Video Snippet Shows Frightened Fritos Delivery Person Handcuffed And Detained By Roosevelt Island Public Safety Officers Last Saturday At Bread & Butter Deli In A Dispute That Began Over Parking Spot - What Really Happened?

A Roosevelt Island Tipster reported last Saturday evening May 7:

Have you heard anything about an encounter this morning, between our PSOs and someone making a delivery to the Deli, that included the PSOs handcuffing the delivery person because they were “illegally parked” — or more likely couldn’t find a “legal” parking spot?

Another Tipster provided this brief video clip showing a portion of the interaction between a Frito Lay truck delivery person and 3 Roosevelt Island Public Safety Department (PSD) Officers that took place at the Bread & Butter Deli Saturday morning approximately 10:15.

The May 7 RIOC Public Safety Report describes the incident as follows: 

05/07/22 – 0950 – 579 Main Street – Disorderly Conduct – PSD responded – Summonsed issued.

On Sunday morning May 8, I asked Roosevelt Island Operating Corp (RIOC) PSD Chief Kevin Brown:

A resident informed me of an alleged incident at the Bread & Butter Deli of PSD officers roughing up and handcuffing a delivery person. Is that true? Also, the incident started because the delivery person was illegally parked. Is that true? Does RIOC have any comment on this important issue of community concern?

I also asked Roosevelt Island Residents Association (RIRA) President Rossana Ceruzzi and Public Safety Committee Chair Erin Feely-Nahem if they knew anything about this incident. Both Ms Ceruzzi and Ms Feeley-Nahem have an extensive record of monitoring and investigating allegations of improper behavior by the Roosevelt Island PSD while maintaining an open dialogue and good relationship with the PSD leadership. Neither had heard of the incident but promised to immediately look into it and contact PSD Chief Brown. {Correction and update, Ms Feely-Nahem was aware of the incident at this time, Ms Ceruzzi was not}

I followed up on Monday with a second email to Chief Brown:

I’m following up on yesterday’s email below about the PSD incident with female delivery driver at the Bread/Butter Deli. 

I want to be accurate in reporting what happened and give PSD’s side of the story. 

Will Rioc respond with a statement on the incident?

Later on Monday I saw Chief Brown on Main Street. He told me a response to my questions would be coming from RIOC later that day.

 

On Monday evening, RIOC sent out an email advisory saying:

Subject: Parking Incident

The Roosevelt Island Operating Corporation (RIOC) takes all public safety incidents of this nature very seriously and we will conduct a thorough investigation into this matter. A preliminary review of the incident has been conducted, however we will continue to review all allegations/complaints, along with any additional video footage.

I followed up asking Chief Brown:

Was there any arrest, summons or ticket issued to the driver in this incident?

There was no reply.

Yesterday, May 11, based upon my understanding of the incident at that time, I asked Chief Brown:

I am preparing an article to be published today about the incident at the Deli on Saturday Morning between the Frito Lay Delivery person and PSD Officers.

In the interests of accuracy and timely informing the Roosevelt Island community of an important issue of concern, I am sending you my understanding of what happened. If it is incorrect or needs clarification please let me know.

My understanding of the Bread & Butter Deli incident Saturday morning at about 10 AM is as follows.

The female Delivery Driver initially parked her vehicle on Main Street next to the barrier in front of the Deli. A PSD Officer told her to move the vehicle to 560 breezeway which she did.

The Delivery Driver entered the Deli and was making her delivery.

Shortly thereafter, at least 3 PSD Officers entered the Deli and instructed the Delivery Driver to move her Truck out of the 560 Breezeway to somewhere else.

She asked the Officers to let her finish the deli delivery before moving the Truck. The PSD Officers refused to allow her to finish the deli delivery and told her to immediately move the Truck. The delivery driver did not immediately exit the deli to move her truck.

The incident then escalated to what is shown in the video. 3 PSD Officers roughly handcuffing the delivery Driver and shoving and pressing her against the Deli refrigerator.

At least 4 other PSD Officers were nearby outside the deli entrance.

The Delivery Driver was taken to PSD offices in handcuffs and placed in a holding cell for approximately 40 minutes before being released.

The Delivery Driver was issued a summons for disorderly conduct. Were there any other charges? Was there an arrest?

The Deli owners believe RIOC PSD is discriminating against them in not allowing their Delivery Drivers to park nearby while at the same time allowing delivery drivers for other stores the courtesy of parking nearby.

Does RIOC dispute this account of what happened?

Also, did a PSD Officer threaten to use a Taser on the delivery person if she did not comply?

In the interest of accuracy and informing the Roosevelt Island community of what happened, will RIOC comment on the circumstances of this incident.

Thank you.

No answer but later that day I saw Chief Brown who told me there were errors in my understanding of the incident. He added that he would like to comment but was waiting for approval by RIOC President Shelton Haynes. 

Still no reply as of this evening.

More information has come to light in the last 24 hours. Based upon knowledgeable sources, this is what appears to have happened.

The Frito Lay truck (This picture is not from May 7 Incident)

delivery person is relatively new working on Roosevelt Island. On Tuesday, May 3, she parked the delivery truck by the portable metal barrier on Main Street in front of the Bread & Butter Deli.

A Public Safety Officer told the driver she could not park in that area and instructed her to park in the 576 Breezeway (also known as 560 Breezeway) which she did.

Upon returning to Roosevelt Island on Saturday morning May 7, she parked the delivery truck in the 576 Breezeway where she had previously been told by Public Safety Officers to park. It was raining as she completed unloading her deliveries from the truck. A Public Safety Officer approached her and told her to move the truck from the 576 Breezeway. She asked to be allowed to bring her deliveries across the street to the Bread & Butter Deli before moving the truck. What happened next is unclear but she did not move the truck.

As she entered the deli with her deliveries, the 3 PSD Officers followed her inside and called for back up from other Officers. The confrontation shown in the video soon began.

According to a statement today from RIRA Public Safety Committee Chairs Erin Feely-Nahem and Shirley Coley:

The Roosevelt Island Residents Association Public Safety Committee (RIRA PSC) is carrying out independent, detailed inquiries into an apparent case of Public Safety Department (PSD) harassment and abuse, under the direction of recently promoted Lt. Barry Hazelwood and a team led by Officer Brian Ortiz against a part-time delivery worker, Tonnek Greene, who was doing her job under the difficult and stressful circumstances of Main Street traffic congestion and limited parking, for the Bread and Butter deli, during rainy conditions. 

The Roosevelt Island Operating Corporation (RIOC), which is the “civic” authority over the PSD, issued a brief, anodyne statement that also pledges “to conduct a thorough investigation,” evidently after a “preliminary review” conducted internally, that was not made public. PSD Chief Kevin Brown has also committed to an investigation in discussions with RIRA PSC leaders. We welcome this and expect transparency, objectivity, and justice. 

Nevertheless, RIRA PSC has no intention of deferring to the RIOC or PSD investigations as we responsibly carry out our independent inquiries and interviews in the interests of Roosevelt Island residents, workers, and visitors, but hope we can reach amicable solutions together. 

We are convinced that the facts revealed so far, including limited video footage, and witness accounts that were brought to our attention, and will be documented, as well as simple common sense, strongly indicate that this young Black woman was harassed, then manhandled while doing her job delivering food commodities to a prominent Island business. The PSD detained in a cell this humiliated and traumatized worker, who says that over the course of the day’s events had urinated on herself. 

The escalation demonstrated by the Officers was not what Roosevelt Islanders expect from Community Policing, and we believe the concrete circumstances resulted in an unacceptable crossing over the line into law enforcement abuse and violence. In no way can this be justified as “anti-crime.” This was anti-worker harassment, and subsequently Ms. Greene has been issued a criminal court summons for “disorderly conduct” and a traffic court violation VTL 1102, charging her with failure to comply with the lawful order of a Peace Officer, all because she parked in the breezeway spot that she had been directed to park in during her prior delivery to Roosevelt Island by Public Safety Officers, and during this last delivery, when asked to move the truck she was unable to do so at that moment as the delivery and product had already been removed from the truck and were on the ground, and could have been stolen if she left them unattended. 

We believe that the escalation of this incident could have been avoided. A parking violation, which is not endangering other motorists, doesn’t warrant this extreme reaction. Abusive actions and unjustified violence must have consequences!

Stay tuned. Will update when more information become available. 

It would be very helpful if RIOC would publicly comment on their version of the event. 

UPDATE 9:25 PM - RIRA Public Safety Committee member Frank Farance has a different perspective on the deli incident. According to Mr Farance:

I've heard about an incident last Saturday involving a Frito Lay truck driver and Public Safety Officers, including a 12-second video that appears to show three Public Safety Officers, surrounding the driver in the back aisle of Bread and Butter Deli, you can hear the driver say "I am a woman" and "You can't lock me up for this", and PSD officers saying "Stop! Stop! I'm telling you to stop!".  It appears they are facilitating an arrest with handcuffs.

The incident involved the parking of the delivery truck and PSD's request to move the truck to a different spot in the 560 breezeway.  The driver did not comply, PSD arrested the driver, and she was let go later.  My understanding is that the whole event lasted about 40-60 minutes from start to finish.

I disagree with the reporting from the RIRA Public Safety Committee Co-Chairs Erin Feely-Nahem and Shirley Coley, and I'm disappointed in the discussion that occurred at Wednesday's (May 11) RIRA Common Council meeting, as there seemed to be a group-think and an unwillingness to understand logically what did and might have happened.  The statement issued by the RIRA PSC Co-Chairs is early for the kind of confidence expressed in their reporting when there is still much to be understood.

I am interested in a fair, unbiased, informed, and complete (to the extent practicable) understanding of what happened, and to make appropriate recommendations.

One area of long-time concern is a split within the RIRA Public Safety Committee on direction.  Surely, most everyone can agree there were problems with residents and visitors being gratuitously arrested, many with excessive force, when Keith Guerra was PSD Chief.  The concerns were participated in the Anthony Jones incident in 2013.  Mr. Jones's mother came to me to ask for help, as her son was handcuffed to a gurney at the hospital.  I broke the news to the community, and I asserted that the PSD officers engaged in unlawful use of deadly force.  Also, I helped other residents get their convictions undone or cases dismissed as I did frame-by-frame video analysis and compared it with the police reports - debunking the charges.  RIRA PSC members (including myself) had been tracking many of the issues with PSD during the years PSD Chief Guerra led the force.  The RIRA PSC, as led by Erin Feely-Nahem, was very effective in getting Guerra fired and a new Chief, Jack McManus, to shepherd in a new type of "community policing" that was welcome and effective and, largely, continues to this day.  RIRA PSC meets monthly and engages with the PSD leadership, and it's been a very effective and productive effort - with consistent community participation and now with Co-Chairs leading the RIRA PSC effort.

There areas where RIRA PSC and I differ, and this can be seen in how we approach this incident.  Back in 2013, there was much concern over the Rights of the Individual, and we fought for that.  However, there were other incidents later that summer and fall - a near riot on July 4, and late night noise outside the Deli, which disturbed my neighbors in Island House, and neighbors across the street in Eastwood.  There seem to be a hesitation for PSD to address the noise (or riot) problem as surely it would involve either summons or arrest.  As I pointed out in video that summer/fall, PSD officers were ignoring the noisemakers, yet standing right next to them.  Then, we discovered that RIOC and Hudson Related (via Main Street Retail Master Lease) were collaborating to allow complaints against the Deli as RIOC and HR were negotiating a new lease for the Deli, i.e., PSD was allowing disruptive noise so that RIOC and HR would be in a better negotiating position over the Deli lease - I reported this in the WIRE newspaper.  These wrong judgements and conflicts of interest ignore the Rights of Society, e.g., allow Island House and Eastwood residents to sleep without noise.  The RIRA PSC focused only upon Rights of the Individual and I (and others) said we should strike a balance between the Rights of the Individual vs. the Rights of Society - that is our culture in the US.

The RIRA PSC Co-Chairs only look at this one side.  There is an important other side.

As a brief background, I graduated from NYPD's Police Academy.  As community leaders, NYPD finds it important to educate us because, sometimes, it's really important to understand several sides of an incident, including law enforcement, and that can be most beneficial for the community.

Also, I am trained by NYPD in traffic control and I've worked many events, including Roosevelt Island.  In my experience, there have been cases where motorists are non-compliant and I ask an officer to intervene.  The officer's response, typically, is "You should immediately comply or I'm going to arrest you" - some officers add colorful language for emphasis.

I mention the traffic control because a key point in traffic control is: there's a possibility of injuring and killing people, it is very fast-paced, and safety is the number one priority.  Both motorist safety and (especially) pedestrian safety are important.  In general, IF you (as traffic control) permit it, THEN you are responsible for the consequences.  Here's a relevant example: double parking a delivery truck in front of the Deli is dangerous because it is close to the 560 Breezeway and crosswalk, there are blind areas for traffic, e.g., a bus cutting over two lanes to the left (with oncoming traffic) and going through the crosswalk on the wrong side of the road.  Thus, double parking in front of the Deli is discouraged for traffic safety (pedestrian and motorist) whereas double-parking a truck across of Wholesome Foods is less of a problem.  It is NOT that PSD likes Wholesome Foods and dislikes the Deli, it's that they are two different traffic management problems with the Deli having more safety issues.

As a community, we also care about our residents in the crosswalks, the ongoing complaints about motorists, an almost tragic accident with a car and child by the school, and so on.  Thus, if you see PSD's main concern about safety is addressing this complex traffic management problem (i.e., what us residents want them to do), then it might be easier to see PSD's focus.  Or said differently, if - GOD FORBID - a child were injured and killed because of a delivery truck's unsafe placement, we'd all be screaming about PSD's poor judgement.

In other words, we care about the Rights of Society, along with the Rights of the Individual.

Also, this is NOT about a parking ticket gone wrong, this is about a safety issue that, according to reporting, PSD was trying to address.

Here the delivery driver was not complying with PSD's instructions to address the safety issue, i.e., they wanted her in a different spot.  As an individual, I can't imagine not complying with law enforcement's directive concerning me and my vehicle - I'd image that non-compliance would garner me an arrest, a criminal complaint, a DMV moving violation, and having my car towed.  According to the RIRA PSC Co-Chairs' report, the delivery driver said she parked in one spot earlier in the week, but now that PSD wants her in a different spot, and she feels that she doesn't need to comply with that.  On Saturdays there are 600 vehicles per hour at the 10-11 AM time, i.e., a vehicle every 6 seconds, and there is a farmer's market with lots of pedestrians moving in and out of the Main Street roadway.  The delivery driver has very faulty thinking with that kind of reasoning: it was good a couple days ago, so it must also be good today (wrong!).  The truck driver asked PSD if she could stay as she was almost done, but PSD officers denied that request - and I'm sure PSD officers would have watched her delivery stock so it didn't get stolen while she was repositioning the truck.  Sure, her request might be reasonable from her perspective, but not the PSD officers as they have a bigger problem.  As I said: if you permit the safety hazard, then you own the results.

I believe the RIRA PSC Co-Chair report is misguided on the arrest itself.  It is my belief, based upon the traffic conditions, the video, and reporting from PSD, that the determination to arrest the driver occurred outside, possibly while the driver walking away.  Now with the order to arrest her, I believe the video is showing the officers facilitating arrest.  As I learned from the NYPD Police Academy, 2-3 officers facilitating the arrest is safer than one officer facilitating the arrest.  And once the situation started to escalate, the officers called for back-up - again, normal safety operations.

I also point out that this was not an individual driver (some cranky motorist), but a commercial operation where the driver is part of a fleet.  I cannot imagine that the organization (Frito Lay) or its parent (PepsiCo) believe that it is okay for their drivers to ignore the direction of law enforcement.  In fact, I'm guessing that any operation like this (via corporation management or insurance) would want these kinds of drivers NOT operating a truck - it's unsafe and inappropriate behavior on behalf of a corporation.  It is likely the driver was trained: if you don't follow the direction of law enforcement, it is an immediate termination or reassignment.

There are still many unknowns.  We need confirmation that the determination to arrest occurred outside, and we need to understand what de-escalation techniques (if any) were employed.

In summary, IF you see that a possible outcome of the dangerous placement of a vehicle might mean injury or death to a child, and your reaction to that would be outrage, condemnation, and investigation, THEN your appropriate response is to be supportive of PSD using appropriate judgement, motorist/pedestrian direction, and enforcement to make sure hazardous conditions are mitigated.  This is a focus on the Rights of Society, but also balanced with the Rights of the Individual.

UPDATE 5/13 - If you have any information on this incident, please contact Roosevelt Islander Online and RIRA Public Safety Committee Co-Chair Erin Feely-Nahem.

UPDATE 7:40 PM - The May 11 RIRA Common Council meeting discussed the incident. Here's what happened.

Lawsuit Alleges Mentally Ill Coler Hospital Patient Beaten By Roosevelt Island Public Safety Dep't In May 2014 Returns Next Day To Attack Former Related Mgmt Riverwalk Condo Manager - Also, Homeless Policy Of Catch And Release On Roosevelt Island

According to the NY Daily News:

Man beaten by mentally ill patient on Roosevelt Island: suit http://t.co/UpSTz8vmkg

— Roosevelt Islander (@Rooseveltisland) August 19, 2015

The NY Daily News reports that former Riverwalk Condo Manager for Related Management Gerard Martin alleges:

... he contacted the security force about homeless people congregating in bushes near a children's playground outside Riverwalk and for the first time, the guards asked for him to help rousting the homeless.

One homeless man — beaten by the guards with batons and dragged from the bushes — "locked eyes" with him "while muttering incoherent words,” according to the suit.

Martins thought the man was being taken into custody, but instead, was dumped on a nearby street, despite the fact that the man was wearing clothes bearing stamps from Coler-Goldwater Specialty Hospital, according to the suit.

The man, Gerad Moses, was a mentally ill escapee from the hospital who returned to Riverwalk the next day and savagely beat Martin for up to 10 minutes before running off, the suit said....

and:

... Martin contends that the security force's “catch and release” policy and its failure to notify the NYPD of crimes related to the homeless population created an environment where there was “insufficient security.”...

Click here for the entire NY Daily News article.

In response to my inquiry about the matter, a Roosevelt Island Operating Corp (RIOC) spokesperson said:

No comment other than RIOC has not received lawsuit papers.

Roosevelt Island Public Safety Department Vertical Patrols, Security Cameras, Youth Relationship, Culture, Dog Policy, CERT & More Discussed By Director And Deputy Director With RIRA PSC Committee

The Roosevelt Island Residents Association (RIRA) Public Safety Committee (PSC) hosted a meet and greet session with Roosevelt Island Operating Corp (RIOC) Public Safety Department (PSD) Director Jack McManus and Deputy Director Lynda Marmara last Monday evening (December 15) at the Westview Community Room.

 Image of Director McManus & Deputy Director Marmara at 12/15 RIRA PSC Meeting

Here what happened.

Part 1.

RIRA PSC Chair Erin Feely-Nahem introduced Director McManus and Deputy Director Marmara. Mr. McManus began by introducing Ms. Marmara who was the first Roosevelt Island Community NYPD officer from the 114th precinct. Ms. Marmara spoke about her recent work with the Roosevelt Island Community Emergency Response Team (CERT).



Part 2.

Director McManus reported on Roosevelt Island PSD Vertical Building Patrols. He noted that from January 2014 to date there were a total of 8738 about 15,000 Roosevelt Island PSD Vertical Patrols.

He also reported on issues involving a group of 13-15 year olds congregating inside buildings and causing damage.  Director McManus discussed trying to reach Roosevelt Island youth through family intervention, Roosevelt Island Youth Program/PSD sports participation and mentoring assistance from the Hope Church volunteers rather than making arrests.



Part 3.

Discussion of Roosevelt Island Youth Program athletic activities with PSD Department for young residents. Also, introducing new PSD officers to the community through the media.



Part 4.

Director McManus discusses the security cameras at Motorgate Garage and other Roosevelt Island locations. Resident Frank Farance questioned Mr. McManus regarding the usage and placement of the cameras.



Part 5.

More question on Island House Vertical Patrols. Also, marijuana smoking in hallways and adjoining apartments. Marijuana possession is not a crime but will receive summons, same policy as NYC.



Part 6.

More on Building Vertical Patrols, access to community rooms for kids to congregate instead of roaming hallways or using vacant apartments and Roosevelt Island Youth Program services.

Also negative perception by some of PSD officer who always wears dark shaded eyeglasses and a Roosevelt Island school crossing guard position available.



Part 7.

Discussion of PSD training, disciplinary proceedings, report writing and union representation.



Part 8.

Street lighting and pedestrian and traffic safety near Motorgate garage.



Part 9. Missed a little bit of time between Parts 8 and 9.

PSC Committee member Ike Nahem acknowledged great improvements at Public Safety department over 1 and 1/2 years.

Also discussed were dog off leash and poop collection policy, status of emergency evacuation plan, procedures for making complaints about Public Safety and the culture of Public Safety Department.



Good job by PSD Director McManus, Deputy Director Marmara and the RIRA PSC engaging in a dialogue on important Roosevelt Island Public Safety issues.

Following the question and answer period, the RIRA PSC approved by a 13 to 0 vote a proposed resolution condemning the decision by the Staten Island Grand Jury not to issue an indictment of the NYPD Officer in the choking death of Eric Garner. The resolution will be sent to the full RIRA Common Council for discussion at the January 2015 monthly meeting.

What Is Delaying Release Of Roosevelt Island Public Safety Department Audit? Further Delay Will Only Result In Charges Of Stonewalling And Cover Up Says RIRA Public Safety Chair - NY State Inspector General's Reports On RIOC Management And PSD Still Not Released Either

Image of Roosevelt Island Public Safety Department Shield From RIOC

The Roosevelt Island Public Safety Department (PSD) Audit to review past practices and policies of the Roosevelt Island Operating Corp (RIOC) Public Safety Department was scheduled to be released to the public last July. On several occasions since then, I have asked RIOC President Charlene Indelicato and RIOC Directors

... whether the Roosevelt Island Public Safety Department Audit, which was scheduled to be completed and released to the public in July,  has been completed yet.

If it has been completed, please send me a copy so I can publish on Roosevelt Islander and share with the community. If it has not been completed, does RIOC have any comment on why it is not completed and an anticipated date of completion?

Also, during the September RIRA meeting, you were asked about the NY State Inspector General (IG) reports on Roosevelt Island. At that time, you said you have not seen them yet.

Links to previous IG posts here and here.

Have you seen the NY State Inspector General's Report after the September RIRA meeting and if so, does RIOC have any comment on the IG Reports as well?...

Ms. Indelicato responds that:

don't have any information to give you - will do so when I get some

During the November 7 RIOC Board of Directors Meeting Public Session, Roosevelt Island Residents Association (RIRA) Public Safety Committee Chair Erin Feely-Nahem asked the RIOC Board and President when the Public Safety Audit would be released to the public. Below is that portion of Ms. Feely-Nahem's testimony:

The PSC and myself in no way disregard or downplay what has been accomplished in moving forward around questions of constitutional rights and law enforcement on the Island or your role in that progress. Nevertheless, there are outstanding issues that remain unresolved and are, as it were, sitting in limbo.

 First, there is the unreleased Audit of the PSD, commissioned by RIOC and scheduled to be released this past July.

Although the PSC always questioned the Audit’s scope, which failed to focus on the legacy of abusive practices documented in the civilian complaints presented to the RIOC Board, or indicate in any way that the Officers involved in wrongdoing would be held accountable for their actions, we cooperated and encouraged our activists and victimized residents to be interviewed and participate in the process.

We have always felt that facts, once aired, and in the context of an aroused and organized community would be our greatest ally. It has been our expectation that the results would be, whatever the Audits limits in scale and scope, another factor, in conjunction with an open dialogue with RIOC, leading to positive change away from the dysfunctional policies and procedures identified.

The PSC has for several months now ceded to the RIOC Board, the respect of time. It is now public knowledge that a comprehensive draft was completed, which has been reviewed by the relevant authorities. Where is the final report? We understand that public release of the finalized audit will likely reveal a number of deficits in the structure, policy, and practices of the PSD and thus will probably be embarrassing politically to those in leadership roles during that time period. But it is better to put it out there, let the chips fall where they may, and move on. People want to know what is going on.

The PSC feels that further delay will only result in charges of stonewalling and cover up, and the political price paid will only be higher. At this point we fear that further delay may erode and damage the open and frank reputation that Charlene Indelicato is earning. President Indelicato is making great strides in the right direction with her policy of open dialogue with an easy back and forth being the norm. Only this week, when upon our review of the Public Safety Officer’s contract, to be voted on tonight, a clause was noticed which we felt could be detrimental to the development of a PSD we could all stand behind. When this issue was brought to President Indelicato’s attention, she was open to discussion. That evening I received an email informing me that the clause had been removed. The PSC sees this action as progress and acknowledges and appreciates the willingness demonstrated by both the PSD Officers Union and RIOC to hear our concern and to take appropriate action. Withholding the release of the Audit, a tool necessary for our progress to continue, will only damage and delay the positive relationship that s developing between the community and RIOC....

and the full video of her remarks.




As of today, still no word on when the Roosevelt Island Public Safety Audit and NY State Inspector General's

Image From NY Inspector General

Reports will be released to the public.

What is going on?

Report From RIRA President Ellen Polivy - Roosevelt Island Easter Egg Hunt, Defends Free Speech From Public Safety Department Director's Intimidation And Island Of Art

Image From The Story Of Liberty

Roosevelt Island Residents Association (RIRA) President Ellen Polivy sends the following Report To The Community:

RIRA President’s Column

In this column I am going to talk first about next weekend’s Easter Egg Hunt, then about Public safety and free speech and finally about the Island of Art campaign. This is a cross section of some of our current situations and it may feel strange in their juxtaposition. Some youths and their parents feel unfairly treated by public safety. Their ongoing experiences with officers darken their daily lives and affect their future job prospects. For them our community is not such a good launching pad. It may seem to some glaringly grotesque to talk about the Easter Bunny when anger and hurt abound. But we still need to nurture our children while we fight to protect them. I personally think it is important to celebrate the happy occasions whenever we can. It helps us ride out the unfortunate patches and gives us renewed energy to fight.

Easter Egg Hunt

The RIRA sponsored Easter Egg Hunt is Next Saturday March 30. It will be a grand time for everyone including parents and volunteers. Parents should preregister their children online at go.riraonline.com/easteregg.

We need plenty of volunteers. Opportunities to volunteer are available the week before the event and on the day of the event. On Saturday March 23 from 9am to 3pm we will be organizing the eggs and supplies at 2-4 River Road Community Room. On Saturday March 30 volunteers will gather at 9 am and then again at 12 noon at 2-4 River Road for our instructions.

Volunteers, please bring a shopping cart or wagon if you have one and dress warm. If the weather is bad we will move the entire event into the school. You can volunteer for the whole day or part of the day. Please RSVP to Lynne at SCEeasteregg@RIRAonline.com

You can get your raffle tickets at the farmers market on Saturday.

Thanks to our generous sponsors

We are really pleased that we had such a great outpouring of support from our corporate sponsors. Kudos go to the following vendors for their donations and help:

• Manhattan Park,
• Roosevelt Island Youth Program, Inc.
• Coach Scot’s Main Street Sweets,
• Suzy Perea of nyavonsusy@gmail.com,
• Roosevelt Island Operating Corporation,
• Roosevelt Landings,
• RY Management,
• Riverwalk Bar and Grill,
• Trellis,
• Starbucks,
• Island Kids,
• Fuji East,
• Costco,
• Rachel Marks Photographer,
• Eiji’s Salon ,
• PTA PSIS 217 ,
• Gristedes,
• Nonno's Focacceria & Pizzeria,
• Riverwalk Crossing

RIRA greatly appreciates the generosity of all these organizations.

RIRA also wants to thank Gristedes for its generous grand opening celebration dinner at our last Common Council meeting. Our hungry Council members and visitors enjoyed the wonderful food and drink.

Free speech

I don’t always agree with what people say or how they say it. Some people can be downright vicious , hurtful and bullying in their communications. Much as I wish I could stop them, I cannot. Their speech is protected by the first amendment.

We are fortunate that we live in a country where people don’t get arrested for having opinions and speaking their mind. At least that’s the way it is elsewhere in the country.

On Roosevelt Island we can get arrested for getting verbally upset with a Public Safety Officer, or trying to negotiate a little more time while double-parked or leaving a field, or innocently taking photographs, or speaking up when you see an arrest being made. When Public Safety is involved, it seems speech is called “obstructing government administration” and can leave you psychologically and physically battered.

RIRA’s Careful approach to speech

The RIRA Public Safety Committee (PSC) carefully considers all of its communications and statements to ensure that all official statements are responsible. Official PSC statements have been based on the experiences of committee members and of the survivors of Public Safety abuse. When the committee puts out an official statement, whether in a letter to RIOC, a poster, or a public comment, it has been discussed, composed and voted on by the committee. The Public Safety Committee is a subset of the entire Roosevelt Island Resident’s Association which is made up of representatives of each building.

The Common Council puts out official statements after they have been carefully considered by the larger group of representatives , many of whom are not on the PSC committee. RIRA procedures are put in place to ensure that each decision has careful consideration.

In February, the Common Council voted unanimously to remove the leadership of the Public Safety Department after hearing some very wrenching testimony from the survivors of Public Safety's heavy handed management of situations and bad decisions. We heard situations in which simple traffic stops escalated into arrests and injury. We are in no way saying that all of Public Safety is bad. There are many officers that should be commended, who perform admirably every day providing many services to the community. Nevertheless, we are seriously disturbed by certain patterns of abusive behavior that must stop. And we believe that the condoning of such behavior comes from the top.

The Public Safety Committee statement on Free Speech

The PSC has issued a statement related to the cease and desist letters Public Safety Director Keith Guerra’s attorney sent to the WIRE, the Roosevelt Islander and to one individual who has been speaking out on his own.

The Public Safety Committee of the Roosevelt Island Residents Association resolutely defends our community media, The Main Street WIRE and the Roosevelt Islander Blog, as well as individual Island residents, against frivolous, fraudulent and foolish attempts at "legal" intimidation by the firm of Maloney Law Group, PLLC, at the behest of their client Public Safety Department Chief Keith Guerra.

Mr. Andrew Maloney and Mr. Guerra show as much regard for constitutionally protected press freedom as his department does for the constitutionally protected rights of Island Residents and youth who are harassed or detained and subject to abuse. Guerra's transparent and desperate attempt to suppress open discussion and debate is understandable. Because it is precisely Free Speech, translated into action, that has him and his top leadership isolated amidst rising public opposition.

We vigorously defend the right of all media and individual residents to report in print (on paper and in cyberspace), as well as verbally, the news and facts as they gather them. This type of intimidation will fail to silence us. Free Speech is our constitutional right and the best disinfectant.

Public Safety is Collecting Stories

The PSC needs everyone with stories to speak out now. Email your experiences with Public Safety to
erfn315@gmail.com

Island of Arts

Jim Luce of the successful Orphans International would like to turn Roosevelt Island into the Island of art. Jim explained to me the concept: his team, which includes many Island volunteers, is working closely with Gallery RIVAA to promote via social media all of the Island’s cultural activities to strengthen our island's visibility and beauty.  He hopes to attract visitors to enjoy the arts and possibly make purchases.

We hope to hear more from Jim now that he is again locating on Roosevelt Island. Welcome back Jim. I hope that your team’s social media publicity efforts raise all our boats.

Allegations Of Brutality Leveled At Roosevelt Island Public Safety Department, Twenty Year Old Beaten, Maced, Hospitalized For 7 Days, Mother Not Able To See Him - RIOC Meeting Today To Discuss These Allegations

Reported last January 11 that the Roosevelt Island Residents Association (RIRA) renewed their October 2012 request for the Roosevelt Island Operating Corp (RIOC) to investigate the actions of its Public Safety Department in the handling of a resident's arrest (Video here).

Today's RIOC Operations Committee Agenda includes the following item:

Chair's Motion for Executive Session to Discuss:
... b. Recent Complaint Against the RIOC Public Safety Department

Executive Session means that the discussion will not be open to the public.

It was not the investigation request from RIRA which brought about today's RIOC Operations Committee discussion of complaints against the Roosevelt Island Public Safety Department. It was allegations of Public Safety Department brutality brought to the attention of resident Frank Farance and Mr. Farance sending the following January 24 inquiry to the RIOC Board and Executive Staff. (I have asked RIOC for comment on two separate occasions. They have not replied).

Here is Mr. Farance's January 24 inquiry to RIOC.

To: RIOC Board

A mother contacted me with an incredible story about two weeks ago (2013-01-13, presumably the trespassing entry on the PSD log). According to the mother ...

- The son (a 510 Eastwood resident) was waiting with a friend in the front 510 Eastwood stairwell for another friend to come down (who lived in the back of 510 Eastwood). No drinking/smoking involved.
- Public Safety officers came and the boys ran.
- The son, decided to give himself up since he didn't do anything wrong, was apprehended by PS officers.
- The PS officer asked the boy to get down on one knee, but had difficulty doing with the officer forcing him down, so he asked to do it himself.
- The PS officer maced the boy, smashed his face to the ground (face cut up, broken tooth) and stepped on the boy's back.
- The boy said he couldn't breath.
- When they arrived at PS, the boy complained he couldn't breath. An ambulance was called.
- The boy was taken to Mt. Sinai in Queens. They took X-rays of his lungs, they were filled with fluid. The doctor said: might be pneumonia.
- Mt. Sinai in Queens was out of space, so he was transferred to Mt. Sinai Madison Avenue.
- Again, X-rays of boy's lungs showed they were filled with fluid.
- They pumped 2.5-3 liters of blood from his lungs. A CT scan show fractured ribs and a punctured lung.
- One doesn't contract pneumonia in an hour, these were all a result of his abuse with PS officers.
- It wasn't until a day later that his parents were notified he was in the hospital.
- The mother arrived, but was prohibited from seeing her son. PS officers told the mother: if she attempts to see the son, she will be arrested and summonsed.
- The boy was handcuffed to the bed for five days (Sunday-Thursday), still in the same bloody clothes as he arrived.
- The boy was guarded by round-the-clock PS officers (not NYPD)
- The mother begged to see the son because he was losing fluids and might need a transfusion, but PS would not permit it.
- On Wednesday, the mother was able to see the son briefly.
- The mother asked: what is my son charged with? Answer: loitering/trespassing. She could not understand why he was still handcuffed to the bed if his only charge would be a summons.
- On Thursday, the mother spoke with PSD Chief Guerra, who told her: the District Attorney declined to prosecute.
- Guerra told the mother: Maybe your son learned a lesson(!).
- When the mother went back to PS, Lieutenant Yee told her: I'm sorry your son was so ill, we saved his life by taking him to the hospital. The mother said he was healthy prior, and believes he did not develop pneumonia during his arrest.
- The boy was in the hospital for seven days, he is now in rehab.

A more plausible explanation is: PS was so abusive that they almost killed him, and they stayed with him to monitor to medical progress and prevent information flow to the parents (under the false guise of "in custody") so that they, consistent with Guerra's approach, claim the person was faking their injuries. But it all went horribly wrong.

Can someone explain how PS can just take you away for five days, handcuffed to a bed with only PS officers guarding you 24/7, yet no NYPD involvement?

How does a loitering charge escalate into near-death and such abusive treatment by PS officers?

What is Public Safety's story on this?

Upon learning of these allegations, RIOC Director Michael Shinozaki called for RIOC to investigate this incident.

Again, these are allegations at this time subject to further investigation.

On January 25, I sent the following inquiry to RIOC Acting President Don Lewis, Public Safety Department Director Keith Guerra and the RIOC Directors:

I am following up on email I sent yesterday seeking comment from RIOC regarding the Public Safety incident as described by Frank Farance that is included below.

Does RIOC dispute in any way the account of this incident.

If so, what is incorrect?

I plan on publishing a story about this incident and will include any statement that RIOC wishes to make on the incident?

Please let me know if you do or don't wish to comment.

No reply to date.

A press conference on this incident is scheduled for this afternoon at the Law Offices Of Michael S. Lamonsoff. According to a Press Release from the Lamonsoff Law firm:

INNOCENT VICTIM IS SEVERELY BEATEN AND BRUTALIZED BY THE NOTORIOUS ROOSEVELT ISLAND PUBLIC SAFETY OFFICERS: RESIDENTS DEMAND ACCOUNTABILITY

In a bizarre twist of fate, those that are charged with the protection of Roosevelt Islanders have become the biggest threat to the security of the Island’s residents. The Roosevelt Island Public Safety Department, through their peace officers, are solely responsible for policing the Island’s residents. While they are not members of the New York City Police Department, they are given similar powers in that they can effectuate arrests, use force, detain people, and issue summonses and tickets. Any persons arrested by them are turned over to the local NYPD precinct for processing.

The Island’s peace officers are not held to the same level of accountability for their excesses and abuses as the NYPD. They don’t have oversight groups like the IAB or the CCRB and they are answerable only to the Roosevelt Island Operating Committee Board of Directors who are political appointees. Their unchecked tactics include false arrests, beatings, Miranda rights violations, the imposition of curfews pell-mell, arresting residents who are not carrying picture identification, publicly defaming residents and using baseless, trumped up charges. The victims of these tactics are primarily the Island’s youth, whose futures are put at risk by these tactics. Parents of the Island’s youth fear not only for their children’s futures but also for their physical safety.

On January 13, 2013, 20-year-old Anthony Jones was violently assaulted by the Island’s peace officers. The assault began at 8:00 pm, at an apartment complex at which Mr. Jones and his friends were lawfully waiting for a resident to come out. Suddenly and without any provocation, the officers rushed towards them. They ordered Mr. Jones to the ground, and he complied. Thereafter, without resisting in any manner, he was maced, severely kicked, beaten and then handcuffed.

After having handcuffed Mr. Jones, the officers continued to brutally beat, kick and mace him. Finally, he was taken to a holding cell of the Roosevelt Island Public Safety Department. While being held, Mr. Jones made desperate complaints that he could not breathe. He was taken to the hospital and handcuffed to his bed. At the hospital, doctors determined that Anthony was hemorrhaging blood into his lungs from the brutal beating at the hands of the officers. As a result of the beating, Mr. Jones sustained severe injuries to his lungs, several fractured ribs and teeth, requiring him to be admitted into the hospital for 7 days. Mr. Jones was never charged with a crime nor was he processed by the NYPD.

The Roosevelt Island Public Safety Department and their actions demonstrate a lack of training, regulation and accountability. Their actions are indicative of tactics designed to terrorize a peaceful and law-abiding community into fear and submission.

 The NY Daily News reported late last night:

... Now Jones is planning on suing the Roosevelt Island Public Safety Department Wednesday, charging the NYPD-deputized peace officers are poorly trained thugs who’ve been terrorizing “the peaceful and law-abiding community” they’re supposed to protect.

Jones’ mother, Monica Vega, said the incident happened around 8 p.m. on Jan. 13, when her son and some pals were waiting in front of an apartment building for a friend....

....The incident was caught on numerous cell phone cameras, Vega said....

and shows where Mr. Jones alleges he was beaten by Public Safety Officers behind 20 River Road

Image From Jeff Bachner/for New York Daily News

The issue of how to monitor and investigate complaints against the Roosevelt Island Public Safety Department has been longstanding and unresolved. As reported in this 2010 post:

... Mr. Kellner's bill, (A 10618), will create a New York State Civilian Review Board. According to Mr. Kellner:

When a civilian makes an allegation of misconduct against an officer of the New York City Police Department, both the officer and the civilian know that the complaint will be investigated by a fair and impartial body — the New York City Civilian Complaint Review Board (NYC CCRB). But when there is a dispute over the conduct of an officer employed by one of the many police forces operated by the State of New York, there is no such recourse.

Our state government has created dozens of different police forces, of all shapes and sizes. They do important work, but when there’s a complaint, officers and civilians alike are thrown to the mercy of dozens of different internal review processes—which are often murky and inconsistent. I have introduced legislation to replace this Kafkaesque system with a single, fair and independent civilian review body — the New York State Civilian Complaint Review Board....

Mr. Kellner's legislation has not been enacted into law.

Nothing in the Roosevelt Island Public Safety Report for January 13 listed below

1/13/13 7:00 am to 1/14/13 7:00 am

1/13/13 - 1300 - 2 River Rd. - Noise Complaint - Unfounded - PSD/NYPD on scene.

1/13/13 - 1301 - 566 Main St. - Alarm - Doors and windows secured. PSD/ NYPD on scene.

1/13/13 - 1328 - 546 Main St. - Found Property - Returned to owner.

1/13/13 - 1409 - 625 Main St. - Possible Harassment - PSD on scene/refused NYPD.

1/13/13 - 1900 - 645 Main St. - Illegally Parked Vehicle - Vehicle was towed.

1/13/13 - 1928 - 543 Main St. - Past Aided - Refused medical attention.

1/13/13 - 1930 - 536 Main St. - Trespassing/Resisting Arrest - Two male subjects arrested.

1/13/13 - 2205 - 510 Main St. - Criminal Mischief - UA super notified.

1/13/13 - 2205 - 540 Main St. - littering - UA personnel corrected condition.

indicates the seriousness of this incident.

Will have more from this afternoon's press conference and if RIOC responds to charges.

UPDATE 4:11 PM - Here's what happened during the Press Conference.