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Category Archives: FBI corruption petition patchogue

  I support a FBI investigation of the  Fake Cops in Patchogue .

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.

  • We call on the Federal authorities to conduct an independent and transparent review of public officials, and to make public all information related to illegal policing and ticketing activities conducted in the Village of Patchogue.
  • We ask for the full criminal prosecution of all who conspired to create and maintain the illegitimate Village of Patchogue’s constables,  including  Mayors, Village Clerks, and members of the Village Board of Trustees, and the Ex-Special-Forces-Military-personal that lead Patchogue’s  terror.
  • We ask that all officials  who knowingly perpetrated and/or were involved in these illegal activities should be prosecuted to the fullest extent of the law, and should be forced to pay the taxpayers back out of their own pockets as is required by NY State law.
  • We  support requiring elected officials and political appointees to make restitution to the public and the taxpayers for tax revenues misappropriated to fund the Village of Patchogue constables and all that it entailed. We demand the return of approximately $2.5 Million dollars, which were improperly spent by the Village of Patchogue Mayors, Clerks, officials, and members of the Board of Trustees.
  • We support the return of $7.7 million to be paid back to the public for improper tickets written by illegally armed Patchogue Village employees posing as constables.
  • We  support the investigation of the select group of prominent Village of Patchogue business leaders who unfairly benefited from the fake Cops who amassed large property  holdings in the Village as a result of the perdition of the fake cops. Their ill-gotten gains should not be sustained.

Replay: Trayvon Martin where he “ lives to tell the tale “

This is the  “what if”  story of what happens:   if Trayvon had lived to complains to the Police. It is actually a true story of a colossal police cover-up when I discovered a racially motivated illegal police force in Patchogue.  The difference between Patchogue and Florida is that Patchogue had a longer time to cloak  its Neighborhood Watch  or its illegal policing in official powers.  The similarities are that all NYS police entities from Andrew Cuomo‘s Attorney General’s office down to the local Sherriffs Office supported and hid the police fiefdom in Patchogue.

Patchogue: The anatomy of how a Neighborhood watch gains police power.

What “if Trayvon Martin lived to tell the tale? “ Let’s explore the scenario of Trayvon Martin surviving the attacks and attempted  to make a police complaints against Captain Zimmerman. This Scenero is not made up. It is based our experience of attempting to make police complaints and alert authorities after the Marcelo Lucero murder. Few know it by Lucero’s murder participated the discovery that Patchogue had created a fake police dept out of its own neighborhood type Watch. Moreover this is what happens when one brings a complaint, as our community did, about an Neighborhood Watch that got so out of control that it was turned into a fake police dept. Or said another way, this is the story, of how County State, and Federal Authorities empower illegitimate police activity like Zimmerman’s Watch, and protect them from both criminal and civil liability.

Lets say Trayvon somehow escapes Zimmerman and he tells his side of the Story to the local police. He complains to the local police of a racially biased illegal policing. We did just that and in Suffolk County, NY  the local police Cops do nothing. They would not even take the complaint. We complained to the DA’s Office and Chief investigators of the DA’s office Darrel Burger lied to us and said Suffolk County  cannot tell it Patchogue’s fake police activity was illegal. Moreover, the County Police told us  a story that the County lacks the legal resources, to ascertain if the Neighborhood watch, turned fake Constabulary was  legal.

The County Police failed to tell us they were in on it .  The Suffolk County Serriff’s Office fails to tell us they  illegally trained the fake cops. It would be as if Zimmerman was trained a public expense, and had a rifle range bonding moment with the boys.  They fail to tell us  they were aiding an abetting the criminal activity. [In Patchogue the fake cops were illegally staffed with personnel of the Suffolk County Police. ]

In Suffolk County the fake cops were a useful tool. If Orlando is anything like Suffolk, The local Police foster Neighborhood Watchs because they lack regulatory control.  In short they can engage in crimes against minorities, and “undesirables that  legitimate cops cannot.  Moreover, they are useful for police dept. which have policies or racial animus in that they are not Cops—for the sake of controlling police powers and constraining police violations of constitutional rights. Yet the very same police Depts. ,want to wrap the fake cops in their police privileges and protections.

In Patchogue they would not even respond to our complaint of improper policing until Marcello Lucero was dead.  That is before, Marcello’s Death all the discriminatory activity of Neighborhood watch turned fake Police Dept. was not actionable: NO BIG DEAL.  After Marcelo’s death the State sends its crack investigators down, the FBI of NYState, “ The Commission Of Investigation”.   The head NY State cops separates us and interrogate us.  They  looks for flaws making sure we are not politically undesirable, as in we are not anti-development or anti-gentrification or Anti-Condo.   In the process NYS investigators  desperately  tries to maintain the illegal the fake police force which had grown out of Neighborhood Watch.  They explore every grey area to maintain the fake cops. They worked from the assumption that racially motivated crimes are impossible to prove.  Too difficult to investigate. Too many grey areas. It was only because we had done over 5 years of research and spent tens of thousands of dollars litigating that we were able to CLEANLY prove the Cops were a fraud.

State is forced to close it down. They quietly shut it down. Do not release the information. Hide the documents behind governmental privileges, required lawsuits to obtain public documents, and destroy the evidence, even though it is illegal to destroy evidence of a crime.

When I  makes a complaint to the Dept of Justice, DOJ, the local police in conjunction with the Neighborhood watch openly retaliate for the complainant, even blocking of a civil rights complaints to federal authorities is a federal violation.  The DOJ looses my complaint over five separate times.  NYS officals lie and say they contacted Pamela Chin at the DOJ.  I hear  ”Didn’t get it” , then “yeah we got it but the Mail room lost it.” and on and on….

Then the fake cops  goes after my residence. They bring false allegations. They use the false allegations to discredit me and to undermine my business and relationships.

Then they move for a Guardianship hearing to take control of the house where I reside. They obtain guardianship over my friend in order to punish me , and attempt to evict/eject me. When they can’t they sing contracts to sell the house out from under me. All based on false allegations, and all because I complained of an illegal police activity.

From the Suffolk FBI to the Attoney Geneals Office, from the NYS Commision of Investigation to Parents for Megans Law Crime Victums Center, every agency attempted to conceal the police fiefdom and the hate crimes , and  went so far as to destroyed evidence and documents, systematically blocking the doors to complaints and a hearing of the facts.  The  Official or Police investigation of Patchogues’s fake police dept was motivated by a desire to cover-up the enterprise to conceal the magnitude of the hate crimes.

Fifteen years for attempted murder

Police disguise was an aggravating factor

By: Carol Winker | carol@cfp.ky
07 October, 2011

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Carlney Rashad Campbell, 20, was sentenced last Friday to 15 years imprisonment for an attempted murder that occurred in May 2009.

A Grand Court jury found Campbell guilty weeks ago, but sentencing was delayed for a social inquiry report to be obtained (Caymanian Compass, 25 August).

The incident leading to the charge occurred at the Treasure Island where the victim, José Morales, resided at the time. He was attacked in an elevator by a man portraying himself as a police officer.

In reviewing the evidence before passing sentence, Justice Alexander Henderson noted Mr. Morales’ evidence the attacker wore blue overalls with the word “POLICE” above his shirt pocket and a Cayman Islands logo. He also wore a black belt, black boots and gloves so as to look like a local police officer. When the man had initially walked past Mr. Morales, the letters “POLICE” were on the back of the overalls.

The judge said wearing such a disguise was clearly an aggravating factor because Campbell had done so for the express purpose of portraying himself as somebody to be trusted. “This was so that he could attack his victim while his victim was off guard,” he said.

The attacker pulled a knife and Mr. Morales struggled with him, at one point holding the man’s hand against his throat. The man told him, “I’m sorry, man. Somebody paid me to do it.” Mr. Morales asked who had paid, but did not get an answer. He was bitten, which prompted him to let go of the attacker’s hand, and then he was stabbed on the right side of his head and again around his left ear. The man eventually fled after dropping the knife. Although he lost a large amount of blood, Mr. Morales managed to stagger outside, call 911 and summon help.

Justice Henderson said the facts of the attack were uncontradicted by any evidence. The issue was solely identification of the attacker.

The case for the prosecution, as presented by Senior Crown Counsel John Masters, included evidence that Mr. Morales saw a vehicle leaving the scene and managed to get the licence plate number. One of the digits turned out to be incorrect, but police succeeded in tracking the vehicle down. It belonged to a friend of Campbell’s. The friend said Campbell had put a pair of overalls into a barrel used to burn rubbish.

There was also DNA recovered from the bite mark on Mr. Morales’ arm. A comparison with Campbell’s DNA profile did not exclude him.

At the sentencing hearing, defence attorney Nicola Moore asked the judge to consider Campbell’s age at the time of the incident – 18 – as well as his family background as detailed in the social inquiry report.

Justice Henderson referred to some details publicly, noting a lack of parenting and Campbell’s status as “an alumnus of the Alternative Education Programme after being expelled from John Gray High School.” He had been sentenced to 18 months imprisonment for burglary and handling stolen goods. The report indicated Campbell presented a high risk of re-offending.

The judge also considered a victim impact statement from Mr. Morales, who swore under oath he had no idea why he had been attacked. “The presumption is that it was a case of mistaken identity,” the judge said.

He agreed Campbell’s age was a mitigating factor. However, he added, “I consider the impersonation of a police officer in the course of a paid attempt to kill someone to be an aggravating factor. There was also a high degree of planning involved in this offence.”

The maximum sentence for attempted murder is imprisonment for life. UK guidelines indicate a range of 12 to 20 years.

After imposing the term of 15 years, Justice Henderson said, “There has been a lot of criticism expressed in the press of police investigations and evidence gathering. In this case, the police did an admirable job of gathering the evidence and putting the case together. I think it is appropriate for the court to recognise that.”

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:

  • A participant in a benefit, service, privilege, program, facility or activity provided or administered by a state or local government;
  • A traveler or user of a facility of interstate commerce or common carrier;
  • A patron of a public accommodation or place of exhibition or entertainment, including hotels, motels, restaurants, lunchrooms, bars, gas stations, theaters, concert halls, sports arenas or stadiums.

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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