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Category Archives: Pachogue corruption

  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.

March 13 2012 :  Today’s Newday story snapshots how tax assessment scams  works.  Patchogue takes this lack of oversight to a new level, to reward Mayor’s buddies. Unequal code and zoning enforcement and the rigged permit process allows Mayors friends to pay less property tax.

Southampton Village officials are working to reassess more than 100 homes following the recent discovery that a series of clerical mistakes dating to 2004 led to improper assessments.

The error was caught last year when the Southampton Association, a civic group, noticed that the assessment for a property of former town trustee Paul Robinson was not changed after renovations were completed on one of his homes. The group alerted the state attorney general’s office, which referred the group back to the village saying it was a local matter, said Mayor Mark Epley.

While researching that complaint, village officials looked at 2,500 permits dating back to 2004 and found that 108 homes were never reassessed after obtaining a certificate of occupancy.

According to officials, a building department clerk who is no longer with the village would “close out” the month a few days early and exclude the remaining days from the building report.

As a result, permits filed at the end of the month were left out of the process and were not received by the tax assessors or the tax receiver’s office, according to Epley. Most of the mistakes happened during 2004 and 2005, said Epley and Village Administrator Stephen Funsch.

“What we found is that, in the system, there were no checks and balances,” Epley said. “We have since corrected that.”

At a village trustee meeting on Thursday, two residents spoke about the error, saying it was the village’s responsibility to ensure safeguards are in place. Epley and other trustees agreed, adding that a newly installed computer system would now catch a similar error.

Alan Schneider Director of Civil Service Suffolk correspondence

Alan Schneider Director of Civil Service Suffolk correspondence

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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