PRESORTED STANDARD PERMIT #3036 WHITE PLAINS NY
Vol. VI I No. IV
Westchester’s Most Influential Weekly
The State of... The Village of Bronxville
Town of Bedford
Page 12
Page 14
Thursday, January 24, 2013 $1.00
JOHN F. McMULLEN Aaron Swartz Is Dead Page 3 SHERIF AWAD Nomadic Telematch Page 5 EVAN S. LEVINE, MD Hundreds Likely to Be Killed Page 6 JOHN SIMON Faltering Feline Page 10 BARBARA BARTON SLOANE
Waltzing About Tennessee Page 10
Mayor Mary C. Marvin
Bedford Town Supervisor Lee Roberts
C.E. Astorino Hires Cronies While County Languishes by NANCY KING, Page 16
HENRY J. STERN Sentenced Page 13 CARLOS GONZALEZ Coo, Coup, Or KooKoo? Page 17 HON. ED KOCH Letter to Prime Minister David Cameron Page 21
rience fundraising, knowledge of what development entails and experience working with sponsors/donors; 2) Operations Manager- must have a good knowledge of computers/software/ticketing systems, duties include overseeing all box office, concessions, movie staffing, day of show lobby staffing such as Merchandise seller, bar sales. Must be familiar with POS system and willing to organize concessions. Full time plus hours. Call (203) 438-5795 and ask for Julie or Allison
THE WESTcHESTER GUARDiAn THE WESTCHESTER GUARDIAN THE WESTcHESTER GUARDiAn
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RADIO RADIO RADIO
Of Significance Of Significance
Community Section ...............................................................................4 Community Section ...............................................................................4 Business ................................................................................................4 Business ................................................................................................4 Calendar ...............................................................................................4 Calendar ...............................................................................................4 Charity ..................................................................................................5 Creative Disruption ............................................................................5 Charity ..................................................................................................5 Contest ..................................................................................................6 Cultural Perspective ...........................................................................7 Contest ..................................................................................................6 Creative Disruption ............................................................................6 Energy Issues .......................................................................................8 Creative Disruption ............................................................................6 Education .............................................................................................7 In Memoriam ....................................................................................10 Education .............................................................................................7 Fashion ..................................................................................................8 Medicine .............................................................................................10 Fashion ..................................................................................................8 Fitness....................................................................................................9 Najah’s Corner ...................................................................................11 Fitness....................................................................................................9 Health ..................................................................................................10 Movie Review ....................................................................................12 Health ..................................................................................................10 History ................................................................................................10 Music ...................................................................................................12 History ................................................................................................10 Ed Koch Movie Review ...................................................................12 Community ........................................................................................13 Ed Koch Movie Review ...................................................................12 Spoof ....................................................................................................13 Writers Collection.............................................................................14 Spoof ....................................................................................................13 Sports Scene .......................................................................................13 Books Sports Scene .......................................................................................13 Najah’s...................................................................................................16 Corner ...................................................................................13 People ..................................................................................................18 Najah’s Corner ...................................................................................13 Writers Collection.............................................................................14 Eye On...................................................................................................16 Theatre ..................................................................................18 Writers Collection.............................................................................14 Books Leaving on a Jet Plane ......................................................................19 Books ...................................................................................................16 Transportation...................................................................................17 Government Section Transportation ...................................................................................17 Government Section ............................................................................20 ............................................................................17 Campaign Trail ..................................................................................20 Government Section ............................................................................17 Albany Correspondent ....................................................................17 Economic Development....................................................................17 Albany Correspondent Mayor Marvin’s Column..................................................................20 .................................................................18 Education ...........................................................................................21 Mayor Marvin’s Column .................................................................18 Government .......................................................................................19 The Hezitorial ....................................................................................21 Government .......................................................................................19 OpEd Section .........................................................................................23 LegalSection ....................................................................................................23 OpEd .........................................................................................23 Ed Koch Commentary.....................................................................23 People ..................................................................................................24 Ed Koch Letters toCommentary.....................................................................23 the Editor ..........................................................................24 Strategyto...............................................................................................24 Letters Editor............................................................................25 ..........................................................................24 Weir Onlythe Human OpEd Section .........................................................................................25 Weir Only Human ............................................................................25 Legal Notices ..........................................................................................26 ..........................................................................................27 Legal Notices ..........................................................................................26
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Prime Retail - Westchester County UPON GOOD CAUSE, THE COURT MAY ORDER AN INVESTIGATION TO DETERMINE WHETHER THE NON-RESPONSENT PARENT(s) SHOULD BE Location CONSIDERED AS A RESPONDENT; Best in Yorktown Heights IF THE COURT DETERMINES THE CHILD SHOULD BE REMOVED FROM HIS/HER HOME, THE 1100 Sq. Ft. Store $3100; 1266 Sq. Ft. store $2800 and 450 Sq. Ft. COURT MAY ORDER AN INVESTIGATION TO DETERMINE WHETHER THE NON-RESPONDENT THURSDAY, 23, 2012 Store $1200. PARENT(s) FEBRUARY SHOULD BE SUITABLE CUSTODIANS FOR THE CHILD; IF THE CHILD IS PLACED AND Page 3 THURSDAY, JANUARY 24, 2013 THURSDAY, MARCH 29, 2012 THURSDAY, FEBRUARY 2012 Suitable any typeRECENT of business. ContactMONTHS, Wilca: 914.632.1230 REMAINS IN FOSTER CARE23, FOR FIFTEEN OFfor THE MOST TWENTY-TWO THE Page 3 AGENCY MAY BE REQUIRED TO FILE A PETITION FOR TERMINATION OF PARENTAL RIGHTS OF THE PARENT(s) AND COMMITMENT OF GUARDIANSHIP AND CUSTODY OF THE CHILD FOR THE PURPOSES OF ADOPTION, EVEN IF THE PARENT(s) WERE NOT NAMED AS RESPONDENTS IN A PROCEEDING. non profit Performing Arts Center is seeking two job positions- 1) DirecTHE CHILD NEGLECT OR ABUSE
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ence working with sponsors/donors; 2) Operations Manager- must have a
Community BY ORDER OF THE Section.............................................................................................. FAMILY COURT OFknowledge THE STATE of OFcomputers/software/ticketing NEW YORK good systems, duties3include
overseeing all box concessions, movie staffing, day of show 3 lobby TO isCalendar.............................................................................................................. THE ABOVE-NAMED WHOoffice, RESIDE(S) ORtoIS12 FOUND AT [specify Westchester On the Level usually heard fromRESPONDENT(S) Monday to Friday, from 10 a.m. staffing such as Merchandise seller, bar sales. Must be familiar with address(es)]: Creative Disruption. . ......................................................................................... 3 POS Noon on the Internet: http://www.BlogTalkRadio.com/WestchesterOntheLevel. system and willing to organize concessions. Full time plus hours. Call (203) Last known addresses: TIFFANY RAY: 24 Garfield Street, #3, Yonkers, NY 10701 Perspective.......................................................................................... 5 Because of the importance Cultural of a Federal court case438-5795 purporting corruption bribery and ask for Julie orand Allison Last known addresses: KENNETH THOMAS: 24 Garfield Street, #3, Yonkers, NY 10701 allegations, programming with be suspended for the days of March 26 to 29, 2012. YonHealth. . ................................................................................................................. 6 Westchester On the Level is heard from Monday to Friday, from 10 a.m. to 12 Noon kers Philharmonic Orchestra Conductor James Sadewhite scheduled guest Friday, An is Order to Show Cause under Article 10is ofour the Family Court Act having been filed with this Court 6 History................................................................................................................. Westchester On the Level heard from Monday to Friday, from 10 a.m. to 12 Noon on the Internet: http://www.BlogTalkRadio.com/WestchesterOntheLevel. Join seeking to modify the placement for the above-named child. March 30. on the Internet: by http://www.BlogTalkRadio.com/WestchesterOntheLevel. Movie Review. .................................................................................................... 8 the conversation calling toll-free to 1-877-674-2436. Please stay on topic. Join YOUjury AREwill HEREBY SUMMONED to appear before this Court at Yonkers Family Court It is howeverby anticipated that the conclude its Please deliberation ontopic. either Monthe conversation calling toll-free to 1-877-674-2436. stay on Music. . .................................................................................................................. located at are 53Should So. Broadway, New York, on beginning the 28th day ofFebruary March, at 2;15and pm inending the 8on Richard Narog March and Hezi Aris your co-hosts. thewe week day or Tuesday, 26 or 27. that beYonkers, theIncase, will resume our regular201220th afternoon of said dayco-hosts. to answer the petition and tobeginning show causeFebruary why said child should not be 9on Richard Narog and Hezi Aris are your In the week 20th and ending Sports................................................................................................................... February 24th,schedule we haveand an exciting ofchild guests. programming announce fact on the Yonkers Tribune website. adjudicated to entourage bethat a neglected and why you should not be dealt with in accordance with the February 24th, we exciting entourage guests. Eye on Theatre. ................................................................................................ 10 provisions ofco-hosts Article 10 theofFamily CourtKrystal Act. Richard Narog and Hezian Aris are ofof.the show. Every Monday is have special. On Monday, February 20th, Wade, a celebrated participant in http:// Travel. . ................................................................................................................ 10 PLEASE TAKE FURTHER NOTICE, that you have the right to be represented by a lawEvery Monday is special. On Monday, 20th, Krystal a celebrated participant in http:// www.TheWritersCollection.com is ourFebruary guest. Krystal Wade isWade, a mother of three who works fifty miles yer, and if the Court finds you are unable to pay forisa alawyer, you have the right to have a lawyer www.TheWritersCollection.com is our guest. Krystal Wade mother of three who works fifty miles Technology. . ...................................................................................................... 11 from home and writes inassigned her “spare by thetime.” Court. “Wilde’s Fire,” her debut novel has been accepted for publication from home and writes inin her “spare time.” “Wilde’iss her Fire,” her debut novel has sbeen accepted for publication and should be available 2012. Not far behind second novel, “Wilde’ Army.” How does she do Government Section........................................................................................... 12it? PLEASE TAKE FURTHER NOTICE, that if you fail to appear at the time and place and available 2012. Not far behind is her second novel, “Wilde’ s Army.” How does she do Tuneshould in andbefind out. in noted above, the Court will hear and determine the petition as provided by law. Mayor Marvin.................................................................................................. 12it? Tune in and find out. Dated: January 30,Civic................................................................................................ 2012 ORDER OFof THE New York 13 Co-hosts Richard Narog and Hezi Aris will relish the BY dissection allCOURT things politics on Tuesday, February 2 column CLERK1 column OF THE COURT Co-hosts Richard Narog and Hezi Aris will relish the dissection of all politicsfrom on Tuesday, February 21st. Yonkers City CouncilFinance.............................................................................................................. President Chuck Lesnick will share his things perspective the august inner 14 21st. Yonkers President Lesnick will share 22nd. his perspective from theEsq., august sanctum of theCity CityCouncil Council ChambersChuck on Wednesday, February Stephen Cerrato, will inner share Legislation......................................................................................................... 15 sanctum of the CityonCouncil Chambers on Wednesday, February 22nd. Esq.,bewill share Get his political insight Thursday, February 23rd. Friday, February 24th hasStephen yet to beCerrato, filled. It may a propiPatronage. .......................................................................................................... 16 Noticed his political Thursday, February 23rd. Friday, February 24th has yet to be filled. It mayofbeThat a propitious day toinsight sum uponwhat transpired throughout the.................................................................................. week. A sort of BlogTalk Radio version Was Albany Correspondent. 17 tious day toThat sumWas up what transpired throughout the week. A sort of BlogTalk Radio version of That Was The Week (TWTWTW). International..................................................................................................... 18 The Week That Was (TWTWTW). For those who cannot join us Section. live, consider listening to the show by way of an MP3 download, or OpEd ....................................................................................................... 19on For thoseWithin who cannot join us live, consider listening tofind the the show by wayinof anarchive MP3 that download, orlink on demand. 15 minutes of a show’ s ending, you can segment our you may WHYTeditor@gmail.com EdofKoch Commentary................................................................................... 20 demand. Within 15 minutes a show’ s ending, you can find the segment in our archive that you may link to using the hyperlink provided in the opening paragraph.Legal Notices, Letter the Editor.......................................................................................... 23 to using the hyperlink Legal provided in to the opening paragraph.Advertise Today Notices, Advertise Today The entire archive is available andOnly maintained for your perusal. The easiest way to find a particular interview Weir Human. . ......................................................................................... 23 The is available and maintained forfor yourtheperusal. easiest to findofa the particular interview is toentire searcharchive Google, or any other search engine, subjectThe matter or way the name interviewee. For Help Wanted......................................................................................................... 23For isexample, to search Google, or any otherAOL searchSearch engine,forforWestchester the subject On matter orLevel, the name of theRadio, interviewee. search Google, Yahoo, the Blog Talk or use the Before speaking to the police... call example, hyperlinksearch above.Google, Yahoo, AOL Search for Westchester On the Level, Blog Talk Radio, or use the hyperlink above.
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THE WESTCHESTER GUARDIAN
THURSDAY, JANUARY 24, 2013
CommunitySection CALENDAR
News and Notes from Northern Westchester By MARK JEFFERS Our neighbors cheered and our electric company cried, as we finally took down our outside holiday lights, polar bears, frosty, flamingos (yes, I said flamingos) and tons of lights have been stored away. My daughters will now have their friends back over and all is well, so please enjoy this week’s ornament free edition of “News and Notes.” Good news to report, the Cortlandt Emergency Food Bank’s pantry is full again after last month’s successful appeal. Thank you and good luck are in order for two of our neighbors… first, thank you to Whitney Serrell Barbera for her service as the secretary for the Bedford Hills Neighborhood Association (BHNA), as Whitney steps down after two years, and good luck to Britta Vander Linden who stepped forward to fill Whitney’s shoes.
Another note from the BHNA… Save the date for the 4th annual BHNA Run for the Hills 5K road race on Saturday April 13th in beautiful Bedford Hills. Everyone is invited to join the runners both young and old on this often grueling spring morning… maybe it should be called Run Up and Down the Hills… my wife thinks she has talked me into participating this year, but we will see how the training goes… stay tuned. Did you know January is National Tea Month and this week NoKa and NoKa Joe’s in Katonah are celebrating with their very own tea week where you can get a discount on your tea all week, I wonder when we celebrate coffee… Congratulations and good luck goes out to Hastings-on-Hudson’s Benh Zeitlin and his independent movie, ‘Beasts of the Southern Wild,’ for receiving four Academy Award nominations, including Best Picture. “Love, Loss and What I Wore”
will be performed at the Conant Hall in Pound Ridge at 8pm on January 17, 18 and 19. Written by Nora Ephron and Delia Ephron and based on the book by Ilene Beckerman, at our house, this title means my wife would love to lose the clothes I choose to wear, enjoy the show… This event could be out of this world…the Sci-Fi Book Club will be reading “Cinder” by Marissa Meyer at the Katonah Village Library on January 19th. It’s nice to see the New York Knicks give back to our community as members of the team will serve as coaches at the Harvey School’s Martin Luther King, Jr. Youth Basketball Clinic on Tuesday, January 22nd. The sold-out clinic at the Katonah private school will feature Jason Kidd, Steve Novak, Ronnie Brewer, Rasheed Wallace, Chris Copeland and Pablo Prigioni alongside other coaches affiliated with the Knicks community youth
program. Dawn Orza will present a talk about Briarcliff Manor and its history at the February 8th Briarcliff Manor Garden Club meeting. The Vietnam Veterans of America are looking for some slightly used clothing for their drive this year, they will be in our area on January 21st; give them a call at 800-775-8387 to schedule a pick up. Okay all you Winter Olympic want-to-bees, Hickory Hill Figure Skating Club’s sessions for adults have begun so if you are interested in improving your basic skating techniques it’s time to sign up. Skating will take place at the Maxwell Evarts Memorial Rink at the Harvey School in Katonah. Our Katonah neighbor and friend Michael Balkind has released his latest book entitled “Gold Medal Threat,” hope to see it on the best seller list soon. Speaking of books, Reading Dream’s 4th Annual ‘Snow’tacular Kids Fair will be held on Saturday January 19th from 1pm – 3pm at the Cyrus Russell House in Cross River. Reading Dream is a nonprofit organization that
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sends books to children and schools in need, there will be hand-made crafts for sale, face painting, games, and delicious baked goods for sale. Here’s an event that could help save your house from damage…the Bedford Garden Club is holding a post-Sandy Tree Symposium at the Bedford Historical Hall on January 17th at 7pm. This event is open to the public for a fee of $5. A moderated panel discussion, with three tree experts, will address the best strategies for saving, maintaining, and preventing future damage and will answer any questions from the audience. Area hospitals and medical authorities say we are in a very bad flu season…as we all know, I am not very brave, but I got my flu shot, so check with your doctor and go get a flu shot today…see you next week.
Mark Jeffers resides in Bedford Hills, New York, with his wife Sarah, and three daughters, Kate, Amanda, and Claire.
CREATIVE DISRUPTION
Aaron Swartz Is Dead By JOHN F. McMULLEN
That much we know for sure – Aaron Swartz is dead. We also know that he took his own life at the age of 26 – a terrible tragedy. We also know, from all accounts, that he was a victim of depression, a terrible disease underestimated by all who do not have it. We also know that he was gifted technically and, from the age of 14, attracted the admiration of many in the industry both for his technical brilliance and his energy in working to make the Internet a place of openness to all. His work with “RSS,” “Reddit” (http://www.reddit. com), “Creative Commons” (http://creativecommons.org), “RECAP” (https:// www.recapthelaw.org), and “DemandProgress” (http://demandprogress. org) were all aimed at this goal and he invested great time and money into his
work in this regard. I did not know Aaron personally but I do know slightly (through e-mail and Internet connection over the years) lawyer and Internet activist Lawrence Lessig (http://en.wikipedia. org/wiki/Lawrence_Lessig) and writer / science fiction author Cory Doctorow (http://en.wikipedia.org/wiki/ Cory_Doctorow) and greatly admire their work. Both were close to Aaron and spoke eloquently about him as did Sir Tim Berners-Lee and many others (Doctorow -- http://boingboing.net/2013/01/12/rip-aaron-swartz. html; Lessig - http://creativecommons. org/weblog/entry/36298; Other Tributes -- http://www.guardian.co.uk/ technology/2013/jan/12/aaronswartz-internet-twitter-tributes). Berners-Lee even wrote a poem about Aaron:
SOUTH STREET SEAPORT EXHIBITION CENTRE
Continued on page 4
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10/25/12 12:18 PM
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THE WESTCHESTER GUARDIAN
THURSDAY, JANUARY 24, 2013
CREATIVE DISRUPTION
Aaron Swartz Is Dead Continued from page 3
“Aaron is dead. Wanderers in this crazy world, we have lost a mentor, a wise elder. Hackers for right, we are one down, we have lost one of our own. Nurtures, careers, listeners, feeders, parents all, we have lost a child. Let us all weep.” --Sir Tim Berners Lee, January 11, 2013 So the above is clear – Swartz was extremely bright, technically gifted, depressed, an activist in the area of public access, and well respected by those who knew him. What else is clear is that he was arrested on January 6, 2011 and was under indictment for wire fraud and computer fraud, facing a potential sentence of up to 30 years. He was alleged to have set up a server in an MIT closet and downloaded about 4 million academic documents from the JSTOR library. This was not the first time that he had gotten involved with obtaining documents for release to the public. In 2009, he accessed, through a free trial program, “PACER” (“Public Access to Court Electronic Records” -- http://www.pacer.gov/), to obtain 19,856,160 pages of Federal Court records from the database (an estimated 20% of the data base) and then stored them in the RECALL system, available to all at no charge (saving subsequent searchers from the fees that Swartz or others would have paid of .10 per page and / or $2.40 per audio file for the material). The Government Printing Office terminated the free access when Swartz’s actions were found out and a few weeks later, an official, Richard G. Davis, told librarians “the security of the Pacer service was compromised. The F.B.I. is conducting an investigation.” After investigating, no action was taken against Swartz. (John Schwartz’s New York Times story, “An Effort to Upgrade a Court Archive System to Free and Easy” on
this incident may be found at http:// www.nytimes.com/2009/02/13/ us/13records.html). For his actions at MIT, however, the weight of federal prosecution came down on Swartz. Even after JSTOR declined to sue Swartz and asked the government to drop the charges (MIT did not do the same), the prosecution went on. Lessig took a strong position on the government action – “From the beginning, the government worked as hard as it could to characterize what Aaron did in the most extreme and absurd way. The “property” Aaron had “stolen,” we were told, was worth “millions of dollars” — with the hint, and then the suggestion, that his aim must have been to profit from his crime. But anyone who says that there is money to be made in a stash of ACADEMIC ARTICLES is either an idiot or a liar. It was clear what this was not, yet our government continued to push as if it had caught the 9/11 terrorists redhanded.” (Lessig blog -- http://lessig. tumblr.com/post/40347463044/ prosecutor-as-bully). What is not clear and can never be totally clear is what role the ongoing litigation had in leading Swartz to take his own life. Robert Swartz, Aaron’s father, is adamant in blaming the prosecution for his son’s death, saying,“He was killed by the government, and MIT betrayed all of its basic principles” (http://www. huffingtonpost.com/2013/01/15/ aaron-swartz-father-says-killed-bygovernment_n_2482646.html). Lessig was not as blunt but his description of the toll of the ordeal on Aaron brings us to the same conclusion -- “For in the 18 months of negotiations, that was what he was not willing to accept, and so that was the reason he was facing a million dollar trial in April — his wealth bled dry, yet unable to appeal openly to us for the financial help he needed to fund his defense, at least without risking the ire of a district court judge. And so as wrong and misguided and f*%#*#g sad as this is, I get how the prospect of this fight, defenseless, made it make sense to this brilliant but troubled boy to end it.” Since Swartz’s death, a petition relating to the actions of U.S. Attorney Carmen Ortiz, the prosecutor in
the case, has been placed on the White House Petition system. It has since reached the threshold of 25,000 signatures, requiring a response from the President’s office. The petition (Full text at https://petitions.whitehouse. gov/petition/remove-united-statesdistrict-attorney-carmen-ortiz-office-overreach-case-aaron-swartz/ RQNrG1Ck) urges the administration to “remove United States District Attorney Carmen Ortiz from office for overreach in the case of Aaron Swartz.” (http://www.huffingtonpost. com/2013/01/15/petition-to-remove-carmen-ortiz_n_2479458. html). While Ortiz understandably had no comment on the attacks on her actions, her husband, Thomas Dolan, went on the offensive on Twitter, claiming that a plea offer had been given to Swartz, “Truly incredible that in their own son’s obit they blame others for his death and make no mention of the 6-month offer.” Dolan’s response led to a further deluge of criticism concerning both Ortiz and Dolan and the tweet was removed. On January 16th, Ortiz broke her silence and issued the following statement “As a parent and a sister, I can only imagine the pain felt by the family and friends of Aaron Swartz, and I want to extend my heartfelt sympathy to everyone who knew and loved this young man. I know that there is little I can say to abate the anger felt by those who believe that this office’s prosecution of Mr. Swartz was unwarranted and somehow led to the tragic result of him taking his own life. I must, however, make clear that this office’s conduct was appropriate in bringing and handling this case. The career prosecutors handling this matter took on the difficult task of enforcing a law they had taken an oath to uphold, and did so reasonably. The prosecutors recognized that there was no evidence against Mr. Swartz indicating that he committed his acts for personal financial gain, and they recognized that his conduct -- while a violation of the law -- did not warrant the severe punishments authorized by Congress and called for by the Sentencing Guidelines in appropriate cases. That is why in the discussions with his counsel about a resolution of the case this office sought an appropriate
sentence that matched the alleged conduct -- a sentence that we would recommend to the judge of six months in a low security setting. While at the same time, his defense counsel would have been free to recommend a sentence of probation. Ultimately, any sentence imposed would have been up to the judge. At no time did this office ever seek -- or ever tell Mr. Swartz’s attorneys that it intended to seek -- maximum penalties under the law. As federal prosecutors, our mission includes protecting the use of computers and the Internet by enforcing the law as fairly and responsibly as possible. We strive to do our best to fulfill this mission every day.” (http://www.huffingtonpost.com/2013/01/17/aaron-swartzprosecutor_n_2492652.html). Andrew Leonard, writing on Salon, (www.salon.com/2013/01/14/ aaron_swartz_freedom_fighter/), had a different understanding of the plea negation and of Ortiz’s role – “Facing a maximum possible prison sentence of 35 years and a fine of as much as a million dollars, Swartz killed himself Friday night, just two days after prosecutors rejected a plea bargain deal that would have allowed him to avoid jail time. Previously, U.S. District Attorney Carmen Ortiz had sweepingly dismissed the notion that “morality” had a role in Swartz’s actions: “Stealing is stealing, whether you use a computer command or a crowbar, and whether you take documents, data or dollars.” (Leonard’s column is worth reading for his analysis of the economy theories underlying a discussion of digital rights – as are Lessig’s and Doctorow’s writings on the subject). Rep. Darrell Issa (R-Calif.), who heads the House Oversight Committee, has stated that he has an investigator looking into the handling of the case, saying “I’m not condoning his hacking, but he’s certainly someone who worked very hard. Had he been a journalist and taken that same material that he gained from MIT, he would have been praised for it. It would have been like the Pentagon Papers.” (http://www.huffingtonpost. com/2013/01/15/darrell-issa-aaronswartz-_n_2481450.html) On the policy side, one thing has come out of the tragedy. Rep. Zoe Lof-
gren (D-Calif.) announced, on the service that Swartz helped create, Reddit, that she will introduce legislation honoring Swartz, posting “I’m Rep. Zoe Lofgren & I’m introducing ‘Aaron’s Law’ to change the Computer Fraud and Abuse Act.” She explained “The government was able to bring such disproportionate charges against Aaron because of the broad scope of the Computer Fraud and Abuse Act (CFAA) and the wire fraud statute. It looks like the government used the vague wording of those laws to claim that violating an online service’s user agreement or terms of service is a violation of the CFAA and the wire fraud statute. Using the law in this way could criminalize many everyday activities and allow for outlandishly severe penalties. When our laws need to be modified, Congress has a responsibility to act. A simple way to correct this dangerous legal interpretation is to change the CFAA and the wire fraud statutes to exclude terms of service violations. I will introduce a bill that does exactly that. In addition to the posted link, a draft copy of the bill is available here. In coming days, I will seek cosponsors for the bill from both political parties.” No matter what good comes out of the actions by Lofgren and others, it cannot reverse the tragedy of a brilliant young man’s death and, no matter how egregious the government’s actions seem to some, it must be remembered that the tragedy was due, in large, to Swartz’s depression. Hopefully, this tragedy will cause us to focus on the overall questions concerning the use and value of data and the rights of the public relating to data, public and otherwise. If it does, it will give even more meaning to Adam Swartz’s life and struggles. Creative Disruption is a continuing series examining the impact of constantly accelerating technology on CLASSIFIED the world ADS around us. These changers normally happen under our personal radar until we find that the world as we knew it is no more.
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THE WESTCHESTER GUARDIAN
THURSDAY, JANUARY 24, 2013
Page 5
CULTURAL PERSPECTIVES
Nomadic Telematch SHERIF AWAD Through a series of artistically acclaimed and successful exhibitions Egyptian artist Wael Shawky made a name for himself in the art scene worldwide. Although he was not an immigrant or an artist living in the diaspora, Shawky leads a nomadiclike lifestyle; he frequently travels, but is deeply bounded with his home city of Alexandria where he opened an educational art space he called MASS. Between scholarships in Turkey, the Unites States, Greece and Switzerland, Shawky also landed in Korea where he became one of two-dozen international artists gathered for a social and anthropological project organized by the Gyeonggi Creation Center. Before travelling there Shawky also realized two solo exhibitions showing his recent videos and drawings. The first was in Cairo and entitled Clean History in which was included the new installation
Telematch Suburb. The second was in Darat al Funun, Jordan, where he showed a retro of his Telematch video series. Near the end of 2010, the Sfeir-Semler Gallery in Beirut presented Contemporary Myths II, Wael Shawky’s exhibition that took his practice to new horizons in the realm of filmmaking as he presented an epic marionette animation called Cabaret Crusades: The Horror Show File, in which he was retelling, in contemporary style, the story of the first crusades (1096-1099) using old-fashioned Italian marionettes. In 2011, Shawky was recognized the new winner of the bi-annual Ernst Schering Foundation Art Award, which also included a solo exhibition at KW Institute for Contemporary Art in Berlin. In the last five years, an obvious shift in Shawky’s work both on the levels of concept and practice can be observed. For instance, unconventional use of material in Shawky’s installation works started in molid
Wael Shawky.
Telematch Crusades. seedy alasphalt (Birth of Senior As- as stories of departure in order to phalt) where he used asphalt, liquid seek more knowledge and power. tar, graphite, silver paint, speakers, a Although the audience may consider video and mixed media installation. his 12-minutes recitation is a self“My function as an artist is more of portrait sociological translation, it is a translator‌ I translate my observa- also a presentation for two systems tions into visual elements related to that have nothing to do with each social changes and religious turmoilâ€?, other, a supermarket and a religious says Shawky while trying to explain speech. Telematch Series his creativities to both regular and Aired on Egyptian TV back in specialized art viewers. Religious transitions and social the 1970s and 1980s, Telematch was displacement can also be observed a world-famous popular TV show in Shawky’s video series The Cave. featuring live time-clocked tournaCreated in 2004 during a residency ments between different German of seven months in Istanbul, the cities, where the competitors used to be dressed up in funny medieval outfits. For Shawky, this show was not only a game show targeted to entertain a third party, but it also looked like a nostalgic essay for Europe to retrieve its history during the Crusades and a stage to examine the relationships between genders, social Cabaret Crusades. classes, contesting cultural, economic and political models. In this context, Shawky constructed his series of video installations and drawing by the same name, comprising Telematch Upper Egypt, Telematch Market, Telematch Sadat, and Telematch Suburb. “In most of my recent works over the last period, I have been trying to construct a society. A system of sociContinued on page 6 Contemporary Myths. first video had Shawky walking inside a supermarket while reciting verses of Quran from Surat al-Kahf (al- Kahf means The Cave). Contextually, the video tried to reflect a discourse in the Turkish society and government in their aim to join the European Union in the foreground of an Islamic and Sufi heritage. On the other hand, Shawky, as a temporary emigrant and resident walking inside a symbol of new capitalism, retrieved the celebration of Hijra (the historical emigration of Muslims from Mecca to Medina) and other emigration tales mentioned in this Surat including the story of the cave people and the story of Moses
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THE WESTCHESTER GUARDIAN
THURSDAY, JANUARY 24, 2013
CULTURAL PERSPECTIVES
Nomadic Telematch Continued from page 5
ety in transition that is heightened the closer I come to a system of an actually existing society”, he said. Telematch Market was set in an empty hypermarket where trucks carried miniature figurines, jammed with vehicles driven by children. The performance seemed like a cross between a military invasion and a traffic jam. The same manufactured vehicles appeared
again as part of the parade scenes in Telematch Sadat, a video installation realized in 2007 that restaged the assassination of former Egyptian President Anwar Sadat, who was shot during the military victory parade on the 6th of October 1981. In Telematch Crusades, Shawky worked through the same principle but this time he shot young Kenyan children reenacting Muslims and Christians in a battle during the time of The Crusades, marking a retro commentary on historical milestones.
In his exhibition Contemporary Myths II, Shawky created a highly intricate 30-minute animation short film starring 200 year-old marionettes from the Italian Lupi Collection. Featuring scenography by Paola Sommaruga, this gothic experience was called Cabaret Crusades and it followed the events of the First Crusades where Papal mandate sent half-a-million Franks (present day French) on a military campaign to ‘reclaim’ Jerusalem from the Muslim armies. Mining this transformative his-
torical moment for its profound resonance today, Shawky’s film examined the cause and effects of religious war and its impact on European and Arab relations while laying bare the question of who pulls the strings of history. It is an ongoing project that Shawky will continue to implement until the Fourth Crusades, taking the book by Amin Maalouf, The Crusades Through Arab Eyes as his guide. Born in Cairo, Egypt, Sherif Awad is a film / video critic and curator. He is the
film editor of Egypt Today Magazine (www.EgyptToday.com), and the artistic director for both the Alexandria Film Festival, in Egypt, and the Arab Rotterdam Festival, in The Netherlands. He also contributes to Variety, in the United States, and is the film critic of Variety Arabia (http://varietyarabia.com/), in the United Arab Emirates (UAE), the Al-Masry Al-Youm Website (http://www.almasryalyoum.com/en/node/198132) and The Westchester Guardian (www.WestchesterGuardian.com).
HEALTH
County Executive Astorino Announces County to Offer Free Flu Shots to Residents County Executive Robert P. Astorino announced today that the Westchester County Department of Health will offer free flu shots to residents on Thursday, Jan. 24 , from 2 p.m. to 7 p.m. at the Westchester County Center in White Plains. “With so much demand for the flu shot right now, some doctors and pharmacists are having a hard time keeping up ,” Astorino said. “By offering free flu shots, we aim to help those residents who have not yet gotten vaccinated.’’ The county has 1,000 doses which can be given to adults and children ages
9 and up. Residents are strongly encouraged to register in advance for the flu clinic at www.health. ny.gov/Go2Clinic. Those without internet access can call (914) 995-7425, weekdays, starting Tuesday, 8:30 a.m. to 4:30 p.m. “It’s important for everyone six months and older to get a flu shot every year,” said Health Commissioner Sherlita Amler, MD. “We hope residents will take advantage of this opportunity, because flu season can last well into the spring. It’s also equally important to wash your hands frequently, to avoid sick people and to stay home when you
are sick. Most people will recover on their own from the flu with no need to
go to an emergency room or the doctor.” Residents can also visit the health department website to find providers and pharmacies who are giving flu shots. Physicians can call the health department if they have excess vaccine to share with other providers or if they are willing to give vaccines to people who are not their patients. The flu shot is safe and provides protection against the three strains of the flu that are circulating this season. To prevent spreading the flu, cough or sneeze into your elbow and
wash your hands often with soap and water. If you do get a respiratory infection, stay home until 24 hours after your fever subsides, to avoid spreading your germs. Clean surfaces you touch frequently, such as doorknobs, water faucets, refrigerator handles and telephones. Get plenty of rest, exercise and eat healthy food. For more information, visit www. westchestergov.com/health, like them on Facebook at facebook.com/ wchealthdept, follow them at Twitter @wchealthdept, or call us at (914) 8135000.
MEDICINE WHAT YOUR DOCTOR WON’T (or CAN’T) TELL YOU
Hundreds WIll Likely Be Killed by Hospital Workers Not Being Innoculated for the Flu By EVAN S. LEVINE, MD Many people read this week that New York State Governor Andrew Cuomo, due to a significant and early flu epidemic, declared a public health emergency. His goal was to get more people, especially the young, easier access to flu vaccination. But what no one is talking about and what is killing patients right now is that the majority of hospital workers, the ones caring for sick patients are not getting vaccinated.
It’s not because many hospitals aren’t going out of their way to do so. I have witnessed a very strong program, in a hospital I work at, to vaccinate anyone who wishes, at their greatest convenience, and for no cost. It’s because many workers just don’t want to get vaccinated. In the past few weeks I’ve spoken to infectious disease doctors as well as some hospital workers, and I was informed that as many as two- thirds of the hospital staff was not vaccinated. Most told me that they didn’t take the vaccine because they were healthy and
when they did take a flu vaccine in the past they felt as if they got a minor case of the flu. But the viruses in the flu shot are killed (inactivated), so you cannot get the flu from a flu shot and the risk of getting any serious reaction is extremely small. Sure some people do complain of some soreness at the injection site and some may have a day or two of muscle aches or a low grade fever, but that doesn’t mean you can get the flu from a flu shot! According to the infectious disease doctors I spoke with, hospitals have attempted to make flu vaccination
mandatory but were beaten back by lawyers representing union members. Right now you cannot force workers, at a hospital, to have a flu vaccination, even if they work on an oncology floor caring for immunosuppressed patients on chemotherapy. Too many hospital employees are now coming to work, thinking that they may be coming down with a cold, when in actuality they have early stages of the flu. They work in close contact with immunosuppressed patients, the elderly, cancer patients, and patients just recovering from major operations;
they are unknowingly infecting them with the flu. There will likely be hundreds killed, just in the New York area by hospital workers, who foolishly and selfishly refused the flu-vaccine. Hundreds! And there is nothing we can do about it
At a time when women’s place was in the home, Annis Ford had defied her father and had gone to Oberlin College in Ohio to study theology, where she met her husband. When illness caused her husband to give up his profession in Elmira, N.Y., Annis became the first woman in the state to be ordained a Congregational minister. Even after Samuel resumed preaching, his wife’s career was more successful than his.
Crystal Eastman found role models in both her mother and father. “When my mother preached we hated to miss it. There was never a moment of anxiety or concern; she had that secret of perfect platform ease which takes all strain out of the audience. Her voice was music; she spoke simply, without effort, almost without gestures, standing very still. And what she said Continued on page 7
Dr. Evan S. Levine is a cardiologist in New York and a Clinical Assistant Professor of Medicine at Montefiore Medical Center – Albert Einstein College of Medicine. He is also the author of the book “What Your Doctor Won’t (or can’t) Tell You”. He lives in Connecticut with his wife and children.
CHRONICLES OF CROTON’S BOHEMIA
Crystal Eastman, 1: Brains and Beauty By ROBERT SCOTT Crystal Eastman was a pioneering feminist, an influential labor lawyer, a founder of the Woman’s Peace Party and the American Civil Liberties Union, a co-
founder and co-editor of The Liberator, and one of the most beloved women of her generation. Ironically, despite her distinguished record of accomplishments, Crystal Eastman is mostly remembered as Max Eastman’s older sister. She was born in Marlborough,
Mass., in 1881. Her parents, Samuel and Annis Ford Eastman; were ministers. Her father had caught pneumonia while on active duty during the Civil War and suffered from ill health for many years afterward, causing the burden of family support to be assumed by his wife.
THE WESTCHESTER GUARDIAN
THURSDAY, JANUARY 24, 2013
Page 7
CHRONICLES OF CROTON’S BOHEMIA
Crystal Eastman, 1: Brains and Beauty Continued from page 6
seemed to come straight from her heart to yours.” Crystal found strong support for her latent feminism in her father. “When I insisted that the boys must make their beds if I had to make mine, my father stood by me. When I said that if there was dishwashing to be done they should take their turn, he stood by me. And when I declared that there was no such thing in our family as boys’ work and girls’ work, and that I must be allowed to do my share of wood-chopping and outdoor chores, he took me seriously and let me try.” “Once when I was twelve and very tall, a deputation of ladies from her church called on my mother and gently suggested that my skirts ought to be longer. My mother, who was not without consciousness of the neighbors’ opinions, thought she must do something. But my father said, ‘No, let her wear them short. She likes to run, and she can’t run so well in long skirts.’” “A few years later it was a question of bathing suits. In our summer community I was a ringleader in the rebellion against skirts and stockings for swimming. On one hot Sunday morning the other fathers waited on my father and asked him to use his influence with me. I don’t know what he said to them but he never said a word to me. He was, I know, startled and embarrassed to see his only daughter in a man’s bathing suit with bare brown legs for all the world to see. I think it shocked him to his dying day. But he himself had been a swimmer; he knew he would not want to swim in a skirt and stockings. Why then should I?” Her mother started a series of summer “symposiums” at their home in Elmira. Once a week, neighborhood mothers and children “and any fathers who happened to be around” would gather on the Eastman’s front porch to listen to a paper and then discuss it. Crystal’s contribution was titled
Crystal Eastman in a photo in the Library of Congress.
“Woman.” “The trouble with women,”Crystal wrote, “is that they have no impersonal interests. They must have work of their own, first because no one who has to depend on another person for his living is really grown up, and, second, because the only way to be happy is to have an absorbing interest in life which is not bound up with any particular person. Children can die or grow up, husbands can leave you. No woman who allows her husband and children to absorb her whole time and interest is safe against disaster.” The author of these words was 15 years old at the time. “The moment I saw her and heard her voice I liked Crystal Eastman,” said Claude McKay, black poet and seminal figure in the Harlem Renaissance, in his autobiography. “I think she was the most beautiful white woman I ever knew. She was of the heavy or solid type of female, and her beauty was not so much of her features but in her magnificent presence.” Crystal was almost six feet tall, athletic and vigorous. One of the first women in the country to bob her hair,
she wore short skirts at work, pointing out that this style was not only “comfortable, hygienic, and becoming, but a step in the direction of freedom, for it gave women freer use of their legs than they had known for hundreds of years. Incidentally, it gave them back use of the left-hand which in the days of trailing skirts have always been used for holding the ugly things up out of the dust and dirt.” She added, “Surely the best thing about bobbed hair is the new sense of freedom it brings to the wearer. What the short skirt has done for women’s legs, short hair is doing for their heads. And outside of musical comedy, a woman’s head is ever more important than her legs.” After graduating from Vassar College in 1903, Crystal earned a Master’s degree in sociology from Columbia University and was second in the class of 1907 at New York University’s School of Law, specializing in labor law. In 1907, Paul U. Kellogg, editor of social work magazine Charities and the Commons, hired her to investigate labor conditions for the Russell Sage Foundation’s Pittsburgh Survey. She moved to Pittsburgh and over the next year conducted the first comprehensive sociological investigation of industrial accidents ever undertaken. Her pioneering 1910 report on worker safety in Pittsburgh, “Work Accidents and the Law,” caused New York Governor Charles Evans Hughes to name her the first and only woman among the 14 members of the Commission on Employer’s Liability and Causes of Industrial Accidents. On this commission, Crystal Eastman drafted the state’s (and the nation’s) first workers’ compensation law. Existing industrial safety legislation--called “protective” legislation by male legislators responding to what they saw as the “special” needs of women--regulated working conditions, but only for women. “Feminism has entered upon a new phase,” Crystal wrote. “No longer content with asking for their rights,
women have begun to question their privileges. They have begun to examine, with some shrewdness, the whole body of more or less benevolent legislation which has been gradually built up dur-
Crystal Eastman’s trail-blazing study of industrial accidents was first published in this magazine. ing the last half-century for the ’protection’ of women in industry.” Instead, she advocated the objectives of British feminist groups, which was legislation for the protection of the worker based not upon sex but upon the nature of the work. Less than a month before her 30th birthday, in May of 1911, Crystal surprised her friends by marrying Wallace Benedict, a good-looking insurance
agent, and moving to Milwaukee, even though it meant letting her husband’s career choice take precedence in the relationship. Her friends felt that Benedict was a poor choice as a husband: He had the wrong occupation, lacked a social conscience and his home was far from New York. Crystal made up for these shortcomings the following year by managing the unsuccessful fight for women’s suffrage in Wisconsin, which was defeated by the big breweries and liquor interests. The marriage lasted only two unhappy years before Crystal returned to New York and filed for divorce--but refused alimony, scorning the practice as a woman’s admission that she could not take care of herself. For two years after divorcing Benedict, Crystal led the suffrage movement in New York, but had no illusion that gaining the vote for women would bring true equality. “Today when there is no longer a single, simple aim and a solidarity barrier to break down,” she wrote, “there are a hundred difficult questions of civil law, problems of education, of moral and social custom to be solved before women can come wholly into their inheritance of freedom.” Much work still lay ahead for Crystal Eastman before women would achieve a measure of equality. Robert Scott is a semi-retired book publisher and local historian. He lives in Crotonon-Hudson, N.Y.
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THE WESTCHESTER GUARDIAN
THURSDAY, JANUARY 24, 2013
MOVIE REVIEW
Ed Koch Movie Reviews By Edward I. Koch
“The Central Park Five” (+) This Ken Burns documentary includes television footage taken in 1989 when police officers in Central Park arrested one Latino and four black juveniles for allegedly raping and assaulting a jogger. It also contains statements made by the youths at the time, claims of supporters alleging they were innocent, demands of some for swift prosecution of the young men referred to in some papers as a wolf pack, and the comments of others made before and after the five were subsequently freed. “Wilding” was the term used by the youths to describe their activities in Central Park that night. In one clip of me in the film, I refer to the incident as “the crime of the century,” which it was in terms of interest around the world. All five received prison terms ranging from 5-10 years or 5-15 years. Each was convicted on evidence consisting solely of confessions made to the cops and to the District Attorney’s office. Their confessions were made while their parents were standing by and available to their children. Further, a judge has found in a lengthy decision that the confessions were made voluntarily. After sentencing and during the incarceration of the youths, one of
them, Kharey Wise, met Matias Reyes. Reyes, a convicted rapist serving time for another crime, told his jailers that he raped the young woman in Central Park, not the convicted five. An examination of the DNA found in the jogger (sperm) established that Reyes had raped her. No DNA of the five youths was found on the jogger or her clothes. The lawyers, based on the new evidence provided by Reyes, moved in court to free the youths. Manhattan District Attorney Robert Morgenthau, while not himself passing judgment on their guilt or innocence -- a jury having found them guilty - stated that he had a doubt with respect to their guilt. As everyone knows, guilt must be established beyond a reasonable doubt. Mr. Morgenthau acceded to the defendants’ motion and the youths were freed. The five men have now sued the City of New York for $250 million in the aggregate. The law concerning such suits is the following: the city is only liable if the police or any other city agency violated the Constitutional rights of the defendant. The reason is obvious. If the city does everything right, a jury finds for a defendant, and the law requires the city to pay damages, it could find itself unable to provide services. A huge amount would be removed from its operating budget which is used to pay the cost of services provided to all New
Yorkers. There are many acquittals during the course of a year.The percentages vary in each of the boroughs. Some will ask why there should ever be an acquittal in cases where a defendant confesses. The Innocence Project, which has represented a number of defendants it believed were wrongfully found guilty, has offered its opinion stating that “in about 25 percent of DNA exoneration cases, innocent defendants made incriminating statements, delivered outright confessions or pled guilty.” Also, the Innocence Project provided some reasons for those false confessions: duress, coercion, intoxication, diminished capacity, mental impairment, ignorance of the law, fear of violence, the actual infliction of harm, the threat of a harsh sentence and misunderstanding the situation. The film is superb. It provides a host of interesting interviews and undoubtedly caused many viewers to conclude that there was a miscarriage of justice. Supporters of the five men say the city should pay them damages. Each defendant in this case has asked for $50 million. I, like District Attorney Morgenthau, with less information than he had available to him, concluded after seeing the picture that there is a reasonable doubt and the defendants were rightfully freed. I do not believe the city should
simply give away its money, except pursuant to law. I do not believe the defendants will be able to establish that the city violated their Constitutional rights. So how can justice be achieved? The state has provided another remedy allowing a suit in these circumstances to be brought in the Court of Claims, where there is no jury. A judge makes the decision. Historically, those awards are far lower than in cases where juries make the awards. There is a problem using this second route. That law provides that the plaintiff does have to establish that he did not by his own conduct cause or bring about his conviction. That generally means that if the plaintiff voluntarily confessed (albeit falsely) and/or pleaded guilty, for example, his claim could be barred. These cases are very difficult. I believe the state should remove this provision, a form of Catch-22. It seems to me to be an unfair requirement, particularly in view of the Innocence Project finding that 25 percent of defendants freed as a result of DNA evidence have made incriminating statements, which under the law could ban them from being eligible for a monetary award as a result of their wrongful confinement. As a result of this case, I believe the state legislature should correct the law, and the defendants should be allowed
to immediately file their claims under that law. Let justice be served. However, there are responsible people in the criminal justice system who believe not every injustice has a remedy or requires compensation from government. I believe wherever reasonably possible the government has a responsibility to eliminate injustice, level the playing field and assist those who are victims in our society. The city and state government should find a way to do so in this matter. The movie was produced, written and directed by Ken Burns, David McMahon and Sarah Burns. They deserve high praise for bringing the problem to light in such an interesting and provocative film. Visit the Mayor at the Movies to learn more: http://www.mayorkoch.com/. The Honorable Edward Irving Koch served as a member of Congress from New York State from 1969 through 1977, and New York City as its 105th Mayor from 1978 to 1989.
MUSIC
THE SOUNDS Stevie Ray Vaughan 30th Anniversary Edition: “Texas Flood” 2 CD’s Sony Legacy OFBLUE “Disc 1 has been issued several times, but the live ’83 gig debuts here.” Rating: 7 By Bob Putignano This two disc package is all about the previously unreleased set from ’83 as “Texas Flood” has been re-released several times including the so-called bonus track “Tin Pan Alley.” But it’s important to note that this album was Stevie’s very first recording, its executive producer was the legendary John Hammond Sr., it reached number thirty-eight on the Billboard charts, and it received two Grammy
nominations. Not bad for a debut album! But many of us know “Texas Flood” (some of us note for note,) so onto the live Philly show from nearly thirty years ago. October 20th, 1983 was the date this show was recorded at Ripley’s Music Hall in Philadelphia; it was later aired on the nationally syndicated King Biscuit Flower Hour. Well known DJ (WLIR & WMMR)
John DeBella emceed. This is the trio configuration with bassist Tommy Shannon, drummer Chris Layton and Stevie. Two instrumentals open the show in high-gear; “Testify” is a whirlwind tour with Stevie heavily leaning on his Hendrix interpretations and bends, Shannon’s on fire too, as the rhythm section stays right there with the rapid-fire Vaughan. Vaughan’s “So Exited” is also per-
formed instrumentally and shuffles into a blues vamp, here Stevie sounds more like his other mentor Albert King, the entire band fascinates as they move through various twists and turns, then Vaughan takes it down a bit for the final setup where Stevie lifts off. Next up is Hendrix’ “Voodoo Child (Slight Return,)” (other live
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THE WESTCHESTER GUARDIAN
THURSDAY, JANUARY 24, 2013
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MUSIC version doesn’t convince me otherwise as this tune meanders for over eight minutes. Roughly forty-six minutes into their set it’s almost time to go home with a twelve plus minute Hendrix parlay “Little Wing” that segues into “Third Stone from the Sun,” and it’s a good one sans vocals. The band obviously saved their very best performance for last as they start (somewhat) softly with jazzy leads from SRV, but towards the end of “Little Wing” they really
kick into hyper-overdrive where the tempo erupts perilously with raw and reckless abandon into a killer “Third Stone From the Sun.” All in all this live performance is just under one hour, which I figure had to do with the limitations of prerecording this set for the radio broadcast. But given those confines this is still a pretty fiery set that captures the band at their beginnings, which is good enough for me to recommend owning this two CD set, as having
an additional release of SRV music is all good to have legally available. Add to this mix Ashley Kahn’s liners (author of Coltrane & Miles books) and even though my copy only included excerpts, Kahn’s work is consistently impeccable, so I look forward to reading his always insightful words. Long story short: May the SRV spirit live on!
News and Notes from Northern Westchester
Albano scored two goals for the winners. John Jay shutout Mahopac 4 to 0, Frazier Bostwick netted a hat trick and Matt Lanza made 21 saves for the Indians. In girls’ action, Rye Country Day defeated Pingry by the final outcome of 7-3; Rosie Rathr scored 4 goals for the winners. Over on the slopes at Thunder Ridge, North Salem ski team sped by Mamaroneck and Brewster ski teams and Yorktown defeated Ardsley at Tuxedo Ridge. Here’s a look at some area college action, in hoops, Joy Adams scored 23 points and grabbed nine rebounds to lead the Iona women’s basketball team to a 76-46 victory over Manhattan. Jonathan Merceus poured in 17 points to lead the Pace men’s squad to a 73-59 win over St. Michael’s. Purchase College’s Lineker St. Hilaire was named Skyline Conference women’s basketball player of the week as was Andre Nixon after his performance at the Hampton Inn/Naismith Classic where he was named MVP averaging 19 points.
The Fox Lane Sports Boosters Club’s Winter 2013 Gala Dinner and Fundraiser will again be a day long bowling event at Grand Prix New York in Mount Kisco on Saturday, January 26th. The Boosters will take over the entire facility for the day (12 pm - 7 pm) including the 7 VIP lanes from 12:00 pm - 11 pm. The day will be divided into 4 sessions (12:00 - 1:30 and 2:00 - 4:00 for kids and families, and 4:30 - 6:30 for adults and 7:30 - 11:00 on VIP lanes). “Light” adult refreshments will begin with the 4:30 adult bowling session and continue throughout the evening. The evening portion will begin with lighter fare from 5:00 pm - 7:00 pm and a buffet dinner at 8:00 pm. Here’s a real shocker, Lance Armstrong admitted last week to using performance enhancing drugs to Oprah Winfrey… see you next time.
The Sounds of Blue Continued from page 8
versions are more lengthy) this one’s somewhat short (7:45,) but nonetheless Vaughan and company deliver on all cylinders, also tossing nods to “Power of Soul” then it crashes into a sea of well executed distortion. “Pride and Joy” takes us back to the blues and the band pounds it out. More (deep) blues ensue on Larry Davis’ “Texas Flood” where the band (tem-
porarily) bring down the tempo, but that doesn’t last long, as about midway through this ten minute version Vaughan opens up and roars, then takes it down one more time before some emotional moans and groans emit from Vaughan’s guitar and vocals. “Love Struck Baby” kicks, its short (3:09) and it’s a bit disjointed. Buddy Guy’s “Mary Had a Little Lamb” is okay, but not memorable. “Tin Pan Alley” has never been one of my favorite SRV covers, and this
Bob Putignano www.SoundsofBlue.com
SPORTSSCENE
By MARK JEFFERS Welcome to the NHL is back edition of “Sports Scene,” where we take a look at the great sports action here in Westchester County… In her first race as an unattached runner, Bronxville junior Mary Cain ran one of the fastest times ever for a high school girl in the 3,000 meters, winning indoors at the University of Washington Preview in a time of 9 minutes, 2.1 seconds…it takes me that long just to put on my sneakers. Westchester Hoopers AAU Girls tryouts will be held on February 23, 24 and March 4th at Hooperstown in Mount Vernon. Turning to some high school action, in track and field, at the Armory in New York, Somers finished first in the League 1-C Championships, North Salem came in second and Kennedy finished third. On the hoops court, let’s start
with the girls…Blind Brook just got by Horace Greeley 48 to 47, Ali Silfen had 20 points and 12 rebounds for the winners. Mount Vernon beat New Rochelle 69-54, Lubirdia Gordon fired in 28 points for the Knights. In boys’ action, Ossining got by Pleasantville 51 to 49, Kayvon Murray fired in 15 points for the winners. In another nail biter, it was Rye Neck with a 50 to 47 victory over Blind Brook; Matt Franks led the way with 22 points, 11 rebounds and three blocks. Jumping into the pool…Hackley swam past Sacred Heart with the final outcome of 91 to 73. Horace Greeley beat Suffern 102-84 at Purchase. Here’s a look at some bowling results, Lakeland boys rolled past Hen Hud 5-2 at Cortlandt Lanes and Scarsdale blanked Woodlands 7-0 at White Plains Bowl. In girls’ results, Lakeland won 7-0 over Hen Hud and Woodlands returned the favor 7-0 against Scarsdale.
Vaulting over to some gymnastics action, Edgemont 1 took home the Class 3 title at the Mahopac Gymnastics Invitational with a score of 59.7 as Isabella Puig scored 30.65 in the all-around. Brewster defeated Eastchester 155.6 to 139.95. In Squash action, Rye Country Day took two 4-3 victories over Suffield and host Millbrook to raise their record to 9-2. The RCD girls’ squad blanked Holy Child 7-0. Over on the mats, New Rochelle pinned Mamaroneck 34-31. Yonkers defeated Scarsdale 51 to 32. Engarde…how about some high school fencing results, Rye Country Day boys foil team beat visiting Nyack 6 to 3, Kevin Collado and Eric Duarte each scored two wins for RCD. In girls sabre, RCD also beat Nyack 6-3, Olivia Nichols won three bouts. On the ice, Hen Hud skated past Ossining by the final score of 5 to 1 at the Brewster Ice Arena; Robbie
Mark Jeffers resides in Bedford Hills, New York, with his wife Sarah, and three daughters, Kate, Amanda, and Claire.
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EYE ON
THE WESTCHESTER GUARDIAN
THURSDAY, JANUARY 24, 2013
THEATRE
Faltering Feline
mostly an actress manifestly engaged but insufficiently compelling. She is not much helped by the Brick of the not untalented Benjamin Walker, who hobbles persuasively and drinks awesomely, but does not convey why his parents should so prefer him to his elder brother. It may just be that he is too gangly for the petite Johansson, but something is missing here. Perhaps he just isn’t macho enough. Cioran Hinds, conversely, is a convincing Big Daddy, even if he shouts more than necessary. This may be partly because, the occasion being Big Daddy’s 65th and presumably final birthday, there are fireworks,
By JOHN SIMON Two of Tennessee Williams’s plays, “The Glass Menagerie” and “A Streetcar Named Desire,” are uncontested winners. The others are on the cusp between drama and melodrama, pathos and bathos, comedy and grotesquery. The yet again revived “Cat on a Hot Tin Roof” is such; a strenuous teeterer. It is, as you may recall from its perhaps overfrequent revivals, mostly the story of Margaret’s—Maggie the cat’s— desperately determined efforts to get her husband, Brick, to have sex with her again. At stake is the inheritance of the 28,000-acre plantation of Big Daddy Pollitt—prime Mississippi Delta land— to be left either to beloved younger son Brick or to disliked elder son Gooper and his wife Mae, a greedy and grasping but philoprogenitive couple, with their five “no-neck monster” children, as Maggie has dubbed them, and a sixth one under way. The problem is that former college football star Brick and his chum Skipper had a perhaps abnormally close relationship, so that when Skipper recently died, Brick turned alcoholic and lost all interest in Maggie, incurring even a needless, nocturnal, self-destructively hurdlejumping broken ankle. Meanwhile Big Daddy is dying of cancer, although he and his unloved wife, Big Mama, are assuming all he has is a spastic colon. Maggie, who knows the truth, must urgently seduce Brick into cohabitation and producing an heir; otherwise, what with Big Daddy dying intestate, the property might go to lawyer Gooper and nasty Mae. The plot twists and snakes from a
Benjamin Walker and Scarlett Johansson. first act that is largely Maggie’s mono- hower fifties is that it dealt, however logue trying to bed the boozing Brick, guardedly, with a quasi-homosexual through a second act that is chiefly a relationship between Brick and the unfather-and-son barbed confrontation seen Skipper, more or less avowed by the between bibulous Brick and lovingly latter but vehemently repressed by the berating Big Daddy, into a final act in former. It led to an unsuccessful attempt which some things are glumly resolved, at sex between Maggie and Skipper— but others are left vaguely hopeful, as like Brick, chums in the Ole Miss stuMaggie makes a supreme effort to get dent days—and indirectly to Skipper’s Brick to impregnate her. demise.This latent but at the time daring One reason the play is mounted homosexual element was, and perhaps so often is that it provides all the prin- still is, part of the work’s fascination. cipals with meaty roles, especially with We now have Scarlett Johansson the alternative third act that Elia Ka- as Maggie—hard-working, forcing her zan had Williams provide for the 1955 voice into a near-growl, and looking premiere—more theatrical and more rightly ambiguous, i.e., attractive but not hopeful—and espoused by most revivals especially sexy—a decent performance including the current one. but somehow lacking in clear definiWhat made the play especially tion. We should empathize with Maginteresting in the buttoned-up Eisen- gie’s resolve and hope it succeeds, but get
Benjamin Walker and Scarlett Johansson. and later even a thunderstorm, far too loud and disruptive. The otherwise good Debra Monk, as Big Mama, is especially drowned out. Rob Ashford’s direction, generally apt enough, allowed the sound designer, Adam Cork, too much leeway, including inexplicable sforzandos to crashingly end each act. Supporting performances, led by Michael Park (Gooper) and Emily Ber-
Ciaran Hinds and Benjamin Walker. gl (Mae), are satisfactory, including those of the suitably obstreperous five no-neck monsters. I did, however, have difficulties with Christopher Oram’s set, which is a bit too operatic, what with too many grandly floor-to-ceiling windows (or are they French doors?), almost more suitable to a ballroom, and not occlusive enough for a desiderated sense of suffocation. So, all in all, a “Cat on a Hot Tin Roof” that is neither too catty nor too tinny, which is fine, but not very hot either, which is rather less commendable. Photos by and courtesy of Joan Marcus. Cat On A Hot Tin Roof - Richard Rodgers Theatre - 226 West 46th Street, (between Broadway and 8th Avenue), New York, NY 10036. 1-888-847-4869. John Simon has written for over 50 years on theatre, film, literature, music and fine arts for the Hudson Review, New Leader, New Criterion, National Review, New York Magazine, Opera News, Weekly Standard, Broadway.com and Bloomberg News. Mr. Simon holds a PhD from Harvard University in Comparative Literature and has taught at MIT, Harvard University, Bard College and Marymount Manhattan College. To learn more, visit the JohnSimon-Uncensored.com
LEAVING ON A JET PLANE
Waltzing About Tennessee By BARBARA BARTON SLOANE Delta Queen, the renowned 1926 steamboat, bills itself as “Chattanooga’s Most Memorable Overnight Stay.” It is. I can attest to that from up close and very personal experience. This beloved boat, a fixture of America’s rivers, was the last traditional vessel carrying overnight guests on inland waterways. It is an historic landmark, a member of the National Maritime Hall of Fame and, today, a hotel on Chattanooga’s vibrant
riverfront. After a long, tiring flight and an equally long dinner, I finally stepped aboard the Delta Queen and was shown to my room - small, neat, cozy, with a bed that compelled me to hop in. Finding this hugely more appealing than joining my fellow travelers for an after-dinner cocktail, I happily surrendered to the pull of the pillow and began drifting off. Suddenly, abruptly, I was jolted by a face that appeared before me - that of a woman - gentle, soft-featured, benign, and…. just there! I immediately knew, sensed, that this was not your run-of-the-mill image
The Delta Queen.
that one sometimes sees before dozing off. No, this was the face of a lady from long ago - real, true, and insistent on being acknowledged. I was left feeling slightly unsettled and wondering, “what the heck was that??” The next morning, a guide gave us
a tour of the boat, beginning her talk by saying that the Delta Queen has a resident ghost named Captain Mary Green. Bingo! I immediately knew who my nocturnal visitor had been. I asked if there was a photo of her and when shown - you guessed it…the lady herself! I told the guide about Mary’s visit and she showed no surprise. “Happens all the time” she replied. Mary was the first woman ever to be licensed to captain a boat, and I further learned that she lived in the room just opposite my own. The Discovery Channel’s Ghost Lab (http://www.youtube.com/ watch?v=iUEv_awZPYk) has done a fascinating story on her and I must confess I feel quite special that Captain Mary B. Green chose to visit me!
A Contender
At one time, Chattanooga had the lamentable distinction of being the dirtiest city in America. Then, a turning-point. In 1992 The Bluff View Art District was born thanks to founders Dr. Charles and Mary Portera and a group of forward-thinking citizens. Today this area is home to a collection of cultural delights sprinkled atop a bluff overlooking the Tennessee River. There’s an art gallery, specialty kitchens, gardens, fine restaurants, a coffeehouse, a banquet/conference center and a bed and breakfast inn – making Chattanooga now a contender for one of America’s favorite cities! Continued on page 11
THE WESTCHESTER GUARDIAN
THURSDAY, JANUARY 24, 2013
LEAVING ON A JET PLANE
Waltzing About Tennessee
Continued from page 10
Into the Woods
Celebrating its 78th anniversary this year, the Great Smoky Mountains National Park is America’s most visited park. It straddles the border between Tennessee and North Carolina and is one of America’s 20 World Heritage Sites - a showcase for some of the most inspiring natural and cultural treasures that the Southern Appalachians have to offer. What a delightful photo op it was to wander in the morning light through the forest canopy’s lush mountain wilderness. Water is a constant companion on this journey – cascades, rapids, and falls adorn the trails and the sound of rushing water is never far away. The air is cold, pristine, perfect,
Steam Train Ride at Dollywood. and when you’re in the park, you inevitably feel energized. That mountain over yonder? I’ll just climb on up and take some pictures. Planning a 4-hour hike? Count me in! You feel, well, really healthy. Healthy…..ummmm…mustn’t forget to stop at the Ole Smoky Moonshine Holler, that purveyor of liquid pleasure. Tasting your way through the woods is not such a bad idea. In these mountains, Tennessee’s moonshine tradition runs strong. Scots-Irish ancestors brought their knowledge and skills of whiskeymaking with them as they came to Ap-
NAJAH’S CORNER
palachia. Conditions in the area were good for growing corn, but it didn’t take long to realize a lot more money could be made from a gallon of corn liquor. Once the law began cracking down on the industry, the nature of these people and the rugged mountain terrain made way for the heyday of bootlegging.
Defeat Is a Thing I Can Not Find To Explore By NAJAH MUHAMMAD RYAN
Out of the Woods
Besides forests, there’s much in this part of Tennessee to experience, to learn, to discover. My visit was four full days and yet, upon leaving, I wished I had more time. There’s the amazing little town of Sevierville, about 25 miles from Knoxville with a population of just 15,000. It calls itself “Your Hometown in the Smokies” and its offerings are many: amusement parks, mountain adventures, unbelievable shopping with over 120 high-end outlets, galleries, antiques, boutiques, flea markets and dining that ranges from down-home to international cuisine and authentic mountain cooking. The village of Gatlinburg has mountain peaks rising higher than 6,000 feet and an aerial view of the Smokies aboard the Ober Gatlinburg Aerial Tramway, a 120 passenger, 15 minute, 2.1 mile tram ride up to the summit of Mt. Harrison. We took a nighttime stroll through the downtown area. Gatlinburg’s Winter Magic program brightened up the night with millions of spectacular lights and Christmas displays. We received complimentary admission to some amusing attractions along the way and we shopped in a few of the more than 450 stores and boutiques. And then there’s the little burg of Pigeon Forge. It may be small but its major attraction is grand! That would be Dollywood, known the world over and larger than life, exactly like the person it’s named for. This park was given the International Applause Award for being one of the world’s best theme parks with attractions, crafts, music,
Tennessee’s Smokey Mountains.
shows, special events and rides - lots of rides; at last count over 100 and the latest, the Wild Eagle, is a thrilling roller coaster that takes you soaring over the Smoky Mountains. No, I didn’t …but I watched!
A Centenary Celebration
Taking a break from all the hijinks and frivolity of those irrepressible Smoky Mountain towns, one day we visited Arrowmont, a school of arts and crafts. Founded in Gatlinburg in 1912 by Pi Beta Phi, the first fraternity for women in the country, its mission was to discover, preserve, and promote knowledge and appreciation of traditional and contemporary crafts of the Appalachian region. Bill May, the Executive Director, further elucidates: “We don’t try to tell the story of how art was…but rather what it is today.” This beautiful campus, nestled on a 14-acre hillside, mere footsteps from the Great Smoky Mountains National Park, feels like a world of its own. Walking through classrooms offering education in ceramics, fiber, metals, jewelry, painting, drawing, woodworking and photography and admiring the students’ art exhibits was exhilarating. The place pulses with creativity yet, equally important, Arrowmont offers students a time apart from the everyday; experiences here revolve around conversations, shared meals, evening lectures and quiet reading in the woodpaneled library. The entire place puts one in mind of a simple, peaceful Frank
Lloyd Wright design – inspiring in itself! The hours we spent there were seductive enough for me to make plans to return soon, take a class, and submerge myself in the imaginative and inspired ambience that is Arrowmont Leaving Tennessee, I was overwhelmed by warmth and affection for a state that, prior to this visit, I knew nothing of. I thought of the words of a Tennessee poem by Naval Adm. William Porter Lawrence: “Strong folks of pioneer descent…simple, honest, and reverent.” Not wanting to seem irreverent, may I also offer a quote by that renowned personage of mystical bon mots, Miss Dolly Parton herself: “The way I see it, if you want a rainbow, you gotta put up with the rain.” Out of the mouth of a Babe…
Tennessee 411:
Tennessee Tourism www.tnvacation.com Dollywood Vacations www.dollywood.com Dancing Bear Lodge & Restaurant www.dancingbearlodge.com Arrowmont School of Arts & Crafts www.arrowmont.org Travel Editor Barbara Barton Sloane is constantly globe hopping to share her unique experiences with our readers; from the exotic to the sublime. As Beauty / Fashion Editor she keeps us informed on the capricious and engaging fashion and beauty scene.
TECHNOLOGY
Yield Management? We’ve Got That By LARRY M. ELKIN A midrange Swingline stapler from Staples. com costs $14.29 – if you click “buy” in Scarsdale, N.Y. Twenty miles south, in Manhattan, the same stapler shows up costing $15.79. Staples, along with other retailers, has taken online personalization to its
logical limit, tailoring not just which products it suggests to specific customers, but what it charges for those products as well, according to a recent investigation by The Wall Street Journal. (The article is located behind a pay wall). The Journal found that prices varied based on IP addresses for around onethird of the more than 1,000 randomly selected Staples.com products it tested. Most of the price differences appeared to be based on the customers’ presumed
Page 11
zip codes. Customers in areas with competing office supply stores generally saw lower prices, while those without alternate brick-and-mortar options saw higher prices. On average, the discounted prices were 8 percent lower. Staples confirmed that it offers different prices to different users on its website but did not give a detailed explanation of its online pricing algorithms. Discover Financial Services, Rosetta Stone and Home Depot were also
found to alter online pricing and product offerings based on user characteristics. There is no law against charging different prices in different places or to different people for the same things. To see proof of this, just try visiting the airport version of your favorite fast food chain or asking the person next to you once you get on the plane what she paid for her seat. A 1996 case in federal court in New York held that there was nothing wrong with Victoria’s Secret mailing out multiple versions of its catalogs that showed the same products, but differ-
Continued on page 12
They told me not to go out in the rain I get in trouble every time I do I always go out in the rain Soaring spirit I am a chough Black rain coat and red rain shoes I love the rain, they haven’t a clue They told me not to go out side Finally I cooperated with an innocent smile Then I heard it tapping the window Calling for me to come out a while In this dreary house I stayed put Dazed out the six by two At first it rained hard, beautifully dancing upon the yew I waited long enough My spirit hung with unease Then it just drizzled The sky, how it teased! I told myself No! All listened but my knees Before my knowledge I was dashing about the floor. With my black rain coat and red rain shoes I hastily left the door Down came the drizzle Cool drops drummed my face Dousing drifting beat Eyes closed and I removed my shoes Mud submerged my feet Toes Clinched firmly in the wet earth Defeat is a thing I can not find to Explore They told me not to go out in the rain But I love the rain So I will meet trouble once more Najah Muhammad Ryan is an 18-year-old freshman attending the University of Maryland Eastern Shore, in Princess Anne, Maryland. She is double majoring in English and Agriculture.
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THE WESTCHESTER GUARDIAN
THURSDAY, JANUARY 24, 2013
TECHNOLOGY
Yield Management? We’ve Got That Continued from page 11 ent prices. Nor is there any law – yet – against gathering information online about customers and potential customers for commercial purposes. But many shoppers’ gut response is still that outright price-adjustment based on electronic information is unfair. In a poll cited by the Journal article, more than three-quarters of Americans said they would be bothered if they knew a website was offering others lower prices. Part of the sense of outrage may stem from an apparently unintended consequence of Staples’ pricing strategy. By basing its prices on the availability of shopping alternatives, Staples ends up showing higher prices to customers in lower-income areas, which can support fewer large retail stores. Customers in more affluent areas, meanwhile, get discounts. This can result in the appearance of price discrimination on the basis
of race or national origin, which is illegal. Staples’ pricing in New York City, however, suggests that access, not income, is the company’s real target. Despite the fact that Manhattan is the most affluent of the five boroughs, customers there pay more for their paper and paperclips than shoppers in Brooklyn and Queens. While the Journal reporters did not offer an explanation for this difference, my guess is that it has to do with space and tolls. Many Brooklyn and Queens neighborhoods have most of the characteristics of middle-lass suburbs, including space for larger, suburban-style stores. Residents of Brooklyn and Queens also have the option of driving to authentically suburban Nassau County on Long Island without facing tolls. Meanwhile, shoppers in the other New York City outer boroughs, the Bronx and Staten Island, pay the higher,
Manhattan-style prices – the Bronx, I presume, because it continues to be underserved by most retail stores and Staten Island because its geographically isolated shoppers are bounded by toll bridges. Although few consumers realize it, online price customization is not new. As early as 2000, Amazon faced a wave of negative publicity when users discovered that customers looking at the same item saw different prices. Amazon claimed the variation was random, not based on customer profiles, but many customers were unconvinced. It’s also possible for online retailers to tailor their offerings far more carefully than Staples appears to. Available software can generate sophisticated customer profiles based on browsing histories, allowing companies to hypothetically charge those who routinely peruse designer goods more, while still giving regular bargain hunters the low prices they are bound to seek. Although it claims not to adjust prices, the travel
website Orbitz has even admitted to using software that detects what kind of device a customer is using to access its site and then recommending hotels it thinks are best suited for either Mac or PC users. While I do not have any particular desire to pay more for products based on my viewing history or address, I also don’t see anything wrong with companies trying to charge me as much as they think I will pay. Ultimately, it is the customer who makes the choice of whether or not to buy. If a price seems too high, online shoppers are free to look elsewhere, and on the Internet, the next store is never more than a click away. Whether we like it or not, the mission of most businesses is to maximize revenue and profits, not to determine the “true” price for an airline seat, a hotel room or a stapler and to ensure that everyone pays it. Airlines, which have more experience than office supply stores in anticipating and responding to the behavior of particular customers, have
GOVERNMENTSection MAYOR Marvin’s COLUMN
The Governor’s State of the State address this week caused me to turn my attention to the Village’s relationship to our State government and the attending ramifications of decisions made in Albany. In his speech, Governor Cuomo quoted Governor Al Smith saying, “Let’s look at the record” to use as a rubric. From the Village’s standpoint, the record of the 2012-year in Albany was one of inaction and thus failure. It was a lost opportunity to help the taxpayer – the most important special interest group. Relief from the over 200 unfunded State mandates that are crippling every government, large and small, was non-existent. The following is just a sampling of necessary reforms/measures that either never left committee and in some cases never even had a sponsor to go forward as a bill: The MTA payroll tax costing Village taxpayers ½ of a tax point every year was not repealed.
Larry M. Elkin, CPA, CFP®, has provided personal financial and tax counseling to a sophisticated client base since 1986. After six years with Arthur Andersen, where he was a senior manager for personal financial planning and family wealth planning, he founded his own firm in Hastings on Hudson, N.Y., in 1992. That firm grew steadily and became the Palisades Hudson organization, which moved to Scarsdale, N.Y., in 2002. The firm expanded to Fort Lauderdale, Fla., in 2005 and to Atlanta in 2008.
GOVERNMENT
The Village of Bronxville Vis-à-Vis The State of New York By MARY C. MARVIN
coined the term “yield management” to describe this process. As the name suggests, the goal is simply to maximize yield, or profits; retailers have no nefarious plan to punish Manhattanites or reward suburb-dwellers. We have already become accustomed to yield management when it comes to airline prices. I suspect that, with time, shoppers will come to accept that now Staples carries yield management too.
The Wicks Law which results in municipal construction projects costing 20% to 30% more than the same projects in the private sector was left unchanged. The Taylor Law provisions requiring compulsive arbitration with police and fire unions when contract negotiations reach an impasse were not amended or stricken. The Taylor Law allows an arbitrator who has no ties to a community, shoulders none of the tax burden and does not have to consider “ability to pay” as a major factor in his decision, to make final contract determinations for municipalities. The Legislature also failed to amend the 2% tax cap legislation to allow municipalities to exclude funds for major infrastructure repairs and matching grant monies, as is allowed for school districts, from the cap limitation. As a result, many communities are not seeking the benefit of Federal funds, nor repairing municipal infrastructure. The tax cap legislation created a powerful disincentive for governments to undertake capital improvements, even though New York has one of the most aging in-
frastructures. Most egregious was the lip service given to the albatross around all our necks, the pension benefit system. Instead of confronting the current unsustainable fiscal matrix, the Legislature instead created a Tier VI pension level. This level will only affect new hires who then retire twenty years hence. Not only is no community hiring because of the current crushing financial obligations, relief 20 years away is useless. I would proffer that our elected officials should have instead led the way by changing their own defined benefit pension plan to a defined contribution plan, thereby replicating the retirement arrangement of 80% of their constituents. As illustration, if a government worker making an average of $60,000 annually retires after 20 years, his counterpart in the private sector doing the same would need to have a $1.3 million nest egg just to replicate the State pension benefits, not even taking into account the cost of the generous State retirement health care package. All of the above unfunded obli-
gations are unsustainable and causing local government to continually decrease municipal services. To bring it home, last year the Village of Bronxville got a bill from the State for $3,205,376 to cover our portion of the over 200 State mandates and in turn we received $64,713 in direct State aid. Put another way, in the first year of the 2% tax cap, Albany sent Bronxville a bill for increases in mandate costs that equated to a 4.5% tax increase to Villagers. Net net, continued poor fiscal stewardship, mismanagement at the highest levels and elected officials who lack the courage to confront special interests will keep tax bills rising and local services diminishing. To add to this disheartening picture, the State Comptroller just released a report delineating New York State’s debt burden as one of the highest in the nation. Our debt per capita of $3,253 is nearly three times the median of all states and second highest among peer states. New York’s outstanding debt now totals $63.3 billion, second only to California’s $96.4 billion and more than 80% higher than third place fin-
isher, New Jersey. To make matters worse, 95% of the debt incurred in the last ten years was obligated without Legislative or voter approval. Article VII of the State Constitution prohibits issuance of any debt unless approved by both the Legislature and voters. To circumvent this check and balance, “public authorities” were created to avoid voter approval. The Westchester Municipal Officials Association, which represents every community in the County and in which the Village is an active participant, met last week to craft our list of needed legislative reform. Since absolutely none of our priorities/initiatives were addressed in the last Legislative session, in a sad commentary, the document was simply re-dated. As Mark Twain said in 1866, “No man’s life, liberty or property is safe while the legislature is in session.” Mary C. Marvin is the mayor of the Village of Bronxville, New York. If you have a suggestion or comment, consider directing your perspective by directing email to mayor@vobny.com.
THE WESTCHESTER GUARDIAN
NEW YORK
THURSDAY, JANUARY 24, 2013
Page 13
CIVIC
Sentenced
By HENRY J. STERN “Cash & Carry Larry” Seabrook, An Elected Official for 27 Years, Will Spend the Next
Five in Jail New York Civic is now in its eleventh year of publishing articles about government and politics in New York City and New York State. The first one we wrote was on March 21, 2002, “A Money Tree Grows in Brooklyn,” which dealt with former councilmember and Brooklyn Democratic leader, Clarence Norman. Today’s article is No. 823. There has been a hiatus in the last few months as we and the American public were appropriately preoccupied by the terrible catastrophes of hurricanes and massacres. Those awful events are now receiving the full attention of national and state authorities. Momentum, for the nonce, is on the side of common decency and respect for human life. This enables us to return to the familiar but insistently aggravating themes of municipal corrup-
tion and incompetence. In this case, the news is the sentencing of former City Councilmember Larry Seabrook to five years in prison and restitution of $620,000 to New York City for money he fraudulently received through anti-poverty groups he controlled. The five-year sentence that Seabrook received from Federal Judge Deborah A. Batts follows the 27 years he served as an elected official from The Bronx. He was elected six times to the Assembly, State Senate and the City Council, losing an election only when he attempted to unseat Congressman Eliot Engel in 2000. Benjamin Weiser reported in The New York Times on January 8: “He was convicted in July of orchestrating a broad scheme to funnel hundreds of thousands of dollars in city money to friends, relatives and a girlfriend through a network of nonprofit groups that prosecutors said he controlled.” Seabrook’s repeated plundering of the non-profits he secretly controlled dwarfs the more frequent political corruption cases, where an elected official is brought down on the basis of a handful of incidents.
It indicates pervasive dishonesty in a system where politicians fund community groups, ostensibly to encourage community participation but in reality to provide kickbacks to their supporters. The City Council has made a number of changes in its procedures for allocating these funds, but it has not ended the practice of having particular elected officials determine the nature and extent of subsidies to alleged nonprofits, which often generate substantial profits for their officers. The process of stamping out corruption is made more difficult because of the ingenuity of officials who manipulate the system to protect themselves and the people whom they are shielding. An immediate improvement could be made by requiring a larger number of people to approve a subsidy, prohibiting the receipt of funds by relatives or close associates of elected officials and their staffs, and requiring the frequent submission of documentation to prove the effectiveness of the allotted funds. Intensive review by accountants would be helpful, but we should not be required to spend as much mon-
ey checking out the grantees as we spend on the grants. Probably the best remedies for this type of institutional corruption that permeates many agencies are the vigorous prosecution of cases, prison sentences long enough to discourage recidivism, required restitution of all ill-gotten gains and a substantial effort to change behavior patterns which lead to dishonest actions by public employees and those who would lead them to unethical conduct. Years ago we reported that the indictment rate for City Council members was higher than that for teenagers in the South Bronx. For any elected officials convicted of felonies, which prompt automatic removal of office, there were others whose improper behavior could not be proven to reach that level of criminality. In certain countries salaries of public officials are relatively low and they are expected to receive much of their income from tips from people they have assisted in the course of their duties. (Bribes, you may call them.) In New York City and State, we do not accept that view. We believe that public officials’ compensation
should come from their salaries, not the largess of those their action may favor. That is the basic attitude that we should require of our public officials: accept no money from businesses or private citizens for doing one’s job. Hire no relatives whether spouses, significant others, and no one where personal friendship is the principal aspect of the relationship. Publish monthly the list of organizations, including their officers, receiving public funds. Prosecute those who have used their positions for personal expenditure. The poster boy for this type of action is Pedro Espada of The Bronx. But he is far from the only practitioner of this particular vice. In many investigations into political corruption, the question arises: who knew? What other officials were there who were aware of the schemes but did not report them? It is likely that many people knew what was going on but were in no position to report it for fear of losing their jobs, therefore the degrees of culpability vary. Henry J. Stern is the founder and president of New York Civic.
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THE WESTCHESTER GUARDIAN
THURSDAY, JANUARY 24, 2013
FINANCE
DiNapoli Approves Terms of $3.14 Billion Tappan Zee Bridge Contract Comptroller to Closely Monitor Thruway Authority Finances
ALBANY, NY -- State Comptroller Thomas P. DiNapoli today announced he has approved a $3.14 billion contract between the state Thruway Authority and Tappan Zee Constructors to design and build the new Tappan Zee bridge. “Replacing the Tappan Zee Bridge is New York state’s largest single infrastructure project and is vital to our economic prosperity,” DiNapoli said. “To protect taxpayers, my office will closely scrutinize the Thruway’s oversight of the construction of the new bridge. The Thruway Authority is responsible for proposPage 26
ing a financing plan and must live up to its commitment to pursue the lowest cost options and ensure that its customers are paying the lowest possible tolls. Every effort must be taken to minimize costs for this project and protect the long-term fiscal health of the Thruway system.” DiNapoli’s contract approval does not constitute approval of any financial plan, toll increase or debt issuance. The Comptroller’s office will examine these matters separately and will monitor and audit the Thruway’s finances to hold the Authority accountable on issues of transparency,
The WesTchesTer Guardian
fiscal stability and operational efficiency. The 66-month contract was won by Tappan Zee Constructors, a joint venture of Fluor Enterprises, Inc., American Bridge Company, Granite Construction Northeast, Inc. and Traylor Bros., Inc. The Thruway Authority received three bids for the project. The approved contract takes effect immediately. To read the approval letter, visit: http://www.osc.state.ny.us/press/ releases/jan13/tappan-zee-bridgecontract.pdf SOURCE: Press Release.
ThursdaY, FeBruarY 23, 2012
Bedford Supervisor Roberts Discusses State of the Town CLASSIFIED ADS
respect advises Bedford Town SuperOffice Space AvailablePrime Location, Yorktown Heights visor Lee Roberts. Three of the five high- 1,000 Sq. Ft.: $1800. Contact Wilca: 914.632.1230 “What this means is that the Prime Retail - Westchester County est property taxed parksBestare going to close earlier, that Location in Yorktown Heights counties in the na-1100 Sq. Ft. Store $3100; 1266 Sq. Ft. store $2800 and 450 Sq. Ft. we’re not going to have the police Store $1200. tion are in New YorkSuitable for any type of business. Contactor Wilca: 914.632.1230 force that we’ve had your road is State and Westchester not going to WANTED get plowed or paved HELP County is among the lucky. ThereA non profit Performing Arts Center is seeking two job positions- 1) Direcwhen you want it,” Supervisor Robtor of Development- FT-must have a background in development or expefore, the 2% property tax cap that rience fundraising, knowledge of what development entails and experierts said. ence working with sponsors/donors; 2) Operations Manager- must have a New York has imposed obviously good knowledge In of computers/software/ticketing systems, duties include short, Roberts asserts there is th will make April 15 a little easier to overseeing all box office, concessions, movie staffing, day of show lobby nothing left seller, to cut – except staffing such as Merchandise bar sales. Must bemaybe familiar withthe POS endure in the Town of Bedford. Of system and willing to organize concessions. Full time plus hours. Call (203) financial stress 438-5795 and ask for Julie or Allison test forms the state course, that’s until the resulting lack sends to placate the situation. “It’s so of funds hits your door step in some
By RICH MONETTI
LEGAL NOTICES
frustrating,” shared Roberts, as she FAMILY COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER wonders theCAUSE state is simply In the Matter ofwhether ORDER TO SHOW SUMMONS AND INQUEST NOTICE trying to cause municipal bankruptChelsea Thomas (d.o.b. 7/14/94), cies. A Child Under 21 Years of Age Dkt Nos. NN-10514/15/16-10/12C Pensions come to mindNN-2695/96-10/12B most Adjudicated to be Neglected by FU No.: 22303 readily and the tenuous position it Tiffany Ray and Kenneth Thomas, Respondents. X leaves communities in because not NOTICE: PLACEMENT OF YOUR CHILD IN FOSTER CARE MAY RESULT IN YOUR LOSS OF YOUR RIGHTS TO YOURis CHILD. IF YOUR CHILD STAYS IN FOSTER an CARE FOR 15 OF THE MOST RECENT everyone contributing. “It’s 22 MONTHS, THE AGENCY MAY BE REQUIRED BY LAW TO FILE A PETITION TO TERMINATE YOUR PARENTAL benefit RIGHTS ANDand COMMITMENT GUARDIANSHIP AND CUSTODY OF THE enormous we’veOFgot to CHILD FOR THE PURPOSES OF ADOPTION, AND MAY FILE BEFORE THE END OF THE 15-MONTH just get a grip or else we’re not going PERIOD. THE COURT AN York,” INVESTIGATION TO DETERMINE WHETHtoUPON beGOOD ableCAUSE, to carry onMAYinORDER New ER THE NON-RESPONSENT PARENT(s) SHOULD BE CONSIDERED AS A RESPONDENT; IF THE COURTthe DETERMINES THE CHILD SHOULD BE since REMOVED FROM HIS/HER HOME, THE noted sitting supervisor COURT MAY ORDER AN INVESTIGATION TO DETERMINE WHETHER THE NON-RESPONDENT PARENT(s) SHOULD BE SUITABLE CUSTODIANS FOR THE CHILD; IF THE CHILD IS PLACED AND 2003. REMAINS IN FOSTER CARE FOR FIFTEEN OF THE MOST RECENT TWENTY-TWO MONTHS, THE AGENCY MAY BE REQUIRED FILE A PETITION TERMINATION OF PARENTAL RIGHTS OF Escalating theTOsqueeze toFOR sustain THE PARENT(s) AND COMMITMENT OF GUARDIANSHIP AND CUSTODY OF THE CHILD FOR THE PURPOSES OF ADOPTION, EVEN IF THE PARENT(s) WERE NOT NAMED AS RESPONDENTS IN resources is the growing homeowner THE CHILD NEGLECT OR ABUSE PROCEEDING. trend towardPARENT property reassessments A NON-CUSTODIAL HAS THE RIGHT TO REQUEST TEMPORARY OR PERMANENT CUSOF THE CHILD AND TO SEEK ENFORCEMENT OF VISITATION RIGHTS WITH THE CHILD. orTODYsmall claims assessment reviews BY ORDER OF THE FAMILY COURT OF THE STATE OF NEW YORK (SCARS). The widespread practice TO THE ABOVE-NAMED RESPONDENT(S) WHO RESIDE(S) OR IS FOUND AT [specify address(es)]: has taxpayers then wondering why Last known addresses: TIFFANY RAY: 24 Garfield Street, #3, Yonkers, NY 10701 their contributions still go beyond the Last known addresses: KENNETH THOMAS: 24 Garfield Street, #3, Yonkers, NY 10701 Gasland, heard her own hormentary 2% cap. “It’s an automatic tax increase An Order to Show Cause under Article 10 of the Family Court Act havingror been stories, filed with thisand Court been to Williamsport, seeking to modify the placement for the above-named child. because we still have to pay our budPennsylvania, YOU ARE HEREBY SUMMONED to appear before this Court at Yonkers Family Courtto see it for herself, she get,” says. locatedshe at 53 So. Broadway, Yonkers, New York, on the 28th day of March, 2012 at 2;15 pm in the “we have afternoon of said day to answer the petition and to show cause whysaid, said child should not bea lot to learn and it has To help offsetchild theandbudget scramadjudicated to be a neglected why you should not be dealt with in accordance with the to be much more regulated.” provisions of Article 10 of the Family Court Act. ble, Bedford does partner across the PLEASE TAKE FURTHER NOTICE, that you have the right to be represented by a law- back to Bedford, the Trickling yer, and if the Court are unable to pay for a lawyer, you have the right to have a lawyer county withfinds you other municipalities assigned by the Court. water situation interestingly keeps to reduce expenses in NOTICE, suchthatareas asto appear at the time and place PLEASE TAKE FURTHER if you fail Bedford indigenous when it comes to noted above, the Court will hear and determine the petition as provided by law. emergency preparedness, recreation, commerce. Sitting over their aquifer, Dated: January 30, 2012 BY ORDER OF THE COURT police and fire issues and water CLERK OF THEstorm COURT large chains cannot meet requirerunoff, but Bedford does own its Get liv- ments when it comes to water waste drinking water issues, as Noticed anyone because there are no public sewers. ing in the town can attest. A $20 milWhile that helps the town maintain lion filtration plant almost in place, a distinctive appeal, it’s another chalshe says, “we’re going to WHYTeditor@gmail.com deliver the lenge faced in terms of the tax base Legal Notices, best water in America.” Advertise Today Legal Notices, Advertise Today without large chain contributions. At the same time, when it comes Otherwise, in the private sector, to “fracking”,Before shespeaking endorses caution. to the police... call the economic crisis has certainly left Having seen the well-known docu2 column
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its mark – especially in the housing market. At this point, she sees some movement in real estate but the natural turnover of older retirees leaving in favor of younger residents has created an unmistakable absence in the schools. “You’re seeing the school districts losing population,” she says. The empty space and the implications aside, school security has obviously appeared as a major issue and the solutions are clearly divided, according to the tidal wave of emails that have arrived on the town’s server. Some are adamant about keeping the schools from becoming armed camps, while others demand their kids be adequately protected – regardless of appearances. The latter of putting an officer in each school, according to her discussions with Bedford Police, would tally beyond $4 million a year. A figure NYSEG might dally with municipalities like Bedford, have upped their efforts to get them to go underground. “I know this would be expensive, but they are already spending enormous sums to restore us every year as it stands,” she says. Realistically, Supervisor Roberts understands the preliminary initiatives communities are directing at NYSEG are mostly just a conversation starter, but she’s far from ending her decade long service to the town. Never a dull moment, she concludes, “I love this job.” Rich Monetti has been a freelance writer since 2003 and lives in Westchester.
THE WESTCHESTER GUARDIAN
THURSDAY, JANUARY 24, 2013
Page 15
LEGISLATION
Governor Cuomo Signs Groundbreaking Legislation that Will Give New York State the Toughest Protections Against Gun Violence in the Nation ALBANY, NY – January 15, 2013 -Governor Andrew M. Cuomo today signed into law the NY SAFE Act (Secure Ammunition and Firearms Enforcement Act) that will give New York State the toughest gun laws in the nation. The legislation includes provisions to keep guns out of the hands of convicted felons and potentially dangerous mental health patients, and ban high capacity magazines and assault weapons. Under the legislation, New York will be the first state in the nation to ban any magazine that can hold more than seven rounds and run instant background checks on all ammunition purchases at the time of sale. The legislation will allow authorities to track ammunition purchases in real time to alert law enforcement to high volume buys, and will include a statewide standard requiring recertification of pistol permits every five
years. The legislation also closes a private sale loophole to ensure all gun purchases are subject to a background check, and toughens criminal penalties on those who use illegal guns. “The new law will limit gun violence through common sense, reasonable reforms that include addressing the risks posed by mentally ill people who have access to guns and banning high capacity magazines and lethal assault weapons,” Governor Cuomo said. “This legislation is not about hunters, sportsmen, or legal owners who use their guns appropriately. It is about reducing gun violence and making New York a safer place to live. I thank leadership of both the Assembly and Senate for their action on this important legislation.” Key provisions of the NY SAFE Act include: Mental Health Alert: Under the legislation, mental health profession-
als will be required to report to local mental health officials when there is reason to believe a patient is likely to engage in conduct that will cause serious harm to themselves or others. This information will then be crosschecked against the new comprehensive, and regularly updated, gun registration database. If the patient possesses a gun, the license will be suspended and law enforcement will be authorized to remove the person’s firearm. Tougher assault weapons ban: The legislation outlines a stricter definition of assault weapons, and implements an immediate ban of defined assault weapons. Under the stricter definitions, semi-automatic pistols and rifles with detachable magazines and one military style feature will be considered assault weapons. Semiautomatic shotguns with one military
style feature will also be considered assault weapons. Assault weapons possessed before the effective date must be registered within a year and recertified every five years. Owners of grandfathered assault weapons may only sell out of state or through an in state federal firearms licensee. Under the legislation, the Bushmaster used in the Newtown, Connecticut shooting will be illegal. Stronger regulations on ammunition: Under the legislation, New York will have the strongest ban on high capacity magazines in the country, with a limit on capacity of seven rounds, down from the current limit of ten. The legislation includes a ban on possession of pre-1994 high capacity magazines, and will require owners to sell the banned magazines out of state within one year. Existing
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THE WESTCHESTER GUARDIAN
THURSDAY, JANUARY 24, 2013
LEGISLATION
Governor Cuomo Signs Legislation that Will Give New York State the Toughest Protections Against Gun Violence in the Nation Continued from page 15 ten round magazines can be grandfathered in, but may only be loaded with 7 rounds. To track high-volume ammunition purchasers, the legislation will make New York the first state in the nation to track ammo purchases in real time. All dealers in ammunition must be registered with the State Police, and each sale will require both a state background check and transmission of a record of the sale to State Police, so as to enable alerts of high volume purchases. Ammunition records will be purged within a year of submission. Dealers must report any loss of inventory. The legislation will also include a ban on direct internet sales of ammunition. Ammunition ordered over the internet must be delivered in a face-to-face transaction with a firearms dealer and the purchaser will be subject to the state background check. The Aurora shooter reportedly amassed 6000 rounds through direct online purchases. Statewide recertification of handguns and assault weapons: The legislation will require individuals who have a handgun license or have
registered an assault weapon in New York State to recertify every five years through their county of residence. With this more accurate information, the state will establish an electronic gun permit database that may be run against other databases containing the names of people who will be disqualified from possessing firearms, including those with criminal convictions, involuntary commitments, and those subject to orders of protection, as well as death records. Universal Background Checks – closing the private sales loophole: The legislation will require all gun transfers between private parties, except immediate family, to be conducted through a federal firearms licensee, subject to a subject to a federal National Instant Criminal Background Check. Webster Provision: Under the legislation, murder of a first responder who is engaged in his or her duties will become a Class A-1 felony, with a mandatory penalty of life in prison without parole. This provision was created to honor the memory of Lt. Mike Chiapperini and Tomasz Kaczowka who were victims of a fatal shooting in Webster, New York, on December 24, 2012.
Extending and Strengthening Kendra’s Law: Kendra’s law will be extended for two years – through 2017 – and the period of mandatory outpatient treatment will be extended from 6 months to one year. In addition a review will be required before a mentally ill inmate is released. Protecting Families: When a judge issues an order of protection and finds a substantial risk that the individual subjected to the order will use a gun against the person protected by the order, the judge is required to the surrender of the weapon. Safe Storage: To better ensure that guns are kept inaccessible to those who are barred from possessing them, the legislation requires safe storage of firearms in households where individuals live who have been convicted of a crime, involuntarily committed, or are subject to an order of protection. Existing state law already requires that all guns sold at retail in the state be sold with a gun lock. Keeps Guns Out of Schools: Under the legislation, the penalty for possession of a firearm on school grounds or a school bus will be increased from a misdemeanor to a Class E Felony. The state’s SAVE
Act (Safe Schools Against Violence in Education) requires school districts to develop school safety plans including evacuation, dismissal, community response, and alerting family, law enforcement and other schools in the area in the event of a violent incident or other emergency. The legislation will allow school districts to submit their school safety plans to a newly created New York State School Safety Improvement Team, consisting of representatives from state agencies with relevant expertise (e.g. DHSES, State Police, DCJS), which will review plans and assist localities in developing plans. Some designated safety system improvements will be eligible for enhanced re-imbursement under the state’s School Building Aid formula. New York City, Buffalo, Rochester, Yonkers and Syracuse will be exempted. Tougher penalties for illegal gun use: The legislation establishes tougher penalties for those who use illegal guns as well as measures to help combat gang violence. Tougher penalties under the legislation include: • Possession of an unloaded gun will be raised from a misdemeanor to a Class E felony.
• Recklessly injuring a child by a firearm will become a Class D felony • The purchase of a gun for someone the buyer knows to be disqualified because of a conviction of a crime, an involuntary commitment or other disqualifier, will be raised to a Class D felony from a misdemeanor. This also raised to a class D felony the sale or transfer of a firearm to an individual known to be prohibited from possessing a gun. • Tougher penalties to permit more effective gang prosecutions, allowing a prosecutor to ask for 25 to life (previously was just 15 years) for an entire group when a gang is involved in murder. • Using or carrying a firearm during drug trafficking or a violent felony will include a 5 year mandatory minimum sentence if the gun is loaded and a 3½ year mandatory minimum if unloaded. (The Court could impose a lower sentence in drug trafficking cases depending on mitigating factors). • Sharing a gun with an individual who is not authorized to possess a gun and commits a crime will constitute criminal facilitation. SOURCE: Office of Governor Andrew Cuomo
PATRONAGE
C.E. Astorino Hires Cronies While County Languishes By NANCY KING County Executive Rob Astorino appointed three new members of his administration this week despite claiming during budget negotiations that there was a hiring freeze and that there was just no money in the budget for essential services like child care and community health care. The latest appointees, in no particular order are, Dr. Iris Pagan who will now be the Director of Youth Services, Francesca Bossey who is slated to be the Deputy Budget Director and Lynn Colavita who will be joining the county attorney’s office. Between the three of them, their annual salaries will cost taxpayers in Westchester County roughly $320,000.00 a year. Not surprising is that all three appointees have ties to the previous Astorino campaign or are leaders in the Westchester Republican Committee. Plain
and simple, they’re a part of the friends and family network. Nobody really faults an elected official with putting a team of his own “people” in place; it’s done all the time; but at a time when layoffs and service cuts are the norm, it’s an act that is not only in poor taste, but it leaves a really bad taste in your mouth. And, all three appointees come with considerable political baggage. Dr. Iris Pagan ran in the last election cycle for the District 5 seat against incumbent Democrat Bill Ryan. Her campaign focused on holding the tax levy flat and bolstering the educational needs of county students.That’s an oxymoron if there ever was one; most of our inflated taxes are a direct result of overspending by our 38 school districts. How much more did one expect to pay in order to get better test results? When it came to actual solutions on how she would lower taxes as a County Board Legislator, Dr. Pagan was at a loss for
words and solutions. She lost miserably during that election cycle and went on to re-post stories all over the Internet about the importance of education. So after putting in her “time” and waiting it out, she was rewarded for her embarrassing loss… she now has a top administrative position. Even though Dr. Pagan’s story of achieving a Ph.D after starting out as a lowly GED recipient, is compelling, one has to wonder if she’s really in touch with the educational, social and financial needs of our youth. Lynn Colavita, the former wife of Eastchester Supervisor Anthony S. Colavita, is also a new hire. She joined the County Attorney’s office as an assistant county attorney. She will be making $103,000.00 (before benefits). Ms. Colavita might be a great attorney but she’s even more important to this administration during Astorino’s reelection bid. Eastchester is staunchly Republican and has long supported the County Executive (CE) and his ad-
ministration will see to it that it remains this way. A favor is a favor, especially if it means carrying the Town of Eastchester this election cycle. Francesca Bossey’s promotion to Deputy Budget Director however is the one appointment that is making heads shake. Ms. Bossey has no governmental experience with municipal budgets! She does however have a husband who is a Yonkers City firefighter and the Astorino camp needs all the help they can get to carry Yonkers. Getting a plum endorsement from a union that large would certainly help the CE with his re-election. Without Yonkers, it’s all over for those on the 9th floor and they know it. But that isn’t what makes this appointment so troubling; it’s the fact that her resume had been padded to make it seem as if she had the experience necessary to do the job. Even more troubling was that the communications office for the CE released information that they knew was inaccurate and nev-
er apologized for their misstep. Instead, we’re told that County Executive Astorino can choose whomever he wants for a position. That sort of reply is best defined by one word… arrogance. Mary Jane Shimsky, Democratic Legislator from Greenburgh feels the same way. “Im concerned if they are going out to justify her appointment by putting out info that’s not accurate, and she has no government experience, that’s a problem”. I guess Ms. Shimsky didn’t get the message that prior to being appointed to her new role as Deputy Budget Director, Ms. Bossey had been languishing across the street at the Board of Elections where all patronage positions receive their tutelage. Who needs to follow job descriptions to the letter of the Westchester County Charter when you can go to the “School of Deceit” and merely just wait your turn to be called to the family dinner table. Nancy King is a freelance investigative reporter; a resident of White Plains, New York.
THE WESTCHESTER GUARDIAN
THURSDAY, JANUARY 24, 2013
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SER VICES
Controversy Over Increased Fee for Subsidized County Childcare Program By BARY ALYSSA JOHNSON Westchester County Executive Robert Astorino has announced that effective February 1st, the parental contributions – or “family share” – for the County’s subsidized child care program will increase from 20 percent to 27 percent above the federal poverty level. Currently the federal poverty level sits at $19,000 for a family of three. The increase is what Astorino has called a “compromise” between himself and the Board of Legislators (BOL) that was written into the 2013 County budget. Astorino had originally sought to increase the family share from 20 to 35 percent, however a group of seven Republicans and two Democrats from the BOL worked with the County Executive to come to an agreement on a 27
percent share when this year’s budget was approved in December. According to Astorino, this increase is the necessary result of a multi-million dollar deficit that the County-piloted program ran in 2012. “Last year, the Democratic majority did not put enough money in the budget to cover costs and the program had a $3 million deficit by the end of the year,” Astorino said. However, according to a spokesperson for the BOL the Board budgeted “exactly” what the Astorino Administration had asked for last year. In addition, some members of the BOL disagree with the decision to increase the fee, maintaining that Astorino’s numbers on the program’s finances are incorrect These members deny the alleged $3 million deficit and point to budget information from the Department of Social Services (DSS), which is in
charge of the child care program. According to this information the program actually ran at a $1,276,930.35 surplus in 2012. “The entire reason for raising the family share for this program, according to the Administration, was to keep it solvent, but last year the funding ran a surplus – event at a twenty percent family share,” said Legislator Alfreda Williams (D-Greenburgh). “With this in mind, I can’t be confident about the financial rationale for increasing these costs for working families this year.” To translate the family share increase into hard numbers, for a family of three with an income of $25,389 (which is 133 percent of the federal poverty level, the median for the program), the weekly contribution will go from $24.33 to $32.71. This equates to an annual increase of approximately $436.
The fee is based on the portion of income that exceeds the federal poverty level and is not per child – families taking part in the program pay the same fee regardless of the number of children. “The 27 percent parent share means a typical family will pay about a dollar more a day. In return the program is on a firm financial footing for 2013,” Astorino said. “The end result is a compromise that is fair and realistic.” Members of the BOL have pointed out that what Astorino has deemed fair and realistic may not be seen that way by all, particularly the parents who will be forced to struggle to pay the increased share. “To trivialize or minimize the impact of these cost increases to poor working parents signals ignorance of the financial stress under which they live,” Williams said. “A few hundred
dollars more out of their pockets represents a good percentage of their weekly take home income, and that will cause many parents to search for less safe alternatives.” In addition, the DSS has published information showing that increases in the family share for the child care program force some families out of the program. When asked by members of the BOL to comment on this issue, DSS Commissioner Kevin McGuire, who is behind Astorino in his decision to increase the family share, declined comment. However, Astorino’s Administration will proceed with the controversial increase to the County’s child care program despite objections. According to the County Executive, the process of notifying parents of the 7 percent increase will be completed this week.
If Amedore had won the seat, the Republican conference (with Felder) would have had 32 members – enough to pass legislation without Democrats or IDC members. IDC spokesman Eric Soufer, indicated to the press that he’s not yet prepared to issue an official statement on the 46th SD outcome. He said that Tkaczyk’s win will not impact the IDC-GOP coalition – even though the Democrats would now be able to control the chamber outright if the 5 IDC members returned to the fold. Pressure on Senator Jeff Klein Mounts. “Now what,” says a top ranking political insider in the Senate? “Now that the people have elected a clear Democratic majority, isn’t it time for Senator Klein to drop the GOP-flirt and develop the same power-sharing approach with Senate Democrats? Isn’t that what it’s all about?” Sources in the Republican party say that it’s now likely for Klein to have conversations that would reunite the party, while keeping with the goals of the IDC. “The win will put more pressure on the IDC, especially from special interest groups and unions who may have supported Klein and his team in the past,” said the key Republican
operative. “Yesterday, our agreement with the IDC was for power-sharing. Today, that agreement can legitimately be perceived as a power-grab. He’ll try to resist change, but ultimately, the major pressure is coming.” So can one consider the current IDC-GOP arrangement a coup? Though there were still 32 Democrats and 30 Republicans in the Senate on June 8, 2009, Senator’s Pedro Espada (D-Bronx) and Hiram Monserrate (D-Queens) were part of what was described by the Associated Press as a “parliamentary coup” and voted with the 30 Republican members to install Senator Dean Skelos (R-Nassau) as the new majority leader of the Senate, replacing Senator Malcolm Smith (D-Queens). Like Senator Jeff Klein’s previous comments pertaining to the IDC creation and recent power-sharing agreement with the GOP, Espada emphasized that “I remain a staunch, reform Democrat. I have not switched parties.” and that his actions were intended to help end the “gridlock, paralysis, secretiveness, threats and partisan politics” that the Senate had experienced in the previous months and that he was not part of “a power grab or a coup” but was working to build a coalition to serve the needs of
all New Yorkers with open and transparent government. On December 14, 2010, Espada and his son, Pedro G. Espada, were both indicted on six federal counts of embezzlement and theft. The indictment was by U.S. Attorney Loretta E. Lynch, and also announced by New York State Attorney General and Governor-elect Andrew Cuomo. Both Espada’s, father and son, surrendered to federal agents on Wednesday, Dec. 15. On May 14, 2012 a federal jury found Espada guilty of embezzling money from federally funded healthcare clinics, after 11 days of deliberation. So is it coup-like? That’s not for me to decide. Democrats recently elected Yonker’s Senator Andrea StewartCousins as leader of its conference. Stewart-Cousins is the first Yonkers legislator to hold such position, a first for being a woman too. It’s time for Senator Klein and Senator Stewart-Cousins to talk.
THE ALBANY CORRESPONDENT
Coo, Coup, or KooKoo? By CARLOS GONZALEZ ALBANY, NY – A race in the 46th Senate District race has produced a new winner and it is not a Republican. Democrat Cecilia Tkaczyk surged to a 19-vote lead over Republican Assemblyman George Amedore and is the unoffical winner in the race. Amedore’s Campaign Released the Following Statement “I want to thank the constituents that I’ve had the honor to serve, as well as those who supported me in this campaign. I am proud of the honest and clean campaign that I and my team, ran in this extended race. I was supported by the hard-working upstate families who are faced with tremendous challenges in these trying times. The time for politics has ended and the time to govern is at hand. As a small businessman born and raised in upstate New York, I understand the everyday issues. I believe our representatives need to act on behalf of those who call upstate their home. As I’ve done throughout my life, I will continue to advocate for the people’s
needs and hope for a brighter future.” Tkaczyk Released this Statement Declaring Victory “It is an incredible privilege to have been selected by the people of the 46th District to serve as their State Senator. No one believed our campaign had a chance in a district hand-carved by Republicans, and yet the power of good ideas and a strong campaign proved itself. Thanks to all those who volunteered both on the campaign itself as well as the successful post-election ballot counting process,” Tkaczyk said, “I am honored to stand with Democratic Conference Leader Andrea Stewart-Cousins, and my fellow Democratic Senators, in pursuing the common sense, progressive agenda that New Yorkers demand. I look forward to hitting the ground running to serve my new constituents because there is no time to waste addressing the many challenges facing our state.” Tkaczyk’s victory shows that the Senate has more Democrats than Republicans in the chamber, making the power-sharing agreement between the IDC and Republicans vital.
Carlos Gonzalez pens The Albany Correspondent column. Direct comments and inquiry to carlgonz1@ gmail.com.
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THE WESTCHESTER GUARDIAN
THURSDAY, JANUARY 24, 2013
PORTFOLIO
NYS Senator George Latimer Named Ranking Minority Member of Senate Education Committee ALBANY, NY -- New York State Senator George Latimer has been named the Ranking Minority Member on the State Senate’s Education Committee, his office announced today. Latimer will now be the leading advocate for the Democrats on educational issues in the New York State Senate. Senator John Flanagan of Long Island is currently the Chairman of the Education Committee. “All of the school districts in Westchester accurately represent a cross section of the rest of New York in my opinion. Every school district has unique needs and deserves an
advocate that will keep the best interests of our children in mind and I am confident that my background, experience and knowledge of the needs of Westchester students has appropriately prepared me for this assignment. I am very grateful to our Conference Leader Andrea StewartCousins for giving me this appointment and I look forward to working with Senator Flanagan, school districts and other education advocates as we fight for the true next generation of our State,” stated Senator George Latimer Latimer also received assign-
ments to other committees including Environmental Conservation and Local Government. During Latimer’s time in the Assembly he served on both committees and has extensive background and familiarity with the subject matter involved with these committees and intends to help shape those public policy areas. Latimer was also assigned to the Consumer Protection, Mental Health and Racing, Gaming and Wagering committees, the latter of which will be critical as the State is in the process of legalizing full-fledged casino gambling.
Latimer stated, “Serving at different levels of government has given me unique opportunities to advocate for my constituents on a wide range of issues and individual concerns. Moving from the Assembly to the Senate, gives me an opportunity to continue working on some issues and also gives me a chance to grow as a public official expand my own base of knowledge to be the best supporter for my constituents that I could possibly be.”
INTERNATIONAL
Abbas Needs to be Replaced By EFRAIM INBAR First published in The Jerusalem Post. JERUSALEM, ISRAEL – January 16, 2013 -- A-littlenoticed Reuters item published January 10 reported that Mahmoud Abbas, the leader of the Palestinian Authority, has rejected a conditional Israeli offer to let Palestinian refugees in war-torn Syria resettle in the West Bank and Gaza, because it would compromise their “right of return” to homes in Israel lost during the 1948 War. According to this report, Israel agreed to allow refugees’ descendants to resettle in Gaza and the West Bank on the condition they sign a statement waiving the right of return to Israel. Abbas rejected this condition and reportedly said: “It’s better they die in Syria than give up their right of return.” This is nothing new; in the past, Palestinians have rejected attempts to alleviate the conditions of their refugees by resettling. They kept the refugees, and millions of their descendants, as a political card. Moreover, the refugees constitute an important element in their selfpropagated image of victimhood and martyrdom. Instead of helping his people in distress, Abbas, in the best Palestin-
ian tradition, prefers to cling to the right of return – a demand that no Israeli government is ever going to accept. Moreover, most of the international community rejects this Palestinian demand, understanding that there is broad consensus in Israel against a mass influx of Palestinians that could destroy its Jewish character. The Palestinians just missed another opportunity to demonstrate that they can behave in a constructive fashion and be of help to its people. Instead of pragmatic politics we see once again Palestinian adherence to radical goals that continues Palestinian suffering and that produces obstacles to peace. Another recent display of such typical Palestinian preference was provided by Abbas, the “moderate,” when he addressed his countrymen on January 4. He avoided mentioning the land-for-peace formula, or the establishment of a Palestinian state beside Israel that could bring an end to the conflict and the suffering of his people. He did not prepare his people for the need to make concessions for the sake of peace. Instead, Abbas stressed the perennial need to adhere to the path of struggle in order to realize “the dream of return” of the Palestinian refugees and their descendants. The only explanation for this
Palestinian Authority Abbas gives speech marking Yasser Arafat’s death. Photo by and courtesy of The Jerusalem Post / Mohamad Torokman / Reuters. behavior is that the Palestinian national movement is very serious about the right of return, despite the attempts by pundits to propose that goodwill and Israeli territorial concessions can bring about a Palestinian flexibility on this issue. Dismissing Palestinian behavior and rhetoric, or belittling its importance in regard to the refugees amounts to putting your head in the sand. Unfortunately, the DNA of the Palestinian national movement contains the unrealistic demand for the right of return. Genetic engineering might be possible to induce some pragmatism, but it may take generations. People do not give up easily upon their dreams. This is why Abbas met Khaled Mashaal, the Hamas leader, in Cairo on January 10. Despite their fundamental ideological differences, they
share the same dream – the destruction of the Jewish state. They may find a way to cooperate in an attempt to attain this objective, even if this could doom prospects for Palestinian statehood. This explains why Abbas insists on not acknowledging that Israel is a Jewish state and on denying any links of the Jews to their ancestral homeland. Abbas also takes measures to encourage armed struggle against Israel, even if they undermine the state-building efforts of the PA. He condoned at the end of December 2012 several parades of armed members of the Aqsa Martyrs’ Brigades, the militia of Fatah, in honor of the anniversary of the founding of the Fatah movement. Tolerant attitudes toward Palestinian terrorists run counter to the main litmus test of a state – the mo-
nopoly over the use of force. Turning a blind eye to the reemergence of armed groups in Palestinian society erodes the main achievement of the PA in recent years – the restoration of law and order following the formal dismantlement of militias. The Palestinian armed groups may be tempted to engage in violent clashes with Israel that will turn out to be disastrous for the Palestinian self-determination and peaceful existence. While promoting non-violence, Abbas is inciting to violence, in the apparent hope that a third intifada will bring better results than the second. Abbas promised negotiations and moderation after the upgrading of the PLO to observer state status by the UN General Assembly in November 2012. Instead, we get inflammatory rhetoric and irresponsible, self-defeating policies. The Palestinians, like much of the Arab world, continue to be in urgent need of better political leadership to extricate them from pathological self-destructive behavior. Efraim Inbar is a professor of political studies at Bar-Ilan University, the director of the Begin-Sadat (BESA) Center for Strategic Studies and a fellow of the Middle East Forum. Reference: http:// ww.meforum.org/3432/replaceabbas
THE WESTCHESTER GUARDIAN
OP EDSection Civil War’s A-Brewin’ By MATT BARBER A pretty, young, auburn-haired woman – mid-20s – drove down a lonely country road somewhere in Oklahoma. Appearing in her rearview mirror, at the back windshield, were two menacing orbs of light floating amid ashen dusk. The guttural roar of a souped-up big block shook the tiny Volkswagen Rabbit as a van-load of inbred thugs lurched left and drew alongside her. A ponytailed passenger taunted inaudibly and blew foul kisses between crude hand gestures. He pointed for her to pull over as the van repeatedly swerved dangerously close. Inside the car a man, asleep in the reclining passenger seat, was startled awake by the commotion. He rose and darted his head about, calmly assessing the situation. This only spurred the evil-bent goons. As they ramped-up efforts to run the car off the road, the man reached in the glove box, withdrew a militarygrade, semi-automatic handgun – an “assault weapon,” if you will – and, with intentionality and great theatre, leaned across his young bride, pointing the gun out the open bay and directly between dirt bag’s boozeflushed eyes. Van vanished amid a plume of gray smoke as wheels locked, tires screeched and “assault vehicle” fishtailed – jerking to a halt with taillights aglow skyward from the ditch. Not a shot was fired. Back at the couple’s rural farmhouse, two boys – boys who would not be orphaned that night – played. We most likely played – my brother Pete and I – with assault rifles fashioned from sticks. I always love to
hear Dad retell the story. He does it with an ornery, satisfied grin. “No one’s taking my guns,” he’ll say. This might be a good time for me to add that no one’s taking my guns either. Period. And if Dianne Feinstein orders me from her lofty perch on the left-coast to retroactively register them with some federal autocracy, I think I might just forget I even have them. Tens of millions of law-abiding, God-fearing Americans just like me and Dad, I suspect, feel the same way. I love guns. Grew up with ‘em. As a former police officer with 12 years in the U.S. military, I know how to use them, too – use them well. I plan to buy more – a bunch more. In fact, who’s to say I don’t already have a veritable arsenal? Point is, tain’t Big Brother Barack’s nor any other candy-keistered-liberal-cream-puff ’s bloody business whether I do or not. See, the left’s totalitarian brand of “gun control” has nothing to do with controlling guns – or bad guys. Rather, it has everything to do with controlling – disarming – the law-abiding masses. It’s not about protecting the innocents. It’s about rendering the innocents defenseless. Clichés become clichés for a reason, and the old cliché, “If guns are outlawed, only outlaws will have guns,” rings as true today as it did whenever it was that some homespun fellow coined it. I was disgusted – physically sickened, in fact – when Barack Obama, president of these Divided States of America, shamelessly exploited the Sandy Hook memorial service to lay the groundwork for his unconstitutional gun-confiscation scheme. It was slimy to the extreme.
THURSDAY, JANUARY 24, 2013
I guess I shouldn’t have been surprised. That’s what liberals do. Every time some evil nutjob – pumped full of psychotropic drugs by NEA members who don’t want to deal with them – shoots-up the place, the left’s collective mouth begins to water. “Now, finally, now!” they say, rubbing together soft hands that have never felt the surprising weight of a Sig Sauer 45. “This time we have the political momentum for sweeping gun control. This time the American people will roll over and let us trample the Second Amendment beneath jackbooted executive order or congressional fiat.” “Let no good crisis go to waste,” right, Rahm? Well, not so fast, cupcake. As the U.S. Constitution guarantees – and as the Supreme Court has repeatedly affirmed – “the right of the people to keep and bear arms shall not be infringed.” It ain’t, “should not be infringed,” or “shall finally be infringed once ‘progressives’ have assumed total dominance.” No, “shall not” means shall not. There’s only one way to take my guns, slick, and that’s through a constitutional amendment – an amendment that will never happen – ever. Try it any other way and we have a problem. And this whole “assault weapons ban” angle? Sensationalist propaganda. I prefer to call them “defense weapons.” Contrary to left-wing revisionist pabulum, the Second Amendment’s not about squirrel hunting. Notice a trend here? What do Sandy Hook Elementary, Aurora Colorado’s Century 16 theatre and Columbine have in common? They’re all “gun free zones.” Places you don’t see mass murder and mayhem? Well, there’s a reason bad guys largely avoid shooting-up
Push Comes to Shove on Big Guns in America By BOB K. BOGEN As this is written, our state has just leaped over generations of irrationality on gun control against gun makers and sellers. The President has just announced an even more comprehensive set of Congressional proposals as well as 23 administrative actions.
There is still more to be done. But this is surely a historic moment. As the President said, it is on our actions, as a nation, as states, and as individuals that we will be judged. At last, finally after hundreds, even thousands of deaths, some substantial controls are to be urgently established. And if not now, when. How many more innocent adults and children will be
slaughtered before we can act. Many of us have had legitimate personal experience with guns, often with parents, siblings, or in military service. As a result many are generally comfortable with handling guns and their appropriate use, either in hunting, varmint removal, firing range experience, and possibly in competi-
Continued on page 20
gun shows, ranges, households with signs that say: “This home insured by Smith & Wesson” and Texas in general. It’s because they know – even while thick-skulled liberals don’t – that, as recently noted by the NRA’s Wayne LaPierre, “The only thing that stops a bad guy with a gun is a good guy with a gun.” Oh, that rather than “gun free zone,” Sandy Hook had a sign reading: “Staff heavily armed and trained. Any attempts to harm those herein will be met with deadly force.” Might some of those beautiful babies have still died if the P.E. coach and four MP5-bearing teachers had ended the bloodshed soon after it began? Perhaps. But how many precious lives could have been saved? No, you won’t disarm me. You’re not going to neuter my household and tear away my ability to defend
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my wife and precious babies like Dad did all those years ago. I really, really hope this president and his authoritarian cohorts in Congress will slow down, take a deep breath and realize that, right now, they’re playing a very dangerous game of chicken. If they try what I think they might, but hope they don’t, I fear this nation – already on the precipice of widespread civil unrest and economic disaster – might finally spiral into to utter chaos, into a second civil war. But then again, that may be exactly what they have in mind.
Matt Barber (@jmattbarber on Twitter) is an attorney concentrating in constitutional law. He serves as Vice President of Liberty Counsel Action. (This information is provided for identification purposes only.)
The Friends of the Hastings Library present:
Douglas Rushkoff
“Talking in Code: HTML to LOL” Sunday, January 27, 2:30 p.m.
James Harmon Community Center 44 Main Street, Hastings-on-Hudson Douglas Rushkoff is a Hastings resident who wears several hats: media theorist, blogger, author, lecturer, graphic novelist, and documentarian. Many of his books, including the upcoming Present Shock: When Everything Happens Now, explore the intersection of media, technology, and culture.
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THE WESTCHESTER GUARDIAN
THURSDAY, JANUARY 24, 2013
OP-ED
Push Comes to Shove on Big Guns in America Continued from page 19
tion as well as in military training and warfare. As an example, readers will know I additionally served as an officer to train and supervise military personnel in the use of semi-automatic weapons abroad The more rabid of gun enthusiasts live in fear that their hunting and other legitimate gun ownership is threatened. Most of us cannot imagine our government moving to such official action, to confiscate all types of firearms from law-abiding citizens, and certainly not by international action in such matters from our essential but largely toothless United Nations. Some enthusiasts even insist and threaten that they expect to use their military style weapons in civil war, a violent revolution over our American government when they now expect it to become totalitarian. In their irrational fear and panic they suggest the President should be impeached for putting people, and our children, ahead of guns! But in regard to the televised threats of gun enthusiasts to start a civil war, I rather expect nearly all, at least in our own nation, strongly believe that our long experience with representative government has demonstrated that our system can and will persist and improve without another civil war. In fact our nation’s history has provided a model for peoples around the world for centuries, despite many details that require our continuing political action to perfect our system. Current hot debate on
ED KOCH
gun control even serves to demonstrate the strength and vitality in our system of representative government. It has always been recognized that a primary, essential innovation in our founding was the provision for continuing amendment in our basic as well as annual legislation. This enables our society to deal with changes and benefits of widespread public education, growth in social change including race relations and related matters, as well as positive and negative results of amazing technological developments [including in communications as well as other information systems and, clearly, in weapons technology.] Absolutely none of our nation/s founding fathers could possibly have imagined in their wildest dreams the development from the muzzle loading flintlock muskets they knew to the current technology of military rapid-firing rifles with magazines of 30 to 90 bullets. If they had, they would have cursed themselves on the prospect of the current corruption in misreading the Constitution’s second amendment providing ‘for a well ordered militia‘ as a law that no controls on rights to firearms shall ever be limited or regulated. Even among the most ‘conservative’ Supreme Court members there is explicit agreement on the need for government regulation of firearms. . If these gun enthusiasts had their unrestricted so-called Second Amendment purchases rights, would they next want free access to bazoo-
kas, stinger missiles and other military weapons?. Sensible leaders have pointed out that no civilians have any need for military style assault rifles. Certainly not for hunting or even training and fun at a target range. Certainly not small caliber, highvelocity, armor-piercing bullets as used in assault type weapons. Those who wish such military style weapons might want to move to Mali or Syria where revolutions seem unavoidable. I recall my lawyer father got interested in guns only when he saw Hitler’s Second World War coming. It became a hobby. He eventually owned 15 guns. It has even been suggested that such hobbyists might rather shift to stamp collecting, [and thus help the Postal Service with their purchases for collections and even help it to prosper before it is privatized, as some commercial organizations seek now.] Others may offer such enthusiasts the sort of firearms known to those who wrote the second amendment to our Constitution, a musket in exchange for their modern military style rapid-fire assault type weapons. Even in the face of any prohibition on purchase of some firearms and more Background Checks, we have to deal with the fact that we already have an estimated 300,000,000 firearms, including 3,000,000 military style rifles in private hands. That problem will probably have to wait for more tragedies to solve, and as citizens attitudes develop. Official Buy-Backs of weapons have seemed useful in some cities, and substantial penalties for possession of illegal fire-
arms may also be necessary. The amazing actual signing of the new New York state gun control law in such rapid action will no doubt require some specific refinement and changes as its application moves ahead. One detail that varies with proposed national laws is the new legal size of cartridge magazines/ clips. The limit set is seven cartridges, a far cry from the 30 or 90 in the common military style assault rifles. That number is probably confusing to some, in part as it contrasts with the ten-cartridge clip maximum in the President’s proposal, based on the amazing consultation by Vice President Biden’s Task Force with hundreds of organizations on all sides of the issue. The first military style rifle I carried deer hunting in the California High Sierras as a teen-ager was the Krag Carbine, adopted just after the Spanish-American war. I recall it accepted five 30-caliber cartridges, not in a clip, but loose in a built-in magazine box on the right side of the firing chamber. The number seven limit in the just-signed New York law probably derived from the Colt forty-five caliber semi-automatic handgun. As readers may recall, it was also adopted just after the Spanish-American War at the end of the 19th Century as a replacement for the formerly early universal 38 Caliber Smith and Wesson revolver, used also by police until recently. As some will recall the 38 revolver accepted six cartridges in its revolving magazine, but did not have the impact to reliably stop seriously motivated Philippine fighters in that
war The Colt 45 accepted a sevencartridge clip in its pistol grip handle, as in other current semi-automatic handguns. Some even say civilians never need more than three cartridges in a firearm either for hunting or other civilian use. In any event, the current historic moment of action, will require, as the President indicated, a vigorous and continuing widespread active movement by citizens around the country, if not to shove New York Democratic legislators who will likely need less pushing. Still readers here will have to pay attention and encourage the national movement for strong, effective legislative action in the weeks and months ahead if we are not going to, once again, loose the current great concern and action momentum against the merchants of death and misguided enthusiasts, surprisingly driven into fear by the gun industry and its huge financial resources for lobbying and campaign contributions.
son to commit violent crimes after they are denied a firearm purchase.” Hosanna in the highest. I agree that it would make great common sense were all of these people who have perjured themselves - lying under oath - to be prosecuted. Indeed there are more convictions in these fraudulent gun applications -- 44 have been prosecuted -- than in frauds committed by bankers and Wall Street brokers in the Great Recession, where no CEO of a Wall Street firm or banking corporation has been prosecuted for fraud. The Great Recession cost the American public an estimated $6 trillion in losses. Indeed, some bankers and Wall Street brokers have admitted
to criminality, but the federal government in all of these cases has not charged a single CEO or director with criminality. Instead, the federal government announced on a number of occasions with pride civil settlements involving millions and on occasion more than a billion dollars which the CEOs and directors accepted with alacrity and undoubtedly consider as the cost of doing business. Who pays the fines? Ultimately, the stockholders. Just as prosecuting those who lied on their gun permit applications might deter them from future criminal activity, so might the brokers of Wall Street and the bankers be deterred, were some of them to spend
some time in prison. There is still time. The statute of limitations hasn’t yet run out on all cases. I believe now is the time to close the gun show loophole where buyers do not have to be checked for mental illness or felonies. Remember, 40 percent of all guns sold are sold at gun shows. Surely the most ardent N.R.A. member doesn’t want a gun to be in the hands of a mentally disabled person or a felon.
Bob K. Bogen served as comprehensive long-range facilities planning director for the New York Metropolitan Regional Planning Commission; as planning director for the New England Regional Commission; as a major United Nations official in Pakistan; Board Chairman of the Communications Coordinating Committee for the United Nations; and Principal Representative of Architects/ Designers/ Planners for Social Responsibility to the United Nations.
COMMENTARY
Enforcing The Law By ED KOCH The National Rifle Association which announced it had enrolled 100,000 new members in one week after the national tragedy that took place in Newtown, Connecticut, is apparently so strong in Congress that, according to The New York Times of January 11, “The White House has calculated that a ban on military-style assault weapons will be exceedingly difficult to pass through congress and is focusing on other measures it
deems more politically achievable.” We learned what the new approach would be three days later. The Times reported, “Nearly 80,000 Americans were denied guns in 2010, according to Justice Department data, because they lied or provided inaccurate information about their criminal histories on background check forms. Yet only 44 of those people were charged with a crime.” The Times article goes on, reporting on a Justice Department study which “show[s] that people who do so [lie on their application] are more likely than the average per-
The Honorable Edward Irving Koch served as a member of Congress from New York State from 1969 through 1977, and New York City as its 105thMayor from 1978 to 1989.
THE WESTCHESTER GUARDIAN
ED KOCH
THURSDAY, JANUARY 24, 2013
Page 21
COMMENTARY
Letter to Prime Minister David Cameron By ED KOCH Following is my letter of December 20, 2012 to Prime Minister Cameron on actions taken by him vis-à-vis Israel and his response of January 15, 2013. ***** December 20, 2012 Dear Mr. Prime Minister: You may recall we met at the White House when President Obama held a state dinner in your honor. Your comment at the time, “I studied you in school,” elevated my spirits. I am enclosing a commentary that I wrote following the statement of Khaled Meshal, leader and head of the Hamas government in Gaza, and an earlier vote by the UN Assembly granting statehood to Palestine made up of the West Bank and Gaza. Israel and the Palestinian Authority have not agreed to final borders and the Gaza government has said - the speech of Khaled Meshal is set forth in my commentary - that it will never recognize the legitimacy of the state of Israel and will continue to pursue violence against that state including the kidnapping of its soldiers. The official head of the Palestinian Authority, Mahmoud Abbas, has refused for the last two years to come to the peace table to negotiate without preconditions. You ask Israel to cease building settlements on the West Bank, which are intended not only to house Israelis, but to provide a defense bulwark when the Islamist armies of the surrounding states, Egypt, Jordan, Lebanon, Syria - Assad or his opponents - and Iraq, again try militarily to crush Israel. Will Britain come to Israel’s aid? I recall when in one of those wars, Britain declined to deliver to Israel tanks it had purchased from your country. Britain under Chamberlain participated in the Munich sellout of Czechoslovakia. What you and your European colleagues are doing now is repeating the sellout, this time of Israel. The Czech Republic, mindful of what happened to it, is the only European country to vote no to Palestinian statehood. When one of your predecessors told the world
that he offered “peace in our time,” he wrote himself into history as a disgrace. How will history on this issue recall you? Why would you expect Israel to cooperate in its intended lynching? All the best. Sincerely, Edward I. Koch * * * * *
Ed Koch Commentary December 17, 2012
Collaborators Then, Collaborators Now The war against the Jews - and against the State of Israel - continues unabated. For the past year, Israel has been subjected to rocket bombardments directed at its cities including Jerusalem and Tel-Aviv. A million Israeli civilians in Southern Israel had their lives disrupted as 8,000 rockets rained down on them since 2005. The Israeli government decided to respond militarily against Hamas which governs Gaza and has its own prime minister, Ismail Haniyeh. The Israeli army, the Israeli Defense Force (IDF), is made up of reserves that can be called up within 48 hours. Approximately 75,000 Israeli soldiers were sent to the Israeli frontier with Gaza. They didn’t cross the border, relying instead on the Israeli Air Force to wreak havoc. The IDF was successful in killing a significant number of Hamas terrorists including its major battle commander, Ahmed Jabari, responsible for the rocketing barrages, as well as numerous other acts of terrorism. Terrorists in Gaza often surrounded themselves with civilians in an attempt to prevent Israel from responding militarily. Injuries and deaths of Palestinian civilians - children, women and men - are inevitable based on the terrorist actions of using civilians as shields - a war crime. The Israeli Air Force also eliminated a huge armory of rockets that Hamas had received over the years from Iran and Sudan. The leaders of the western world - France, England, Germany and others - sought to deter the IDF from entering Gaza with troops. The New York Times of November 19 re-
ported an interesting statement from the British Foreign Minister, William Hague. The New York Times stated: “William Hague, the British foreign minister, said in a television appearance on Sunday that he and Prime Minister David Cameron ‘stressed to our Israeli counterparts that a ground invasion of Gaza would lose Israel a lot of the international support and sympathy that they have in this situation.’” The Israeli government has few friends at the United Nations, primarily the U.S. and Canada. Instead of entering Gaza with its soldiers so as to more effectively destroy the Hamas army and kill more of its leaders it decided, I believe erroneously, not to enter Gaza. What was the result? When the armistice was achieved through the efforts of President Mohamed Morsi of Egypt, himself an Islamist and supporter of Hamas, and those of Secretary of State Hillary Clinton, Hamas declared a victory. What was their stated victory? Keeping the IDF out of Gaza and having the elected leaders of Egypt, Turkey, Qatar and others tour Gaza, praising Hamas and its unwillingness to recognize the State of Israel. What did the Israelis gain by satisfying Hague and Cameron? An enemy strengthened by the Israeli effort to keep casualties down. After the armistice was achieved, the citizens of Gaza were visited by Khaled Meshal, their leader who normally resides in Syria or Lebanon. As reported in The New York Times of December 8: “The long-exiled leader of the militant group Hamas, Khaled Meshal, entered Gaza for the first time on Friday, a symbolically powerful visit that sought to reinforce Hamas’s contention that it was victorious in its eight-day clash with Israel. On December 9 The New York Timesreported: “Speaking before tens of thousands of supporters to celebrate the 25th anniversary of the founding of Hamas, Mr. Meshal said the Jewish state would be wiped away through ‘resistance,’ or military action. ‘The state will come from resistance, not negotiation,’ he said. ‘Liberation first, then statehood.’ Where were the condemnations of Francois Hollande, the President
of France, David Cameron, the Prime Minister of Great Britain, and Angela Merkel the Chancellor of Germany? They didn’t think it necessary and their silence was deafening. Yet at the UN Assembly, reported in the Times on December 12: “Israel’s blunt-talking foreign minister, Avigdor Lieberman, gave vent on Wednesday to the government’s anger over recent diplomatic gains by the Palestinians paired with international rebukes for Israel, comparing Israel’s situation to that of Czechoslovakia in 1938 before the Nazi invasion. “Israel was dismayed last month when all the countries of Europe, other than the Czech Republic, supported the Palestinians or abstained when the General Assembly voted overwhelmingly to upgrade the status of the Palestinians at the United Nations. “Speaking in English at a conference for foreign diplomats in Israel sponsored by the newspaper The Jerusalem Post, Mr. Lieberman said, ‘When push comes to shove, many key leaders would be willing to sacrifice Israel without batting an eyelid in order to appease Islamic radicals and ensure quiet for themselves.’ He added, ‘We are not willing to become a second Czechoslovakia and sacrifice vital security interests.’” What occurred at the UN was another intended Munich and this time the intended victim was Israel. Make no mistake about it. The goal is the ultimate destruction of the Jewish state. The Czech Republic understood this, and it was the only European country not to vote to create a state of Palestine. The state voted on by the UN is without agreed-upon borders and also has two prime ministers - one in Gaza and one on the West Bank. It is an entity where the terrorists of Hamas in Gaza have greater prestige and support of the Palestinians than the President of the Palestinian Authority, Mahmoud Abbas. Is it any wonder that the Foreign Minister of Israel, Avigdor Lieberman, denounced the European nations? An Israeli newspaper Ha’aretz reported that Foreign Minister Avigdor Lieberman “compared the EU’s policy toward Israel to the behavior of Europe toward the Jews during the period of the Holocaust.” Remember, it was not just Hitler and the Nazis who ordered the Jews rounded up and taken to concentra-
tion camps. Many of the countries on the European mainland and their people assisted the Nazis in sending the Jews to the death camps. They collaborated then and they are collaborating now. The settlements of Jews on the West Bank that the European countries and the U.S. denounce are there to protect Jerusalem and the State of Israel when the Palestinians and their allies attack Israel. Israel does not expect the troops of any other country to come to its defense when the Arab armies attack as they have on prior occasions. It will depend for its security and survival on the Jewish citizens and soldiers in those settlements to give it time to marshal its reserves. They also believe in God. The Palestinian Authority led by Mahmoud Abbas has refused to sit at a peace conference without preconditions for the last two years. President Abbas may desire peace, but he knows that if he were to negotiate a peace treaty with Israel, the Muslim Jihadists worldwide as well as his neighbors on the West Bank and Gaza, supporters of Hamas, would kill him. The European leaders know that but continue to blame Israel for a lack of peace when they know better. Shame on them. *****
Letter From Prime Minister David Cameron 10 DOWNING STREET LONDON SW1A 2AA. THE PRIME 15 January 2013
MINISTER
Dear Mr. Koch: Thank you for getting in touch and for sending me a copy of your recent article, about the Israeli-Palestinian conflict. Let me reassure you that the UK, is and will remain a firm friend of Israel. I share your deep concern about the recent inflammatory statements made by Hamas leaders, including Khaled Mesha’al on 7 December, denying Israel’s right to exist. The UK also utterly and unreservedly condemns the recent call for a third intifada and a suicide campaign by a Hamas official. Incitements to violence and terror are unacceptable. We therefore welcome President Abbas’ public rejection of these statements and acceptance of the State of Israel within 1967 borders.
Continued on page 22
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THE WESTCHESTER GUARDIAN
ED KOCH
THURSDAY, JANUARY 24, 2013
COMMENTARY
Letter to Prime Minister David Cameron Continued from page 21 We firmly believe that the people of Israel have a right to live peacefully and free from terror. But we also believe that the only sustainable way to achieve this is through a negotiated two-state solution. As friends of Israel, it is important we do whatever we can to reach that ultimate objective: two states, liv-
OP-ED
ing side by side, in peace. We ask Israel to stop building settlements because they are illegal under international law, an obstacle to peace and make a two-state solution, with Jerusalem as a shared capital, harder to achieve. They are, ultimately, not in Israel’s long-term interests. Simply building a fortress without a negotiated agreement with the Palestinians cannot deliver lasting
security for Israel. I do not share your analysis regarding the recent Palestinian UN General Assembly resolution.The UK’s position on this resolution was determined by the guiding principle of ensuring a rapid return to negotiations. Given this, we had asked Palestinian President Abbas not to move a resolution at the UN General Assembly in November. In the period prior to the vote, we engaged intensively to seek a commitment from
the Palestinian leadership to return immediately to negotiations without preconditions and that they would not pursue immediate action in UN agencies and the International Criminal Court. In the absence of these assurances, the UK abstained on the vote. We must now look forward. This year is an important one for peace in the Middle East. The UK will work urgently with the United States, our other international partners and with
the Israelis and Palestinians to drive the peace progress forward before the window for a two-state solution closes forever. Sincerely, David Cameron The Honorable Edward Irving Koch served as a member of Congress from New York State from 1969 through 1977, and New York City as its 105thMayor from 1978 to 1989.
New Yorkers Against Gun Violence Applauds Passage of New Law Making New York’s Gun Laws the Toughest in the Nation By JACKIE HILLY It was a proud day for all New Yorkers. With wide bipartisan agreement, New York has passed the New York SAFE Act of 2013 - one of the most comprehensive bills in the nation aimed at reducing needless gun injuries and death. Provisions of this bill will be a model for states across the country as well as the federal government. The NY SAFE Act of 2013 will ensure the safety of New York families and communities for many years. It contains important changes to keep guns out of the wrong hands. “We at New Yorkers Against Gun Violence
are proud to have worked with Governor Cuomo on this historic legislation and to have joined with Leadership and Members from the Senate and Assembly as the Governor signed it into law. We congratulate the Governor and legislators for their courage and leadership in making New York State gun laws the strongest in the nation,” said Jackie Hilly, Executive Director. “This comprehensive package will help save innocent lives like those of the children in Sandy Hook, the first responders in Webster Lake, and New Yorkers who each day are killed and injured by guns. As a New Yorker, a mother and someone who lost her brother to gun violence, I thank the Governor and the leaders of the Sen-
ate and Assembly for passing this legislation so quickly,” said Leah Gunn Barrett, a board member of New Yorkers Against Gun Violence. Major provisions of the NY SAFE Act of 2013 will: Require universal background checks: Every sale of a gun in New York will now require a background check of the purchaser. Strengthen the assault weapons ban: New York’s current state assault weapons ban will be strengthened by making it a one-feature test. Assault weapons possessed before the effective date of the new law must be registered and owners must submit to a background check. Ban high capacity ammunition magazines: New York is now the first
state in the nation to completely ban any high capacity ammunition magazine that can hold over 7 rounds. Make pistol permits renewable: The new law require 5-year re-certification of pistol permits for those counties in New York that currently issue lifetime permits. Regulate ammunition sales: Provide a comprehensive system to regulate ammunition sales including banning direct online ammunition sales, tracking ammunition amounts to alert law enforcement to large purchases, and mandating background checks for all ammunition purchases. Increase penalties for gun crimes: Increase penalties when guns are used in crime. Keep guns out of the hands of
prohibited gun purchasers: The new law will strengthen the state’s ability to keep guns out of the hands of those with dangerous mental illness. Since 1993, New Yorkers Against Gun Violence has been advocating for common sense policies, including banning assault weapons and high capacity magazines and improving the background check system, to reduce the incidence of gun violence in New York’s communities. More information about common sense state and federal policies to combat gun violence is available at www.nyagv.org. Jackie Hilly is executive director of New Yorkers Against Gun Violence.
OP-ED
The Absence of Law Enforcement Unions and Organizations on our State Gun Legislation By DAMON K. JONES On January 15, 2013, the New York State government passed historic gun control legislation. The signing makes New York the first state to enact tighter restrictions on guns after the December 14, 2012, massacre in Newtown, Conn. The gun-control legislation makes changes and additions to the existing state law, ranging from requiring universal background checks for all gun and ammunition sales, boosting the state’s power to confiscate firearms from the mentally ill and increasing penalties for gun-related crime. The new laws provide for an immediate ban on semi-automatic rifles,
shotguns and pistols with a “militarystyle feature,” such as a flash suppressor or a bayonet mount. Guns that had been legal but are being banned would be grandfathered in, but their owners must register with the state. The legislation also limits ammunition magazines to a maximum capacity of seven bullets, down from the current ten. The legislation includes a “Webster provision,” a life-without-parole sentence for anyone found to have killed a first responder. The provision is a reference to the Christmas Eve shooting in a Rochester, N.Y., suburb where two firefighters were shot and killed. An additional provision permits gun licensees to opt out of having their personal information available to the
public under the state’s Freedom of Information law. It’s reported that this provision was inserted after the high profile controversy when The Journal News published the names and addresses of handgun permit holders in Westchester and Rockland Counties. On January 14, 2013, as a representative of a national law enforcement organization, I attended the sessions in Albany along with representatives from the National Latino Officers Association and the Grand Council of Guardians as the guest of Senator Malcolm Smith. We met with Senator Andrea Stewart-Cousins, the Senate Majority Counsel, Senator Jeff Klein, Governor Cuomo’s aide Larry Schwartz and we attended a press conference to show our support of the legislation.
What was notably absent were the masses of police unions and organizations in support of legislation that would keep illegal weapons off the street. You would think that legislation that includes “life without parole sentence for anyone found to have killed a first responder”, many law enforcement unions and/or organizations would be in attendance. This wasn’t the case. In the U.S., between 1990 and September 18, 2012, there were 1,302 police officers killed of which 1,132 (87%) were killed by a firearm (75% were handguns). Police officers carry guns, yet 40% of all gun homicides of Police Officers are due to ambushes or being surprised by suspects with firearms. “N.Y.S. passing a bill that puts
a ban on assault weopons, is a step in the right direction in saving lives and reducing the risk of a law enforcement officers encounters against an assault rifle.” said, Darrin Green, Firearm Instructor, President of the Long Island Chapter, Blacks In Law Enforcement of America In a probe of illegal online firearm sales conducted by the City of New York, undercover investigation found that 62% of private gun sellers they interacted with were willing to sell guns to a buyer who said he could not pass the background check. In New York alone there are 700,000 military style assault weapons in homes that authorities know about. This means an unknown amount in the streets, cities Continued on page 23
THE WESTCHESTER GUARDIAN
THURSDAY, JANUARY 24, 2013
OP-ED
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LETTER TO THE EDITOR
The Absence of Law Enforcement Unions and Organizations on our State Gun Legislation Continued from page 22
and suburbs where our police officers serve. No law enforcement officer can forget the February 28, 1997, LAPD police confrontation with two heavily armed and armored back robbers. Eleven police officers and seven civilians were injured, and numerous vehicles and other property were damaged or destroyed by the nearly 2,000 rounds of ammunition was fired by the two bank robbers. “Doing his or her daily job as a Law Enforcement Officer, and being equipped with a hand gun, is no match for the criminal who decides to break the law and is armed with an assault rifle,” said, Darrin Green, Firearm Instructor, President of the Long Island Chapter, Blacks In Law Enforcement of America. “These confrontations lead to the officer being out gunned and posses a potential life threatening situation.” Its amazing that Pat Lynch, presi-
dent of The Patrolmen’s Benevolent Association of the City of New York is the only police union boss that has publicly called for a ban of assault weapons. “There is no legitimate reason for an assault weapon with their high capacity magazines to ever be in the hands of a private citizen,” said President Pat Lynch. “We’ve said it before, when police officers were shot or where armor piercing bullets were used. Illegal guns in urban cities like Westchester are now more American than Apple Pie. Not only there have been public silence from many Law Enforcement Unions and Organizations of the recent gun legislation. They have also been AWOL on the issue of illegal guns and the constant reports of shootings. In Westchester, cities like Mt. Vernon or Yonkers youth gang shootouts are a common occurrence within the city. Mt. Vernon has seen approximately 42 homicides
from 2008 to 2012 and approximately 37 of which was by and illegal weapon. “Since 2007 Mount Vernon residents have been sitting in a wallow of despair. As I ride through, I wear my shades because I see the valley of strange fruit that our city bares,” said Cynthia Turnquest- Jones, president of The Brown Mothers Group. “I am not unmindful of the trials and tribulations of our mothers on a quest for an arrest and the plethora of numb minds plus deaf ears.” On January 15, 2013, the Affiliated Police Association of Westchester held a press conference in front of the Westchester County Court House denouncing The Journal News for it’s printing of registered gun owners names and addresses. If this organization was in Albany the day before, they would of known that the prevision gun licensees to opt out of having their personal information available to the public under the state’s Freedom of Information law was included in the
new gun legislation. “These organizations sound more like the NRA instead of focusing on the laws that was passed to keep illigal guns off the street,” said Cynthia Turnquest-Jones. The sensitive nature of the rally is understood but as law enforcement professional who actually lives in the community that I serve. Many Westchester unions, and police organizations have yet to rally about proactive ways of taking illegal guns off the street, safety and security of our jails and the ineffective policing policies that have cities like Mt. Vernon and Yonkers literally combat zone. Being absent from the real life issues that affects everyone continues the divide of law enforcement and the communities that they claim to serve, especially, the poor white and brown communities.
ing that 16 hour tour would long be remembered, the most unforgettable sight was the intermittent tears that filled my partner’s eyes as he struggled with his emotions but did his job with a profound courage and dignity. He berated those we caught looting and condemned them for besmirching the memory of Dr. King. Several times during the night, when we collared someone who had just crashed through a store window and was running away with stolen property, my partner would grab them by the throat and push them up against a wall. “This is how you honor the memory of Dr. King?” he shouted menacingly in the person’s face. “You think this is what Dr. King would have wanted?” He hissed, struggling to keep from pummeling those who used the death of an icon as an excuse for criminal activity. It should go without saying that the overwhelming majority of black Americans had nothing to do with those riots, but Leroy instinctively knew that a segment of the white population would label the entire race responsible for the behavior of a few violent opportunists. The experience was difficult for me, but it was devastating for my partner. From his perspective as a black man raising a family in the America of 1968, not only had he suffered the
loss of the most powerful spiritual and political civil rights leader of the century, but he had to endure the indignity of seeing members of his race turn to the streets in an orgy of destruction that could only be detrimental to the memory of his idol. I don’t pretend to understand the emotional roller coaster he and millions of other blacks had to deal with as they faced an uncertain future without their beloved leader. King represented more than the civil rights movement in America. He was the conscience of a nation that needed to be continuously reminded of its sins against those who were being judged, “by the color of their skin, rather than by the content of their character.” Prior to that horrendous night, I hadn’t understood the impact the Nobel Peace Prize winner had on the hearts, souls and minds of millions of African-Americans. If it weren’t for the tremendous display of courage and character I witnessed from my partner, I suppose I would not have been able to see the other dimension to that tragedy. Thanks to him, my education was significantly broadened in the
Damon K. Jones is the New York Representative of Blacks In Law Enforcement of America.
WEIR ONLY HUMAN
An Unforgettable Night By BOB WEIR On Dr. Martin Luther King Jr.’s birthday, I’m reminded of a dreadful event that occurred when I was a rookie cop. April 4, 1968 is a day I’ll never forget. I was working the 4 to midnight shift with my partner, Leroy Spivey, in the Bedford/Stuyvesant section of Brooklyn, New York. We were on radio motor patrol during an unusually warm spring evening in the predominantly African-American neighborhood. It would get a lot warmer before the night was over. We had been working together for about a year as the first black and white (referred to as “salt-and-pepper”) team in our precinct, and one of the first in the city. The tour of duty in the high crime area had been pretty much a routine affair during the first half of our shift: burglaries, robberies, vehicle accidents, family disputes, etc. Then, about 8 o’clock, a tragedy occurred that would change the course of history. It began for us when someone yelled over the police radio, “Martin Luther King was just shot in Memphis.” Leroy, an African-Amer-
ican who had often spoken proudly of the man who for many years had led the civil rights movement toward equality in America, sat in stunned silence. As I steered the car along the dark street, I looked toward my partner and said, “Aw, don’t believe that. It’s some jerk with a depraved sense of humor.” But a few minutes later, a voice said, “King is DOA. A sniper got him.” Leroy covered his face with his hands and shook his head slowly as if trying to block out the truth of the message. It was only moments later that the shocking news swept the country and the riots began. Calls for police response flooded the airwaves, as a segment of the population took to the streets, burning and looting in a mad frenzy of outrage and frustration. We spent the next 12 hours racing from one riot to another, chasing down looters, handcuffing them and taking them to a central booking location so other officers could process them, allowing us to return to the street. I don’t remember how many arrests we made during that long, tumultuous night, but we worked continuously until 8 the next morning. Although the violence, bitterness, and hatred I witnessed dur-
The Right to Bear Arms As a post script to the publication of the home addresses of gun owners, the late Federal Judge Richard A. Daronco, was killed and it was alleged that the murderer found his home address fro the list as an owner of a license gun. Publication is a great risk especially for judges who serve us with dedication, devotion and discipline and little public acclaim. As to the NRA argument that the 2nd Amendment of the Constitution gives the “right to Bear Arms”, we must remember that this amendment was passed in the 18th Century at a time when 95% of American lands was occupied by Indian, and necessary in the continuous wars. Remember Washington, Jackson, Lincoln all fought the Indians with muskets. There were no invention of assault weapons. That is the forgotten history of The Right to Bear Arms; conditions which no longer exist. John N. Romano, Esq. Yonkers, NY
space of 16 hours, and I became more proud than ever to call myself Leroy’s partner.
Bob Weir is a veteran of 20 years with the New York Police Dept. (NYPD), ten of which were performed in plainclothes undercover assignments. Bob began a writing career about 12 years ago and had his first book published in 1999. Bob went on to write and publish a total of seven novels, “Murder in Black and White,” “City to Die For,” “Powers that Be,” “Ruthie’s Kids,” “Deadly to Love,” “Short Stories of Life and Death,” and “Out of Sight.” He also became a syndicated columnist under the title “Weir Only Human.”
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THURSDAY, JANUARY 24, 2013
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