Wednesday, December 17, 2014

Top 10 things to do until Scandal returns on Janurary 29, 2015

This blog is the lighter side of life - - for those Gladiators who watch Scandal  - - it's on winter break until January 29, 2015.  So, I have complied a top 10 things to do to keep you occupied while you go through "Liv-withdrawal". 

10.  Buy a Olivia Pope suit.

9.   Tell you family that you will "fix" the problem. 

8.   Decide on your next text message if you are willing to answer your significant other or not.

7.  Tell your spouse to buy a piano - - and use it for one thing. 

6.   Have dinner out with your father.

5.   Call your husband, Jake of Fitz

4.  Call your wife Liv

3.  Place mug shots on your wall and analyze them

2.  Look at yourself in the mirror and say "I'm a gladiator and I can fix anything".

1.  Call your computer whiz, Huck,. 

Merry Christmas, Happy Hanukkah, and Happy Kwanzaa everyone. 

Wednesday, December 10, 2014

What to do (and NOT do) when you are stopped by police.

Nobody likes to be stopped by police but it will happen one way or another.  But if you are stopped by a police officer for any reason - - with or without known cause, you have rights under the laws and the police officer has rights.  Before I elaborate on what to do and not do during a police stop, let's look at Terry v. Ohio or what is known as the "Terry Stop"  which allows a police officer to stop an individual(s) and perform an outer clothing "pat down" if the officer reasonably believes that individual actually poses a threat to anyone - - whether the officer sees the signs of the threat (pacing back and forth in front of a bank, or wearing a winter coat on a hot July day).  A stop can also take place when citizens report the suspected individual to 911, even though their suspicions may turn out to be false.  The officer does NOT have the right to search inside an individual's clothing unless the pat down turns up contraband (drugs or a gun) or the individual is arrested for any crime or violation with a valid and verifiable charge. 

  • The police officer cannot compel an individual to empty his pockets, regardless if no pat down took place or nothing turns up after the pat down and the individual has not created an atmosphere where the officer's life is in danger or the individual attempts to flee.
  • The police officer cannot arrest an individual without a valid and verifiable charge.
  • The police officer cannot ask if the person committed an act which requires the officer's visual observation - and the officer didn't observe the act - - such as smoking in a prohibited area.   
  • The police officer must state the reason why the individual was stopped - - not because solely of race, gender, religion or any of the protected classes .
  • The police officer cannot suppress anyone videotaping the stop, not by the person who is briefly detained, not any witnesses to the stop - - as long as the witnesses do not interfere with the officer's legal duties in carrying out said stop. 
  • In a vehicle, the officer CAN search the car and the occupants - - without a warrant - -  if there is reasonable cause the occupants have committed a crime (other than traffic violation) or the officer observes contraband (gun or drugs) in plain view. 
  • The police officer(s) cannot enter your home unless they have a valid search warrant which matches the residence and purpose of the warrant - - or there is an emergency which requires the officers to enter the premises. 
When you are stopped - - and it's not good when it happens - - you can make the stop as easy for you and the officer(s).

  •  DON'T be belligerent or hostile to the officer - - your chances of getting arrested for anything (even for a nonsense charge) increase tenfold.
  • DON'T walk or run away - - that is automatic ground for the officer to detain you
  • DON"T comply with the officer's request to empty your pockets or open you bag (except where there is public notice that bags may be searched and the search is exclusively to detect explosives or weapons.
  • DON'T interfere with the officer's duties 
  • DON'T ever reach into your pockets when the officer didn't tell you 
  • DO refuse to show your ID unless it's a traffic stop
  • DO be polite to the officer and let him know your constitutional rights
  • DO ask for police ID if plainclothes officers verbally identify themselves without displaying their authorized shields
  • DO videotape the entire stop
  • DO cite the law which legally permits you to do something which the officer tells you that it's illegal.  In the New York City subway system, Section 1050.9(c) of the NYCRR Rules of Conduct shows it's legal for a person to perform non-commercial photography from public areas of the subway system (or from public streets) as long as tripods or other ancillary equipment is not used, nor the photography will interfere with the safe operations of any NYC Transit facility or conveyance (e.g. using flash to take a photo of an approaching train).  However, there have been many incidents where amateur photographers have been harassed by officers - - there is an excellent website Photography Is Not A Crime which posts news and podcasts on anything related to photography and law enforcement. 
  • DO ask to see any witness(es) who reported the individual's likeness (clothing, age, race, height, etc.) when a crime recently took place  
By being polite and cordial to the officer, even if you are in the right, you might be able to walk away happy in most cases.  If you did something illegal (such as smoking in a prohibited area) your politeness may just get you a free pass from the officer, especially if it's your first encounter.  Police officers have a stressful job with lots of uncertainty about whether they can go home each night - - you can make it easier for them.  At the same time, cops have a lawful duty to apply the laws and emergency protocols equally to everyone, and to provide the most professional attitude to the public.  By doing your part in being cordial and amicable to the officer, you can cover yourselves when a high profile incident occurs and you are less likely to be injured or killed by the officer too.   


Thursday, December 4, 2014

Eric Garner and the NYPD, what happened after the chokehold (Warning: Disturbing video content)

Wednesday's "no indictment"  returned by a Staten Island jury against Daniel Pantaleo, the officer who placed a chokehold on Eric Garner on Eric Garner - - who died shortly after the altercation, touched off a firestorm of anger and protests across racial and political lines in New York City and across the nation.  The jury decision comes on the heels of last week's no true bill decision by another grand jury in the Ferguson case - - and nearly 20 years since ex-NYPD officer Francis Livoti placed a deadly chokehold on Anthony Baez in the Bronx (Livoti was cleared on state Manslaughter charges but was later convicted on Federal civil rights violations and sentenced to 7.5 years in prison). 

Now you can take the comments like a grain of salt and say "The cops killed him" or a few like Rep. (R) Peter King saying that Garner was overweight and his obesity contributed to his death along with a crocodile tear jerker "we are sorry for Garner's family" quote.

But the question now lies in not about the chokehold on Garner but how the jury reviewed all of the particulars (evidence, testimony, statements, etc) and concluded that under application of NY State Penal Law, that they could not agree on a true bill against Daniel Pantaleo.  Did the reviewed the video of the chokehold?  Did they also review the video AFTER the chokehold (yes there is another video which shows officers standing around Garner's unconscious body for 5 of the 7 minutes until EMS arrives and they were asking questions to a lifeless Garner - - no CPR, no resuscitation)..


Here is the original video of the events leading up to the chokehold, courtesy of the NY Daily News. - - link in video

And here is the video taken after the chokehold - - you see Garner not responding while one officer holds his cuffed arm - - a pulse is taken and the officer confirms there is no pulse on Garner.  But guess what cops tell the female paramedic/EMT when she arrives, he has a pulse - - and all of the officers stand there doing nothing but control the crowd - - if it was one of their officers, they would put him in a patrol car or  keep calling for the "bus" then rush him to SI University Hospital.

So now, that did the NYPD officers really do?  They treated Garner like a low priority case like he suffered a cold or minor cough instead of treating him like a trauma patient.  This is cold-blooded ignorance at it's worst - if not murder.  The officers left Garner to die instead of trying CPR at least. It doesn't matter about Garner not cooperating during the arrest (he should have just let the cops cuff him - even if he was in the right), it's how cops treat a unconscious suspect in relation to one of their officers under similar circumstances.

Next blog post:  How to deal with law enforcement on a professional level and knowing your rights. 

Tuesday, November 25, 2014

The aftermath of the grand jury decision in Ferguson

Last night, the grand jury declined to indict Officer Darren Wilson for the shooting death of Michael Brown on August 9, through an long-winded and dragged on announcement by the lead prosecutor handling the Wilson case.  Right after the announcement was made, some angry demonstrators looted stores and set other businesses or properties on fire.   Most other demonstrations across the nation were mostly peaceful.  I was at Brooklyn College where I saw a small group of about 20 demonstrators on Bedford Ave peacefully doing their thing.  But the thugs in Ferguson, MI who are burning the St. Louis suburb to the ground are clearly sending the wrong message by destroying property.  They are currently under the radar by the news media and the American public where most whites will less support for blacks and the racial divide between blacks and whites will grow bigger like a cancer growing.  Respectable black people will see the looting and destruction as unacceptable.  But as long as the few idiots make it look bad for race relations, there is a better way of handling this - - don't buy from white owned business.  If black people want to make a difference in stopping what they see as police brutality and killings against black people. they should have more of a concentrated effort in reducing the national homicide rates against black people.  Why isn't Al Sharpton speaking out the atrocity that 6.309 blacks were murdered in 2011 - - why are blacks silent about this.  Who in the black community is doing something to protest against gangs, many of them recruit black and Hispanic kids by bringing the issue of more affordable after-school programs and jobs for the work eligible teens?  When an innocent black kid's life is cut short by a stray bullet in the projects, do we read or hear about the massive protests against gun violence?  Are black people just talking about the problem or do they want to be a part of the solution?

   Here is one thing you can do if you have the time,  mentor a child on weekends.  If you are free in the afternoons, form a teen group where kids can shoot hoops in the courts instead of another type of "courts" they face when they join gangs.    Form a trip to a local library and open up a world of reading they haven't explored.  I know this may be difficult but if we can change one child a time then we may be able to stem the tide on black violence. 

Sunday, November 23, 2014

MTA's 2015 fare hike and public hearings

Last Monday, the Metropolitan Transportation Authority (MTA) announced a bunch of public hearings on what they call "Limited Fare and Toll Proposals" or modestly raise the fare and tolls across all modes of transportation with the MTA regional network they operate.  The fare proposals affect NYC buses and subways, the Long Island Railroad and Metro-North commuter railroads as well as the tolls on MTA Bridges and Tunnels which operate wholly within the 5 boroughs of NYC.  The breakdown of proposals are as follows:

  • NYC Subways, local buses and Access-A-Ride:  Two base fare proposals are on tap - - one proposal is to keep the $2.50 base fare (for Pay-Per-Ride cards) unchanged but eliminate the 5 percent bonus on Pay Per Ride fill ups over a certain amount.  A second proposal is to raise the base fare to $2.75 but offer a greater discount of 11 percent if $5.50 or more is added to the card (that's 2 fares). 7 day and 30 day regular Unlimited Metrocards rise top $31 and $116.50 respectively.  Express bus fare rises to $6.00 while the 7 day Express Bus Plus Metrocard increases to an odd $57.25.
  • LIRR and Metro-North:  4 percent average fare increase.  Cityticket weekend travel between most NYC stations and the CBD zones will increase to $4.25.  The $1 off peak Family Fare for each child remains unchanged at $1.
  • MTA Bridges and Tunnels  Two proposals like the NYC Transit proposals - - one to remain the base toll flat or increase it.  Both proposals have a slight increase for E-Z Pass users with NY metro area tags.
By laws, a public hearing must be conducted in each county within NY State where the MTA operates in any capacity.  Rockland and Orange counties served by MTA West of Hudson rail service (Port Jervis and Pascack Valley lines) get their public hearing at West Nyack.  Long Islanders will have to travel to Melville for their public hearing.   The MTA will offer video testimony at Poughkeepsie station for Dutchess county and Ronkonkoma station for Suffolk county, where participants can submit a 3 minute video testimony for the MTA board to review.  There is no public hearing or video testimony offered anywhere in Putnam County  (that's between Westchester and Dutchess counties on Metro-North turf) or Nassau County

On some days, there are two public hearings on the same night.  This is wrong and must be fixed by the MTA as only half of the MTA board members can attend one hearing while the other half sleeps through the second hearing of the night.  The first day of the public hearings, December 1st, have venues in Manhattan and the Bronx.  The MTA Chairman, Thomas Prendergast, and NYCT President Carmen Bianco, cannot be at both hearings simultaneously, unless one takes the Lexington Ave IRT subway lines between both places.    The public deserves a full board in attendance at one venue for the night and they all must be attentive as each speaker comes to the podium.  Another issue is that some board members suddenly are tardy after the first or second recess.  From my past experiences, after the recess is over and the first speaker is called, only 4 or 5 of the 12 MTA Board members actually return to the hearing.   Perhaps recess should be 5 minutes longer.  Finally, one of the subway and bus proposals offers a strange 11 percent discount.  This is a cheap way out on offering the other proposal.

Whatever the MTA decides, and they will decide quickly, the public will have to pay more but at a modest rate.  If only the MTA was concerned about how accurate their signs and information on their website.  The MTA board will vote on these proposals at the January Board Meeting, and the fares/tolls will take effect in March, 2015.  On the New Haven branch of Metro-North, fares in Connecticut will increase in January, 2015 and will not be a part of the MTA public hearing process as a prior public hearing and vote was already taken by the State of CT with the MTA earlier this year.   

Monday, November 10, 2014

Riders get screwed from missing service notice while MTA brass dances around Fulton Center

On Sunday 11/9/14, the Metropolitan Transportation Authority (MTA) invited the press to a closed door conference and tour of the new Fulton Center. Among the MTA  dignitaries were MTA Chairman and CEO Thomas F. Prendergast, NYC Transit President Carmen Bianco, MTA Captial Construction President Dr. Michael Horodniceanu, and  Paul Fleuranges, NYCT Senior Director of Corporate and Internal Communications.   MTA brass, along with elected officials including U.S. Representative Jerrold Nadler, NYS Assembly Speaker Sheldon Silver, and Manhattan Borough President Gail Brewer, gave speeches and demonstrations to the press. Also during the course of the day, pictures of Fulton Center were tweeted by the official NYC Transit account



But as the top MTA brass were dancing around inside a glass house to the oohs and ahhs of the press who were covering the event, sans stones to throw, the customers they are empowered to serve were getting screwed at this complex because the MTA failed to post an important service change which took place all weekend.  As the MTA brass took a walk along the newly reconfigured West passageway just above the A/C platform within the doors leading to the Uptown 4/5 platform, the area required to be closed to the public, customers from the A/C or 2/3 were advised in making a detour.  Because of the Fulton Transit Center work, there were no free transfers between 2/3/A/C lines with the Uptown 4 and 5 lines.  Riders from the A/C or 2/3 were directed by station personnel to use the Downtown 4/5 to Wall Street then transfer to an Uptown 4/5.  Riders coming off the Uptown 4 and 5 after 8 AM Sunday when this platform reopened, were directed to the John Street exit, cross Broadway then enter on the Downtown side where they would have to tell a police officer or station personnel about their need to transfer to the A/C or 2/3 and be let in.  However, a check on the MTA website showed nothing about this service change.




4/5/A/C service advisories using the Weekender:

 
 


2/3 advisory?  Nothing



So anyone looking at the Weekender - - the "best" placed to check for service status along a station or route, has nothing about the closure of the free transfer.  The TripPlanner+  didn't catch it either, it should have suggested to use Downtown 4/5 to Wall Street then Uptown 4/5 to Brooklyn Bridge.




But the MTA brass were aware about the Uptown 4/5 transfer restriction - - Uptown 4 and 5 trains were bypassing Fulton Street on Saturday but on Sunday after 8 AM, they did stop at Fulton Street. Management did see the frustrated customers were forced to use the Downtown 4/5 but nobody bothered to checked on their phones or laptops to verify the existence of this service change while they gave the tour to the press.  For all the hype about Fulton Center and the willful omission of a service change which should have been posted proves one thing - they don't care about disseminating the correct information to their customers.  Nobody did anything to correct this missing service notice yesterday.

And the MTA is proposing an across-the-board 4 to 6 percent increase in fares and tolls within the MTA region in 2015 and 2017?   Maybe we need new management who should have more of a concern about how they communicate to their customers before they showcase the next "grand destination and meeting place" than their paychecks.

Later this week I will visit the Fulton Center and give a review of this important complex.

Sunday, November 9, 2014

NYC 25 MPH speed limit and Vision Zero

NOTE:  The opinions expressed by the author of this blog are entirely my own and not the opinions expressed by my current or former employers. 

On Friday November, 7, the City of New York's 25 MPH speed limit law takes effect citywide.  It's a beautiful day as one Mayor Bill De Blasio's centerpieces of his Vision Zero traffic fatility elimination plan now bears fruition.    What does it mean?  It means that the speed limit on all NYC roads without a posted sign otherwise, now have the speed limit lowered from 30 MPH to 25 MPH.  Most highways will see their speed limits remain the same, as well as other roadways with a higher or lower speed limit of 25 MPH.  20 MPH safety zones will remain in place as well.  As of Saturday 11/8, there are 30 MPH signs still posted on certain Bronx streets such as portions of Bronxwood Ave and East 222nd Street.  So what effect will the 25 MPH do on drivers?  .  Nothing, they will still driver recklessly with a wanton disregard for traffic safety.  Drivers will still speed, change lanes without signaling, blow past STOP signs and do everything on their dumbphones with one hand on the phone, the other hand on the steering wheel while in motion.  I was driving early Friday morning on the connector road between Dr. Theodore Kazimiroff Blvd and Allerton Ave, near the Bronx River Parkway when a driver behind me honked because I was driving at or close to 25 MPH.  That's New York for you, always in a hurry to get into an accident. 

You can read the entire Vision Zero action plan (in .pdf) right here

But something else bothers me too, about De Blasio's message.  It's not the message that bothers me, its who will be carrying out the message.  The National Waste and Recycling Association (NW&RA) endorsed a plan to carry free advertising with "I DRIVE 25" bumper stickers on their 9,000 carting trucks.  Maybe these trucks should have stickers carrying "I RUN RED LIGHTS AND DRIVE AGAINST TRAFFIC FLOW" too - - many trucks I see work late at night when few cars and pedestrians are visible on city streets.  Some of these trucks I observed drive the wrong way on one-way streets, illegally back into the one way street, or drive across the dual yellow lines to the opposite direction so they can collect the waste or recyclables.  Blowing past STOP signs is common about these trucks (and many other drivers across most modes of vehicular, and bike, transport).

Here are two videos of two different carting trucks in the Bronx - - shot in daylight.  You figure out the hypocrisy. 





 



 




Mayor De Blasio should think about stepping up enforcement on drivers of carting vehicles (both NYC Sanitation and private companies) first before sending a message out that private carting drivers are complying with the 25 MPH law. 

To make Vision Zero work, the NYPD should step up it's enforcement zeal. This is not about raising revenue, it's about saving lives.  It's not just the 25 MPH speed limit, it's about obeying every law within the NYC Traffic Rules and NY State Vehicle & Traffic Law, including making a proper STOP (not blowing by like the STOP sign doesn't exist), failure in yielding to pedestrians and other vehicles, fail to use turn signal at least 100 feet prior in changing lanes or making a turn, making illegal u turns on a crosswalk, tailgating (does anyone read their insurance documents, particularly the part where certain accidents are not chargeable against the policyholder?), slowing down in construction zones 24/7 and using a cell phone while actively in motion.

Here are two videos of drivers ignoring STOP signs - - one on southbound White Plains Road at Gun Hill Road, the other on East 222nd Street and Givan Ave, both in the Bronx.  The first video also shows a  NYC Transit bus operator on the Bx41 Select Bus Service+ route failing to obey the STOP sign. 






I would endorse a plan for the NYPD what they would use unmarked vehicles in following the driver of a specific vehicle who is breaking multiple traffic laws.  When an officer (armed with his dashboard camera) observes the driver committing 4 or more traffic violations of any kind, the officers should arrest and charge the driver with Reckless Driving, a misdemeanor.  Put into place a new law of aggravated reckless driving and make it a felony if one of the 4 traffic violations involve a school bus STOP violation, use of the cell phone while driving, or speeding in excess of 25 MPH - - as well as impounding the vehicle at the scene and a minimum 1 year license revocation if convicted on the felony Reckless Endangerment charge.  It's time now to change the culture of driving in NYC as well as setting an example for other major cities to follow, such as San Francisco which is making a major push in implementing their Vision Zero plans. 

Next month:  A follow up blog to Vision Zero and the 25 MPH law, including a video I will ask one of my passengers in my vehicle to take around the Bronx as I am driving - - in the post 25 MPH speed limit era.