NY LUENOW Volume 3 ~ Issue 2
2014
New York’s Independent Voice of Law Enforcement
www. NYBlueNow.com
Remembrance
Officer Joseph M. Navas
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Retired Nypd Detective
Raymond Berke 6 More Dead
New York State Supreme Courts
How
Safe are
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Former Police Commissioner
Bernard Kerik
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Publisher Daniel Del Valle Dzengis Iljazi
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Advertising Director John Welsh Circulation Director Dzengis Iljazi writers Officer Jay Martinez Lt. Joseph Pangaro (Ret.) Rich Darling Nicole C. Richardson Daniel Del Valle George Beck Dan Lorenzo WEBSITE/SUBSCRIPTIONS www.nybluenow.com EMAIL nybluenow@aol.com ADVERTISING 201-943-3800 OFFICE 323 Bergen Blvd. Fairview, NJ 07022
NYBlueNow is published 4 times a year. ©Copyright 2011 NY BLUE NOW, LLC. All rights reserved. While every reasonable effort has been made to ensure that the information is accurate as of publication date, NY BLUE NOW, LLC and its employees, agents, clients and distributors shall not be liable for any damages arising from the use of or reliance on the information contained in this publication or from omissions to this publication. The www.NYBlueNow.com Website is powered by ENVISAGE PRODUCTIONS, LLC. Layout & design by Dari Izhaky, email: dzeek@optonline.net God Bless Our Troops! Please share and recycle this magazine.
Editor’s Message
cover interview
6
ormer Police 18 FCommissioner
Daniel Del Valle
real estate
8 Mortage 101
Bernard Kerik One on One
awareness
newsworthy
ay Cheese for 10 Sthe Camera
oax Articles are 22 HMalicious
up close
interview
alking the 12 W Constitution
uthor and 26 ARetired Detective,
feature story ew York State 14 NSupreme Courts
How Safe Are You?
Raymond Berke
around connecticut ode 10: Officer in 30 CTrouble. The Paul S.
Buchanan #208 Story
ENTERTAINMENT
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The Brooklyn Wall of Remembrance 1904 Surf Ave., MCU Park Coney Island Brooklyn, NY 11224 Mr. Sol Moglen-Founder
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editor’s message
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his year is turning out to be a crucial one for the way law enforcement is perceived and respected in this state. We all remember the days before Giuliani’s mayorship when the real estate market was at a low, and crime was at an all-time high. Yes, those were the days when law enforcement did not get support or respect from political leaders and crime was running rampant. Are we returning to those days? Do elected officials actually believe our brothers and sisters in blue go out every day to intentionally harm or kill civilians? Each day law enforcement officers go out there to do their jobs, and if a mistake or action occurs that “someone” feels was not the best split-second decision made, that does not mean it’s appropriate to label officers as racists or criminals. The recent police-civilian encounter that took place in NYC is too premature for anybody to rush to judgment. The knee-jerk reaction and vilification of the officers’ alleged actions made by rookie Mayor de Blasio unfairly targets the entire NYPD. Regardless of the Al Sharptons that exist in our nation, this should not mean politicians, including Mayor de Blasio, should allow themselves to be intimidated or influenced in any way solely by public opinion or pressure. Elected officials should not be afraid to defend our brothers and sisters in blue. They must be diplomatic, but what’s right is right--civilians must be held accountable for their actions. Have we forgotten that crimes are illegal and detrimental to public safety and security? If civilians are allowed to commit crimes without being held accountable, then you can expect the potential for the worst result to happen. No one is above the law. The investigatory process of civilians who intentionally violate the law must occur in the appropriate forum. The same goes for police officers. No officer should be tried and condemned by the court of public opinion, nor should any elected officials allow a community activist hungry for a photo op to create a boiling pot of racial tensions and protests based solely on a pedestrian’s cellphone video. The totality of any alleged officer misconduct must be thoroughly investigated, which must include the culmination of events that led up to the incident. The conduct of law enforcement officers is always under the microscope. When faced with daily unexpected confrontations, more often than not, our actions are being video recorded, while simply trying to satisfy the public all the time. Law enforcement needs the backing of elected officials. Yes, it’s true, some officers may need to be reprimanded at times but only when their actions merit it, and not because any community activists or others pressure them to do so. I believe all law enforcement deserve all the blessings and prayers anyone could give. Therefore, keep prayer with you and don’t feel down because today’s media outlets would rather sell a story than tell the truth. You are all heroes and should be treated as such. When individuals become crime victims, they see and feel this, too, because they call on you! On our cover is the former NYC Police Commissioner Bernard Kerik, a law enforcement executive who deserves to be heard, not only because of his intellect and experience, but because he is one of us; we all deserve a second chance. Thank you, Bernie, for sharing your valuable insight with us. Till next time! Stay Healthy, Stay Strong, Stay Blue!
Daniel Del Valle Editor nybluenow@aol.com
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NY Blue now | Volume 3 ~ issue 2 | 2014
We’re not here to filter your message, we’re not here to give you a one-sided argument. We’re here to publish all views, from any and all in law enforcement. We’re all Blue, we’re nY Blue Now Magazine. Pro law enforcement, pro-truth, pro-you!
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real estate
MORTGAGE 101 B
y most estimates, mortgage rates were expected to climb this year, with rates on the 30-year fixedrate mortgage predicted to exceed 5%. Instead, rates are now lower than they were this time in 2013 — much to the advantage of mortgage shoppers. There are a few reasons why higher rates never came to pass. Rates on the 30-year fixed-rate mortgage averaged 4.14% for the week ending Aug. 8, according to Freddie Mac’s weekly survey of conforming mortgage rates. A year ago, rates averaged 4.51%. “In January, we were projecting at the end of the year that the 30-year would be 5.1%,” said Leonard Kiefer, deputy chief economist with Freddie Mac. “We most recently revised that down to 4.4%.
Supply and demand
Economists had largely expected rates to rise once the Federal Reserve indicated it would taper its purchase of mortgagebacked securities through its Quantitative Easing Program, Kiefer said. Rates did, in fact spike upward due to that indication last summer but, when the Fed actually began purchasing fewer of these securities mortgage rates began to fall. The main reason for this was due to the tapering that ended up coinciding with a reduction in mortgage originations — which means fewer mortgage-backed securities were being issued. 8
By Rich Darling
“The Fed’s ‘demand’ for new mortgagebacked securities has declined less than has the new ‘supply.” And that’s keeping rates down. Fewer mortgages are being originated in large part because refinance activity is down; with rates no longer at record lows, there are fewer homeowners interested in refinancing these days. Also, while the housing market is improving, “there hasn’t been an abundance of firsttime home buyers in the market today, and that has been a drag on housing”, said Ted Ahern, chief financial officer of mortgage lender Guaranteed Rate. “There’s not a big supply of mortgages being originated, so that in and of itself kind of keeps the rates down. Another reason for the supply/ demand imbalance is global investors buying mortgage-backed securities,” according to Dan Green, chief publishing officer of The Mortgage Reports, a mortgage blog. “Wall Street planned for the end of QE3 in a vacuum. There was no consideration given to the health of domestic and global economies or to market-destabilizing geopolitics,” Green wrote in an email interview. “The Fed has been exiting the market exactly as forecast, but not as quickly as global investors have joined. Demand for mortgage-backed securities still outweighs supply, which has lowered consumer mortgage rates.” Low inflation, a weaker-than-expected economy in the first quarter and a “decent, but not great” housing market are also forces contributing to keeping mortgage rates low.
NY Blue now | Volume 3 ~ issue 2 | 2014
If you’re mortgage shopping
Eventually mortgage rates will go higher. Unless there’s some sort of slowdown in economic growth, a recession or some big shock to the economy, “It’s likely to be gradual, but [rates are going] up, for sure.” Once it’s clear the economy is expanding, mortgage rates should be on their way up. In fact, those in the market for a mortgage may want to pay close attention to any marked improvement in the job numbers and any increases in inflation, Ahern said. Those are likely to be tell-tale signs that rates are heading up. According to Michael Hyatt, a local mortgage loan originator in New York & New Jersey, “If you look at a rate graph representing the last year or so you can see that the 30 year rate fluctuated between 50 basis points – this can represent thousands of dollars and can be a difference maker in whether you can afford to purchase a home for “X” amount versus having to wait and see if rates start to turn towards your advantage.” Homebuyers should certainly do their homework and research the many websites out there who offer information pertaining to lending. But the best information is going to come from a mortgage lender you feel comfortable with and trust.
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NY Blue now | Volume 3 ~ issue 2 | 2014 Diverse Uncensored Opinionated
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awareness
Say
e s e e h C for the Camera
By Officer Jay Martinez
T
he uniformed Officer walks into the local D&D and thirty eyeballs peer at his badge. The same Officer pulls over a vehicle and now traffic reduces itself to a crawl. Respond to a call of a lion, I mean a cat in a tree, and by the time you press the clear button, you’re on Face tube. You could be that Officer that looks as hideous as a baboon’s butt but people love looking at you. How many times did you hear your academy instructors speak these words: Not even the President of the U.S.A. possesses as much power as you do. Egregious but not agreeable as we know it, like Spidey’s great Uncle Ben once stated, “With great power comes great responsibility.” But we fully comprehend the pun. In this zealous era of technology, our roles have been constricted with Big Brother, the Wizard of Oz and ESPN’s super slow mo watching our every move. In 2014, the American crime-fighter is under the following: • MVT • Body mics • Vehicle GPS • Respond, arrive and departure signal • Constant building, business, intersection, and residential surveillance • Mobile recording devices on firearms and Tasers • Jailhouse surveillance systems that dwarf the Pentagon’s system. 10
Every move, every step, every turn, every decision that you make will be recorded and analyzed. Do citizens ponder the anxiety that certainty places on most Officers? No, not even a clue. Today an Officer has to understand and fully comprehend every aspect of the most complex profession in the nation. Because the burden of being watched is so intense, it will certainly force the scrupulous to hesitate, double guess and become apprehensive especially in the face of insolence. Once that hesitation and apprehension has seized and shaved off valuable hundredths of a second off an Officer’s timely response, the altered outcome can be fatal. In other words, he who hesitates has lost twice--lost the moment to act and lost his life. Because technology has changed, it doesn’t mean we should now wait to be kicked, punched, stabbed and shot. Despite the eye that besieges us all, lay valuable opportunities for us to be vindicated once the burden of proof has reached an educated overseer. Know your job; accept the lenses as modern day advances that are here to stay. Don’t be camera shy or reluctant because you are being video tubed during an MV stop-be professional, firm and consistent. Now more than ever, I am my brother’s keeper. The word ‘police’ has to involve brother policing brother. We realize that in this era of technological
NY Blue now | Volume 3 ~ issue 2 | 2014
distinction it makes many old-timers squirm and think rashly of submitting those retirement papers. I say Harvey Kobblepot! Leave this glorious career when you are ready; we can all thrive under the camera as long as we now know that someone can be potentially watching. Be it as it may, do your job, no less, no more. I recently went to the movies and watched an old remake of RoboCop. As I sat there eating kernels of popcorn and raisinets, I realized this Hollywood movie is almost right on; technology has changed our profession forever. But I also realized technology has changed a lot more than just our professions. Acknowledge the changes: • Every sport has instant replay • Must suck being a terrorist--a drone strike can come while you are using the bathroom • E-Z pass • The eye in the sky just mailed you a ticket • Keurig coffee maker is the best! Agreeable or not with the times, the profession of the American lawmen has to be conducted by professional, smart, and conditioned artisans. The uncontrolled cavaliers need to drink less caffeine and utter “ooosa” more often. Like I mentioned, accept the changes, and watch your brother. God bless. Stay safe. To Advertise Call: 201.881.5100
up close
Walking THE CONSTITUTION By Lt. Joseph Pangaro (Ret.) Have you ever actually read the Constitution of the United States of America? Maybe you did back in high school as part of a civics lesson or American history course; hopefully most of us have taken the time as adults to get a copy of the defining document of our country and give it a read. At this point in our country’s history, there are many people who believe we are living in a “post Constitutional” America, a time when adherence to the Constitution by our government officials is optional. I won’t weigh in on that. What I would rather do is pose a few questions and let you decide. As part of the on-going examination of the crossroad times we live in, what value do we hold in the Constitution, its meaning and principals, and if we still view it as the true roadmap of our society? Is it a living, breathing document meant to change with the times and societal attitudes? Or is it a straightforward guideline to define the interactions between ourselves, our neighbors and our government? Is it even relevant in 2014? Should we hold a convention, open it up and update it based on events of the past 227 years and our new enlightenment on so many issues? Maybe we should add to the Bill of Rights or remove a few of the original ones; arguments are made for both sides all the time. Maybe we should just clearly define some terms and remove any ambiguity in wording.
These are the questions I pose to you--after all it is your Constitution. If we take a few minutes to examine some of the huge societal quandaries we live with all the time, we can clearly see that clarification might help settle these never 12
ending arguments. If we were to tighten up a few points that seem to be unclear or left to interpretation, we might be better off. As examples, let’s look at the First Amendment, specifically free speech. What exactly does that mean and what did our founding fathers think that meant? Do we really believe in free speech anymore, or do we believe in “the right kind” of free speech? Are we free to say whatever we want no matter how stupid, offensive or wrong it may be? Maybe we’re better off deciding what is okay to say, or think, for that matter. Some people do think wrong thoughts, don’t they? The Second Amendment is another troublesome area. What the heck is a “well regulated militia” anyway? Does it mean as a citizen I can possess firearms and have a right to protect myself and my family, or does it mean a government-based group designed to protect all of us from trouble, under the control of the government? The Fourth Amendment is another area that seems like it would be settled by now. Can the police or other governmental agency search your private home, business or papers? We know the answer is yes, with a warrant or under certain well-defined exceptions. Why then do we have court cases on a regular basis that have to redefine what it means to be free with our private stuff--cell phones, computers and other electronic devices that hold our thoughts and plans, not to mention our emails and videos? The idea of the Fourth Amendment was based on the concept of keeping the king (government/police) from arbitrarily kicking in your door and gathering evidence he could use against you. We are allowed to have private thoughts and writings, aren’t we? But does it make a difference if our private thoughts and writings are not deemed to be “correct?” Maybe, depending on what you are thinking or writing, we
NY Blue now | Volume 3 ~ issue 2 | 2014
should define what’s permitted--it could cut down on the confusion. Now let’s take a closer look at the Eighth Amendment “cruel and unusual punishment,” the crux of which is the death penalty argument. If we believe killing is bad, why do we allow the state to kill a citizen, even a convicted one? If we are a compassionate society, should we redefine this amendment? When someone rapes and kills a child, do we have a right, as a society, to take that person’s life for their crime or are we beyond that? Here in New Jersey, the courts and people have spoken, but still the argument goes on, doesn’t it? Once again, we are split on this. Some would argue that because, as a people, we so value life that when one of us takes another person’s life, especially an innocent life of a child, the punishment of death is an appropriate penalty specifically because we so value life. But what if the killer has a change of heart; shouldn’t we give that a great deal of weight? After all, if the killer goes to jail, finds a religious purpose to his life, accepts his actions and is sorry for it, does he still have to pay the penalty? Many people would say that the killer’s change of attitude and enlightenment is a wonderful thing to be applauded, admired and it should mitigate their punishment. Others would say when the murdered child can once again hug her mother, grow up and live a wonderful life, then we should consider the killer’s personal growth? Or maybe we can forgive as a society, but insist the penalty be paid just the same.
Part two is if we are going to access the penalty of death for a killer, what exactly is cruel and unusual punishment? To Advertise Call: 201.881.5100
Some would say that taking the child’s killer and beating him with a bat, or allowing the family members to assist in the penalty phase would be cruel; it would certainly be unusual. The use of a drug that renders the condemned unconscious and unaware and results in his or her death, is that cruel? Doesn’t that happen by accident every day in operating rooms across the nation? Aren’t our young people overdosing and dying every day by taking a drug that does the same thing? Some people would say that taking a young child from her family, terrorizing her, raping, killing her and leaving her in a ditch is cruel. Some people would say a drug injection that puts one to sleep and causes death is not really cruel, even if the condemned breathes funny after unconsciousness-especially when compared to his or her crime and the victim’s suffering. Does the victim even matter?
For some people, the idea of any discomfort on the part of the killer is cruel and THEREFORE IMPERMISSIBLE, BUT IS IT? Since the brutal crimes committed on the innocent happen all the time, doesn’t that mean those actions are not unusual. What then is unusual? What did our founding fathers mean? Let’s give this a minute of reflection. There was a time when electrocution, hanging or the firing squad was the prescribed way to execute someone, and it happened all the time. If it happens all the time, is it unusual? The wording in the amendment is cruel AND unusual. Is it okay if we do a procedure that is cruel but not unusual, like killing the killer the way he or she killed the victim? If we say that would be cruel, then how about if we dropped them out of an airplane. Certainly that would be unusual, but is it cruel? Well, I suppose he or she might be scared--not as scared as a young child being kidnapped and murdered--but scared just the same.
Clearly, we have some decisions to make as a people; times have changed. This is where the argument is made for a “living, breathing,” read that the evolving Constitution comes from. How do we
address the bigger changes in our world based on a document that was written before indoor plumbing and electricity, the internet, cell phones and Netflix? The quandary we have before us is how we address the modern world with a document from another time.
The crossroads we have arrived at are becoming clearer with every day that passes. As we stand in these crossroads, we must make a choice on what direction we are to take. To stand still in this intersection of what was and what will be is to invite tragedy to our great nation.
While I have made it a point to stay out of the arguments and simply posed the questions and cited the comments I have heard when discussing these topics, I will add my thoughts on this part of the dilemma.
Just as important is which road we take, as each choice will have consequences we don’t know at this time. Every great journey is made with these decisions. In choosing our path we must combine many aspects of ourselves: our legacy, compassion, intelligence and humanity. We must look down the road to see where each possibility leads and make our judgments based on our shared principals, desires and our new enlightenment. To do less will spell disaster and the end of this great experiment. It is here we find ourselves in the year 2014. We have many choices to make, many of our beliefs to reconcile and many opinions to be included.
The founding fathers, as flawed as they were as men, were extraordinary in many other ways. I fear that we have lost our appreciation of their place in human history and the momentous changes they contributed to the world by envisioning this country and the principals our nation was founded on. Never before in the history of man has a group of people not only thought the things they did about freedom, liberty, and justice, but they put those things into practice. With the penning of the Declaration of Independence, the Federalist Papers and ultimately the Constitution of the United States, they brought to life the most basic of human desires--freedom of spirit and self. Never before had it been declared that the “people” were the masters of their destiny and government was simply a tool to facilitate the individual. This was the unleashing of the soul of humanity that until that point was shackled by the darker side of our nature. It was these concepts, summoned from their collective minds, expressed in unity, in the transparent light of day, backed up by a blood sacrifice and brave determination that brought hope to the world for all mankind. This was a special and unprecedented event in human history. It is for that reason that we must not only revere the work they did, but we must rededicate ourselves to the principals of freedom and justice we were gifted with. The beauty and power of these ideals, as codified in the Constitution, are not commonplace. If they are allowed to recede from our lives and our conscience, they will disappear, not to be seen, if ever again.
Someday is a concept for theory no longer. The time has come, we are at the crossroads, and we must put aside petty differences, and choose a path. There is nothing else in the world like the United States Constitution, and there may never be anything like it in the future. There was a time when we were all headed in the same direction; we simply disagreed on how to get there. Today we seem lost, without any idea where to go. I suggest we read the Constitution and let the words speak to our hearts. If we listen and are blessed with wisdom, we may answer correctly. Lt. Joseph Pangaro retired after serving 27 years in law enforcement in a police department in Monmouth County, New Jersey. Pangaro is a graduate of the Certified Public Managers Program (CPM) through Fairleigh-Dickenson University and served his department as the Lead Training Officer. He also writes a weekly newspaper column dedicated to helping his readers understand the rigors and joys of a career in law enforcement. Joseph Pangaro is the CEO and President of Pangaro Management and Training and Management and Pangaro Global Training, an online training company. Contact Lt. Pangaro @ JPangaro194@yahoo.com.
NY Blue now | Volume 3 ~ issue 2 | 2014
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feature story NEW YORK STATE SUPREME COURTS
HOW SAFE ARE YOU? By Nicole C. Richardson
The Treasurer of The New York State Supreme Court Officers Association Robert Mastanduno Speaks Out.
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NY Blue now | Volume 3 ~ issue 2 | 2014
To Advertise Call: 201.881.5100
R
obert Mastanduno enjoys working for the New York State courthouses which is composed of about 3,000 members, both active and retired. As an executive board member, Mastanduno has noticed that security has changed dramatically over the course of the years. Rather than remain silent, he, along with the organization’s executive board, is fighting for increased security, better pay and benefits for all employees.
Working as a Court Officer
Officers in the court system provide security for civilians, court personnel and judicial officials. “We make arrests when necessary and scan and search civilians similar to what occurs in the airport,” Mastanduno said. “Not only is protection inside the building needed but outside the building as well. The Mobile Security Patrol Unit (MSP) is constantly patrolling the areas around the court buildings to prevent any potential hazards or problems before it gets to the courts. Additionally, perimeter security officers are on foot posts to prevent people from stashing weapons and other items before entering the building. However, the Special Response Team (SRT) operates like S.W.A.T., responding to highprofile cases while enhancing security in emergency situations. One of the benefits to working as a court officer is that this career is not only rewarding personally, but also gives its officers a chance to help people and enhance the public’s opinion of law enforcement officers. It is the best job in law enforcement.”
Changes in Courthouse Security
Over the years, technology has not played a critical role in public buildings until 9/11; that changed everything. Since then, the importance of keeping people safe has become a major issue, especially for officers working in the courthouses. “Public buildings were a lot more relaxed and I remember a time when there were no x-ray machines, only simple equipment used to scan visitors upon entering. Post 9/11, security got a lot tighter. Now we have x-ray machines installed in the courthouses which help court officers detect illegal weapons and other prohibited material such as recording devices and drugs when scanning and searching people at checkpoint,” said Mastanduno. Mastanduno also noticed that within the past five years there have been several incidents where security was compromised due to a shortage of officers in government buildings. Mastanduno recalled an incident that happened in an upstate courthouse. “We have had some close calls. Allegedly, a motorcyclist walked into the building, drew his weapon, and shot and wounded two officers with a rifle, but court officers were able to be neutralize the problem before anyone got seriously injured. These security issues happen on rare occasions in N.Y. state courthouses. Can someone sneak something by us? It can happen, but it is very rare that someone has done that. We do our job very well. There are times when the court officers need to solicit the help of NYPD or corrections to work together. We are in contact with Pat
Lynch from the police department’s union (PBA) on a regular basis. We also have a good rapport with corrections. We help each other; we are all on the same page, wear the same uniform and shield, and are there to have each other’s backs.”
Budget Cuts Reduce Safety
Mastanduno spoke about the dwindling number of court officers in the past five years within the divisions of the N.Y. Supreme Court, especially places like the Supreme Criminal Court which had to downsize about 60 officers in Manhattan alone due to budget cuts, a total of over 150 officers since the year 2008. “Safety risk to the public has been our biggest concern because citizens want to feel safe and protected,” said Mastanduno. Without having enough officers to protect the courthouse, Mastanduno believes that it dramatically compromises the safety of everyone who comes into the courts. Furthermore, the rate of officers hurt in the line of duty has significantly increased because of the lack of staff. “This is a very difficult situation,” explained Mastanduno. “In prior years, the N.Y. State Supreme Criminal Court normally operated with a sergeant and three officers per courtroom when transferring inmates from the holding facility to the courthouse. Now with two officers less, Mastanduno is worried that the court officers are put into a cumbersome situation. “In the event an inmate becomes irate or there are friends or family in the courtroom who attack, or the inmate is remanded to prison and resists, civilians as well as court staff will be exposed to danger because of the officers’ inability to properly secure the
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feature story courthouse without adequate manpower.” “Officers have to be twice as alert as the risk factors dramatically increase,” warned Mastanduno. “In the N.Y. Supreme Civil Court, there have been instances where we were unable to provide any officers. Now you have a judge and court staff with no officers in the actual courtroom, and that’s a very dangerous situation to be in.” Mastanduno’s greatest fear is that anything can go wrong, including someone trying to settle a score or a terroristic act that will cause innocent people to be killed because there in not enough manpower making it harder to effectively secure and protect everyone in the building. Despite everything, “We come to work every day, step up to the plate and do the job regardless of the hazards caused by decreased officer presence. We know the risk, but it is amplified by the shortage of staff,” said Mastanduno. He believes that people are taking a risk when coming into the courthouse nowadays, and this could be easily rectified by putting court officers back on the job. “The Office of Court Administration (OCA) has turned a blind eye to the issue. I work in a very small command at 80 Centre Street in Manhattan. Eight years ago they had 24 Officers and now they have only 14. They have 18 posts, so they are dramatically under staffed. Numerous requests for officers have been made, but no additional officers have been assigned,” said Mastanduno.
Understanding Funds and Union Representation
Mastanduno explained that the Governor determines what the judicial budget will be and the OCA manages the courts, sets policies, and allocates the funds for each expenditure. They determine how many judges, support staff, attorneys and court officers will be hired and how money is spend based on the budget. Mastanduno asserts that money allocated to security is not being spent on officers for the courthouse. “The courts are regularly hiring new judges and court attorneys,
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which costs significantly more money than an officer. I believe that the OCA has manipulated the funds by siphoning funds allocated for officers and security to hire more high-priced attorneys with no regard for their safety or the safety of the people who frequent the court buildings.” While Mastanduno is certain that depleting security will have devastating consequences, he, along with the rest of the executive board of the N.Y. State Supreme Court Officers Association, have complained in the past about budget cuts and understaffing. “The union is not happy with the current OCA policy. We are fighting as a union to increase officers on the job. The SCOA has numerous grievances documented and written letters to the OCA; everyone is aware of the officer shortage. OCA may be turning a blind eye to the issue, but the union has not. The union is beginning negotiations with the OCA to try and get fair contracts for all Supreme Court Officers. The Supreme Court Officers Association’s (SCOA) primary function is to make sure the members are treated fairly and to feel safe in the workplace. We hope to come to a mutual agreement that will increase staff, salary and benefits. As an executive board we have committed ourselves to fight for our officers and do what is best for them by making their jobs become better moving forward,’ said Mastanduno.
NY Blue now | Volume 3 ~ issue 2 | 2014
Words of Wisdom to Officers and Rookies
Mastanduno’s advice for rookies is to do their job to the best of their ability, to think with common sense while working, to make a difference every day, and know that you work for the best law enforcement job in New York. Mastanduno’s advice for the court officers is: “Although it is a rough time based on the lack of a contract and our courts being grossly understaffed, it doesn’t change the fact that we signed up to do this job. Do your job professionally and stay true to protect the people of the State of New York.”
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NY Blue now | Volume 3 ~ issue 2 | 2014
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COVER
iew v r e t in Former Police Commissioner
Bernard Kerik
one on one By Daniel Del Valle
A
s a former police commissioner of the City of New York and one time presidential cabinet nominee and ex-inmate who served three years in federal prison, Bernard Kerik has seen highs and lows in his career.
NY Blue Now: As the former commissioner of NYPD, how does it feel to be back home from prison? Bernard Kerik: Of course, it’s nice to be home. I’ve been home now for 13 months. The transition back into your home, back to your family and back into society is far more difficult than most people can imagine. The one thing that comes out of this more than anything else is that you value your freedom a lot more than you did before this all happened. The deprivation of freedom is so profound especially for someone that served in law enforcement for 30 to 35 years. You are very present in the media and most people would have thought you would isolate yourself. Why are you speaking out to the public? I have been very vocal when it comes to criminal justice reform in the United States. I have spoken about my experiences and what I have been through in my career: the federal investigation, my charges, my conviction and incarceration. I have a very unique, one-of-a-kind perspective on the criminal justice system. As a cop or police administrator you don’t see them. 18
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In addition to his lifelong support for the law enforcement community and our military, running the NYPD and the New York City Correction Department including Rikers Island, and his experience behind bars has given him a unique one-of-a-kind perspective of our nation’s criminal justice system and inspired him to become an advocate for U.S. criminal justice reforms. Kerik offers real and valuable insight to the criminal justice system and his plan to help bring positive change to the injustices of the law.
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I’ve gotten to see the system from the inside out. Why do you feel it’s important to let the general public know about the criminal justice system? I think it is extremely important to let the general public know, our legislators, and other people exactly what the system is in reality and try to fix those flaws and failures. I have been working a lot with members of the House and Senate trying to create real substantial change in the system. What makes you want to advocate for law enforcement? Anyone that knows my career background knows that I have always been an extremely aggressive advocate for the cops who go out and put their lives on the line every day. As a NYC cop I was highly decorated, and I know their job well. I also have a son who is a member of the Newark Police Department; he’s on their S.W.A.T team. I worry about him and his job and what he goes out daily and does. I am an extremely dedicated advocate for the law enforcement community, the U.S military and their special operations personnel. They really do God’s work in keeping the country safe and taking out the people who really want to see the demise of our democracy and the way we live.
which the taxpayer pays for. For the rest of their lives they will be a convicted felon. I was in federal prison with young kids who were given 10 to 15 years for first time, low level non-violent drug offenses. Is that a benefit to society? Did the punishment fit the crime? Nobody is more law and order than I am, but what’s right is right. Would you say the system is fair? I have put people in prison for many years to life but these were bad people. They tried to kill me and killed men I’ve worked with. I seized tons of cocaine from them and millions of drug proceeds, but then I went to federal prison, and I met people in there that were given the same
types of draconian sentences that were there for first time non-violent offenses. It’s insane and should not be happening. Do you believe there is a problem? As a cop, our job is to go out and get the bad guy. We don’t realize what happens after we get the bad guy. Really, it doesn’t serve society well to over punish or over incarcerate and destroy lives and families when it is unnecessary. Like I said, there are people who belong in prison and some belong there forever. I don’t have a problem with that but when you are taking these young men, first time non-violent low level offenders and put them away for 10, 15, or 20 years and expect them to
Do you think people view you as pro or anti-law enforcement? It’s not anti-law enforcement; as a matter of fact, it really is about the constitution punishing people in a way that fits the crime. Historically, we have been taught that you pay your debt to society and once you pay your debt you are made whole. In reality with the U.S. criminal justice system, that is not the case—ever! Once you are convicted of a felony, that conviction and collateral consequences last until the day you die. Do you think punishments ever fit the crime? An example, I was with commercial fisherman that caught too many fish and spent 36 months in prison. They lost their business, homes and went bankrupt, NY Blue now | Volume 3 ~ issue 2 | 2014 19
COVER interview come back into society as a better person, you are wrong. It’s a severe detriment because these people are never going to recoup, get back on their feet, or have any real income. Probably 60 to 70 percent of them are going to revert back to criminal activity because they can’t survive on their own. Since you went to prison for a non-violent crime, do you feel that you received excessive punishment? By no means did I need prison to understand the mistakes I made. I was convicted for false statements and tax charges relating to my children’s nanny and apartment renovations that my wife and I paid for, but the government said we didn’t pay enough. I accepted responsibility, but I did not need to be sent to prison for four years to be rehabilitated. I believe it was excessive. My entire advocacy, at this point, isn’t about me. I have paid the price for my mistake, and my concern is that I want to make sure that other people that suffered these types of consequences are just and right instead of unjust. What should officers be aware of about our criminal justice system? It’s extremely important for the law enforcement community to understand there are so many things you can get in trouble for legally that you don’t even think of until you are targeted. Most cops don’t realize that ethical violations can be turned into criminal conduct to which they can be indicted, charged, convicted and incarcerated. Local, state and federal law enforcement officers must be extremely careful. Of course they follow the law, but I don’t think they realize how easily they can become the target of a civil or ethical probe that can turn into criminal charges. Do you think the average person thinks it can never happen to them? No one believes it could happen to them. If you give me a stack of subpoenas and power to scrutinize someone at the levels some will go, I can promise you I can indict you and charge you with a crime on 20
any given day. A book written by Harvey Silverglate, Three Felonies A Day, says that on any given day, any American commits three felonies a day. The general public and even cops don’t realize that. Are you bitter at all with what happened to you? I live in a world of reality. Could I be bitter? Yeah, I guess I could, but it doesn’t help me or my family. It doesn’t help anyone for me to walk around angry at the world. How has this affected your family? I lost three years and 11 days with my two younger kids and my family. That is perhaps the most painful part of all of this. People think that your rise to the top with Homeland Security was the reason for your downfall, but for the average person that would have never happened. Is that a factual statement? It was my nomination from President George W. Bush that brought the scrutiny. I basically had to admit I hired a nanny for my children and had not paid a payroll tax that started the ball rolling. With all the chaos and complaints in NY and officers being unsure of their job, what are your thoughts on this? It’s a huge problem. Nobody should lose sight of what the men and women in the NYPD do on a daily basis. They go out regardless of their color or anyone else’s and put their lives on the line for 12 million people that either work, live or visit NYC. They are at a point right now where they’re being scrutinized or lambasted, if you will, by certain groups over a few different incidents, and it seems to me that they are not being supported by the mayor of NYC Bill de Blasio. Is that a problem for law enforcement? For a cop that could be a big problem. If I am an active police officer that goes out and puts his or her life on the line, and I know I am not being supported by
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the mayor, then I don’t know if I want to do that job as effectively as I normally would. What if I make a mistake? What if I do something that is not a mistake but perceived as wrong by the press, media or mayor’s office? I can be crucified and that is the perception out there today. I think the mayor has got to change the way he looks at police. He’s got to stand up and support the men and women under him. If he doesn’t, I think all the success that the NYPD has had dating back to 1994 is going to reverse. We are already seeing that in the city…and it is not a good time. So you don’t think that Mayor de Blasio is sticking up for the NYPD? With Rudy Giuliani, like him or not, he was 100 percent in giving the men and women in the police department the benefit of the doubt when there was a problem. In NYPD today, there is none of that. It just doesn’t happen. I think Bill Bratton is one of the best police commissioners the country has ever had, but I believe he is working for a mayor who does not understand the importance of his police department, nor does he support his troops. What makes you come to the conclusion that the mayor is not supportive of the NYPD? I have to sum it up with the most recent event. Mayor de Blasio called a press conference with Bill Bratton to discuss community relation issues of the recent Eric Garner death and invited Al Sharpton. You don’t need Al Sharpton to bring attention to Garner’s tragic death. It has been on the front page of the news for weeks. Secondly, Al Sharpton does not bring anything to the table when it comes to police policies and procedures, operational capacity or training. I don’t understand why the mayor would put Bill Bratton in a position where he had to sit there and listen to Al Sharpton berate and disparage the NYPD. That’s outrageous in my view. Do you feel there is a lot of politicking surrounding this incident? The Eric Garner incident, as tragic as it To Advertise Call: 201.881.5100
is, will be handled by a state grand jury. There will be internal investigations by the NYPD or possibly a federal civil rights inquiry. That’s the process and system that we live by. To bring politics, political rhetoric and police bashing into this is demoralizing to the NYPD and police commissioner. It serves no real benefit to the citizens of N.Y. What do you think the mayor should be doing today? I think he should be sending a message to the men and women of the police department that I’m here to support you as your commander-in-chief. I understand your job and how difficult it is, and I am going to be there to support you. There is no message like that coming from this mayor. With the incident surrounding Eric Garner, do you find any wrongdoing with the officers? I can’t say. Anybody who says they can say is wrong because they don’t have all the evidence. Until we’ve seen all the evidence, no one really knows, and until then, people should keep their mouths shut. PBA President Pat Lynch made a statement and emphasizes this could have been avoided if Garner knew the respects of resisting arrest. What are your thoughts on that? Once a person is placed under arrest and that person fails to comply, the arresting officer or agent has to use as much force as necessary to take that person into custody. In this case, the one thing clear in this video was that Eric Garner was not allowing them to put handcuffs on him, so the problem we have here is he failed to comply. He resisted and the determination will have to be made by the investigators and possibly a grand jury is if the force the officers used was necessary to make that arrest. Pat Lynch is one thousand percent right when he says that had Garner complied with the arrest this would have never happened. What are your thoughts on the chokehold used to get Garner
to submit to the arrest since there’s some criticism? This is an extremely difficult topic to deal with. I think a lot of people don’t realize there’s one thing that a cop fears more than anything—being overpowered by a person who is going to get his or her gun and kill them with it. Garner weighed about 380 pounds. He outweighed the three officers probably by 200 pounds. I don’t know what they were thinking, but I have to believe in some way they were worried about that element of the arrest. I can’t say without a full investigation to look at. Has this ever happened to any officer you know? I have known cops that were actually shot and killed with their own guns while attempting an arrest. I know when I was a cop that was probably the first thing on my mind when it came to any interaction with a suspect. What would you say to Al Sharpton who believes he is doing the right thing for the community? He brings absolutely no benefit to this. The police department has to conduct an investigation. The Staten Island district attorney will have to conduct an investigation. Maybe the justice department will come in and conduct an investigation. Al Sharpton has nothing to do with any of those investigations. He wasn’t there; he doesn’t bring anything to the table. According to Al Sharpton, he has experience with police policy. Do you agree with that at all? No, I don’t agree with that at all. You want to talk about police policy? Go to the International Association of Chiefs of Police. They are the ones that assist departments in writing national policies. You want to know about policy, go to the deputy commissioner of policy and planning in the NYPD; it’s the biggest police agency in the U.S. They know far more than Al Sharpton on any given day.
What would you like to tell the officers after reading this article? Don’t let this get you down; it happens. Do not let it diminish your attitude, respect or dedication for the job. Secondly, stay strong and focused and go out and prove to the Al Sharptons of the world wrong. Do your job and serve your city the best you can. I could assume the officers involved in this incident are feeling extremely down. Any advice for them? My advice to them is stay close to your family. No one understands what you go through when you are the target of an investigation like this unless they have been there. Stays focused and keep your head up; this is going to cause depression…but you have to try and stay above that and get through this. Any last words? I just want to give my support to the men and women out there that do a job that nobody really understands unless you’ve been there. Most people wouldn’t have the balls to go out there and do what they do on a daily basis. I’ve lived it and I give them an enormous amount of credit for the work that they do. Do you miss being an officer? I’m too old to miss it, but I miss the interaction with the men and women, and I still have a lot of supporters. So do I actually miss being a cop? No, not really. I now live vicariously through my son. To reach Bernard Kerik email at: private@bernardkerik.com
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newsworthy Hoax Articles are
By George Beck the Internet age where information is transferred at breakneck speeds, and users are bombarded with overloads of information, the ability to differentiate fact from fiction is apparently growing increasingly difficult. Why? Have we become so numb to massive media hyper-stimulation that we somehow unconsciously accept everything at face value? If it appears on Facebook, it must be true? Right? No. Now ask yourself this: Can this even be possible when we’ve already experienced tons of hoaxes? Dwayne “The Rock” Johnson, Morgan Freeman, 50 Cent, Jon Bon Jovi, Abe Vigoda, Celine Dion, Miley Cyrus, and Tom Hanks, to name a few, all have one thing in common--they’re alive Yet tons of people believed the horrifying accounts of the skiing accident or the car crash or other tragedy that ultimately did their beloved celebrity in. Shocked, they clicked the Facebook “share” button instantly without looking a second further into it and poured their disbelief, anger, or resentment over the untimely passing out. In turn, recipients repeated the same process until the celebrities pinched themselves as they read the horrific details of their death. When former professional wrestler Dwayne Johnson learned he died by falling off a cliff while filming in New Zealand, he took to Twitter, and showed the world he was alive and well, telling how he’d “love to meet the person who is starting rumors of my death – to show them how a dead foot feels up their ass.” Good for him. Just because he is a celebrity doesn’t give anybody the right to victimize him and spread lies. I guess whatever the reasoning behind this phenomenon might be, it can be summed up by the old adage that “bad news travels fast.” But what is clear is that in each case there is a lack of understanding of the simple humanity of the victim. Let’s look at it like this: What if somebody hoaxed you by writing a fake obituary or tragic article and spread it to all your friends and family reporting that you had died horribly while driving home from work? How would your parents, spouse, or other family member feel reading it? Envision what that scene would look like. Painful. It’s horrible that somebody would purposely do this.
On August 07, 2014 the satire news website National Report released a hoax article “NYPD Officer Kills Baby Following Breastfeeding Argument.” The article began by pouring gasoline on already enflamed issues the NYPD has been dealing with, suggesting, “In a continuation of the ongoing police scandals rocking the New York City Police Department,” and suggesting this “closely follows the July seventeenth death of NYC resident Eric Garner after the use of a prohibited chokehold by officers against him.” This hoax article was about NYPD Officer Michael Fitzsimmons killing a three-month-old baby girl, Layla Smith, during an argument that began when the baby’s mother, Suzanne Smith was breastfeeding Layla on a bench at a bus stop in Queens. Officer Fitzsimmons, according to the article, told the mother to cover up or she’d be arrested for indecent exposure. She calmly ignored his request, telling him it wasn’t illegal to breastfeed a baby in public, and got up to board an approaching bus. “He screamed at her to stop and told her she was under arrest,” the article says, written from a witness perspective. “When she ignored him and kept walking toward the bus he grabbed her by the back collar of her shirt and violently yanked backwards. The poor baby just toppled out of her hands. She hit the ground and the poor little thing just started bleeding from the head. The officer saw what happened and actually continued to cuff the mother while she began to scream. It was the most horrifying thing I’ve ever seen!” Then it tugged harder on the reader’s heartstrings. “Onlookers grabbed the injured baby and attempted to staunch the flow of blood from her split head.” The mother was taken to the precinct for processing. “Layla subsequently died, without her mother, from her injuries at the hospital.” According to an article in the Epoch Times, the hoax NYPD article received more than 1.5 million shares and “likes” on Facebook. The reactions people immediately spewed were of sadness for the victim, but in equal profusion were angry and aggressive rants about police officers. Some people focused on the officer and how he should be arrested for murder, but others took their anger out on all law enforcement officers. Doing this just doesn’t seem right. One bad apple doesn’t spoil the bunch. Do we vilify all teachers because a few of them have committed indiscretions with their students? Do we hate all college football coaches because of Jerry Sandusky? A large part of the problem is that, in the Internet age, anyone
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newsworthy can masquerade as an “authoritative” voice. If you chuckled at the comic strip above, you may not understand how frighteningly accurate it is. While the accountability of the “old” mass media outlets has increased, the proliferation of fly-by-night un-vetted news sites has turned a trickle of misinformation and bias into a flood. Anyone with an ax to grind can give themselves an air of legitimacy, and a disturbing number of them have tremendous hatred for law enforcement of any kind. As law enforcement officers, we have thick skin, and this disturbing article is another reminder that opportunists are willing to do almost anything to disgrace the police profession and personally attack officers to make a profit. Yes, a lot of it is about making money. The website that posted the original hoax story got millions of web “hits,” which translates to advertising dollars.
While it’s true we cannot stop the malice from news outfits, even supposedly humorous ones like National Report, or control impulses from so many people who fall for hoax articles, we can continue to stand up for one another and speak out when we are being attacked. We owe it to ourselves. God bless the men and women in blue who risk their lives every day to serve and protect and make our country the best in the world! George Beck is a police detective in New Jersey. He is the author of the novels The Killer Among Us and Trounce: A Suspense Thriller. His crime fiction stories have appeared in anthologies both nationally and internationally, and a number of magazines. He’s an adjunct professor, volunteer firefighter, and Ph.D. candidate.
Think about how many times you were simply trying to do your job and you were heckled and treated horribly because somebody with a camera phone thought it would be cool to treat you that way and record it. You may have even asked yourself, why be a proactive cop when even if you make the slightest mistake, you will be bashed and thrown to the curb? Politicians and pundits and hatemongers will rush to judgment and shame you and crush you and ruin every good thing you’d ever done. They will reduce you to subhuman and do whatever it takes to pander to interest groups or voters to destroy you. This is not what you signed up for when dreams of making a difference, of taking bad guys off the street, and protecting people, occupied your thoughts. But, sadly, if our politicians and others continue to bash the police and handcuff them, so to speak, the end result will be a world in which nobody wants to live -- a world where police are only reactive because fear of being proactive increases the risk of being personally destroyed. Let’s not forget that proactive police work is what solved some of the most heinous cases. What if that officer issuing the parking ticket to David Berkowitz’s (Son of Sam) car was considering personal repercussions for being proactive? How many more people would have died before he was caught?
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interview
A Storied Career in the NYPD An interview with Author and Retired Detective,
Raymond Berke By Daniel Del Valle
&A Q
O
n June 12th, 2014, NY Blue Now sat down with Mr. Raymond Berke to discuss his 20-year career in the NYPD, the sad and violent things he saw on the job and the publication of his book, 6 More Dead. Mr. Berke gave us a glimpse into some of the most powerful events and cases in his life. For more on the stories that follow, and others not mentioned, check out his book for an honest glimpse into the life and career of an NYPD detective.
NY Blue Now: What made you go into law enforcement, and how old were you? Raymond Berke: I was 22 when I joined the NYPD in 1981; and honestly, I joined for the money. It paid more than the Wall Street bank where I was working. Where were you raised? Queens, NY. I wasn’t the best kid growing up.
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So, you were an active kid? Call it what you want. I hated cops as a kid. The last thing in my mind was becoming a cop. In 1979, I was taking classes at John Jay College of Criminal Justice in Manhattan. I was considering becoming a lawyer. The announcement for the NYPD police test was coming up, and they were hiring. My father insisted I take the test. I took it on four hours of sleep and a hangover. About a year and half later, they called and I took the job.
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Before you were an officer, why did you hate cops? We had old school cops in my neighborhood. Green and white cars, single bubble on top, leather jackets, that sort of thing. I’ll give you one example. One day we’re playing touch football and I’m leaning against a car, I’m maybe 13 years old. A cop got out of his car and asked me, “Is that your car?” I said, “No.” “Is that your father’s car?” “No,” I said. “Get off the car,” he said and then he hit To Advertise Call: 201.881.5100
me across the shins with his nightstick. That’s what my impression was of cops. So you had a bad perception when you started in 1981. When you joined, how were the guys at that time? Everything changed dramatically in my opinion, and I’d grown up a lot too. During my teenage years, doing what I did, gave me a different perspective in a career in law enforcement about kids. I wasn’t as hard on kids as other guys were, and I wasn’t as quick to make an arrest, unless necessary. I sometimes preferred to take a kid home to his parents, rather than ruin his life with a record. What crimes were being committed in NYC at the time? New York in the 80s was very dangerous. The city was doing 2,000 or more homicides a year. I worked in the 73 precinct in Brownsville, Brooklyn, one of the highest crime precincts in the city. We covered an area of 1.3 square miles that averaged 75 to 80 homicides per year. It was never ending.
as I holstered my gun, one kid pulls out a .380 automatic, puts it to my forehead and pulls the trigger. It just clicked. It misfired. I dropped him with a left hook, picked up his gun and by that time my partner had arrived. What do you remember when you saw the barrel? It was right at my forehead; I remember it like it was this morning. How long did that time feel? Something like that happens in slow motion. I know it sounds corny, but it really is slow motion. When did it hit you that you could have just died? I don’t know if it ever did. I was young and stupid and playing cowboys and Indians. I don’t think I ever looked back.
What weapon did you have? The .38 revolver. How was the camaraderie? The more dangerous the precinct, the more camaraderie there is. We always had each other’s back. Can you recall a lifethreatening situation on the job? No, (laughs) I had a few. I’ve been shot at four times in 20 years. The closest I came was when I was a rookie. My partner and I staked out a railroad station and saw three males that fit the description of some robbers we were looking for. We were going to come up both ends of the station and block them in. I went up one end. What we didn’t know was that the other end of the station was locked. My partner was gone. I ended up alone with three guys on the platform. They were probably 1618 years old. I took my gun out and told them to put their hands on the railing. I had to frisk them… something wasn’t right, and I knew we were going to start fighting, so I holstered my gun. As soon
I think the saddest event I remember was when I saw a detective kill himself in front of me. It happened so close that the ringing in my ears has never stopped. What happened? It’s in my book. His name was Al Young, and he worked at the Policy Academy Museum. I was on restricted duty at the time after surgery on my knee, and I got to talk to Al a lot. He was one of the foremost authorities on the NYPD. One day I saw a light on in his office. He had papers laid out on his desk, a gun cleaning kit, and when I was just inside the door I said, “Hi Al,” and he shot himself in the head. Did you see that coming at all with him? Did he show signs? Not that I could see. Did that haunt you in your career? Does it today? I wouldn’t say it haunts me. Immediately after it happened, I and other officers picked him up and carried him across the street to a hospital. I was soaked in blood. I was told to shower and get back to the job. I was choked up and didn’t know who to call or talk to, so I got a hold of my old partner, and he told me to come straight to his house. So back in the day, I guess they weren’t good at dealing with officer’s stress? There was no such thing as trauma back then. Today if a cop is in a shooting, or he fires his gun, he’s immediately treated for trauma. It wasn’t like that back then. Back then, who was a good mayor for the department? Ed Koch and Rudolph Giuliani were both good in different ways.
Did that incident affect your career? It affected me to the point that I said, ‘that was a mistake, I’ll never holster my gun again in a circumstance like that.’ Can you recall anything in your career that was very sad to see?
What year did you retire? 2001. Was that before or after 9/11? Six months before. Do you regret retiring before it happened? The first thing I did was call the department to see if I could help. So did everyone else. I know who was retired.
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interview What inspired you to write a book? I was always writing poems, letters, you know. I enjoyed it. One day I was at a barbecue talking with other cops and telling war stories. An attorney was listening to our stories. I went into his office about two weeks later and he said, “I was listening to that story, and I couldn’t believe it, you have to write a book!” It took me six or seven years to write.
We were told to stay home. I wanted to go back in and fight the good fight; but in hindsight, I’m glad I retired when I did. Looking back, is there anything you would have done differently? Tons of things. I was a detective for 14 years. There were a lot of cases I would have handled differently, or better, but you can’t look back on stuff like that. I had some good cases. I did my job, and I loved being a cop. I took the job home with me like you’re not supposed to. I solved a kidnapping at home once. We were also allowed to do the job back then. We didn’t have bosses breathing down our backs. I feel bad for the guys today. Do you think that’s why, in your opinion, the passion for the job isn’t what it used to be? Absolutely. Cops can’t be cops anymore. They can’t make mistakes. Today, it’s better to do nothing than to act and make a mistake. The mentality is totally different.
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The title of the book is 6 More Dead. Why did you choose the title? The title 6 More Dead comes from the College Point Massacre. It was a Saturday morning in 1995. When I arrived at work, I met a cop coming from the midnight shift, and he tells me there’s a girl in the hospital with her throat cut. No arrest made. Her name was Anna, and she was about 18. She couldn’t speak, and no one knew she was also shot in the head, just below the eye, with a 9mm bullet. I asked, “Do you know who did this?” She nodded. She had a legal pad. Her hands were shaking, but she managed to write out ‘Cuba.’ I told her I’d be back after I looked into it. I started to walk away, but she grabbed my arm, her grip like a vice and pulled me over to her bed, took the pencil and wrote out ‘6 more dead.’ The rest is in the book. Who was Cuba? Cuba is an 18-year-old kid. We ended up taking two accomplices as well, all doing time right now, probably for life. Who was he to her? Just a kid from the neighborhood. He went to their house with the intention of robbing the family.
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Why would you recommend that officers read your book? Because it’s honest. The best reviews I have are from cops who’ve been through similar things. I didn’t try to be super cop. I did the job and made mistakes, a lot of mistakes, and I write about them. Everybody’s human. What rank did you retire? Detective. How could an officer get your book, 6 More Dead? Download it on Kindle, order on Amazon or order through Barnes & Noble, or anywhere on the Internet. What advice would you give officers today? If we were talking about NYC I’d say, just do what you’re told, own up to what you do wrong, and safety first. And don’t be afraid to ask an older cop how to handle something. You’d be surprised at how much knowledge those bald, fat guys have. If an officer were contemplating suicide today, which unfortunately some are, what would you tell them? I’m not a psychologist, but obviously seek help. There are a lot of people out there they can call. It could be a matter of making that one call and finding out that someone really does care. What would you tell the officers retiring today; what do they have to look forward to? Personally, I maintain that if you plan on retiring just to take another job, stay where you are. If you enjoy police work, it doesn’t make sense to take a job as a security guard somewhere. But if it’s time, then you have to do what you have to do.
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Officer Joseph M. Navas
O
fficer Navas was a 16-year veteran with the Port Authority Police appointed on May 12, 1985. Prior to his appointment as a police officer, he worked for the Port Authority of New York and New Jersey maintenance department. He always wanted to be a police officer and he loved his job. In January 1999, he joined the elite Emergency Services Unit Tactical Response Bureau. As a member of this elite team, he dangled from buildings and bridges, waded through floods in search of victims and rescued people trapped between trains and the platforms. Officer Navas was also training to be a deep-sea diver to help with underwater rescues. Throughout his career, Officer Navas received numerous Meritorious Police Duty Awards, citations and an Individual Valor Award for rescue operations during the 1993 bombing of the World Trade Center.
On September 11, 2001, he responded to the World Trade Center in the Emergency Service truck and after first responding to a reported cave-in on the B-4 level PATH platform, they headed to the towers for rescue operations. Officer Navas handed off an injured person to another officer and instructed him to bring the victim to Emergency Medical Services. Officer Navas and the ESU team continued towards Tower One and began rescue and evacuation of the upper floors.
a shorter plastic version for his children. He would go ice skating with his son Joey every Friday night and though exhausted from work, he always found time for his kids. He coached Little League baseball and ice hockey teams and was an avid Yankee, Ranger and Giants fan.
Officer Joe Navas, age 44, was born in the Bronx, New York and resided in Paramus with his wife, Karen and their three children, Jessica, 12, Joseph, 9, and Justin, 3. Navas was a handsome, easygoing, athletic man who passionately loved sports and enjoyed spending time with his family and playing ball with the kids in the backyard. He would play basketball alongside his children with two hoops, one was regulation size and the other was
If you would like to honor a brother or sister in BLUE who lost their life on the job or retired, please submit your story to: nybluenow@aol.com NY Blue now | Volume 3 ~ issue 2 | 2014
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The Paul S. Buchanan #208 Story By Nicole C. Richardson
“I wish I could tell people that every time I think of work I get stressed out and anxious but if I told them I was suicidal I would be out of a job.” ~Paul S. Buchanan Paul Buchanan
lived an all too picture-perfect life. Wife. Two kids. Ideal career. His life was like a once upon a time beginning. Paul had a passion to help people, so he joined the East Hartford Police Department in 1989. Working most of his career on the midnight shift on patrol, he was described as a highly respected officer who was hardworking, loyal and fair. He was a great man. The service that he rendered earned him recognition. Among these numerous awards were two lifesaving citations, and his most honorable one, the recipient of the East Hartford Officer of the Year Award in 2008. But what happens to a man who has it all and gives almost 24 years of service protecting his community that the plot of his life so drastically changes leading to the unexpected? Tragedy can be disguised in many ways. For one family, the loss of a husband and father has given them the mission to speak out about a subject that is not openly discussed in the law enforcement community. Trish Buchanan candidly shares her husband’s death and hopes that his story can be a life saver or provide encouragement to anyone who has ever lost a loved one by suicide. 30
Falling into Depression
Around September 2012, Paul Buchanan began to experience more stress than usual on his job. Changing from one position to another increased the weight of his workload. He became so overwhelmed with negative feelings which propelled him into depression and anxiety. At times he would open up to his wife Trish about his day, and at other times, he would retreat in solitude. Although Paul was suffering from some depression and anxiety, seeing his family’s doctor and taking his medication kept him afloat. His wife noticed the emotional turmoil her husband was in. Like many police officers, Paul witnessed many traumatic events including the stabbing of a teenage boy who died in his arms. East Hartford Police Department also experienced an in the line of duty death of fellow police officer Brian A. Aselton, which affected and hurt Paul deeply. Eventually, Paul confided to his wife that he was feeling overwhelmed and he could not do his job anymore. Years of cumulative stress from the job weighed heavily upon Paul.
The Letter
Being pulled in a lot of different directions on the job, Paul’s first cry for help was a letter he had written to administration about not being able to keep up the pace of all that was required of him and the
NY Blue now | Volume 3 ~ issue 2 | 2014
difficulty of the position as a court officer/ scheduling officer/desk officer/fleet officer. He requested to go back to his first love, patrol. Administration dismissed his concerns with no response. Instead, Paul’s current job unknowingly became posted while he took his vacation time. When he returned, no one from administration talked to him about his stress relating to the job. The only action taken was Paul returning to the midnight Patrol division. Physical signs started to reappear. He was sleeping more, not eating and losing weight. Anxiety was setting in stronger and the panic attacks were accompanied by jitters and nervousness. His blood pressure was rising causing him to change his medication. Paul’s chronic back pain that he developed over the years would attack his body, and his sleep apnea would cause difficulty in breathing.
At an Impasse
Having none of these issues prior to becoming a police officer, Paul told his wife, “I know the Department has an Employee Assistance Program in place. I need to go to understand why I am feeling this way.” Confidentiality was very important to Paul. Courageously, he made an appointment with E.A.P, but they failed to address his underlying condition. In place of counseling, they gave him a meditation handbook and referred him to a nurse practitioner who would handle To Advertise Call: 201.881.5100
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prescriptions for him. Paul left feeling defeated and did not desire to make another appointment or continue with their professional advice.
Trish encouraged Paul to meet with his psychiatrist. His doctor prescribed a four to five week leave of absence from his job. During this time, Paul starts to feel somewhat better. He was actively taking his meds and seeing his therapist regularly. This brought on a desire to return to work.
Searching for Help
As the cold days of December 2012 emerged, the depression worsened. Wanting to help her husband, Paul’s wife went in search to find a psychiatrist and counselor that would be able to help him. However, finding the help was not easy. Trish called their insurance company and received a list of referrals but encountered problems. On her first call she made to a referral, she was instructed to leave a message. Other referrals were not taking on any new patients or could see her husband in six weeks. As a last option, she contacted the local hospital for immediate help. They told her the only way he could be given treatment would be if he said he was going to harm himself.
March Madness
It appeared that Paul was returning back to his normal self at times. He called his son, Jared, in the Marines and his other son, Benjamin, in college. They had many heart-to-heart conversations. However, the following weekend, Paul relapsed back to a former state of depression and panic. He experienced a couple of bad days in a row. He was not feeling like himself. Again, the conversation about his job options resurfaced, but he decided to return to work anyway. The first week back on the job the administration created a permanent position for him. His co-workers knew Paul was different. Obsessive thoughts of work haunted him. He felt like he could not handle working the streets again. Nonetheless, he mustered enough strength to continue being the officer that everyone loved.
Eventually a local psychiatrist was found and Paul made an appointment. He was diagnosed with Panic Disorder/PTSD. During this time, he resorted to staying indoors and refrained from exercising, which he normally enjoyed. Work became more stressful and Paul slept more. Most importantly, there was a desire to do some soul searching. Feeling like he was a burden, Paul could not help but feel like he was bringing his family down. His concerns grew. He said to his wife, “What if I keep feeling this way? I have everything a man dreams of… why am I feeling this way?” Paul did not want to go to the hospital. He was afraid people would know him from working in the area as a police officer, and if the Department found out, they would take away his gun, and he would lose his job. He did not want that to effect his retirement. “I told him I would never leave him,” said Trish. They explored together the possibility of early retirement, disability leave, extended sick leave or quitting the job.
The Fire is Out
In January 2013, while on patrol, Paul responded to an emergency. Residents were trapped in an apartment complex that was engulfed in flames. Seeing babies being thrown out the window and people trying to escape the blaze triggered more trauma. Paul is forced to go to the hospital for smoke inhalation. He admitted to his wife that he did not feel well and his blood pressure was high. While on the phone, he described the horrific scene that reminded him of 9/11. Again, Paul said to his wife,
“I cannot do this job anymore.”
On a Monday morning, Paul dressed for work, packed a lunch, hugged his wife tightly and kissed her goodbye. Nothing out of the ordinary occurred to indicate that he was approaching a crisis. By Tuesday, March 12, 2013, he entered East Hartford precinct greeting the officers with his usual smile and sense of humor. In spite of the levity he showed, no one knew what Paul was planning to do. Nine o’clock in the morning, in a barricaded bathroom, Paul felt there was no other means of escape from excessive job stress, so he attempted to end his life. Thirty-minutes later, two officers arrived at Trish’s job to tell her about the news of Paul’s personal tragedy. At the hospital, Trish was notified by the doctors that Paul was still alive but the injuries he sustained were non-survivable. Surrounded by his family on March 12, 2013, at 11:58 a.m., Paul S. Buchanan departed this life.
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around connecticut their anxieties on the job. “[Officers] are saying some of the same things—that they can’t tell their boss or administration about their stress.” The remedy for this would be the creation of a safer environment where law enforcement administration earns their trust and are on a personal level with their officers. “I don’t care if you have a department of 200-300 people. So what! Know your men.”
A Message to the Pauls in Law Enforcement
Trish Buchanan leaves this message to police officers who are facing a similar problem like Paul. “You are only human. You have to reach out for help. You have to talk about it. You carry such enormous stress from the job that you do. You see the worst in the world, the worst in people; it’s a very unthankful job. I want you to know that you are not alone.” Buchanan advises officers to find the support that they need whether it be peer support or assistance from a police chaplain. She also mentions a program called Safe Call Now, which is a confidential resource for public safety employees experiencing a crisis. Trish Buchanan
Trish Buchanan: Breaking the Silence
Post-Traumatic Stress Disorder (PTSD)/ Panic Disorder is an anxiety disorder that heightens when a person experiences trauma. PTSD can lead to depression or other anxiety disorders like panic disorders which causes a debilitating sense of fear that requires immediate medical attention. “He was not himself… and there was a sadness in him,” said Trish Buchanan. “[Paul] did share that he had suicidal thoughts but never mentioned suicide. I know that PTSD causes changes to the 32
brain, and it makes you probably not think like you would normally [think]. You just can’t snap out of it, and I don’t believe suicide is an act of being a coward, but you have extreme stress and pain and I guess suicide is the last resort to end the pain and suffering.” “I wish there were easier ways to get help. I wish administration and law enforcement knew more about mental health issues,” said Trish who believes that the job can cause cumulative stress over the years. In the workforce the administration does not have a complete understanding of mental health issues and that we have to “change the culture by bringing mental health awareness” to the forefront. By making help available, officers can feel more about
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Likewise, Trish reaches out to women whose loved ones are suffering from mental illness. She wants women to know that there is help available in different ways. One option might be is to talk with your family doctor or call Safe Call Now, an organization that can refer you to the right sources for help at 206-4593020. “Although E.A.P did not work for Paul, it doesn’t mean it may not work for someone else.” “I think if you have the right counselor, the right psychiatrist and the right medication, there is hope.”
Final Words to Paul
Looking back on the experiences, Trish felt like she could have done things differently. She said she would have taken To Advertise Call: 201.881.5100
him to the hospital that was not local or sought out peer support or a police chaplain. When asked, “What would you say to Paul if he were alive today?” Trish said, “I would tell him how much I love him and knowing what I know now, I would be able to connect him with the right help and programs. Suicide is never the answer. He may have ended his pain, but in doing so he left his family, friends, and fellow officers behind with an even greater pain. The man that died on March 12, 2013 was not the same Paul that we all loved and knew. Paul loved life and wanted to live, but he was in crisis and suffering so deeply… much more than any of us could have ever imagined.”
The Buchanan’s Mission
The Buchanan’s inspiration to tell the world about Paul’s tragedy came from a final letter left by Paul to his family. In the letter Paul cries out desperately “…make my death an issue so that you can help other people that are like me.” “This is why I am doing this,” explained Trish. “My kids are amazing and they are sharing their father’s story also. This has become our life mission, to help others and save lives.” People, who are suffering and struggling from the same condition as Paul, are reaching out to Trish for help. “So many people have written to me thanking me for sharing Paul’s story,” said Trish.
“There are times when I want to run and hide and don’t want to share such painful and personal things about Paul, but my husband left me with a great mission. If we can help other LEOs out there or connect them to the right help, the right resources, and the right treatment or by sharing or talking about it, we can change things and make it better, even if it’s for one person. For me, it’s worth it, going through the pain.”
A Family Affair
Eighteen months later, the Buchanans are continuing to share the story of their dearly departed. Currently, Trish is writing different articles about her journey. She contributes her articles to the Law Enforcement Today website and Facebook page. Her project, “Project B.L.U.E 208,” which stands for Breaking the Silence of Law Enforcement Officers Underlying Cumulative Stress through Education and Resources, is partnered with Connecticut Alliance to Benefit Law Enforcement (CABLE). CABLE is a nonprofit collaborative effort involving law enforcement officers, mental health practitioners, families, individuals living with mental illness and institutions of higher learning. Their vision is to enhance the safety and well-being of law enforcement officers and the community they serve through education, suicide prevention, conferences and crisis intervention among other things. Trish and her sons have been sharing Paul’s personal story at CIT training classes with CABLE and she was recently invited
to be the speaker at the National Honor Guard Academy graduation at the Fire Academy in Connecticut. Trish will also be speaking at an upcoming meeting for prison chaplains at the Connecticut Department of Correction. Additionally, in Paul’s memory, she and her family are planning a 5K race called Believe 208: Run for the Brave and Finest, which will be held on Sunday, September 28, 2014, at Pratt & Whitney Airfield in East Hartford, Connecticut. She invites all of you to attend. “This run is for you.” Lastly, Trish thanks all the officers out there that do their job each and every day. “I just want you to know we appreciate you.” To send questions or comments to Trish Buchanan or to volunteer and participate in the upcoming race, you can reach her at trishbuchanan208@ yahoo.com. Additional information about “Project B.L.U.E 208” can be seen on CABLE’s website at www.cableweb.org and on CABLE’s Facebook page at https://www. facebook.com/CABLEINC.
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entertainment
y c a Tr an g r o M
By Dan Lorenzo
Former SNL and 30 Rock star Tracy Morgan has been in the news a lot recently. Unfortunately, it’s been because of a tragic auto accident Tracy and his entourage were involved in on the way back to his New Jersey home after a comedy show in Delaware. A trucker who had allegedly gone 24 hours without sleep rear-ended the vehicle Tracy was in. At the time of this writing, Tracy was making progress in the hospital and removed from the critical list. The below interview took place prior to Tracy’s accident.
Tracy Morgan at New York City’s Union Square Barnes & Noble to discuss his 2009 book I Am the New Black. Author David Shankbone, http://blog.shankbone.org/images/
Dan Lorenzo: How is your new baby? Tracy Morgan: She’s sitting here on my bed right now. We’re just chilling.
want my daughter’s mom to be in a better situation, you know? I’m glad to be here in New Jersey. All the best New Yorkers live in Jersey!
Are you still living in Jersey? Still living in Jersey.
When you do stand up are you improvising or do you have an exact set? No way man! I have a set that I worked on. You know, I have my writers that are with me and we all collaborate and that’s what’s going on. When I first got off 30 Rock, I was a bit vulgar on stage and some people didn’t like it. That’s because it was sort of what Bob Saggett went through and Redd Foxx. You know you do so much TV and think you’ve lost your “edge.” What you do then in standup is you become even edgier because you were confined and constricted and it’s TV world. Then when they go see you live, they expect that (your TV persona). Live stand up is something totally different. People get upset, but then
What made you settle down in Jersey after being raised in Bed Stuy? Hey man, I had to. I got tired of the hustle and bustle. I still got a lot of hustle left in me, but with the crowds and all that, I just wanted a quieter lifestyle. A decade of decadence and debauchery! A decade! I was just ready to move out to the burbs. It’s a great place to raise a family here, right? Yeah, this is it man and I just wanted cleaner air. I wanted my daughter and my son to be raised better with their mom. I 34
NY Blue now | Volume 3 ~ issue 2 | 2014
I realized that I don’t have to be so vulgar live. I’m not as vulgar, but I’m still edgy. It’s funny you say that. I consider myself a huge Tracy Morgan fan, but I never watched one episode of 30 Rock. When you get on stage there is nothing you could say that would offend me. When you’re on stage, it’s supposed to be a friggin joke, right? Yeah, but you know what it is? As long as I’m doing comedy in the spirit of those who came before me--there was Jackie Gleason, Richard Pryor, George Carlin or Sam Kinnison--all of those comedy gods--as long as I keep it in the spirit of comedy, people shouldn’t get offended because it’s in the spirit of comedy. I try
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(Continued from page 34) not to have any hatred, but I’m doing comedy. There’s real life, too; my lady and me we argue and sometimes I can come off as mean spirited because I’m human. Sometimes we all say things that we don’t mean, and we all make mistakes, but I like to think when I’m on stage, it’s in the spirit of comedy. People are just really super sensitive now with this PC crap. We couldn’t have a show on TV like Archie Bunker any more which showed our bigotry and our racism. You can’t do that any more. People are too PC now.
I agree, but if I was sitting with you at a Knicks game and you started ripping on white people, maybe I’d be a little offended, but if you were on stage as Tracy Morgan doing standup and you were ripping on white people, how could I be so stupid as to be offended by you? That’s social media. That’s what it is now. I don’t think the fans feel that way. I don’t think true comedy fans feel that way. Everybody wants to voice their opinion. Opinions are like buttholes--everybody’s got one, but now you can send your opinion out to the world. You can blog about it to the world. You can say mean things about people you don’t even know. When I’m on stage, that’s a character on stage. People now they don’t know the difference between TV and live stand up. If I’m saying something about women, somebody gets on the computer and says I hate women. I’m being funny. I’m being accurate--this is how people are! It’s not necessarily how I feel, but as a stand up, that’s my job. I study attitude and behavior. People are PC. I don’t have a political bone in my body and I’m going to call it as I see it. This is the attitude and behavior that I see. Could George Carlin and Richard
Pryor and all those great comedians make it today? I don’t think so. I don’t think they’d be able to evolve. They’d be like the dinosaur. They’d become extinct. This is the most important thing I’m going to ask you, so please think about my next question before you answer it. Like you, I’m an enormous Knicks fan. Are we ever going to win a championship in our lifetime, Tracy? This is what I tell people about the Knicks when they ask me in any capacity. I say, “We’re getting it together.” I’ve been waiting a long time, man! We’re going to get it together. I think we’re going to be contenders this year. Don’t sleep on us. They don’t like talking about us on ESPN or whatever; we got a good squad. We’ve got some experience and we’re setting our goals high this year. Tell me about your new show on FX. It’s funny; we’re going to have a good time with it. I can’t wait for people to see it. I’m so looking forward to Death Pact. It’s going to be dope. And you know what’s crazy is that I’m probably going to get married around that time of year to my wife that I love very much, my fiancé… I’ve already addressed her as my “wife.” She’s wonderful. I know there’s a separation between Tracy Morgan, the guy who lives in Bergen County, and the Tracy Morgan I hear on The Howard Stern Show. I can’t tell if you’re being serious when you tell Howard that you’ve never worn a condom.
I never what? You’ve said on Howard that you never wear a condom because you want to have “thousands” of babies. (Laughs) That’s material man. That’s my alter ego, Chico Divine! One of my favorite characters ever on Saturday Night Live is Brian Fellows. Has Lorne Michaels ever spoke to you about making that into a full length movie? I don’t know if I would ever want to do that. I want to leave Brian Fellows on Saturday Night Live where he belongs. Let’s talk politics. How has President Obama done so far? Oh man, I don’t get into politics. I’m not into politics. That’s not my thing. So you won’t give me an opinion on Anthony Weiner? No man, maybe he was just trying to figure out how to work his phone. I don’t know. Tell me about your relationship with Tina Fey now that 30 Rock is over. We’re still friends, but Tina has her life and I have mine. I have a family and she has a family. We’re professionals. We don’t hang out together. This is my last question. I’m leaving to go play basketball in half an hour. Will you come join me and my boys? Absolutely not man. I got a new baby I’m hanging out with.
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