Friday, January 16, 2015

Pedophile Fluffer Joe Paterno honored

Pedophile enabler ("fluffer" seems as good a word for that as any) Joe Paterno "has been restored as the winningest coach in major college football history." http://espn.go.com/college-football/story/_/id/12179571/joe-paterno-111-wins-were-vacated-restored

Yay... :-(

Friday, January 2, 2015

Chief Pirate J. "Frank" Wiley X's deranged vision of "unprecedented racial violence throughout this country"

UAlbany Police “Chief” J. “Frank” Wiley in an Oakland Raiders shirt on UPD’s Facebook page, cropped and annotated here:

https://fbcdn-sphotos-f-a.akamaihd.net/hphotos-ak-xfa1/t31.0-8/286894_426995154003734_245054570_o.jpg

There’s a tan Raiders item, possibly signed (I can only make out what might be S M on it), on the piece of furniture behind him. Maybe one of these tacky straw cowboy hats: http://ecx.images-amazon.com/images/I/817sj1d%2B0cL._UX385_.jpg

He lives and breathes football, and has for decades.

I'm an aging former high level athlete. [...] More recently, arthritis caused by years of high impact sports was winning the battle. My back, knees, shoulders, and achiles tendon limited my motion and were painful.

Wiley, J. Frank. "Testimonials." Berkshire Massage Therapy. http://www.bmt.massagetherapy.com/testimonials

Frank Wiley, a Baltimore policeman who plans to attend as many practices as he can, said, "It is outstanding. Seeing the players close up, talking to them and getting to known them is just great. All the players I talked to thought the fans made them practice with more intensity.”

Snyder, Cameran C. "Open practice scores with Colts and fans." The Sun [Baltimore, MD]. July 21, 1981: C7. http://pqasb.pqarchiver.com/baltsun/access/1850835422.html?FMT=ABS&FMTS=ABS:AI&type=historic&date=Jul+21%2C+1981&author=&pub=The+Sun+(1837-1985)

The University at Albany Department of Public Safety was the primary law enforcement agency for the New York Giants' professional football training camp held at Albany in July and August of 1996. […] The hiring of temporary security officers assisted the University in providing 24 hour/day security for the Giants' work and living areas […] University Public Safety Officers staffed all Giants practices and meals. They worked with the Giants Organization in providing reasonable access to fans, while at the same time maintaining the security and safety of the players. The University and the Capital District community have described the Giants training camp as having been a great success.

"New York Giants Football." Dept. of Public Safety. SUNY Albany. Ca. 1996. http://web.archive.org/web/19970802165356/http://www.albany.edu/public_safety/whtsnew.html

In an effort to broaden the scope of the University Police Department’s (UPD) community policing initiatives, the Great Dane Ride Along Program has been created. The concept was put into action by UPD Chief J. Frank Wiley and head football coach Bob Ford. The Program will bring together officers of UPD and members of the University’s football team. The players will ride on regular patrol with the officers in two hour shifts.

“The program will expose the students to some of the problems University Police Officers face every day and at the same time will expose the officers to some of our student-athletes,” Ford said. “This is one of those things that only good can come from.”

According to Wiley, both the players and the officers are excited about this opportunity and so far, approximately 60 players have volunteered to participate in the program. He added that special planning will be used to ensure that the program will not interfere with the players’ academic schedules. University Police officers assigned to Quad Liaison duties will coordinate the department’s efforts. The program took effect after spring break.

"Great Dane Ride Along Program." highLIGHTS. University Update 20(13). April 2, 1997. http://www.albany.edu/updates/1997/4-2/highlights.html

While six sexual assaults have been reported on the UAlbany campus since September, university police contacted Albany County District Attorney David Soares' office for only one - the alleged rape of a freshman woman by the three football players. In the five other cases, the victims declined to press charges. In the case involving the football players, the district attorney's office was called by a television station before receiving a call from the UAlbany police. […] After the forum, Wiley declined interview requests, saying he only conducts interview by e-mail. "I've been misquoted in my time here. I have been the object of irresponsible, gotcha journalism,” he said. Wiley steered questions to his officers.

Crowley, Cathleen F. "Handling of rape case defended; UAlbany police chief says officers followed protocol in dealing with alleged assault." Albany Times Union. October 26, 2006: A1. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=6365244

"Establish an MOU [Memorandum of Understanding] with the UA Football program to create a leadership development opportunity for football players. MOU was established and signed and pilot program has begun" (38)

"An MOU for a new mentorship program (ATLAS) with UPD and the UA Football team was established."

"Student Success Celebrations." Student Success 2011-2012 Briefing Book. 43. http://www.albany.edu/studentsuccess/assessment/BriefingBook/UAlbany%20Briefing%20Book%2011-12.pdf

"Pay no attention to the media criticism," J. Frank Wiley of Albany, N.Y., wrote.

White, David. "Oakland fans react with shock, anger." San Francisco Chronicle. April 28, 2009. http://www.sfgate.com/raiders/article/Oakland-fans-react-with-shock-anger-3243783.php

On the wall behind Wiley is a framed picture of Malcolm X.

The same picture of Malcolm X:

http://a5.files.biography.com/image/upload/c_fill,dpr_1.0,g_face,h_300,q_80,w_300/MTE5NDg0MDU1MDU1ODYxMjYz.jpg

On Wiley's shelves are some CDs and a bunch of VHS tapes. I can't make out the titles of any but part of one having to do with Malcolm X, looking most like a two-VHS tape collection, but possibly a clamshell collection of audiocassettes, or maybe even a book?

https://fbcdn-sphotos-f-a.akamaihd.net/hphotos-ak-xfa1/t31.0-8/286894_426995154003734_245054570_o.jpg

Malcolm X’s Autobiography as told to Alex Haley (the author of Roots) is fascinating and I think his assassination was particularly unfortunate given that Malcolm X had by then left the racist Nation of Islam (thought by many to be the people who shot him) and was beginning to reach out to people of all races, but even still: a picture of him is a very odd thing to see in a police station! Malcolm X didn’t generally have much good to say about the police.

From an article written about five years before UAlbany foolishly hired Wiley:

LOUDONVILLE — As colleges continue to strive for greater numbers of student and teachers from racial and ethnic minorities, administrators and campus police also must face the unfortunate side effects of that diversity: prejudice, hate and violence.

In many cases, the pressure-filled college atmosphere serves to instigate hostilities that might normally simmer below the surface. More and more, experts say, those hostilities are being directed against students solely because of their race, ethnicity, sexual orientation or religion.

More than 80 people involved in campus law enforcement or student affairs attended a seminar at Siena College yesterday to hear from two experts on their experiences in dealing with hate crime.

"The prediction is, that within five to seven years, if we don’t do something now, there will be unprecedented racial violence throughout this country," said James F. Wiley, an officer with the University of Maryland Baltimore County Police Department. “It’s time for us to take preventative action.”

Wiley and his department's police chief, Robert C. Nielsen, have travelled throughout the country to share their strategies in dealing with racial violence and other acts of intolerance on college campuses."

Roach, Karen. "Changing campus demographics increase chance of hate crimes." Schenectady Daily Gazette. May 21, 1991: B 5. http://news.google.com/newspapers?id=j3QhAAAAIBAJ&sjid=5ogFAAAAIBAJ&pg=4814,5370913

Wiley’s prediction of (wish for?) “unprecedented racial violence” was of course happily never to come true. He was talking out of his ass and those foul emanations weren't worth a toot (that's the closest he'll ever come to astuteness). Wiley is contributing to the increase of the problem of intolerance on campus (further enabling Michael W. Barberich to harass minority students to his diseased heart's content by backing threats against those who would report his harassment, for instance). Malcolm X would have despised J. "Frank" Wiley.

Thursday, January 1, 2015

SUNY Albany student evidently graduated from steroid trafficking to conspiracy to commit insider trading?

ALBANY — A 20-year-old University at Albany student who police said had devised an elaborate scheme to get steroids shipped to him was arrested Friday.

The Albany County Sheriff’s Department Drug Interdiction unit, which made the arrest with U.S. postal inspectors, said Matthew J. Musante might have been distributing steroids to several area fitness centers.

They said the investigation is continuing and would not say which fitness centers might have been involved. […]

With each search warrant, large quantities of steroids were seized, including 130 bottles of steroids containing 2,684 pills, 53 vials of liquid steroids and two tubes of cream. Authorities did not have an estimated street value for the steroids.

Approximately $2,870 in cash was also seized with the steroids discovered in Musante’s vehicle and several hundred syringes were seized with steroids at his residence. […]

Bryce, Jill. "UAlbany student arrested, charged with steroid possession." Daily Gazette. March 13, 2001: B1, B5. http://news.google.com/newspapers?nid=1957&dat=20010313&id=HHIhAAAAIBAJ&sjid=a4gFAAAAIBAJ&pg=6045,2564262

The TU’s unfortunately put many of its articles behind a paywall and one can only see the first few short paragraphs of them.
ALBANY -- A UAlbany business major who police say made thousands of dollars selling steroids to students and health club users pleaded guilty Wednesday to one count of attempted criminal possession of a controlled substance. Matthew Musante of Hamilton Street, Albany, faces six months in jail when sentenced. He was arrested at the Fort Orange post office in March when he went to pick up two packages of steroids, according to the county Sheriff's Department. Musante, a junior [...]

"UAlbany student pleads guilty to selling steroids." Albany Times Union. May 10, 2001: B9.

Authorities say a 20-year-old business major at the University at Albany made thousands of dollars selling steroids to fellow students and health club users.

Matthew J. Musante of Hamilton Street in Albany was arrested by the Albany County Sheriff's Department Drug Interdiction Unit and members of the U.S. Postal Inspectors when he allegedly went to pick up two packages of steroids at the Fort Orange post office Friday, the sheriff's department said.

Musante, a junior at [...]

Fricano, Mike. “UAlbany junior charged with steroid sales.” Albany Times Union. March 13, 2001: B1.

It actually gets worse from there (as spoiled in my subject line).
Matthew Musante […]

Previous [employment] Kaufman, Rossin & Co., V12 Group - Direct Marketing Associates, United State of Fitness […]

Stony Brook University [i.e. SUNY Stony Brook]

Bachelor’s degree, Business Management

2002-2003

https://www.linkedin.com/pub/matthew-musante/8/ba1/b9a

Since a BA can’t be obtained in two years generally, I’d bet he was a transfer from SUNY Albany after being busted for drug trafficking. SUNY Stony Brook must be so glad they overlooked his criminal history at SUNY Albany and let him finish his Business Management degree...
In December 2012, a separate criminal indictment charged John W. Femenia, Sawn C. Hegedus, Danielle C. Laurenti, Matthew J. Musante, Aaron W. Wens, Roger A. Williams, Kenneth M. Raby, Frank M. Burgess, Jr., and James A. Hayes for their involvement in the insider trading conspiracy. Femenia, Hegedus, Laurenti, and Musante have pleaded guilty and are awaiting sentencing.

“Maryland Man Charged in Insider Trading Conspiracy; Defendant Netted More Than $650,000 in Illegal Profits from College Friend’s Insider Tips.” April 3, 2014. http://www.fbi.gov/charlotte/press-releases/2014/maryland-man-charged-in-insider-trading-conspiracy

http://www.justice.gov/usao/ncw/pressreleases/2014/Charlotte-2014-04-03-wagner.html

In breach of his duty of confidentiality to Wells Fargo Securities, LLC (“WellsFargo Securities”) and its clients, Femenia misappropriated “inside" information about the Business Combinations and supplied or "tipped" it to three personal friends who traded on the inside information themselves: (a) Defendant Shawn C. Hegedus (“Hegedus"), who traded on the information with his girlfriend Defendant Danielle C. Laurenti (“Laurenti") through two entities they own and control, Defendant Coram Real Estate Holdings, Inc. ("Coram RealEstate") and Defendant GoldStar P.S. Inc. (“GoldStar P.S."); (b) Defendant Matthew J. Musante ("Matthew Musante"); and (c) Defendant Aaron M. Wens (“Wens”) […] Shortly after receiving the inside information, Matthew Musante also tipped the information further to his father, Defendant Anthony C. Musante (“Anthony Musante”) who himself also traded on the inside information in a TD Ameritrade brokerage account jointly held with his wife, Relief Defendant Christine E. Musante ("Christine Musante") (the"Femenia!Hegedus-Musante Chain”).

[etc. - there’s more references to the Musantes in the linked PDF]

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA

SECURITIES AND EXCHANGE COMMISSION,Plaintiff, V. JOHN W. FEMENIA, SHAWN C. HEGEDUS, DANIELLE C. LAURENTI, CORAM REAL ESTATE HOLDING, INC., GOLDSTAR P.S. INC.,ROGER A. WILLIAMS, KENNETH M. RABY, FRANK M. BURGESS, JAMES A. HAYES, MAITHEW [sic] J. MUSANTE, ANTHONY C. MUSANTE and AARON M. WENS, Defendants, and KRISTINE LACK and CHRISTINE E. MUSANTE, Relief Defendants

http://www.sec.gov/litigation/complaints/2012/comp-pr2012-255.pdf

Wednesday, December 24, 2014

UAlbany's Sue R. Faerman: Sue! Arr! Not fair, man!

One of the documents sent to me by the U.S. Department of Education's Office for Civil Rights in response to a FOIA request that I particularly like is UAlbany's then-Vice Provost and Dean for Undergraduate Education Sue R. Faerman’s expectation stated in a July 1, 2012 10:15 AM e-mail that I should “let this go and move on” - i.e. give up on reporting academic dishonesty, faculty ethics violations, sexual harassment, and retaliation for having reported those things. What a great attitude for a Vice Provost and Dean for Undergraduate Education to have!

I guess I was also supposed to let go and move on from my complaint about being overcharged $30.00 for a FOIL request for my own grades for a class and UAlbany then not cashing the check and not explaining why, and my complaint about the professor I'd reported for academic dishonesty, faculty ethics violations, sexual harassment, and retaliation having apparently inflated my grade from an A- to an A.

Then-Vice Provost and Dean for Undergraduate Education Sue R. Faerman’s e-mail on page 86 of the 281 pages sent in response to my FOIA request does answer my questions on page 90 in a July 1, 2012 9:29 AM e-mail:

In the end, is it safe to report faculty ethics violations at UA or isn’t it? Is it safe to report academic dishonesty or isn’t it? Is it safe to report sexual harassment and retaliation or isn’t it? Or does it all just set off new rounds of obstructionism and retaliation?

Reporting those things at UAlbany does indeed just set off new rounds of obstructionism and retaliation. Well, OK, not just that. For Sue R. Faerman, participating in the obstructionism and retaliation meant a promotion to the unnecessary position of Senior Vice Provost for Undergraduate Education, created just for her.

Tuesday, December 16, 2014

Albany State=Penn State? A case of "turnstile justice" (at best).

Plaintiff [...] commenced the instant action against defendant [...] seeking to recover damages arising from an alleged assault which occurred in October 2006. Defendant now moves for an Order pursuant to CPLR § 510(3) changing the venue in this action from New York County to Albany County. For the reasons set forth below, defendant's motion is granted.

As an initial matter, defendant has sufficiently identified the prospective non-party witnesses and has affirmed that they will include Edward Kercado, a SUNY Albany police officer; Wendy Knoebel, a SUNY Albany police officer; Robert Ford, a SUNY Albany football coach [...]

venue should be transferred to Albany County as some of these non-party witnesses are public officers and local government officials

http://scholar.google.com/scholar_case?case=11055528377769680355

Edward Kercado is not a SUNY Police officer or a local government official. He retired in 2008 after a mere nine years: https://web.archive.org/web/20141205163214/http://www.albany.edu/employee_recognition/retirees.php. Kercado, a football fan https://web.archive.org/web/20141216053108/https://twitter.com/EdwardKercado/status/412293578111479809 and former UAlbany student himself who became a coach and bus driver after retiring as a UAlbany police officer and is now an Atlanta, Georgia-based actor and precision driver https://www.linkedin.com/pub/edward-kercado/5b/69b/158. NYC would be less of a trip than Albany for him.

Wendy Knoebel is not a SUNY Police officer or a local government official. She's a dirty ex-cop now in Florida. NYC would be less of a trip than Albany for her - but why would the defendant want the testimony of a dirty ex-cop and who would believe it anyway?

        A decorated State University of New York police officer who is facing federal marijuana manufacturing charges allegedly asked a fellow officer to remove an unregistered handgun from her police locker and stash it at his house the day after her Duanesburg home was raided by federal agents.

        Wendy Knoebel, 48, who remains suspended from the SUNY police force, was subsequently charged by State Police with illegal possession of a weapon in a criminal case that was not publicly announced.

Lyons, Brendan J. "SUNY Police officer also faces gun charge; Cop arrested on drug charge allegedly asked colleague to move gun." Albany Times Union. July 23, 2011: B11. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=15255123

Kenneth Knoebel, 46, violated conditions of his supervised release by drinking alcohol in a Florida bar on Sept. 11 -- the same day he assaulted his wife, Wendy, a former University at Albany campus police investigator.

Gavin, Robert. "Alcohol use sends man back to prison; Kenneth Knoebel formerly jailed for growing marijuana." Albany Times Union. November 19, 2013: D4. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=24647533

Kercado and Knoebel served under UAlbany Police "Chief" J. "Frank" Wiley, an ex-athlete, ex-coach football fan. Wiley's "police" created a Memorandum of Understanding with the UAlbany football team while failing to create MOUs or agreements with other area law enforcement agencies. Wiley's "police" created a ridealong program for UAlbany football players. Wiley's "police" got paid extra to do security for the training camp of the NY Giants football team at UAlbany. Wiley's "police" put the UAlbany Athletics logo Damien the Great Dane on "police" documents. When some of Wiley's beloved UAlbany football players were accused of gang rape (the very case at hand), Wiley did not report the case ASAP to the Albany County District Attorney. He only reported it after the media did, thereby forcing his hand.

The priorities of Wiley, a grossly unqualified man who curiously become one of SUNY's highest-paid police "chiefs," might be further illustrated in how the ex-athlete, ex-coach, football fan treats athletes:

"While six sexual assaults have been reported on the UAlbany campus since September, university police contacted Albany County District Attorney David Soares' office for only one - the alleged rape of a freshman woman by the three football players. In the five other cases, the victims declined to press charges. In the case involving the football players, the district attorney's office was called by a television station before receiving a call from the UAlbany police. […] After the forum, Wiley declined interview requests, saying he only conducts interview by e-mail. 'I've been misquoted in my time here. I have been the object of irresponsible, gotcha journalism,' he said. Wiley steered questions to his officers."

Crowley, Cathleen F. "Handling of rape case defended; UAlbany police chief says officers followed protocol in dealing with alleged assault." Albany Times Union. October 26, 2006: A1. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=6365244

"University Police Department Chief Frank Wiley used to forum to defend UPD's procedure in arresting the two football players, reiterating the fact that they are not obligated to notify the D.A. when making an arrest because there is no set in stone procedure. Each case differs, according to Wiley.

"'There was no lapse in protocol because there is no protocol,' Wiley said at the forum" (emphasis added).

Markovetz, Jessie. "Officials respond again." Albany Student Press. November 2, 2006. http://www.albanystudentpress.org/news/officials-respond-again-1.782232#.UQObAkqjcmw

In Crowley's article, Albany County District Attorney's Office spokesperson Rachel Soares stated, "Our special victims unit has investigators, victim's advocates and attorneys that go away for sexual assault training all over the country[.] We know how to interview and investigate the crime scene. It's a good service." The DA's Office can potentially help strengthen the case for the prosecution and provide better victim services if they're contacted ASAP. At the time of that case, Wiley had for his entire "career" as UAlbany's supposed Police "Chief" had chosen never to help strengthen the case for the prosecution and had chosen to never provide better victim services. Whether Wiley consistently (or ever) reported cases ASAP since is anyone's guess (my guess: no).

"Wiley said university police usually wait until after an arrest, and this was the first time in his 10 years at the school that they contacted prosecutors before an arrest" (Crowley 2006).

Bob Ford is not a SUNY Albany football coach or a local government official. He's a pro-pedophile who modeled himself on Joe Paterno and wanted UAlbany to become like Penn State (mission accomplished).

"'I'll miss a good friend and I think we'll all miss a coaching legend,' said Bob Ford, UAlbany's Head Football Coach. […] Ford was a friend of Paterno's, and remembers the coach's life fondly. […] he himself did nothing wrong, but as he said, he wished he did more,' said Ford." [emphasis added]

Cruz, Megan. "Locals mourn Paterno." YNN. January 22, 2012. http://saratoga-north.ynn.com/content/your_news/571083/locals-mourn-paterno/

Paterno did plenty wrong - Ford's complete inability to comprehend that says a lot about what Ford thinks of sexual assault and university coverups of sexual assault.

        Mr. Paterno was on notice for at least 13 years that Sandusky, one of his longest serving assistants, and whose office was steps away, was a probable serial pedophile. Mr. Paterno was aware of the criminal 1998 investigation into Sandusky's suspected child sexual abuse. Indeed, the evidence shows that Mr. Paterno closely followed that case. Later, in 2001, another one of his assistants, Mr. McQueary, directly reported to Mr. Paterno that Sandusky was sexually abusing a young boy in Mr. Paterno's Penn State football locker room. The evidence shows that Mr. Paterno purposefully ignored this evidence.

        I stand by our conclusion that four of the most powerful people at Penn State failed to protect against a child sexual predator harming children for over a decade. These men exhibited a striking lack of empathy for Sandusky’s victims by failing to inquire as to their safety and well-being, especially by not even attempting to determine the identity of the child who Sandusky assaulted in the Lasch Building in 2001.

"Statement from Louis J. Freeh." February 10, 2013. http://espn.go.com/espn/otl/story/_/id/8933344/louis-j-freeh-statement-response-paterno-family-report

"Nothing wrong", Ford? Really? I suppose Ford's done "nothing wrong" as well.

Following the gang rape case involving three of his players, Ford treated the news as if his team had just merely lost a game.

All of this just days before the football team's homecoming game. The distraction is not lost on head Coach Bob Ford.

Ford said, "It's like many other challenges I faced in coaching. Tough tough loss and try to bounce back, try to get ready after a great win, try to get ready, after the death of parents, those are all challenges. And I think the squad has accepted the challenge. I think they've had a great week, and I think we're ready to go." [...]

Coach Ford wouldn't comment on the investigation but said he's re-emphasized off-the-field conduct to his players. But it's not the first time he's had the conversation.

Ford said, "The university has some formal programs we do for young men and young women and some programs for student athletes. And in addition you talk, you talk. You can't talk to them enough, so I talk to this football squad all the time about things I think are important."

Szubielski, Jola. "UAlbany rape suspect appears in court." Time Warner Cable News. October 20, 2006. http://centralny.twcnews.com/content/news/98063/ualbany-rape-suspect-appears-in-court/

Evidently Ford had not considered it important to talk to his players to refrain from gang rape.

UAlbany named its stadium field in its $19 million dollar multi-sport complex after Bob Ford. UAlbany hired Greg Gattuso to replace Bob Ford; Gattuso’s a former Penn State football player for Coach Joe Paterno and Assistant Coach (and pedophile) Jerry Sandusky, and a former Assistant Coach for Joe Paterno alongside fellow Assistant Coach (and pedophile) Jerry Sandusky, and someone who like Ford continues to carry water for Joe Paterno even after his death. They might as well call the multi-sport complex "NAMBLA Stadium."

The defendant himself is not from the Albany area. He's reported to have been a native of Texas and a resident of Fallston, Maryland. NYC would be closer for him too.

Carroll, Jarrett. "Former UAlbany football players penalized for rape." Altamont Enterprise. June 14, 2007. 1, 12. http://nyshistoricnewspapers.org/lccn/2006245259/2007-06-14/ed-1/seq-1.pdf http://nyshistoricnewspapers.org/lccn/2006245259/2007-06-14/ed-1/seq-14.pdf

"Former Albany football players admit to rape." Bangor Daily News. June 14, 2007. http://news.google.com/newspapers?nid=2457&dat=20070614&id=htE8AAAAIBAJ&sjid=TS4MAAAAIBAJ&pg=4128,3326274

Also, since when does a judge publish a victim's name and home street address as Judge Cynthia S. Kern did? And why were two of the perps given plea bargains without requiring them to testify against their third accomplice?

Thursday, the sentence was final: six months in the Albany County Jail, and 10 years probation, for the 2006 rape of a UAlbany freshman. [...]

the victim's father is not happy. He told the court in his victim impact statement:

“For three men to assault my daughter the way they did, and receive the ridiculous sentence due to the plea bargain process, is a travesty.”

He even referred to the deal as “turnstile justice.” [...]

The case against a third student accused in the rape [...] is still pending.

"Father of UAlbany Rape Victim Calls Justice System a 'Travesty.'" August 16. 2007. http://news10.com/2007/08/16/father-of-ualbany-rape-victim-calls-justice-system-a-travesty/

Albany attorney Mark S. Mishler's snow-job

Claimant and Luis were told that they had to leave the suite and accompany the UPD. She was not informed that she was arrested at this time. According to claimant, it was cold and snowy outside. She was dressed in a T-shirt, basketball shorts, socks and Adidas sandals. She did not have an overcoat with her.Claimant testified that when she and Luis were taken out of Eastman Tower, they were arrested and read their Miranda rights. [...] She testified that she was crying, confused, scared and angry. They discharged her at 1:00 a.m. and she walked to a friend's dormitory. On cross-examination, she testified that she asked for a ride to her dormitory but the request was denied.

Abdul-Wahhab v. The State of New York, # 2012-032-004, Claim No. 116205

http://vertumnus.courts.state.ny.us/claims/html/2012-032-004.html

Regarding the blizzard the night of that incident that wasn't mentioned in the above case, leaving the young woman's allegation unsupported that it was in fact cold and snowy when the officers took her outside in her shorts, a t-shirt, and sandals sometime after 11 PM and then refused her a ride home around 1 AM:

Ilnytzky, Ula. "Storm slows travel across state." Albany Times Union. December 14, 2007: A3. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=6433727

"The storm that dumped up to 8 inches of snow on the Capital Region before blowing through at around 8:30 p.m."

Stanforth, Lauren. "More winter on the way Meteorologists say season's first snowstorm will be trumped by one expected to arrive this weekend." Albany Times Union. December 14, 2007: A1. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=6433747

Even other police weren't going out in that snow, nor were they making the public do so:

Huber, Mark. "Snow shoots down safety mission." Albany Times Union. December 14, 2007. http://blog.timesunion.com/localpolitics/919/snow-shoots-down-safety-session/

None of those were hard to find. I expect there's even local TV news footage of the blizzard that could be located; there's amateur footage of it on YouTube:

The student's lawyer, Mark Mishler, had previously lost at least two other cases for young female UAlbany students against the UAlbany Police. Mark Mishler was previously employed at UAlbany and had donated his personal papers to UAlbany. By the time of the decision in Abdul-Wahhab v. The State of New York he'd obtained further evidence of malfeasance by people involved in the case that he did not use, and had the means to obtain more such evidence that he did not pursue.

According to claimant, it was cold and snowy outside.

It is a very poor lawyer that does not substantiate his client's claims before the court, particularly when they are so easy to substantiate.

Williams v. The State of New York, #2007-041-502, Claim No. 111843 http://vertumnus.courts.state.ny.us/claims/html/2007-041-502.html

In the above case, involving a student who'd fractured her ankle in a UAlbany parking lot, there was testimony by the UAlbany grounds manager, UAlbany Police, Emergency Medical Technicians, a meteorologist, unnamed witnesses, and specific details provided about the temperature, snowfall, and snow removal on campus. Did it really not occur to Mishler to call any witnesses or present any evidence with respect to it being "cold and snowy"? It doesn't seem that Mishler even questioned the UAlbany Police about it, questions like "WTF were you thinking taking a female student outside in her shorts after a major blizzard?" and "WTF were you thinking refusing a female student a ride home at 1AM after a major blizzard?"

Saturday, December 13, 2014

corruption and incompetence under Boss Cuomo rewarded under Boss Obama

Corruption and incompetence under Boss Cuomo rewarded under Boss Obama... when will it ever change? (Not under a Republican Governor or President, that's for sure - they'd be about as corrupt, just in slightly different ways.)

Dr. King, 39, said on Wednesday that he was leaving to become a senior adviser to the federal education secretary, Arne Duncan. He will be legally delegated the duties of the deputy secretary, a spokeswoman for the department, Dorie Turner Nolt, said, adding that the department hoped President Obama would ultimately nominate him for that role. The deputy position, however, requires Senate confirmation, and with Republicans’ taking control of the chamber next month, the president is likely to have a tougher time getting his appointments approved.

Taylor, Kate. "John King Jr., New York State’s Education Chief, to Leave Many Policy Wars Behind." N.Y. Times. December 11, 2014. http://www.nytimes.com/2014/12/12/nyregion/john-king-jr-new-york-states-education-chief-to-leave-many-policy-wars-behind.html

King's corrupt, incompetent, a hypocrite... does New York's motto "Excelsior" mean "Failure Ever Upwards"?

Begin forwarded message:

From: Christopher Philippo [...]

Subject: official word on SUNY Police & firearms violations?

Date: May 17, 2013 at 5:24:06 PM EDT

Cc: "ectv@etown.edu" , "news@fox43.com"

To: John King , Nancy Zimpher , Bruce McBride , Rex Smith , Scott Waldman , Sarah Hinman , Kate Barry , Louis Corsi , Chief Steven Krokoff , Craig Apple , "IAFFAIRS@troopers.ny.gov" , PISTOLPT@troopers.ny.gov

"Sunday night's incident apparently induced panic as many students cowered in their dorm rooms in fear, while some crouched in corners and said prayers after reports about a gunman on campus began to circulate around 8:20 p.m. At 9:30 p.m. the school finally sent out an email notifying students that the gunman was actually an off-duty law enforcement officer who was there to move a family member out of the Livingston Tower dorm. […] No official word on why the law enforcement officer felt it necessary to wear a weapon while moving his child out of the dorm. Although it's apparently legal for an off-duty officer to carry a weapon, Luntta said he was not sure if the man's possession of the gun on campus was a violation of school policy" (bold emphasis added)

Waldman, Scott. "Campus Notebook: Tense moments for UAlbany students." Albany Times Union. May 16, 2013. http://www.timesunion.com/local/article/Campus-Notebook-Tense-moments-for-UAlbany-4523960.php

Tsk, tsk, Luntta…

"The rules of the State University Board of Trustees (8 NYCRR §535.3 (j)) prohibit the possession of air guns, firearms, rifles, shotguns or other weapons on a state-operated campus of the University without the written authorization of the campus president."

"No air gun, firearm, rifle, shotgun or weapon may be possessed, stored, discharged, loaded or used on property owned or leased by the University unless the person in possession of said device meets the requirements set forth in these administrative procedures. The president of each state-operated campus may, in accordance with the provisions of section 590.3 of the rules of the University Board of Trustees (8 NYCRR § 590.3), grant written authorization to students, faculty, staff or other persons to permit the possession and storage of air guns, firearms, rifles, shotguns and weapons on campus only where such possession is required or permitted for the purposes specified in said section. When authorized, they will be stored unloaded in an appropriately secured area within or under the control of the University police department of each state-operated campus."

"When authorization is given to University police officers to carry firearms on duty, the weapon to be carried shall be state-owned and approved by the campus president. Only an officially issued firearm will be carried at any time on duty."

"Firearms on State-operated Campuses" policy item http://www.suny.edu/sunypp/documents.cfm?doc_id=367

535.3 (j) "No person, either singly or in concert with others, shall: […] Knowingly have in his possession upon any premises to which these rules apply, any rifle, shotgun, pistol, revolver, or other firearm or weapon without the written authorization of the chief administrative officer; whether or not a license to possess the same has been issued to such person" http://www.albany.edu/studentconduct/assets/Community_Rights_FINAL_10-28-11.pdf

"Firearms, Rifles, Airguns and Shotguns." 8 NYCRR Part 590 http://www.suny.edu/sunypp/documents.cfm?doc_id=116 http://www.suny.edu/sunypp/documents.cfm?doc_id=96

See also sections of the SUNY Police Manual, e.g. 70.02, 70.03, 75.11, etc. http://www.suny.edu/sunypp/documents.cfm?doc_id=364

No doubt Lunta gets paid very well for what he does, and "Chief" J. "Frank" Wiley, et al.

Whistleblowing isn't enjoyable, but whistleblowers can't give up or else the problems tend to persist or worsen. Clean up the problems, please?

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Begin forwarded message:

From: Christopher Philippo [...]

Subject: 18th C slave reburials and Amistad Commission (2005-2013?)

Date: May 30, 2013 at 11:49:15 PM EDT

To: John King [and others]

Remains of people who'd lived in slavery in the 18th century were found in the Albany, New York area in June 2005 and about eight years later they still haven't been given a proper burial. Also in 2005 New York State created an Amistad Commission, but about eight years later it evidently has yet to have the "mandated 19 members" and "has yet to issue recommendations or a report on how to 'facilitate the inclusion' of the African slave trade 'in the educational system of the state'" (Lombardi 2011).

As it stands, the amount of the "slave burial funds at risk" is such a small one, it's embarrassing to us all. Four hundred people donating $10.00 each would cover it. I'm unemployed, but I could (and would) donate $10.00. That said, it's my understanding that offers have been made by St. Agnes Cemetery and Albany Rural Cemetery to cover all expenses, in which case the $4,000 isn't even needed.

How about accepting one of the offers by June 19th, just under three weeks from now, as a goal? Let the reinterment be dignified and not a public spectacle. Have a commemoration next year if it seems appropriate. Otherwise, must they have to wait on more public meetings and education plans when that could drag on for several more years?

Likewise, how about seeing to the appointment of all 19 members of the Amistad Commission by June 19th, a preliminary report of the Commission's acompliance with its duties and responsibilities under the law New York Arts and Cultural Affairs Law, Article 57B (57.51-57.54) http://www.dos.ny.gov/amistad/amistad_law.html Archived by WebCite® at http://www.webcitation.org/6H17KY6Td to date by June 19th, and a final report by June 19, 2014?

Sincerely,

Christopher K. Philippo

Carleo-Evangelist, Jordan. "Remains must not be 'on a shelf forever'; Public thoughts wanted about where and how to rebury 14 slaves." Albany Times Union. February 8, 2012: B1. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=17365481

Hu, Winnie. "4 Years After Black History Panel’s Birth, Its Work Is Still Deferred." N.Y. Times. February 11, 2009. http://www.nytimes.com/2009/02/12/education/12amistad.html

Hu, Winnie. "Three Are Named to Black History Panel." N.Y. Times. February 12, 2009. http://cityroom.blogs.nytimes.com/2009/02/12/three-are-named-to-black-history-panel/

Lombardi, Frank. "It's time to put wind in Amistad panel's sails to teach kids about African-American slavery history." N.Y. Daily News. May 26, 2011. http://www.nydailynews.com/new-york/uptown/time-put-wind-amistad-panel-sails-teach-kids-african-american-slavery-history-article-1.147659

Vielkind, Jimmy. "Slave burial funds at risk; Appropriation to rebury remains could fall to Cuomo's veto." Albany Times Union. April 8, 2013. http://www.timesunion.com/local/article/Slave-burial-funds-at-risk-4419165.php


Begin forwarded message:

From: Christopher Philippo [...]

Subject: "U.S. Department of Education Reaches Agreement with the State University of New York to Address and Prevent Sexual Assault and Harassment of Students"

Date: November 1, 2013 at 5:03:25 PM EDT

To: press@ed.gov, Muckrock , John King , Cary R Nelson , "Shirley M. Tilghman" , FOI-List

The following would appear to pertain to me, as someone who’d filed complaints during that period:

"each of the individual campuses that OCR visited must reexamine all sexual harassment/violence complaints filed during and since academic year 2011-2012. SUNY must report to OCR the actions it will take to correct problems identified in the manner in which these four campuses handled those complaints, which may include providing individual remedies for students.”

https://http//www.ed.gov/news/press-releases/us-department-education-reaches-agreement-state-university-new-york-address-and-

https://web.archive.org/web/20131101193909/http://www.ed.gov/news/press-releases/us-department-education-reaches-agreement-state-university-new-york-address-and-

SUNY and the U.S. Department of Education are both already knowingly in violation of the agreement by letting the written threats sent to me and my family by e-mail and by Certified Mail via the United States Postal Service stand, are they not?

Add to that the refusal so far of the U.S. Department of Education to answer my questions about their decision in my case, despite having invited questions and the refusal so far to comply with this FOIA request for documents pertaining to my case: https://www.muckrock.com/foi/united-states-of-america-10/us-dept-of-ed-ualbany-communication-re-ocr-case-no-02-12-2157-4876/ - which is actually the second time I’ve requested documents; no denial has been issued, the request has simply been ignored - at the expense of constitutional rights and the rule of law.

When will my questions be answered, my FOIA request fully complied with, and actions taken to address the threats UAlbany sent me and my family, and the criminal facilitation and obstruction of justice committed by members of SUNY system administration and others?

Begin forwarded message:

From: "Ellermann, Marti"

Subject: RE: UAlbany Concerns raised in October 12th e-mail

Date: November 5, 2012 10:05:01 AM EST

To: "Abbruzzese-Werling, Nedra" , [Christopher K. Philippo]

Cc: "Thayer, Janet" , "Reilly, John (Univeristy at Albany)"

I suggest no response.

Marti Anne Ellermann

Deputy General Counsel

Office of General Counsel

State University of New York

SUNY Plaza

Albany, New York 12246

marti.ellermann@suny.edu

518-320-1306

Christopher K. Philippo

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"the State is not an insurer or guarantor of the safety of SUNYA students" McEnaney v. State of New York, 267 AD 2d 748 - NY: Appellate Div., 3rd Dept. 1999. http://scholar.google.com/scholar_case?case=14949034404515783354

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"Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act" 20 U.S.C. § 1092(f) (17)

"Nothing in this subsection shall be construed to permit an institution, or an officer, employee, or agent of an institution, participating in any program under this subchapter and part C of subchapter I of chapter 34 of title 42 to retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual with respect to the implementation of any provision of this subsection."

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“Make you the world a bit better or more beautiful because you have lived in it.” - Edward W. Bok