Showing posts with label corruption New York City. Show all posts
Showing posts with label corruption New York City. Show all posts

Sunday, August 2, 2009

AFFIDAVATE in Support of my Charges

My brother, John, asked to see some of the documents I make reference to in my writing. With my TBI my communication is often elliptical - I skip over relevant information.

So here is a sample of the letter I have sent to the mayor, chancellor and other officials:

I am filing this complaint against two city employees, Kevin McCormack of the New York Department of Education and Dudley Thompson of the New York Corporation Counsel.

These men conspired to defraud me on or before June 4, 2003.

My former principal, Mr. McCormack took the witness stand and gave false testimony, presented fraudulent documents and admitted not knowing the first thing about being a principal.

The testimony was so absurd it is clear that it was never vetted by the Department of Education as required. He was a Supervising Principal and knew that all testimony had to be “cleared by headquarters” Back when he was a school principal he always told employees under him to go down to the General Counsel’s Office before even going for a deposition.

It is also clear that Mr. Thompson, never notified the Chancellor’s General Counsel, Michael Best. Mr. Best even stated that there was no testimony that day by anyone at the Department of Education; he knows Mr. Thompson and Mr. Thompson knows all testimony has to be okayed the DOE’s legal staff. In fact, Mr. Thompson always notifies him personally!

How could either Mr. Thompson or Mr. McCormack go ahead and skip over this vital step and think they could get away with it?

As I outline in my enclosed affidavit, they had to feel confident that they were free to keep this testimony secret, because they knew the other one was also keeping quiet. They relied on the other’s secrecy, and this constitutes a conspiracy.

I had also filed complaints about the judge in the case, who permitted this testimony among other missteps. A few months ago the Committee on Judicial Conduct looked into my allegations but found that my former attorneys did not want to criticize a sitting judge.

However, the Chief Investigator, Roger Schwarz, told me that what happened between the city’s attorney and that principal constituted a conspiracy. He told me to report it to the DA because the Statute of Limitations on Conspiracy to Commit Fraud is very long.

After repeated letters to the DA’s Office they finally referred me to your office.

Please know that besides the DA I have tried every route I could find to .bring this cover-up into the light of day.

Betsy Gotbaum cornered the Chancellor at a public event and told him about this principal’s bizarre testimony. Chancellor Klein personally promised me an investigation and he did his best to see that there was one. He sent off a stern letter to Michael Best, the General Counsel to the Chancellor, and asked why there had been no investigation of such outrageous behavior. He ordered him to start one.

Still nothing happened for several months. Finally a new attorney started working at the office, Ms.Courtney Jackson-Chasen. They dumped the case on her. She interviewed me at length on the telephone. I sent her piles of confidential medical records and psychological reports concerning my injury. She acquainted herself with the appropriate rules, regulations and the New York State Education Laws. Progress was being made at last!

However, once her superiors in the Chancellor’s General Counsel’s Office found out that Ms. Jackson-Chasen was starting to ask embarrassing questions Mr. Best quickly took the investigation away from her.

So, while I am asking your office to investigate these two individuals. You might also ask Mr. Best what made him shut down that investigation. You might also ask Richard Condon’s Office why no one was interested in investigating my allegations of corruption, but chose instead to forward them to people who do not investigate such matters.

The reason an investigation is important at this time is that if you can find the people who had these two men act in consort you will expose the systematic corruption in School District 75. It was set up as the “Chancellor’s District” to keep it free from the politics in community control. Instead people like Kevin McCormack get almost automatic promotions and are appointed to posts over better qualified candidates.

Kevin McCormack was totally inappropriate for the Manhattan Occupational Center. Several times I had to tell him not to ask teachers how retarded they thought a student was right in front of the students.

At the time I was assaulted I had already reported him for misappropriating funds meant for the students to refurbish his office. I was also pressing him about other missing money. I had complained about my assailant brutalizing his young students. I expect those complaints to go to right to the state.

Instead that teacher goes after me. He stalked me. Then he publicly harassed me. He even had his students yell insults at me. And the principal does nothing. Then this guy jumps me from behind, plummets me about the classroom, and the principal does nothing. Kevin McCormack has a pile of grievances from where he failed to report other assaults, why not this one?

This teacher is emboldened with what he got away with. After all he jumped me from behind and plummeted around the room before I could get to my feet, and the principal covered it up for him. Now this teacher, crazed by the use of illegal steroids, feels free to attack me again in front of students, this principal covers it up

I am left with Traumatic Brain Injury, tendons that have to be stapled back on my bones, fractured vertebrae and chronic pain for the rest of my life, it was a just a minor incident. No need to report anything. We sat around and laughed it off, he says in court! Kevin McCormack is rid of me and the questions I was asking, and ready for his next promotion.

The committee to choose a new principal for our school met with the administrators at the District 75 Office. They were told they had to select Mr. McCormack. They objected because he had never worked with a mentally retarded population. They were told that he was only going to be at the school a few years and then he’d be moving up to the a job at the district office and that would be good for the school!

For too long corrupt politicians, such as Mario Biaggi, have had their say in the running of District 75. I think it is time that the best qualified people get into the positions of power. The 21st Century is too late a time for Tammany Hall to be still running things in New York!

Here is a copy of the affidavit which accompanies each of these letters:

Affidavit
in support of the charges against
Kevin McCormack of the New York Department of Education
and
Dudley Thompson of the Corporation Counsel, City of New York

Copy of the signed and sworn document sent to your office May 3, 2009
On or before June 4,2003 Mr. Kevin McCormack entered into an agreement, either spoken or tacit, with Mr. Dudley Thompson to defraud the Supreme Court of New York State, the jury seated at this trial, and Mr. Lawrence Hayes.

Both knew that they were responsible to notify Mr. McCormack’s employer the New York Department of Education (DOE) of Mr. McCormack’s pending testimony, yet each failed to notify the New York Department of Education as required. This took some form of coordination.

Each had great experience in court appearances by employees of the Department of Education. Dudley Thompson had represented the DOE many times. Each and every time an employee was to testify he made sure that the DOE knew about the upcoming court date and that all these employees went down to the Chancellor’s General Counsel’s Office to have the testimony and the evidence to be presented vetted by the DOE’s lawyers.

When the Chancellor’s chief attorney, Mr. Michael Best, was told that Mr. McCormack had testified at this trial he was baffled. He checked the date: “There was no testimony by anyone at the DOE that day. Dudley Thompson always makes it a point to notify me personally beforehand. There was no testimony the date you gave me. There was no trial.”

Kevin McCormack definitely knew that he was required to notify the Chancellor’s General Counsel’s Office. He had testified in court many times and knew what was required. As principal he had sent many other employees under him down to the General Counsel’s Office before they were to testify.

When he testified Mr. McCormack was no longer a school principal; he had been appointed Supervising Principal. Expertise in all the regulations and routines a principal must know was a necessary job-requirement. It was his job to make sure that the new principals under his supervision new and followed such regulations and routines.

Each knew he had the responsibility to notify the General Counsel’s Office and did not. Each knew that the other was also required to notify that office. The DOE wanted to be sure everything went smoothly for each court appearance by every one of its employees.

The attorney representing the City could not risk not notifying the General Counsel’s Office if he were not absolutely sure the other person who was required to notify them had not done so.

The man representing the DOE also could not have risked his job by not notifying them he was to appear in court, unless he knew the other person who was required to notify them had not done so.

Thus, they worked in tandem. 1.

Why was such cooperation necessary? Both Mr. McCormack and Mr. Thompson knew that Kevin McCormack’s testimony would never pass examination by the General Counsel’s Office. It would get them both in trouble.

No one, for example, would ever authorize Kevin McCormack to state that he was not familiar with the Chancellor’s Regulations on how to report an assault in a school in 1996. After all, the chancellor, Raymond Cortines, had just been ousted in 1995 for not requiring all principals to strictly follow these rules and regulations.

Also, anyone at the DOE would know that copies of these regulations were regularly distributed and discussed at the meetings of principals and of teachers each year – for decades.

Further, given the excessive number of grievances brought against Mr. McCormack based for failing to report many other assaults as required by these regulations made it impossible to swear that he “was not familiar with them.”

Would anybody at the DOE let him present such bogus evidence such as a letter of reprimand he claimed to be from the official file of the Mr. Hayes’ assailant? That person was no longer in that school when the letter was written on June 11, 1996.. They would also have seen that it was never signed by the assailant and could not legally be placed in that official file without his signature.

Also they would have certainly asked Mr. McCormack why there were no witness statements. There were two assaults both in front of staff members and the second in front of a room of terrified emotionally disturbed young girls. A handwritten witness statement from each witness is required by law.

They would also stop him from presenting into evidence the letter he propertied to be an actual witness statement. It was typed by someone and signed by a Mr. Ayalew. But, it does not qualify as a witness statement. Mullah Ayalew is an Ethiopian immigrant who had little command of written language; he’d have difficulty even reading this statement let alone writing it.

Because of all the prior frauds pulled off by administrators over the years by creating phony “witness statements” and badgering staff into signing them, the law requires that witnesses in schools write out these statements in their own hands. No one at the DOE would even let Mr. McCormack bring such a bogus document near a courtroom.

Also, the people at the DOE would want the reports I wrote out after each attack. Where are they? Most never made it into the court!

Also, looking at the reports that did survive they would have to ask Kevin McCormack why these reports were never forwarded to the General Counsel’s Office. It would have led to an investigation of Kevin McCormack’s high-handed disregard for the duties of a principal, and would make it impossible to let him give such bizarre testimony and present such bogus evidence.

Thus, these two men conspired together. It is not necessary for people to formally agree for there to be an agreement, it can even be unspoken.

A criminal conspiracy is an agreement between two or more persons to do an unlawful act. In this case it is alleged that there was a common unlawful agreement to defraud, by the use of false documents, withheld and/or destroyed documents, false claims, and perjured testimony by Mr. Kevin McCormack, then a Supervising Principal for School District 75, and Mr. Dudley Thompson, then an attorney for the New York City Corporation Council at the Civil Trial:Lawrence Hayes vs the NY City Department of Education June 2003.




This fraud was both:
1.) Intrinsic Fraud by the use of:
Intentionally false representation
False documents
Withheld and/or destroyed documents
False claims
Perjured testimony
Obstruction of Justice
In order to deceive the Court and the jury.

2.) Extrinsic Fraud in that the use of:
Intentionally false representation
False documents
Withheld and/or destroyed documents
False claims
Perjured testimony
Obstruction of Justice
To deny the plaintive, Lawrence Hayes, the right to a full and fair hearing.

After, Mr. Dudley Thompson had finished with Kevin McCormack’s fraudulent presentation to the court; the lawyers for Mr. Hayes began to press him for a quick settlement. They felt that in spite of it self-contradictions, inconsistency and questionable “evidence” Kevin McCormack had swayed the jury.
A poll of several jurors afterwards showed that he had indeed convinced them.
Mr. Hayes was awarded a small settlement only for injuries to his left shoulder, which had been repaired by surgery.
There was no consideration of his the other damages inflicted on Mr. Hayes. He had been pinned between two large, steel doors by his assailant who threw himself against them full force with drop-kicks

He had considerably more bodily injuries such as the two compression fractures to his spine from where his back was crushed by the handle of one of the doors, the broken cervical vertebrae that had to be fused , and the chronic pain and spasms that will need round-the-clock narcotic medication for the rest of his life.

Nor was there any consideration in determining damages of the severe Traumatic Brain Injuries Mr. Hayes received. by having his head smashed from both sides again and again at different angles.

The TBI has caused blurry double-double vision (double-diplopia) , depression, difficulty concentrating or thinking, difficulty finding words or understanding the speech of others (aphasia), difficulty swallowing (dysphagia). dizziness, headache, poor coordination of movement, lightheadedness. loss of balance, difficulty walking, loss of memory, muscle stiffness and/or spasms, sleep difficulties, vertigo, and Slowness in thinking, speaking, acting, or reading.
Mr. Hayes has had to endure the loss of many long friendships because of the difficult for others to deal with his getting lost or easily confused, feeling tired all of the time, having no energy or motivation; and mood changes (feeling sad or angry for no reason). He personally feels that the stress and strain of trying to be caregiver led to the premature demise of his domestic partner of 24 years.



1. Due to the secretive nature of a conspiracy, the government need not prove a formal agreement but can demonstrate its existence through circumstantial evidence or by inference from defendants' actions.

A conspiracy to commit an offence is an inchoate offence in the sense that it is complete without the doing of any act save the act of agreeing to commit the offence: R v Rogerson (1992) 174 CLR 268, 279.

Evidence of acts following the agreement may be the only available proof that the agreement was made, but it is the agreement and not the evidence of the acts that constitutes the offence: R v Gudgeon (1995) 133 ALR 379, 389.
All participants in a conspiracy are deemed responsible for each of the acts and declarations of the others, People v. Rastelli, 37 NY2d 240, 244 (1975); Martin, Capra and Rossi, New York Evidence Handbook Section 8.3.2.4 at 720 (2d ed)

A conspiracy consists of an agreement to commit an underlying crime , coupled with an overt act committed by one of the conspirators in furtherance of the conspiracy (Penal Law Section Section 105.15, 105.20),

NB:
The Supreme Court has described the gravity of the conspiracy offense: 2.
For two or more to confederate and combine together to commit or cause to be committed a breach of the criminal laws, is an offense of the gravest character, sometimes quite outweighing, in injury to the public, the mere commission of the contemplated crime.
It involves deliberate plotting to subvert the laws, educating and preparing the conspirators for further and habitual criminal practices. And it is characterized by secrecy, rendering it difficult of detection, requiring more time for its discovery, and adding to the importance of punishing it when discovered.
2. Pinkerton v. United States, 328 U.S. 640, 644 (1946) (quoting United States v. Rabinowich, 238 U.S. 78. 88 (1915)).
See also Developments, supra note 6, at 924-25 Stating that because of "antisocial potentialities" of conspiracy and the likelihood that additional substantive offenses will result, the state has strong interest in stamping out conspiracy.


AFFIDAVIT



State of New York
County of New York

Personally came before me, the undersigned Notary, the within named
Lawrence P. Hayes, who is a resident of New York County, State of
New York, and makes his/her statement and General Affidavit upon oath and affirmation of belief and personal knowledge that the following matters, facts, and things set forth are true and correct to the best of his/her knowledge:


Saturday, July 4, 2009

Fourth of July 2009

This is the Fourth of July. I think it is time to focus on having a government that is responsible to the needs of the people - ALL THE PEOPLE!

Sunday, June 28, 2009

Homophobia

Now the teacher that assaulted me had already been quite hostile toward me for some while.
e.g. He refused to acknowledge my greetings.
Refused to answer any of my questions
Turned away if I tried to speak to him.
Spoke of me in the third person in my presence.

After all, he felt that it was I who took away the funds that were allocated for his computers and other supplies. (Never mind that it was I who had brought numerous complaints about Kevin McCormack’s misallocation of student funds) He was convinced that somehow I had gotten his funds for MY students.

Further, the computers that had been taken from my computer lab and placed into his classroom kept having problems. Students, for example, had set up little programs that played obscene sounds whenever certain keys were touched. The students were not properly supervised at the computers and they kept needing repairs – most of these repairs were done by me on my own time.

He accused me of giving him my broken computers, even though it was Beverley Kolstein at the District Office who decided what computers were to be taken from my computer lab to make up for the computers that never appeared thanks to Kevin McCormack’s knack of redirecting money meant to go to the students into his own projects, such as refurbishing his office or getting new executive chairs for all the people assigned to out-of-classroom positions under his watch.

But what really sent Michael Hicks over the top – besides the illegal steroids he had been using to “bulk up” - was the great humiliation I caused him at a social gathering I did not even attend.

There was a staff party just before spring break in 1996. Apparently Mr. Hicks was intoxicated. He began making passes at a young teacher, Deidre Mc Gowan. She gingerly fended him off several times. Finally, he screamed at her: “Oh, I forgot you are one of Mr. Hayes’ Bi**ches!”
Many of the women nearby started to laugh at him. And the more he asked them why they were laughing the more they cracked up and would not tell him. Finally, one woman said to him: “Michael, don’t you know Mr. Hayes is Gay?”

The women started laughing at him again. He assumed that because I was supportive of younger teachers, I was doing it to have my way with them!

After, vacation he began stalking and harassing me. When he began using his students to yell at me, I went to the administration. Kevin McCormack did nothing even though getting students involved in bickering violated school policy.

A group of African-American men also complained to Mr. McCormack that Michael Hicks had been referring to me as “Mr. Hayes… that white fa**ot.” He assumed that other black men would not find his racist homophobic comments insulting.

During the first assault in April, Michael Hicks kept silently mouthing the word “Fa**ott” over and over.

Eric Scapetta, the ADA at Robert Morgenthau’s Office refused to consider the possibility that my assaults were hate crimes after Kevin McCormack had poisoned the waters and accused me of being the one who was racially motivated.

Thursday, June 25, 2009

Commissioner Rose Gill Hearn

Firstr little housekeeping:
You can email me at LarryHayesNYC@aol.com
I do not mind posting all the work you proofreaders are doing for me.
I have Traumatic Brain Injuries. From this damage I have a very strange dyslexia– I not only reverse words, letters and numbers, I invert things I often read 6 as 9 and recently I had to meet some friends at 82th Street – I went instead to 85th That’s right I even confuse 5 and 2.
I have Double-Diplopia common with folks with TBIs. I see a showdown image both above and next to and image. I wear special prism glasses to help compensate for this annoying visual defect.

I use a good word processor to catch typos, but I still miss many so I appreciate the emails with corrections. And, yes, they would fill up the blog if posted – But, that’s the territory!!

I am severely disabled. Everything I do is a work-around. I do not mind people knowing this.

Commissioner Rose Gill Hearn
Currently I am waiting for the New York Department of Investigation to get back to me. I have sent them sharp reprimands for passing on my charges to Richard Condon to conduct the investigation because Richard Condon is one of the people who needs a thorough investigation.

I addressed my correspondence to Commissioner Rose Gill Hearn who runs the department. I doubt that she herself has ever heard any of my charges. I am sure middle-level administrators have botched the handling of my complaints.

As reported in the excellent blog the NYC Rubber Room:
Commissioner Rose Gill Hearn is the daughter of James Gill who helped clean up corruption in New York City schools. Jim Gill was the chairman of the Joint Commission On Integrity in the Public Schools in 1989. He was a superb investigator, and produced the reports that shook up the entire city.

It was Jim Gill’s superb work that led to the appointment of Edward Stancik as the first Special Commissioner of Investigation. Unfortunately after his untimely death
Richard Condon was chosen by Mayor Bloomberg also put the SCI’s Office under the control of the Department of Education – creating a permanent conflict of interest.
I will post the email, snail mail, and telephone number of Commissioner Rose Gill Hearn if I do not hear back from her people soon. Perhaps some of your calls and letters might get through to her.

I admire public servants such as Commissioner Rose Gill Hearn, Mayor Bloomberg, Chancellor Klein, and Manhattan Robert Morgenthau. I find it disgusting that the corruption on the middle administrative levels of their administrations undermine the changes they are struggling to make in New York City.

This is why I call this blog RottenRottenRotten !!!

I am totally disgusted at how this hidden level of dry rot eats away at the very foundations of our city. These corrupt networks of people work tirelessly only for the benefit of each other . They do not work for the public welfare or those well-meaning officials for whom they work; they work to promote the interests of each other.
City offices are filled with little fiefdoms who often work against the public good. Who has which rabbi determines what projects go ahead and which get lost in the shuffle.
You know - projects like, say… investigating why Richard Condon, Michael Best, Dudley Thompson covered up the malfeasance and crimes of Kevin McCormack.

Sunday, June 21, 2009

URBAN LEGEND

Thank you for your posting.COMMENT 1 on The Murphia
Dangerous???
No, I'd say these guys are all cowards.
I will never publish a name, unless I am asked by the the writer to use their name.
But, I do need an email to contact each writer in private so I can check their sources. Have to check the validitiy of everything I put on my Blogs.

Over the years of working in the school system I’ve been told of mob involvement in the school bus drivers union and the bus companies themselves. There have been persistent rumors about the custodians union especially after their leader was gunned down a few years ago.

URBAN LEGEND
But "Fada Louie"? Hard to verify??? Here's all I know.

I was the computer expert at my school. I was often called out of class to repair computers at other schools and to attend advanced training sessions which were often held in the Bronx. An older teacher often covered some of my classes, and when I was headed to the Bronx he’d sometimes say, “Larry, say hello to Father Louie.”

I finally asked him who this Father Louie was and he told me about the Rev. Louis Gigante. He claimed he called the shots in what happened with District 75 and several other school districts in the Bronx. This teacher often would make remarks critical of Catholicism and different ethnic groups, so I took his assessment of this priest hard to believe.

However, when after I told a neighbor on Thompson Street that I had gotten an administrative position at the district office word spread through the neighborhood and several neighbors asked me if I knew who I was working for.

I’d mention the District Superintendent - “NO.”
The Chancellor??? and they’d say “NO”.
Who then? Each of them would say "The Chin"
Sometimes with a laugh, sometimes with a stern warning.


Somehow his connection with District 75 was well known in this area of Greenwich Village.

A school secretary was at a family event down Sullivan Street. Some relatives called her to the window saying: “Your boss is downstairs.”

She went to the window and looked down and there was Vincent Gigante in his bathrobe and slippers talking to himself.

I don’t know how this mob influence might also be connected to the Hibernians – except through the likes of people like Biaggi.

Tuesday, June 16, 2009

Let Me Explain that Profile

I taught in NYC schools for 30 years. In 1996 a deranged homophobic colleague entered my classroom and severely battered me.
I was out for a week. My principal never reported it. He promised me I would be guaranteed protection if I would come back to the school.
My first day back, this same disturbed man burst into my computer lab and began throwing things around. When he went to the closet holding my students’ spring projects, I stood in front of the steel door to prevent him from tampering with them. He took the adjoining steel door and pinned me in between them.
He threw himself against the door as I struggled to get free. I many suffered blows to the front and back and left and right of my head as I twisted myself around trying to get free. He began throwing himself against the door in a series of drop-kicks as I slumped to the floor unconscious.
When I came to, he was standing at the door of the computer lab laughing. My students that period were young emotionally-disturbed women of limited academic ability. I could see the look of horror in their eyes. Not wishing to panic them further I had someone call down for help.
The principal showed up. I did not want to scandalize the special education student body. The principal suggested he escort me to the police station. As soon as I was safely off school grounds, he left me after briefly apologizing for not reprimanding my assailant after the first attack.
The principal had done his job! He got me off school grounds so he felt his ass was covered. He never forwarded the accident and incident witness reports. He lied to the DA; using gay stereotypes he described me as a little fa*got afraid of my assailant because he was black. He showed up years later in court where I was trying to get compensation for my pain and suffering and basically presented the same version of my assaults – saying they were just “pushing-incidents”.
I have tried for years to have this principal investigated only to find out that he is protected by his cronies in the Dept. of Ed. And the city’s Department of Investigation. Now I want him and his cronies investigated for the thirteen-year cover-up.
In pounding on doors I have discovered a web of cronyism that runs throughout the middle management of the city.
In fact, in some cases it RUNS the middle-management system!