Showing posts with label Criminal Justice System. Show all posts
Showing posts with label Criminal Justice System. Show all posts

Monday, February 17, 2014

PRISON CHANGE OF HEART JUST FOR SHOW: CONVICTED COP KILLERS DEFIANT DESPITE RECENT ADMISSION



THE CASE AGAINST PAROLE FOR BELL AND BOTTOM
THESE ARE THE FACES THAT SHOULD BE FOREMOST
IN THE MINDS OF THE NY BOARD OF PAROLE


TAGS: 1971 MURDER OF TWO NYPD OFFICERS, PO JOSEPH PIAGENTINI,

PO WAVERLY JONES, NYPD, NEW YORK STATE BOARD OF PAROLE,

PAROLE ELIGIBILITY AFTER KILLING A POLICE OFFICER, FLAWS IN CRIMINAL JUSTICE SYSTEM,

BLACK LIBERATION ARMY, BLACK PANTHERS, CIVIL RIGHTS MOVEMENT,

MLK, MALCOLM X, DEEP SOUTH, JIM CROW, DIXIE HIGHWAY



(Monday February 17, 2014 32nd Precinct, 135th Street, NYC)  The housing projects, apartment buildings and busy sidewalks of this crowded predominately African American neighborhood are a long distance from the upstate penitentiary where two of the three men convicted of the 1971 assassinations of two NYPD Officers are incarcerated.  These two places are as separate in time as they are distance; over four decades have passed and much about our City and country have changed.  Not time nor distance has altered the fact that the two remaining convicts sentenced to terms of 25 years to life deserve to be imprisoned until the time of their natural deaths which hopefully will be many years in the future. During the past 40 years Herman Bell and Anthony Bottom have acquired college degrees and enjoyed relative lives of ease behind bars where they are still referred to, by themselves and others as, “political prisoners”, a rather ignorantly narcissistic distinction for two cold blooded “Cop Killers”.  And let there be no mistake about the facts of the matter: they casually dialed 911 to report a problem at one of the projects near here, laid in wait for the Police to respond and snuck up behind PO Piagentini and PO Jones shooting Jones four times in the back of the head killing him on the spot. These thugs  continued firing into Officer Piagentini a total of 19 times even as he plead for his life. All the prison cell conversions, model prisonership and degrees earned behind bars will never redefine these two men and they should never be permitted to draw a breath of fresh air beyond the walls and fences of the penitentiary. 

Police Officers Piagentini and Jones never had the opportunity to acquire college degrees, they worked hard serving their City and tragically had their lives taken in as barbaric and evil an urban ambush as our City has ever seen. These young men were never granted the chance to raise families, enjoy life and live it to the fullest as they saw fit.  They signed on for a dangerous job at a particularly dangerous time and paid the ultimate price; they made the ultimate sacrifice and for what?  Were they struck down defending others?  Had they lost their lives while saving the life of another?  No.  They were summarily executed by three ‘men’ so infused with racial hatred, virulent violence and deep seeded evil and  no amount of time in prison can alter these facts.

GAMING THE SYSTEM

Bell and Bottoms became eligible for parole in 1994.  Every time they have appeared before the Board of Parole they never uttered a syllable of regret or remorse; actually, they refused and continued to refuse until 2012 that they were in any way even associated with the two heartless murders. It was only in their Parole Hearings in 2012 that they admitted to each having “had a role” in the slayings of Piagentini and Jones. Why did the same two “proud” political prisoners remain silent for so many years? No one knows for sure but once can fairly surmise the aging convicts must believe such admissions will reflect positively on them as they face the Board of Parole soon. For 40 years they would admit to nothing regarding that long ago night in Harlem. Why would they.  After all, they were greeted as “Heroes” by fellow convicts and enjoyed that certain status that only applies in prisons where a “Cop Killer” is treated with special respect and that was certainly the case when they began their sentences in the early 1970’s.Perhaps they were so comfortable in prison that they saw no interest in abandoning their cult status as original members of the Black Liberation Army (BLA).  The murderous uprising at the New York State Prison at Attica was still fresh in everyone’s mind and as BLA “soldiers” Bell and Bottom were highly regarded among their peers.

The prison culture as it was when Bell and Bottom were in the earliest years of incarceration was one that respected them for having done what they had.  In prison in those days to be a convicted “Cop Killer” was to have a certain celebrity status in that twisted code that pervades every cell block in every prison to this day.  Bell and Bottom were heroes to the other scum they shared space and time with.  They had no reason to forfeit that status even after they were eligible for parole; they both assumed their request for parole would be rejected automatically so they kept their silent defiance until 2012.

What became different in 2012 that these men would finally admit to perpetrating the crimes for which they were sentenced?  There are likely several reasons not the least of which is age.  These men are now in their 60’s, have been locked up for over 40 years and apparently thought their admission of guilt would be the key to freedom.  But no amount of time can be served that comes anywhere near commensurate with the premeditated murder of a Law Enforcement Officer (LEO) or, truth be told, the murder of anyone.  Bell and Bottom committed what were then still Capital Crimes punishable by the sentence of death but subsequent to their convictions their sentences were reduced to the 25 to life term.  If New York State had kept capital murder on the books these men would have been executed years ago.  It was a change in the law not in the prisoners that spared their lives.

As stated on the New York State website section dedicated to the history of the death penalty here reads: “In 1967, a compromise law was passed allowing for a very limited death penalty. In 1972, the U.S. Supreme Court invalidated all death penalty statutes in the country in Furman v. Georgia. The New York legislature rewrote the state's statute in 1973, providing for a mandatory death sentence for murdering a police officer, a correctional officer, or a murder in prison by an inmate serving a life sentence. In 1977, New York's high court effectively struck down the death penalty for the murder of a police officer or a correctional officer, and a 1984 ruling struck down capital punishment for murders committed by inmates serving life sentences, effectively abolishing New York's death penalty. From 1978 until 1994, measures repeatedly passed both houses of New York's state legislature that would have expanded or reinstated the death penalty, only to be vetoed by governors Hugh Carey and Mario Cuomo.”

THE NORTH BURNED TOO

After the Confederate States surrendered to the Union at the Courthouse in Appomattox,  African Americans who had lived for generations on plantations working as slaves mounted a massive exodus to the states due North.  What is a segment of Interstate 55 today was known in the earliest years of the 1900’s as the “Dixie Highway”.  Those who made the trek were seeking good paying jobs in the industrial urban hubs of the Central Midwest and all across what today is known as the Rust Belt.  While many found factory or foundry jobs these new arrivals to the “Big Cities” were not welcomed with open arms.  They were forced to live if segregated neighborhoods, earned less than their White counterparts did and suffered from an often less obvious but perhaps more insidious form of racism.  Soon there were sprawling urban ghettos in cities from New York to Detroit.

While the Deep South and some Northern cities were rocked by the institutional resistance to the Civil Rights Movement, integration became encoded within the body of laws we are governed by. However, down South  Jim Crow Laws died a slow, protracted death in some of the most virulently racists pockets of Dixie but it was the peaceful, passive nonresistance techniques and the leadership of The Reverend Martin Luther King and his closest advisors that eventually persuaded more and more Americans that segregation, racial bias and bigotry could no longer be tolerated. It was also during this time that the Nation of Islam was beginning to attract followers including Malcolm X who originally had no respect for Dr. King or his particular tactics.  For some younger members of the “Movement” Dr. King and his fellow clerics and legal cohorts were not moving fast enough.  These young men believed their struggle with “The Man” and “Whitey” called not for passivism and reasoned debate, legislative actions and patience but rather for a full blown “war” of liberation.  The Black Panthers was the largest of these groups sprouting chapters in cities large and small, coast to coast from the late 1960’s in to the early and mid-1970’s.  They were the instigators of riots in many Northern cities will large African American populations whose ancestors had fled the South after they gained their freedom from slavery.  Many of these cities had prominent predominately or all “Black” neighborhoods where poverty, unemployment and subpar schools were endemic.  These neighborhoods proved to be tinderboxes of anger and frustration and when the riots began in Newark, Jersey City and Camden, Chicago and Indianapolis, Philadelphia and Baltimore, Watts and South Central in Los Angeles and Oakland California, they raged on not for days but quite literally on and off for months. The Black Panthers were indeed producing a battlefield landscape within the confines of their own neighborhoods in these cities as well as others.  But their war was still not sufficient to placate the most radically militant in their ranks.

Even within the more actively aggressive and vocal organization, The Black Panthers there was a sect that decided to make their “war” on “White Society” a reality.  Thus, the Black Liberation Army (BLA) was established breaking ties with the Black Panthers and they soon began making headlines.  They robbed banks in New York, Chicago and Los Angeles as well as other locations using the stolen money to finance their war.  Theirs’s would indeed be a war requiring safe houses, caches of firearms, ammunition, homemade bombs – whatever they thought it took to wage battle.  An oft spoken goal of the BLA was to kill Police Officers where ever and whenever they could.  They saw the Police as the most clearly identifiable front of White Society, the very machinery of which had “kept the Black man down”.  The BLA in all their belligerent rhetoric soon  declared “open season” on the Police who they also referred to as “Pigs”.

The three men who lured Officers Piagentini and Jones to that Harlem housing project (one has already died in prison) did so in order to ambush them; it was as simple and as sadistic as that.  Their actions in no way shape or form ever constituted anything like an act of political protest – it was murder.

WHY PAROLE SHOULD NOT EVEN BE AN OPTION

Bell and Bottom like so many other brutal killers before them have their supporters on the “outside”.  All too often we have seen a vile criminal adopted as a cause celeb by rich and famous activists of one kind or another.  In 1979 a young waiter in a Greenwich Village eatery was stabbed to death by Jack Henry Abbot who was granted release from prison after corresponding with the famous author Norman Mailer for years.  Mailer managed to make Abbot’s case to the Board of Parole, enlisted some of his well-placed, influential friends and, Jack Henry Abbot walked out of prison. The young waiter, Richard Aden, himself an aspiring writer and gifted musician, had his life taken while trying to break up a fight between Abbot the career criminal and another patron. 

There has been a good deal spoken and written about how Bell and Bottom have been model prisoners as we have mentioned previously.  One article noted that a recent interview conducted by someone from the NY Department of Corrections determined that these men are very unlikely to return to murder or law breaking.  That may be so.  However, the point of incarceration is punishment for prior acts; these men were rightfully tried and convicted, duly sentenced as a way to “pay” for their crime.  Redemption and rehabilitation are not issues valid to these impending Parole hearings.  Actually among all criminal types the recidivism rates are astounding; our prisons are literally running revolving door camps. If Bell and Bottom say they will never again take another human life one must ask why they can say so with such certainty.  Is it because their “war” is over?  That they are no longer “political prisoners” and, as such should be released? 

The Board of Parole must ask these questions and carefully consider the answers.  In a truly just society every state would have the penalty of death imposed on a person tried and convicted of the murder of a Law Enforcement Officer.  The Law Enforcement Community (LEC) sometimes referred to as the Thin Blue Line is a vital strand of fabrics woven into our society.  Each time a LEO is cut down in the Line of Duty the strands of that fabric fray somewhat.  The fabric as a whole begins to loose its tautness, its integrity.

The life of an LEO is not worth more than the life of any other fellow man, woman or child.  The point is that a person willing and capable of killing a Cop not only takes that singular life but also weakens the concept of the rule of law and the men and women of the LEC who enforce our laws..  Cops do not keep the peace; the concept of the Cops keeps the peace and it is that very concept, a societal compact if you will, that there are laws governing our behavior in this society and to murder a representative of the law is to advance the decline of that conceptual certitude of the law.

Let’s hope and pray that the Board of Parole does the right thing regarding Bell and Bottom.













Copyright The Brooding Cynyx 2014 © All Rights Reserved


Tuesday, January 7, 2014

THANK YOU JUDGE TOMEI




BROOKLYN SUPREME COURT JUSTICE
SAYS THE RIGHT WORDS
JUSTICE ALBERT TOMEI MADE HIS FEELINGS KNOWN
TODAY WHILE SENTENCING THE THUG WHO SHOT
NYPD COP IN THE HEAD

TAGS: BROOKLYN JUSTICE ALBERT TOMEI, NYPD SGT. KEVIN BRENNAN,
ORTIZ SENTENCING, “COPS, COURTS & CORRECTIONS”
AMERICAN JURISPRUDENCE, CRIMINAL CODE, MAGNA CARTA,
TRIPARTITE SYSTEM OF THE THREE C’s



(Tuesday January 7, 2014 Brooklyn Criminal Court, NYC)  As the young NYPD Officer, Sgt. Kevin Brennan sat with his wife just a few rows behind the evil thug found guilty of shooting him in the head on January 31, 2012, Justice Albert Tomei rendered his sentence to Luis Ortiz earlier today.  In a forthright, blunt manner Justice Tomei told the convicted murderer "You will, in light of this sentence, spend the rest of your life in a soulless, loveless, compassionless environment”, giving Ortiz, previously convicted of murder, a “life without parole” sentence.

The story here is not about a life long, hard core murderous criminal being sentenced to life without parole for shooting Sgt. Brennan but rather how important it was that Justice Tomei added his personal remarks prior to reading the actual sentence.  For far too long New Yorkers have watched from the sidelines as liberal judges have given light sentences to men convicted of atrocious acts of brutality and cold-heartedness.  We have had to observe over the years one instance after another when a Judge would set a very low bail virtually assuring the offender would be bonded out and would than simply vanish.  We have seen the miscarriages of justice and have repeatedly been puzzled, left scratching and shaking our heads while wondering “what the hell is wrong with our criminal justice system”?    The fact of the matter is that there is plenty very “wrong” with our criminal justice system and it was at least for a brief moment refreshing to hear justice Tomei’s words; words that many of us would have spoken – perhaps in more colorfully profane language – if we were in a position to do so.    Tomei’s words expressed the frustration that we have all felt at one time or another over the inadequacies of the Courts to do the bidding of law abiding citizens; a Court system that all too often appears to afford more rights to the defendant instead of the victim.

 THE THREE “CS”: COPS, COURTS & CORRECTIONS

When we discuss the criminal justice system we need to know precisely what it is we are evaluating.  In our Democratic Republic the “System” is comprised of three distinct entities.  The first is the Police, the men and women in Police and Sheriff’s departments as well as all other law enforcement Agencies (LEA).  The Police respond to citizens calls, are dispatched to crimes in progress and scenes of crimes; conduct investigations and make arrests.  At this point the Courts take over.  The Courts are the Prosecutors, the District Attorneys and Magistrates who preside over the legal process.  It is often at this level that the system seems to go awry.  In accordance with our Constitution and well established practice of jurisprudence, all proceedings at this level are well codified and defined.  Public Defenders are provided for defendants unable to afford private legal representation.  At this level the often sloppy, clumsy process, a process largely driven by expediency and budgets, appears to the uninitiated to break down.  Pleas are proffered to defendants that typically result in a plea bargain.  If a defendant is found guilty or accepts the plea offer, a sentence is imposed by the Court.  Sentences range largely in accordance to the crime.  One could be sentenced to community service, probation or a short stay in a County jail or sent to a state or federal penitentiary.  In some of our United States the penalty of “death” is a viable option for a judge to impose and for a Prosecutor to request.  However, even in the ever shrinking number of States that have that carry out the death penalty, it typically takes anywhere from 10 to 20 years for the “appeals” process to wind its way through all the layers of lower to higher Courts.

The final phase in this process is what is euphemistically designated as “Corrections”.  Each State has a Department of Corrections (DOC) and many Counties, Parishes, and larger Cities have a Department of Corrections of their own. DOC’s are tasked with carrying out a sentence be it probation or long term incarceration.  This is another facet of the system that appears to be extremely flawed in many ways.  From County Jails to State Prisons there is an epidemic of overcrowding, under-staffing, budget cuts and woefully inadequate use of scarce resources.  In some ways our Correctional institutions have become nothing more than warehouses for the mentally ill; albeit, mentally ill individuals who have been found guilty of a crime.  The burdens placed on DOC’s across the country are often beyond a facility’s ability to address.  Because of the myriad stresses and strains on DOC’s there are many disturbing cases when violent inmates were paroled early only to commit another heinous act in short order.  The costs of incarceration are staggering at every level from County to State to Federal Penitentiaries.  But, this is the system we have.  This is the reality in America and to address the ailments of any of the “Three Cs” one must also consider their relationship to the other two.   Each is inextricably linked to the other and a holistic approach is the only way to make the system run more effectively, efficiently and safely.

BLINDING JUSTICE

Justice is said to be blind and that she may be.  At times it appears that she is deaf and dumb as well.  The scales she holds balanced in her hands in statues and paintings are rarely equally balanced in reality.  The scales seem subjected to the shifting weights of expediency and politics whims.  Justice, for all she represents in our Courts today does not view us all as equals under the law. 

The Courts are at the pinnacle of our tripartite legal system. The men and women, the Justices and Judges that preside over them have historically held above repute, as honest, impartial arbiters of the laws of our land.  Our entire criminal justice system is rooted in the Old English document the Magna Carta written in 1215 AD which came to codify criminal and civil law for most of the Western World.  The Magna Carta in a way provides a job description for Judges and all “High Officers” of the Court.  But increasingly over the last forty years we have been left to feel disappointed at best, outraged at worst by failures of our Courts to mete out what the majority considers to be commensurate with the crime.  We have seen verdicts that defy simple logic as well as our inherent sense of fairness.

There have been numerous cases in which “activist Judges”, those who feel the “Law” is open to their interpretation rather than the strict boundaries of our Constitution, criminal and civil codes.  There have been Judges who felt compelled to correct what they perceived as being some distant legacy of injustice.  Yes, this works both ways; some Courts have been very lenient and others very harsh.  If the scales of justice were truly balanced the instances of this type would not be as common as they continue to be.

That was why Justice Tomei’s words were so powerfully refreshing.  He spoke his mind and heart to an already convicted and sentenced murder and sent him off to an upstate penitentiary with a fairly accurate description of what that scumbag’s life will be like.  We have seen liberal Judges in New York City conduct business as if the victims are not worthy of having all the equal protections under the law afforded to them while some young ACLU attorney represents the offender just to gain enough courtroom experience to move on after a few short years in the Public Defender’s Office.

From the early 1970’s until his retirement, a Judge in the Bronx County Courthouse named Bruce Wright presided over many an arraignment, worked “night court” and served as a trial Judge.  Judge Wright became known as “Let ‘em Loose Bruce” for his infamous reputation to treat truly dangerous, hardened criminals very easily.  In the winter of 1972 there was a young NYPD Officer patrolling with his partner a sector in the 41st Precinct in the Bronx.  As they slowed cruised up and down the cold, dark, cracked and potholed asphalt streets, narrow corridors lined with tenements, burned out shells of buildings and vacant lots they rolled past a tavern.  As was their custom they stopped their patrol car outside until the bartender made eye contact with whoever was driving and gave either a thumbs up or thumbs down signal.  Obviously, if PO Dowd and his partner did not get a distinct thumb up they could assume that something was amiss and would enter the tavern to see what was what.

On that fateful night near 2 o’clock in the morning they made eye contact with the bartender and received no signal whatsoever.  They “smelled” trouble and proceeded to enter the tavern.  Immediately as Dowd entered the tiny barroom he was shot with a sawed off shotgun at point blank range in the abdomen.  This assailant fled, the call from Central Dispatch was transmitted across the Bronx and the actual perpetrator was apprehended within hours.

The alleged perpetrator was brought before Judge Bruce Wright who set bail so low that the suspect was able to post bond – make bail – and was released back onto the streets within hours of shooting a uniformed NYPD Officer during the commission of a robbery.  Well, that was the last time that particular suspect was ever seen again.  Let ‘em Loose Bruce had struck again it was the shooting of Denny Dowd that came to be the template to measure the efficacies of the NYC Courts.  (Denny Dowd did recovery after several surgical procedures a long convalescence and rehabilitation.  He never returned to NYPD because his injuries had rendered him medically unqualified).


Detective Sgt. Kevin Brennan (second from right) and his wife Janet (wiping tear)
 in Brooklyn Supreme Court on Tuesday for Luis Ortiz sentencing.
Aaron Showalter/New York Daily News


NYPD Officer Kevin Brennan was conducting “vertical patrol” in one of the apartment buildings that comprise the Bushwick Houses project in Brooklyn. AS walked down the stairs from the roof he interdicted several young men virtually all of whom quickly vanished when they saw the uniformed Officer approaching.  Luis Ortiz who had murdered a man just a month earlier crossed paths with Brennan and in that fateful moment Ortiz shot Brennan in the head.  Brennan began chasing Ortiz but his wound and blood loss were bringing closer to his own death.  Miraculously he survived and has since been promoted to Sergeant and is assigned to a position at One Police Plaza.

He lived to tell and testify in Court the circumstances of their encounter, how he was shot and that Ortiz said, “Fuck you, die” after he shot Brennan.

This story outraged a City but, as we have endured before, there was no expectation that the wheels of justice would move swiftly in this case.  Thanks to Justice Tomei who runs a “tight ship” in his Courtroom, has a stellar reputation for his no nonsense presiding style and wealth of judicial experience, in this case the system worked about as swiftly as it ever can.

We hope “Baby” Ortiz does, as Justice Tomei advised, “spend the rest of your life in a soulless, loveless, compassionless environment."  We need more Judges and Justices of Tomei’s integrity, professionalism in our Courtrooms all across our Five Boroughs.














Copyright The Brooding Cynyx 2014 © All Rights Reserved