The appendix to Chapman and Redd's complaint against the RPD. The title of the appendix is "Additional fact pleadings in support of Monell claims: 'Contempt of Cop' and 'Cover Charge' arrests."
Affidavit from Spencer L. Ash, City of Rochester attorney, dated November 7, 2014. in response to Mr. Warr's motion to compel the City to release discovery material for his case.
Submitted by T. Forsyth / thanks to Davy V. for the photo on Wed, 2015-02-18 17:34
On December 23, 2014, a press conference was held where it was announced that Crystal Chapman, on behalf of her son Raliek Redd, filed a civil rights lawsuit in state court charging that the City of Rochester and several named officers including the name of the arresting officer, Eliud Rodriguez, violated Mr. Redd's constitutional and civil rights. Ms. Chapman and her son are represented by Elliot Dolby-Shields.
Mr. Redd and two other Edison Tech student athletes--Wan'Tauhjs Weathers and Daequon Carelock--were arrested on November 27, 2013, (the day before Thanksgiving) around 9:00am, while they were waiting for a bus to take them to a basketball scrimmage at Aquinas high school. The charges were dismissed on December 3, 2013.
The complaint filed by Crystal Chapman, the mother of Edison Tech student athlete Raliek Redd, against the City of Rochester and the Rochester Police Department. Redd, and teammates Wan'Tauhjs Weathers and Daequon Carelock, were arrested on November 27, 2013 (the day before Thanksgiving), while they were waiting for a bus to take them to a basketball scrimmage at Aquinas High School.
Also, long-time local activist and organizer, husband & father, Flying Squirrel collective member and B.L.A.C.K. (Building Leadership And Community Knowledge) member Ricardo Adams received the Neighborhood Warrior Award for 2015.
On Monday, February 2, 2015, the courtroom slowly filled as court got underway. The weather was less than cooperative, meaning some supporters were not able to get to court, as a half a foot to over a foot and a half of snow fell over the greater Rochester area the previous evening and would continue throughout the day with gusting winds and white-out conditions.
Sister Grace wasn't even sure if court would be held because of the weather.
However, the wheels of what passes for “justice” didn't stop on account of bad weather.
On January 28, 2015, the Rochester Coalition for Police Reform (CPR) held a press conference announcing CPR-created policy recommendations for the use of police body worn cameras (BWCs).
"Prior to the killing of Michael Brown in Ferguson, MO, and afterwards, the United Christian Leadership Ministry and the Rochester Coalition for Police Reform held several meetings with Mayor Warren, City Council President Loretta Scott, and City Council Public Safety Committee Chairman Adam McFadden to explore ways of improving community / police relations," said Rev. Lewis Stewart, co-chair of CPR. "In our own metropolitan area, Gates has body cameras but has no coherent policies; Greece lacks cogent policies--without policies, you may as well not have any body cameras."
Watch the press conference from January 28, 2015
The policy recommendations were forwarded to the Rochester Police Department, Mayor Lovely Warren, and members of Rochester City Council for consideration as they work toward a policy regulating the use of BWCs in Rochester.
Tucked away in a remote corner of downtown, facing the back side of the Geva Theatre and surrounded on all sides by parking lots, stands this unassuming brick house. In downtown Rochester there are several lonely buildings like this one, still hanging on long after its neighbors have all been read their last rites.
I admire old little structures like this. Maybe it doesn’t have a glamourous story to tell. But it’s stuck it out for the last 150+ years – from Rochester’s boom, all the way through the toughest times this rusty city could throw at it. Whenever I’ve visited Geva Theatre I’ve taken notice of this one and wondered if it would find new life…
On the morning of January 6, 2015, Sister Grace Miller of House of Mercy, Tom Malthaner of St. Joseph's House of Hospitality, and Ryan Acuff of House of Mercy, stood before City Court Judge Thomas Rainbow Morse asking him to dismiss their trespassing charges in the furtherance of justice.
Nearly 80 supporters flooded the court. The judge ordered the doors to the court open so that people in the hallway could listen in as every seat in the courtroom was filled.
“We have a higher authority. And our authority tells us—go on—continue the fight for the homeless and we will continue to do that,” said Sister Grace after court to gathered supporters. “We're doing it with your support. And your support means so much to us. We can't thank you enough for being here.”
According to motion papers released by Sister Grace, Mr. Malthaner, and Mr. Acuff, represented by Edward Hourihan of Bond, Schoeneck & King, PLLC, “[The p]rosecution of the defendants would result in a supreme injustice. An examination of these factors [ten factors that must be met in order for the judge to consider dismissing the charges] as applied to Sister Grace, Malthaner, and Acuff shows that prosecution of these individuals would do nothing more than punish these advocates for those in the community who are the neediest and whose voices are not heard.” The document continued, “Moreover, prosecution of them would fail to address the real victims here—the homeless who were kicked out of the Civic Center Garage and literally forced out into the cold.”
“Homelessness is not an intractable problem in Rochester,” said Mr. Acuff to those gathered. “We can solve it but we need to keep going; whatever our barriers we need to get around them and as long as we're in this together, we can solve it.”
Sister Grace Miller, Tom Malthaner, and Ryan Acuff address supporters after court
Benny Warr attacked by police On May 1, 2013, Benny Warr, a disabled, African American man, was waiting for a bus at the intersection of Jefferson Avenue and Bartlett Street in his motorized wheelchair. As he waited, a Rochester Police Department (RPD) cruiser rolled up and officers got out and started telling people to move on.
According to an interview conducted on local radio station 96.5FM WCMF, former Chief of Police James Sheppard said that the officers were tasked with “clearing the block” because the RPD works “very closely with the Jefferson Avenue Business Association.” However, while people were outside enjoying a nice evening and inadvertently exercising their Constitutional rights, the police acted on the alleged agitation of the business association. According to the chief, “what they [the businesses on Jefferson Ave.] don't want is when you have these clusters of people that are hanging out and selling dope—it kills business.” The RPD apparently took orders from the business association that made it criminal to be on the sidewalks congregating—even though, according to James Muhammad of the Jefferson Avenue Business Association at a community rally in support of Mr. Warr on May 18, 2013, “We did not give the police the task to do what they did.”
According to the chief, “what they [the businesses on Jefferson Ave.] don't want is when you have these clusters of people that hanging out and selling dope—it kills business.”
Former Chief of Police James Sheppard on 96.5FM WCMF
Arrest reports from Rochester Police Department officers Joseph “Joey” M. Ferrigno II, Anthony “Rock” R. Liberatore, and Sergeant Mitchell “Big Face” R. Stewart II. Also included, in an internal document about officer Liberatore's use of an "untrained technique": his elbow hit to Mr. Warr's head.
Here is the Civilian Review Board legislation currently used in the City of Rochester passed in October of 1992 and brought to Council by City Councilmember-at-Large Wade S. Norwood. More than 22 years after the legislation was implemented, Mr. Norwood had no comment when asked how effective he thought he legislation was.
Attorney Charles F. Burkwit, representing Benny Warr, logged the video from the City of Rochester blue light camera surveillance footage of officers Joseph “Joey” M. Ferrigno II, Anthony “Rock” R. Liberatore, and Sergeant Mitchell “Big Face” R. Stewart II brutalizing and arresting Benny Warr. See the log by clicking the .pdf link.
In the above .pdf, Attorney Charles F. Burkwit, representing Mr. Benny Warr, blasts the concluded investigation conducted by the Professional Standards Section of the Rochester Police Department into the brutality suffered by Mr. Warr at the hands of officers Joseph “Joey” M. Ferrigno II, Anthony “Rock” R. Liberatore, and Sergeant Mitchell “Big Face” R. Stewart II on May 1, 2013.
The above .pdf is the concluding summary from Professional Standards Section of the Rochester Police Department's internal investigation of--from their perspective--the "alleged" attack on Benny Warr by officers Joseph “Joey” M. Ferrigno II, Anthony “Rock” R. Liberatore, and Sergeant Mitchell “Big Face” R. Stewart II.
Affidavits from La'Shanda Flowers, Tache Young, and Derrick Latham regarding what they saw when Benny Warr was attacked by Rochester Police Department officers Joseph “Joey” M. Ferrigno II, Anthony “Rock” R. Liberatore, and Mitchell “Big Face” R. Stewart II on May 1, 2013.
This .pdf contains relevant parts of a Professional Standards Section (internal investigations) of the Rochester Police Department stenographic interview with Anthony “Rock” R. Liberatore with regards to the investigation looking at the allegation against officers of force/procedure in the case of Benny Warr. It is dated June 10, 2013.
This .pdf contains relevant parts of a Professional Standards Section (internal investigations) of the Rochester Police Department stenographic interview with Joseph “Joey” M. Ferrigno with regards to the investigation looking at the allegation against officers of force/procedure in the case of Benny Warr. It is dated June 13, 2013.
The quote below (according to the incident summary provided by Attorney Charles F. Burkwit, representing Benny Warr) explains the aerial photographs in the .pdf file above of the area where Benny Warr was assaulted by Rochester Police Department officers Joseph “Joey” M. Ferrigno II, Anthony “Rock” R. Liberatore, and Sergeant Mitchell “Big Face” R. Stewart II.
Rochester Indymedia is now requiring editor approval for account creation.
We came to this decision after we had repeated spam posted to our website that caused difficulty with the website's functioning. We will still have open publishing and keep our site as nonrestrictive and accessible as possible.
If you have any questions or concerns, please feel free to contact us. As before, we will continue to be Rochester's grassroots news and education site. Thank you for your continued support and remember, "Don't hate the media, be the media!"
![Tucked away in a remote corner of downtown Rochester, facing the back side of the Geva Theatre and surrounded on all sides by parking lots, stands this unassuming brick house. [PHOTO: RochesterSubway.com]](http://www.rochestersubway.com/images/photos/st-marys-place-01.jpg)
![A developer has asked the City to allow him to demolish this one holdout to make room for a few more parking spaces. [PHOTO: RochesterSubway.com]](http://www.rochestersubway.com/images/photos/st-marys-place-02.jpg)