully violated the following Federal Laws:
Conspiracy Against Rights, 18 U.S.C. § 241. Section 241 of Title 18 is the civil rights conspiracy statute. Section 241 makes it unlawful for two or more persons to agree together to injure, threaten, or intimidate a person in any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the Unites States, (or because of his/her having exercised the same). Unlike most conspiracy statutes, Section 241 does not require that one of the conspirators commit an overt act prior to the conspiracy becoming a crime. The offense is punishable by a range of imprisonment up to a life term or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.
Criminal Interference with Right to Fair Housing, 42 U.S.C. § 3631. Section 3631 of Title 42 makes it unlawful for an individual to use force or threaten to use force to injure, intimidate, or interfere with, or attempt to injure, intimidate, or interfere with, any person’s housing rights because of that person’s race, color, religion, sex, handicap, familial status or national origin. Among those housing rights enumerated in the statute are: 1) the sale, purchase, or renting of a dwelling, 2) the occupation of dwelling, 3) the financing of a dwelling, 4) contracting or negotiating for any of the rights enumerated above, and 5) applying for or participating in any service, organizations, or facility relating to the sale or rental of dwellings.
This statute also makes it unlawful to use force or threaten to use force to injure, intimidate, or interfere with any person who is assisting an individual or class of persons in the exercise of their housing rights. The offense is punishable by a range of imprisonment up to a life term, depending upon the circumstances of the crime, and the resulting injury, if any.
Deprivation of Rights Under Color of Law, 18 U.S.C. § 242. This provision makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
For the purpose of Section 242, acts under “color of law” include acts not only done by federal, state, or local officials within the their lawful authority, but also acts done beyond the bounds of that official’s lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.
The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.
Federally Protected Activities, 18 U.S.C. § 245. The portion of Section 245 of Title 18 which is primarily enforced by the Criminal Section makes it unlawful to willfully injure, intimidate or interfere with any person, or to attempt to do so, by force or threat of force, because of that other person’s race, color, religion or national origin and because of his/her activity as one of the following:
This statute also prohibits willful interference, by force or threat of force, with a person because he/she is or was participating in, or aiding or encouraging other persons to participate in any of the benefits or activities listed above without discrimination as to race, color, religion, or national origin. The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.
Cesar Perales, President and General Counsel of Latino Justice, an advocacy group said an investigation was “…akin to the Justice Department going into Mississippi in the civil rights era to investigate murders by the Ku Klux Klan.”
I fear that the lack of federal oversight concerning the investigation into these Suffolk County Long Island illegal policing activities will lead to the further eruptions of violence in our community.
Very truly yours,
Henry R. Terry
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