Yusef Bunchy Shakur: Restoring the Neighbor Back to the 'Hood
On January 29, 2015 Yusef Bunchy Shakur spoke at the Flying Squirrel Community Space in Rochester, NY about the "Restoring the Neighbor Back to the 'Hood" movement and how communities in Rochester can begin to come together and support each other!
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.
Check out some of Yusef's writing regarding his experience at a tent city for the homeless in Detroit: Tinsel-Town: Black Eye for white Mayor of Detroit
Related stories: An Open Letter From Black revolutionary Assata Shakur | What rights? Police brutality in Rochester--a panel | Macnore “Damico” Cameron on the phone about his arrest in Ferguson, MO | Black Rose Anarchist Federation Statement and Video on #BlackLivesMatter Movement | URMC medical students participate in national action: #WhiteCoats4BlackLives | A walkthrough of Vonderrit Myers' killing | "The Whole Damn System is Guilty!" From Rochester to Ferguson -- a community report back | No Justice, No Peace--a response to the non-indictment of Darren Wilson | Black Lives Matter March & Rally @ UR: a response to the Ferguson grand jury decision | Ferguson Response Press Conference hosted by UCLM & CPR | Spontaneous protest in response to Wilson non-indictment | Ferguson Revolutionary Community Organizers Speak! | The Results Are In: An Open Letter from Protestors on the Grand Jury Decision (11.24.14) | Huey Jakhi on the role of women in the movement | Huey Jakhi speaking on "a real dirty devil" in St Louis | Huey Jakhi on life, liberation, and oppressive systems | Reign on white supremacy and police in St. Louis | Revolutionary community organizer Reign speaks! | The Injustice Freak Show | Black Lives Matter: Die-in at Delmar Loop in St. Louis | Ferguson organizers interviewed | "They think it's a game, they think it's a joke!" Ferguson organizers speak!
Motion to dismiss charges against homeless advocates denied
City Court Judge Thomas Rainbow Morse denied the motion of three homeless advocates to dismiss their charges in the furtherance of on justice. Sister Grace Miller, Tom Malthaner, and Ryan Acuff were charged with criminal trespass in the third degree after being arrested on September 15, 2014, in a second floor office in the Monroe County building on Main Street as they were attempting to reschedule a meeting with Commissioner of Human Services Kelly Reed from September 9, 2014 that had been abruptly canceled by the county.
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.
The case against homeless advocates, Sister Grace Miller of House of Mercy, Tom Malthaner of St. Joseph's House of Hospitality, and Ryan Acuff of House of Mercy, got underway at 9:51AM. The judge wasn't able to send his written decision to the attorneys that morning because he said he was busy “digging out his driveway,” as many of those present were also doing before court.
Sister Grace and Mr. Malthaner approached the judge with their lawyer. The judge asked where Mr. Acuff was.
“My client is in South America, your honor,” said Edward Hourihan, representing the three advocates. "He's on a mission of mercy."
“We're going to adjourn to a later date on this. I've denied the motion to dismiss the charges in the furtherance of justice,” said Judge Morse. “We need to set a date and figure out what's next; I believe the ACD [adjournment in contemplation of dismissal] is still on the table.”
Judge Morse said that he would rather deal with the case, than wait for Mr. Acuff's return as it wasn't fair to Mr. Hourihan's other two clients.
“Mr. Acuff has two weeks to come to court,” said the judge. “I will consider revoking his release and take him into custody if I do not see him in two weeks.”
The judge's voice began to rise as he focused on the fact that Mr. Acuff was not in his court and instead somewhere in South America. “That he would have the chutzpah to leave the country, rather than ask permission—if he's not here in two weeks I will issue a warrant for his arrest!”
“Sooner or later he's got to answer to me!” growled the judge.
Mr. Hourihan and his clients said nothing to agitate the judge further.
“If he does not return in 30 days, he will be charged with bail jumping!” The judge went on, “I am not at all pleased that Mr. Acuff believes himself to be above the law.”
With regard to one being "above the law," Judge Morse's anger at Mr. Acuff and his ideal of the law doesn't seem to mold evenly when it comes to Monroe County and the City of Rochester and their lack of action regarding the homeless. The county has denied its legal responsibility to the poor and homeless, as stated under Article 17 of the New York State Constitution. The City of Rochester completely demolished a homeless encampment—Sanctuary Village—on December 20, 2014 and destroyed individuals' personal belongings. Yet, when homeless advocates demanded that the county abide by the laws governing it and reschedule a meeting they had abruptly canceled without reason and also demanded that the individuals responsible for the destruction of other peoples' shelter and property be held accountable, the so-called law didn't apply. County and city officials were suddenly “above the law.” No one was held responsible. No arrest warrants have been issued. No court dates have been scheduled for their crimes. The double standard is stark.
But I digress.
The judge concluded his admonition with, “We all make our choices and those choices have consequences.”
Judge Morse then noted that the charge of criminal trespass in the third degree “may be insufficient on its face as the building was not fenced off and closed.” He acknowledged another lawyer in his court who had brought the case of People v. Moore to his attention.
The charge was reduced to trespass, a violation, for the three defendants.
The defendants, two of them at least, are due back in Judge Thomas Rainbow Morse's court on Monday, February 9, 2015, at 9:30AM. Mr. Acuff has two weeks to come to court or a warrant for his arrest will be issued. If he does not come back to court in 30 days, the judge is considering adding a bail jumping charge to his case, a misdemeanor.
The case was adjourned until the following Monday.
After court, Mr. Hourihan appraised the situation with 10 or so supporters. “We have some options. We can file new motion papers to have the reduced charges dismissed or we can take the six month ACD. I want to see his decision on the motion before we make any decisions.”
“I feel like we got a lot of milage out of this case. We have a lot of work to do and we don't need to be stuck in court,” said Sister Grace.
Those gathered outside of Judge Morse's court quietly dispersed.
See below for a timeline of events, court documents, what you can do, and related stories. When Rochester Indymedia receives the court's decision regarding the judge's denial of the motion to drop the charges in the furtherance of justice, we will share that document here.
Timeline of events:
Date: |
Event: |
February 9, 2015 | The defendants' next scheduled court date before Judge Thomas Rainbow Morse, 9:30AM. |
February 2, 2015
|
The motion to dismiss the charges in the furtherance of justice is denied by Judge Thomas Rainbow Morse. Ryan Acuff is out of the country and has two weeks to get back to court or a warrant for his arrest will be issued; if Mr. Acuff is not back in 30 days, the judge is considering adding the charge of bail jumping to his case. The charge of criminal trespass in the third degree, a misdemeanor, has been reduced to simple trespass, a violation. |
January 6, 2014
|
Sister Grace Miller, Tom Malthaner, and Ryan Acuff attended a motions hearing before Judge Thomas Rainbow Morse regarding their criminal trespassing charges from September 15, 2014. |
December/January 2014/2015 |
The City of Rochester claimed it had to “remove” Sanctuary Village because it was a health and environmental hazard. Commissioner Norman H. Jones called it an “unheated cesspool of filth, hypodermic needles and human waste and urine.” A “testy exchange” between Mayor Warren and a man from Chili was had; the Mayor's office said that her Twitter and Facebook accounts had been hacked and denied that she wrote the texts. Jenny Brongo filled a dump truck with hope (video coming soon!)—full of goods for the homeless—and delivered it to them at Sanctuary Village. The House of Mercy put out a call for funds so that they could buy a building to house the overflow of homeless people. The organization brought in over $80,000 to develop, staff, and fund a new shelter. People dropped off coffee, food, a Christmas tree, clothing, jackets, blankets, sleeping bags, and so much more. There was an astounding response from every day people who reached out to help. Ken Glazer donated a temporary building for shelter on Canal Street. Final renovations are being done on the Glazer building and people hope to move into it by the end of January. |
December 20, 2014 |
Sometime around 10:30AM, a Bobcat front loader, around twenty-five workers from the City of Rochester's Department of Environmental Services, a roll-off dumpster, a rather large, yellow bulldozer, and a bunch of city trucks arrived with orders to destroy Sanctuary Village and clear the land. Commissioner Norman H. Jones of the Department of Environmental Services for the City of Rochester arrived to oversee how things were going. At one point he told a group of stunned people arriving with goods to drop off that the belongings of the homeless were being put into a “roll-off storage container” and preserved. Rochester Indymedia was on the scene during the destruction. Nothing was saved. The director of the Bureau of Operations and Parks, Karen St. Aubin, was also on the scene and refused to talk to the media. City officials and workers left around 4:00PM with most of Sanctuary Village hauled off in a dumpster. The personal belongings and identification cards of the homeless were destroyed. The video of the destruction went viral The City of Rochester received a lot of bad publicity five days before Christmas. That night, Sanctuary Village was re-created in the same spot. |
December 19, 2014
|
Social workers and shelter representatives came to Sanctuary Village in the evening offering people a warm shelter for the cold night ahead. A couple of Rochester Police Department officers mingled with the crowd. Of the 35 or so people there, all but seven went to a warm shelter for the night. People were told that this was temporary and that they were free to come back the next day. There was also, at least, a tacit understanding among some of those gathered that they may have to relocate by December 28, 2014. |
November 2014 |
The Coalition of Concerned Residents of Monroe County continued to meet every Monday to discuss strategy and next steps. Eventually, the City of Rochester asked Sanctuary Village to move to the east side of the Frederick Douglass-Susan B. Anthony Memorial Bridge. The village vacated Washington Square Park and moved under the bridge. Also in November, Sister Grace Miller and Harry Murray participated in a panel discussion titled: Vulnerable Populations/Critical Populations: The criminalization of poverty, homelessness, and dissent; Cheri Honkala, from the Poor People's Economic Human Rights Campaign, spoke in Rochester at a panel discussion titled, Stories of Survival & Resistance. |
October 20, 2014 |
Sanctuary Village (a tent city for people without housing) was created in Washington Square Park in downtown Rochester, NY as a protest against the city's and county's lack of action regarding the homeless emergency. |
September 15, 2014 |
Housing advocates demonstrated at the Monroe County Building. They demanded a meeting with County Executive Maggie Brooks. Sister Grace Miller, Tom Malthaner, and Ryan Acuff eventually moved to the second story of the building to see if they could reschedule their abruptly canceled meeting with Commissioner Kelly Reed from September 9 after being stone-walled by the head of Public Safety for Monroe County David Moore. The three were arrested and charged with criminal trespass in the third degree. They were arraigned the next day. All plead not guilty. Another open letter was published explaining the arrests. One section reads, “You cannot put handcuffs on the spirit of compassion, generosity, and justice.” |
September 9, 2014 |
Another open letter was published by the Coalition of Concerned Residents of Monroe County alerting the community to the fact that Monroe County had abruptly called off a scheduled meeting that was to have happened with homeless advocates and seven county officials. According to the letter, “The County claimed that it was unnecessary to meet and there were no plans to reschedule. Commissioner Reed claimed she would send Sister Grace Miller from the House of Mercy two links to outside funding sources missing the whole point of the meeting (To date, those links were never sent).” |
August 26, 2014 |
The Coalition of Concerned Residents of Monroe County published an open letter to the Monroe County and New York State reminding the county of its obligation to homeless people under Article 17 of the New York State Constitution. Part of the letter read, “We implore you to reverse the lock out of homeless persons from the Civic Center Garage until Monroe County puts into place a permanent plan to house all homeless.” The letter notes that Commissioner Kelly Reed acknowledged that the shelters are “often full.” |
August 20, 2014 |
After 30+ years of the Civic Center Garage being used as a de facto temporary emergency shelter, the LDC decided to enforce measures to keep homeless people out. A group of advocates demonstrated against the closure by conducting a sleep-in for nearly a week. |
January 9, 2014 |
Monroe County attempted to close the Civic Center Garage to homeless people during one of the worst winters in Rochester history; advocates, supporters, and homeless people showed up at the local development corporation (LDC) meeting (the group that runs the garage) demanding that they stop this immoral action. |
Court documents: (Read the affidavits from the defendants and check out the memorandum of law submitted to the court motioning for a dismissal of the charges in the furtherance of justice.) court documents re: homeless advocates
TAKE ACTION: Donate to A Home for Sanctuary Village (help purchase a house for the homeless with House of Mercy) | Sign the petition! HALT THE EVICTION AND SUPPORT THE HOMELESS OF SANCTUARY VILLAGE IN ROCHESTER, NY
Related stories: Homeless advocates look to judge to dismiss trespass charges | "Sanctuary" Photojournalist Arleen Hodge shares from Sanctuary Village | City of Rochester Disposes of Citizens ID's and Other Belongings | Homeless displaced again as City destroys tent city | Stories of Survival & Resistance: a night with Cheri Honkala | Vulnerable Populations/Critical Populations: The criminalization of poverty, homelessness, and dissent | Open letter & video statements from arrested homeless advocates protesting county policies | County Suddenly Breaks off Dialogue With Homeless Advocates | Open letter to Brooks regarding homeless crisis | Sit-In Support at the Civic Center Garage against homeless lock-out | Sister Grace and CW of House of Mercy | 13 Rochesterians | Precarious housing for homless continues at county garage... | "The Throwaways": discussion after the screening | The Deplorable, County-made, Reality of Burials Without Dignity
Judge Thomas Rainbow Morse
Police reform group makes policy recs to city for body cameras
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.
CPR created the recommendations over the course of several months and many meetings.
"This is a process that took several months where we reviewed other policies across the U.S. We looked at white papers and guidance from different legal experts on body cameras and took into consideration the unique needs that we have in Rochester," said KaeLyn Rich, co-chair of CPR. "We came to consensus on these recommendations for body worn camera policy in the city of Rochester."
There was some tension in the group regarding the creation of the policies. That tension fluctuated between policy that was likely to be adopted by the city and policy that was too one-sided.
"It is not a magic bullet. However, we view police body cameras and police dashboard cameras as significant tools to reshape overall police / community relations," Rev. Stewart said. "The guidelines that we have developed cover categories from activation to privacy, retention, and civilian oversight as well as others."
View the CPR-created body worn camera recommended policies
CPR's goals related to the use of body worn cameras are 1) they reduce crime, 2) they reduce excessive use of force by the police, 3) they improve relationships between the police and the community, 4) they provide safety for the public as well as the police through police accountability, 5) the cameras provide the opportunity for the public to file claims against officers who perpetrate dehumanizing, racist behaviours, and use excessive force against them, and 6) the cameras are good for officers and the city.
"We have an opportunity to help set model policy if the city were to implement some of the suggestions we make here," said Ms. Rich. "One of the challenges of body cameras, as we acknowledge that this technology may be a win-win for everyone, is that in looking at body camera policies across the U.S. we found that very few of them have any policy at all."
CPR is currently developing the Community Safety Agenda using the Community Safety Act of New York City as a model of a law that was passed a little over a year ago. Aside from police body worn cameras, CPR's Community Safety Agenda also includes the creation of an independent civilian review board with subpoena power and investigative authority, the end of stop and frisk policies, which includes ending racial profiling, a right to consent to search policy, and anti-racism training for officers.
The press conference was held at Downtown United Presbyterian Church.
Related Information: Exonerating police misconduct: no accountability in Benny Warr case | What rights? Police brutality in Rochester--a panel | Macnore “Damico” Cameron on the phone about his arrest in Ferguson, MO | Black Rose Anarchist Federation Statement and Video on #BlackLivesMatter Movement | URMC medical students participate in national action: #WhiteCoats4BlackLives | A walkthrough of Vonderrit Myers' killing | "The Whole Damn System is Guilty!" From Rochester to Ferguson -- a community report back | No Justice, No Peace--a response to the non-indictment of Darren Wilson | Black Lives Matter March & Rally @ UR: a response to the Ferguson grand jury decision | Ferguson Response Press Conference hosted by UCLM & CPR | Spontaneous protest in response to Wilson non-indictment | Ferguson Revolutionary Community Organizers Speak! | The Results Are In: An Open Letter from Protestors on the Grand Jury Decision (11.24.14)
Little House in the City
original article: http://www.rochestersubway.com/topics/2015/01/little-house-in-the-city/
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…
But in this town it seems there’s no winning. No point at which a place like this is safe from the encroaching asphalt tide. A developer has asked the City to allow him to demolish this one holdout. He wants to clear it to make room for a few more parking spaces for his nearby properties, including these new Geva lofts.
Rochesterians have fought the wrecking ball several times in recent years – mostly in vain. I suspect there’ll be no fight this time though. No petitions, no headlines, no big debates at City Hall.
This building is not protected by any historic registry—and probably not even eligible for listing. It’s had an ugly addition mashed onto the front, and it’s missing much of its interior, its windows, and trim.
What’s more, the developer, Patrick Dutton, has worked to rehabilitate many older buildings in Rochester; including 1 Capron and most recently the former RIT Bevier Building. I was unable to reach Patrick this weekend for comment. But certainly anyone with his track record has earned the benefit of the doubt from the local preservationist community – myself included.
Of course none of these things mean this house couldn’t be spared, cleaned up, and restored to some degree. Being the last remaining house like it in downtown’s Washington Square Park Neighborhood should be worth something, I would think.
I could see the grounds being landscaped and turned into a corner pocket park. The house could even be converted into something like a sandwich & ice cream shop with some outdoor seating for the new loft residents and theater-goers.
Alas, winter’s grip tightens over this place and its days are numbered. But for now it stands here, inviting me to think about what this neighborhood was once like – and what downtown could be again. For that I thank you, little house.
Homeless advocates look to judge to dismiss trespass charges
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
The three advocates were arrested on September 15, 2014, in a second floor office in the Monroe County building on Main Street as they were attempting to reschedule a meeting with Commissioner of Human Services Kelly Reed from September 9, 2014 that had been abruptly canceled by the county. While the three were waiting to meet with county officials to reschedule their meeting with Reed, Monroe County Sheriff's deputies appeared and told the advocates that if they didn't leave the office, then they would be arrested.
None of the three understood why they were being asked to leave a public office attempting to reschedule a meeting that was abruptly canceled by the county. None of them were informed that they couldn't go to the second floor and attempt to get redress for their grievances from public officials.
Sister Grace refused to leave as did Mr. Malthaner. They were both arrested. Mr. Acuff followed the officer's order and left the office. He removed his cell phone and began to tape events from outside of the office. In his affidavit, dated December 10, 2014, Mr. Acuff stated that, up to that point in the events leading to his arrest, “No one ever instructed me to leave the second floor.”
Mr. Acuff stated in his affidavit that the officer then told him to leave the second floor. He complied with the order and was “walking backward toward the stairs and videotaping the events, I was suddenly charged and tackled by the same police officer.”
He recounted that as he was being tackled and forced onto his stomach, the deputy said, “The game's over.” In his affidavit, Mr. Acuff said, “At no point was this ever a game to me.”
Sister Grace Miller, Tom Malthaner, and Ryan Acuff were all arrested and charged with criminal trespass in the third degree. They were arraigned the next day. The January 6 motions hearing was the first time they were in court since their arraignment.
“The thing that we really need now is for you to express to the city and the county your concern about the homeless situation here in Rochester,” said Mr. Malthaner after court. “We need the people to really write letters, call the mayor, and call the county executive, and say we got a a real problem here in Rochester with homelessness.”
Mr. Hourihan, representing the three defendants opened with a request for the charges against his clients to be dismissed in the furtherance of justice. He addressed each of the 10 factors the court must consider when deciding to grant a dismissal in the furtherance of justice.
According to motion papers submitted by Mr. Hourihan, “Under the landmark case People v Clayton, the court must consider 10 factors in exercising its discretion, which are now codified at CPL 170.40.” Those 10 factors include, “the nature of the crime, the available evidence of guilt, the prior record of the defendant, the punishment already suffered by the defendant, the purpose and effect of further punishment, any prejudice resulting to the defendant by the passage of time, and the impact on the public interest of a dismissal of the indictment.”
Mr. Hourihan went on to describe the defendants' community building work, exemplary personal records, and their advocacy for the poor and homeless in Rochester. He explained to the judge that on any given night, there are over 1,000 homeless men, women and children in shelters or sleeping on the street. He talked about the closing of the Civic Center Garage and how on average 30 to 50 people had used it as shelter on any given night. When it closed, they too were pushed into the cold with few if any options. As he started in on the statistics, like Rochester is the fifth poorest city in the country, second poorest among comparably sized cities, and its school district os the poorest in Upstate New York and the entire state, the judge interrupted him and told him to stop.
“I don't need you to quote me the statistics,” said Judge Morse. He said that he had seen the reports and read the brief submitted by Mr. Hourihan.
“I would submit,” said Hourihan, “based on these facts, that the charges against my clients should be dismissed.”
Assistant Monroe County District Attorney Shani C. Mitchell, representing the people of New York, said, “This case is about the law—the defendants were given the opportunity to voice their displeasure regarding the closure of the Civic Center Garage. When they didn't get their way, they began to roam the halls of the building. They were asked to leave. They refused to do so.”
ADA Mitchell said that the defendants refused to take a plea deal in the form of adjournment in contemplation of dismissal (ACDs). “We need confidence in the criminal justice system,” she said. “If this case is dismissed, then every other social justice issue can be argued in the same way with the same outcome and people would get off without any consequence for their actions.”
Judge Morse raised the names of some historical social justice figures like Henry David Thoreau, Nelson Mandela, Dr. Martin Luther King Jr. and others. He recalled that being a child of the 1960s he had had some experience with social justice causes. “I did a little of my own legwork back then,” said the judge. “None of us expected to get a pass.” He then questioned Mr. Hourihan as to why an ACD wasn't sufficient for dismissal of the charges in six months rather than now with a dismissal in the furtherance of justice. “Why is not that an alternative?” he asked.
Mr. Hourihan restated the argument he had presented before the judge. No one was injured and no property was destroyed. The defendants were in a public building with legitimate business. In no way were they entering fenced off property where they were explicitly unwelcome. No deception or deviousness was used. The defendants were not at the county building acting for their own benefit, but rather, they were there to advocate for the homeless. Mr. Hourihan spoke about the different reasons people find themselves homeless. He talked to the judge about the defendants' moral and ethical imperatives to act on behalf of the homeless and the poor who are seen by those in power as a nuisance or worse. “The larger conduct is important,” he said.
The judge then asked ADA Mitchell, “What's the difference? Why not do this today, rather than wait six months? The outcome is the same, the charges are dropped.”
ADA Mitchell responded by saying, “We offered the ACDs to give us six months to see if the defendants have any more problems with the law. It gives the people the right to bring the charges back.”
Judge Morse concluded the hearing letting both sides know that they had till that Friday to turn in any more supporting documentation. He would either make a decision and rule on the matter in February or they would set a trial date.
The three are due back in Judge Thomas Rainbow Morse's court on February 2, 2015 at 9:30AM for his ruling on the motions and the setting of a potential trial date.
Timeline of events:
Date: |
Event: |
February 2, 2015
|
This is the defendants' next scheduled court date before Judge Thomas Rainbow Morse. The judge stated on January 6 that he would decide on the motions and set a trial date if needed. |
January 6, 2014
|
Sister Grace Miller, Tom Malthaner, and Ryan Acuff attended a motions hearing before Judge Thomas Rainbow Morse regarding their criminal trespassing charges from September 15, 2014. |
December/January 2014/2015 |
The City of Rochester claimed it had to “remove” Sanctuary Village because it was a health and environmental hazard. Commissioner Norman H. Jones called it an “unheated cesspool of filth, hypodermic needles and human waste and urine.” A “testy exchange” between Mayor Warren and a man from Chili was had; the Mayor's office said that her Twitter and Facebook accounts had been hacked and denied that she wrote the texts. Jenny Brongo filled a dump truck with hope (video coming soon!)—full of goods for the homeless—and delivered it to them at Sanctuary Village. The House of Mercy put out a call for funds so that they could buy a building to house the overflow of homeless people. The organization brought in over $80,000 to develop, staff, and fund a new shelter. People dropped off coffee, food, a Christmas tree, clothing, jackets, blankets, sleeping bags, and so much more. There was an astounding response from every day people who reached out to help. Ken Glazer donated a temporary building for shelter on Canal Street. Final renovations are being done on the Glazer building and people hope to move into it by the end of January. |
December 20, 2014 |
Sometime around 10:30AM, a Bobcat front loader, around twenty-five workers from the City of Rochester's Department of Environmental Services, a roll-off dumpster, a rather large, yellow bulldozer, and a bunch of city trucks arrived with orders to destroy Sanctuary Village and clear the land. Commissioner Norman H. Jones of the Department of Environmental Services for the City of Rochester arrived to oversee how things were going. At one point he told a group of stunned people arriving with goods to drop off that the belongings of the homeless were being put into a “roll-off storage container” and preserved. Rochester Indymedia was on the scene during the destruction. Nothing was saved. The director of the Bureau of Operations and Parks, Karen St. Aubin, was also on the scene and refused to talk to the media. City officials and workers left around 4:00PM with most of Sanctuary Village hauled off in a dumpster. The personal belongings and identification cards of the homeless were destroyed. The video of the destruction went viral The City of Rochester received a lot of bad publicity five days before Christmas. That night, Sanctuary Village was re-created in the same spot. |
December 19, 2014
|
Social workers and shelter representatives came to Sanctuary Village in the evening offering people a warm shelter for the cold night ahead. A couple of Rochester Police Department officers mingled with the crowd. Of the 35 or so people there, all but seven went to a warm shelter for the night. People were told that this was temporary and that they were free to come back the next day. There was also, at least, a tacit understanding among some of those gathered that they may have to relocate by December 28, 2014. |
November 2014 |
The Coalition of Concerned Residents of Monroe County continued to meet every Monday to discuss strategy and next steps. Eventually, the City of Rochester asked Sanctuary Village to move to the east side of the Frederick Douglass-Susan B. Anthony Memorial Bridge. The village vacated Washington Square Park and moved under the bridge. Also in November, Sister Grace Miller and Harry Murray participated in a panel discussion titled: Vulnerable Populations/Critical Populations: The criminalization of poverty, homelessness, and dissent; Cheri Honkala, from the Poor People's Economic Human Rights Campaign, spoke in Rochester at a panel discussion titled, Stories of Survival & Resistance. |
October 20, 2014 |
Sanctuary Village (a tent city for people without housing) was created in Washington Square Park in downtown Rochester, NY as a protest against the city's and county's lack of action regarding the homeless emergency. |
September 15, 2014 |
Housing advocates demonstrated at the Monroe County Building. They demanded a meeting with County Executive Maggie Brooks. Sister Grace Miller, Tom Malthaner, and Ryan Acuff eventually moved to the second story of the building to see if they could reschedule their abruptly canceled meeting with Commissioner Kelly Reed from September 9 after being stone-walled by the head of Public Safety for Monroe County David Moore. The three were arrested and charged with criminal trespass in the third degree. They were arraigned the next day. All plead not guilty. Another open letter was published explaining the arrests. One section reads, “You cannot put handcuffs on the spirit of compassion, generosity, and justice.” |
September 9, 2014 |
Another open letter was published by the Coalition of Concerned Residents of Monroe County alerting the community to the fact that Monroe County had abruptly called off a scheduled meeting that was to have happened with homeless advocates and seven county officials. According to the letter, “The County claimed that it was unnecessary to meet and there were no plans to reschedule. Commissioner Reed claimed she would send Sister Grace Miller from the House of Mercy two links to outside funding sources missing the whole point of the meeting (To date, those links were never sent).” |
August 26, 2014 |
The Coalition of Concerned Residents of Monroe County published an open letter to the Monroe County and New York State reminding the county of its obligation to homeless people under Article 17 of the New York State Constitution. Part of the letter read, “We implore you to reverse the lock out of homeless persons from the Civic Center Garage until Monroe County puts into place a permanent plan to house all homeless.” The letter notes that Commissioner Kelly Reed acknowledged that the shelters are “often full.” |
August 20, 2014 |
After 30+ years of the Civic Center Garage being used as a de facto temporary emergency shelter, the LDC decided to enforce measures to keep homeless people out. A group of advocates demonstrated against the closure by conducting a sleep-in for nearly a week. |
January 9, 2014 |
Monroe County attempted to close the Civic Center Garage to homeless people during one of the worst winters in Rochester history; advocates, supporters, and homeless people showed up at the local development corporation (LDC) meeting (the group that runs the garage) demanding that they stop this immoral action. |
Court documents: (Read the affidavits from the defendants and check out the memorandum of law submitted to the court motioning for a dismissal of the charges in the furtherance of justice.) court documents re: homeless advocates
TAKE ACTION: Donate to A Home for Sanctuary Village (help purchase a house for the homeless with House of Mercy) | Sign the petition! HALT THE EVICTION AND SUPPORT THE HOMELESS OF SANCTUARY VILLAGE IN ROCHESTER, NY
Related stories: "Sanctuary" Photojournalist Arleen Hodge shares from Sanctuary Village | City of Rochester Disposes of Citizens ID's and Other Belongings | Homeless displaced again as City destroys tent city | Stories of Survival & Resistance: a night with Cheri Honkala | Vulnerable Populations/Critical Populations: The criminalization of poverty, homelessness, and dissent | Open letter & video statements from arrested homeless advocates protesting county policies | County Suddenly Breaks off Dialogue With Homeless Advocates | Open letter to Brooks regarding homeless crisis | Sit-In Support at the Civic Center Garage against homeless lock-out | Sister Grace and CW of House of Mercy | 13 Rochesterians | Precarious housing for homless continues at county garage... | "The Throwaways": discussion after the screening | The Deplorable, County-made, Reality of Burials Without Dignity
Exonerating police misconduct: no accountability in Benny Warr case
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
The two officers who were telling people to move on, officers Joseph “Joey” M. Ferrigno II and Anthony “Rock” R. Liberatore, approached Mr. Warr and gave him the same order.
According to Mr. Warr, officer Ferrigno told him to “Move.”
“Sir, I'm catching a bus.” said Mr. Warr.
“I said fucking move!” officer Ferrigno responded.
When he tried to explain that he was waiting for the bus, officer Ferrigno sprayed him in the face with OC spray as officer Liberatore violently pushed over and threw Mr. Warr out of his motorized wheelchair onto the ground injuring his left side and stump where his prosthetic leg attaches.
Video courtesy of Tache Young
Shortly after Mr. Warr was thrown to the ground, officer Liberatore “delivered an elbow strike to Mr. Warr's head in the hopes of ending the situation as fast as possible,” according to the investigative summary provided by Professional Standards Section (PSS) (internal investigations) of the RPD.
Video courtesy of Ms. Colbert
This "untrained technique," according to officer Liberatore, was used to secure the officer's and Mr. Warr's safety.
According to independent witness affidavits and video recordings, officers Liberatore and Ferrigno violently kicked, kneed, and punched Mr. Warr all over his body including his head, ribs, stomach, chest, and back.
Again, according to independent witnesses, as Mr. Warr was being violently assaulted by the officers, RPD Sergeant Mitchell “Big Face” R. Stewart II arrived to assist in the arrest of Mr. Warr as he was punched, kicked, and handcuffed by the officers.
According to La'Shanda Flowers, Tache Young, Derrick Latham, Mary Adams, and Ricardo Adams—all independent witnesses—Mr. Warr did nothing to provoke the police violence he endured and he did nothing to resist arrest once the attack began. Mr. Warr was left on the ground waiting for an ambulance, after he was handcuffed, for nearly 25 minutes.
Mr. Warr did nothing to provoke the police violence he endured and he did nothing to resist arrest once the attack began.
Mr. Warr was eventually transported to Strong Memorial Hospital for medical treatment. Mr. Burkwit stated, "Prior to his arrival at Strong, Mr. Warr consistently complained to the officers that his eyes and face were burning due to the mace but the officers never washed or provided Mr. Warr with anything to clean his face. He also told the officers that his handcuffs were too tight but none of the officers loosened or removed the handcuffs until after Mr. Warr arrived," at the hospital for treatment.
While at Strong Memorial Hospital, he was given an appearance ticked and charged with disorderly conduct and resisting arrest. Mr. Warr and his supporters attended Rochester City Court with him as his criminal case was pending before Rochester City Court Judge Stephen T. Miller throughout the summer. On August 9, 2013, the judge granted an adjournment in contemplation of dismissal with respect to the charges.
The Rochester Police Department Internal Investigation
The Professional Standards Section of the RPD—internal investigations—opened an investigation on May 13, 2014, by then-chief James Sheppard. The investigation was looking at three separate allegations against the officers involved—one for unlawful arrest, one for excessive use of force, and one for discourtesy.
As to the first allegation regarding unlawful arrest, the PSS investigation found that it was Unprovable. Attorney Charles F. Burkwit, who is representing Mr. Warr, rightfully questioned this ruling. Evidence considered by PSS in its finding were the conflicting testimonies of the officers and Mr. Warr, the New York State Penal Law, the New York State Court of Appeals ruling of People v. Baker, and the lack of independent witnesses. PSS justified it's ruling on the “public harm” element based in People v. Baker, a disorderly conduct charge—primarily based on the police narrative—that Mr. Warr made “unreasonable noise,” he used “abusive or obscene language” in public, that he was “congregat[ing] with other persons in a public place and refuse[d] to comply with a lawful order of the police to disperse,” and finally, because there was a lack of independent witnesses to give a counter-narrative.
Right off the bat, at least one independent witness—Tache Young—could have been contacted by the investigators. PSS knew of Ms. Young because Charles F. Burkwit, had served a Verified Notice of Claim, verified May 17, 2013, on behalf of Mr. Warr upon the City of Rochester where the true identity of the YouTube.com video's videographer—Tache Young—was disclosed—four days after the RPD chief ordered the initiation of an investigation into what happened on May 1, 2013.
Mr. Burkwit questioned, “Would Tache Young and La'Shanda Flowers' testimony have changed the unlawful arrest determination from unprovable to proven? One must question why these known independent key witnesses were never contacted in this case by the Rochester Police Department.”
Again, regarding the first allegation of unlawful arrest, Mr. Burkwit questioned why the “Professional Standards Section did not cite the complete holding in People v. Baker, which held that isolated statements using coarse language to criticize the actions of a police officer, unaccompanied by provocative acts or other aggravating circumstances, will rarely afford a basis to infer the presence of 'public harm' mens rea necessary to support a disorderly conduct charge.”
This “public harm” element is further diluted by the fact that there were two officers at the scene because, according to the ruling, others in the vicinity would not risk “join[ing] forces with the defendant to gang up on the arresting officer.”
According to PSS, they have clarified that “the risk of public disorder does not have to be realized but the circumstances must be such that defendant's intent to create such a threat (or reckless disregard thereof) can be readily inferred.”
So, the police argue, regarding People v. Baker, that if there is a contradiction in what actually happened, then they will pass judgement based on a potentially latent, unrealized threat of public disorder. This goes against the case law cited above. And because Mr. Warr is deemed the defendant (and clearly guilty until proven innocent—informally turning the rule of law on its head), PSS will take the word of the officer over the defendant because the officer is a sworn public servant. And because we all know that the word of a white officer is worth more than black life, based on the recent non-indictments of the killer cops who murdered Michael Brown, John Crawford, Eric Garner, and so many others, their narrative—the State's narrative—takes precedence. But wait, what if there was another witness, from above, viewing the whole thing? In Benny Warr's case, there was another such witness.
And because we all know that the word of a white officer is worth more than black life, based on the recent non-indictments of the killer cops who murdered Michael Brown, John Crawford, and Eric Garner, their narrative—the State's narrative—takes precedence.
City of Rochester blue light surveillance camera footage
Turns out, PSS never utilized the City of Rochester's Blue Light Camera surveillance footage for this allegation of unlawful arrest in their investigation. If they had, they might have reconsidered their ruling. According to Mr. Burkwit and his careful analysis of the blue light surveillance camera footage, “[I]f Benny Warr had used profanity towards the officers, which he denies, the Blue Light Camera footage does not show the officers were alarmed in any manner, does not show others were alarmed and began assembling or that the officers were in any type of danger. Rather, the Blue Light camera footage shows Officers Liberatore and Ferrigno arriving and pedestrians, including Benny Warr, promptly leaving the east side of Jefferson Avenue. Within two (2) minutes after the officers' arrival, the group that was in front of 580 Jefferson Avenue is gone as per the Blue Light Camera. Officer Ferrigno's claim that a large group gathered and became very irate and anti-police cannot be supported by the objective blue light camera footage.”
As to the second allegation regarding excessive use of force, PSS recommended the finding of Exonerated for the officers regarding excessive use of force, regardless of the affidavits of independent witnesses who saw the unprovoked police brutality. Ms. Young was mentioned above as the videographer whose video was published on YouTube.com. She recounts, in her affidavit dated May 25, 2013, that “the officers kicked Benny Warr in his head and side and kneed him. At no time did Benny Warr do anything to provoke the attack and he did not try to resist being arrested by the police officers.” While her video was considered in the investigation, her testimony was never sought by the police.
[Tache Young recounts,] “the officers kicked Benny Warr in his head and side and kneed him. At no time did Benny Warr do anything to provoke the attack and he did not try to resist being arrested by the police officers.”
Derrick Latham, another independent witness, stated in his affidavit dated April 15, 2014, “Officer Joey maced Benny. The bald officer pushed Benny's wheelchair over. Benny landed on the sidewalk. One officer put his knee in Benny's back. They were trying to put cuffs on Benny. Benny said he was not resisting. I think the officers kicked Benny when he was on the ground, and they kneed Benny while he was on the ground. I was about five feet from Benny when this happened.”
[Derrick Latham recounts,] "Benny said he was not resisting. I think the officers kicked Benny when he was on the ground, and they kneed Benny while he was on the ground."
Another independent witness, La'Shanda Flowers, wrote in her affidavit dated May 22, 2013, “Benny did not do anything toward the officers. Benny did not swing at the officers. He did not try to hit the officers. The officers grabbed Benny and threw him to the ground. After they threw him to the ground, one of the officers put his knee in Benny's back. I could not understand why the police were doing this to Benny—I told them this—they told me to get away.” She crossed the street as ordered and told other police officers that what they were doing “was wrong.” For this, she was arrested and charged with disorderly conduct.
[La'Shanda Flowers recounts,] "After they threw him to the ground, one of the officers put his knee in Benny's back. I could not understand why the police were doing this to Benny—I told them this—they told me to get away.”
Then there's the testimony provided by Rochester City School District School Board Commissioner Mary Adams to the PSS investigation on June 10, 2013. While her account was recorded and supposedly considered, it looks as if it was summarily discarded. Mrs. Adams testified that she saw both officers “kicking, hitting, pushing, shoving” Mr. Warr and that she saw one of the officers kick Mr. Warr “particularly hard” in his head. She told PSS that the kick “was as if it was just like an emotional hatred, violent kick for no other reason than hatred towards this man.” Mrs. Adams said that she saw the officer take a few steps back to gain momentum for his kick. The PSS investigative summary paraphrased Mrs. Adams as saying that she did “did not observe any kind of resistance on behalf of Mr. Warr.”
[Mrs. Adams] told PSS that the kick “was as if it was just like an emotional hatred, violent kick for no other reason than hatred towards this man.” Mrs. Adams said that she saw the officer take a few steps back to gain momentum for his kick.
Mr. Burkwit also noted inconsistencies in the police reports where the officers clearly contradict each other, the independent witnesses, and the blue light surveillance camera footage: “The [PSS] summary relies solely upon the testimony of the three officers involved in the arrest of Benny Warr. The report recites how Mr. Warr was swinging both arms wildly to avoid Officer Ferrigno's grasp. The report further concludes that Officer Liberatore believes that Mr. Warr hit Officer Ferrigno with his arms. This contradicts Officer Ferrigno's Statement to the Professional Standards Section that he was 'punched' in the genitals by Mr. Warr. There is no proof that Officer Ferrigno was ever punched by Mr. Warr apart from his own self serving statement. The video footage and independent witnesses only support this conclusion.”
Mr. Burkwit also noted inconsistencies in the police reports. He stated "This contradicts Officer Ferrigno's Statement to the Professional Standards Section that he was 'punched' in the genitals by Mr. Warr. There is no proof that Officer Ferrigno was ever punched by Mr. Warr apart from his own self serving statement."
Lastly, regarding this allegation of excessive force, according to an internal correspondence between Lieutenant Jeremy Anzalone, and Lieutenant Michael Callari, officer Liberatore's elbow strike to Mr. Warr's face was an “untrained technique” of the RPD. The use of this “untrained technique” didn't have any bearing on the outcome of the investigation based on the “totality of the circumstances,” which created a “tactical dilemma” for the officers according to Sergeant Andy McPherson.
“These are factors which the officers quickly have to process and make [sic] decision of how to react in order to maintain their safety as well as that of Mr. Warr's,” the PSS investigative summary notes. This assertion, of “safety,” is laughable if it wasn't for the violent actions of the police officers that came down on Mr. Warr, after his Constitutional rights were violated, after chemical weapons were used upon him, and after he was violently assaulted by police after which, he was arrested and charged with crimes. Who are the police protecting? Who are they keeping safe? It appears no one except their own.
This assertion, of “safety,” is laughable if it wasn't for the violent actions of the police officers that came down on Mr. Warr, after his Constitutional rights were violated, after chemical weapons were used upon him, and after he was violently assaulted by police after which, he was arrested and charged with crimes.
Sgt. McPherson, the PSS investigative summary noted, is the RPD's Defensive Tactics Coordinator as well as the head instructor for the Public Safety Training Facility for new recruits. In his determination, after he reviewed both the cell phone video and the blue light surveillance camera footage, and met with officer Liberatore, he found that the use of force was “reasonable and appropriate.” The summary does not indicate that he contacted any independent witnesses for their accounts of what happened.
Finally, as to the last allegation regarding discourtesy, PSS recommended a finding of Unprovable for officer Ferrigno and a finding of Sustained for officer Liberatore--specifically because he admitted during the investigation that he threatened Mr. Warr with the words, “Are you ready to get your ass kicked?” Officer Liberatore, of course, would never say this to be discourteous, but “to use language that is best understood and complied with on the street.” What does this mean? According to PSS, the officers were cleared of wrong-doing by the RPD's internal investigation except for Liberatore's discourtesy. There is no mention in the PSS investigation of any action taken against officer Liberatore. Presumably its findings are passed onto the chief to take (or not) a final, private, disciplinary action against the officer if he deems it necessary.
[Officer Liberatore] admitted during the investigation that he threatened Mr. Warr with the words, “Are you ready to get your ass kicked?” Officer Liberatore, of course, would never say this to be discourteous, but “to use language that is best understood and complied with on the street.”
That was the outcome of the official investigation in all of its incompetent glory. Not unexpectedly, in their internal investigation, the police failed to contact independent witnesses, played hard and fast with the facts in citing the City of Rochester's own video surveillance footage, relied solely on the testimony of the officers to make its decision, and apparently didn't see any problem with using contradictory testimony, statements, and reports from the officers involved. Bluntly, this “investigation” was a farce, and worse, it appears to be legal. This is what happens when police are allowed to police the police. The public gets zero accountability.
Legally, the Civilian Review Board should have reviewed the case; it didn't
This needs to be stated very clearly. According to City of Rochester mandatory procedures as well as the Civilian Review Board (CRB) legislation passed in October of 1992, regarding claims against officers where a charge of excessive force is alleged, Benny Warr's case should have been heard by the CRB. But, it wasn't.
According to an affidavit dated November 7, 2014, Spencer L. Ash, Esq., the attorney representing the City of Rochester in Mr. Warr’s pending civil rights action, had confirmed on the record that “there was no Civilian Review Board review of this matter”.
[The City of Rochester confirmed with Mr. Warr's lawyer that,] “there was no Civilian Review Board review of this matter."
A little over a year ago, it was reported in the Democrat & Chronicle on December 7, 2013 that Mr. Warr's case may not have even been reviewed by the CRB. According to columnist Erica Bryant, “As it stands, we don't even know if the Civilian Review Board, which is a part of the Center for Dispute Settlement, is reviewing his case. The Civilian Review Board is not allowed to release details about the cases it handles.”
And now, according to the City's affidavit, mandatory procedure and law were disregarded. The "why" has yet to be determined. The disregarded mandatory procedure and law are in complete contradiction with City's stated policy. “If your complaint includes excessive force or charges an officer with a crime, it will also be reviewed by a Civilian Review Board (CRB). The Board includes three citizens who are not members of the Police Department,” according to the City of Rochester's website. In this case, neither the City of Rochester nor the RPD referred the case to the CRB. No independent witnesses were called to speak to what happened because the City, it appears, refused to follow its own procedure.
“If your complaint includes excessive force or charges an officer with a crime, it will also be reviewed by a Civilian Review Board (CRB). The Board includes three citizens who are not members of the Police Department,” according to the City of Rochester's website.
In October of 1992, the City of Rochester approved Resolution 92-40, “which creates a Civilian Review Board for specific complaints of police misconduct and which also recommends a variety of operational refinements to the police recruitment, training, and supervision processes,” according to the legislation submitted for approval to City Council by then-City Councilmember-at-Large Wade S. Norwood. Mr. Norwood continued in his letter to council that, “The newly created Civilian Review Board (CRB) will review the investigations of the Professional Standards Section (PSS) of the Police Department on cases involving the following:
- All charges of excessive use of force.
- Any conduct which, if proven, would constitute a crime.
- Any other matters referred to the CRB by the Chief of Police.
The Civilian Review Board will then make a finding, as appropriate, with respect to each allegation, and will report such findings to the Chief of Police.”
Incidentally, in May of 2014, I sent a message to Mr. Norwood introducing myself as an Indymedia journalist. I asked him how effective he thought the CRB had been to date and what he thought about the calls for an independent civilian review board. He thanked me for the offer to be interviewed but declined. “As you know, my work as a Regent and as FLHSA Associate Executive Director require that I advocate with regard to community health and education. Given the complexity and breadth of those policy domains, it is important that I not engage in issues that are outside of my mission service,” he wrote.
In a phone conversation I had with Mr. Burkwit on December 12, 2014, he said to me that he had heard that a City attorney told a Democrat & Chronicle reporter that, “Because Benny's case was sued, that's why it never went to the Civilian Review Board.” He continued, “I told [the reporter] essentially that's false because Benny first reported this case to the Professional Standards Section in June [of 2013] and, that is when the Civilian Review Board should have gotten the case. A Civilian Review Board case should have been opened promptly. We didn't even sue the case out until around September 19, 2013—three months later.”
According to Mr. Burkwit, Mr. Warr had the right to complain to the RPD internally and to pursue all other available remedies. “Even though we served a notice of claim [in May], that did not prevent Benny from complaining to the RPD," he said. "RPD opened a file on it, they gave it to the Professional Standards Section, they fully rifled through it—it should have gone to the Civilian Review Board as well. Perhaps there would have been a much different outcome had it gone to the Civilian Review Board.” Mr. Burkwit speculated, “I think they would have found that excessive force was used and I think that's why it never went there (the Civilian Review Board) because the officers could not be exonerated with an adverse finding."
“Even though we served a notice of claim [in May], that did not prevent Benny from complaining to the RPD. RPD opened a file on it, they gave it to the Professional Standards Section, they fully rifled through it—it should have gone to the Civilian Review Board as well."
Mr. Warr goes to federal court
On Tuesday, January 13, 2015, 2PM, at the Federal Building on State Street in Rochester, NY, Judge Marian Payson will hear oral arguments from Mr. Burkwit on behalf of Mr. Warr demanding that the City release all the discovery documents requested by Mr. Burkwit. “I'm asking for the personnel files for the officers. I'm also asking the City [of Rochester] to divulge any instances of police misconduct and civil rights actions over the last 10 years—I'm really diving into whatever documentation they have—any documentation they have concerning the officers and their histories and any prior complaints.”
“I'm asking for the personnel files for the officers. I'm also asking the City [of Rochester] to divulge any instances of police misconduct and civil rights actions over the last 10 years—I'm really diving into whatever documentation they have—any documentation they have concerning the officers and their histories and any prior complaints.”
Mr. Burkwit did acknowledge that the City turned over some documentation, but not all. “The City [of Rochester] did give me the concise history report for the officers and Ferrigno and Liberatore both had some prior instances noted. So I am asking for some more specific information on that.”
The public is welcome to attend Judge Payson's court on January 13, 2015 at 2:00pm in order to hear oral arguments. Please bring your I.D. as you cannot enter the Federal Building on State Street without one. Enough Is Enough is planning a press conference with Mr. Warr and his lawyer the next day.
Support Benny Warr in federal court! Tuesday, January 13, 2015, 2PM, at the Federal Building on State Street in Rochester, NY, Judge Marian Payson's court. Don't forget to bring your I.D.!
Corruption abounds
It's hard to imagine that the City of Rochester disregarded its own stated policy and legislation in regards to the Civilian Review Board and is now refusing to turn over documentation to Mr. Warr's lawyer. It's even harder to imagine that this case has dragged on for almost two years—and it's not even at the trial phase. However, I am not surprised by, and certainly can imagine, that the so-called investigation was really more of a rubber stamp session giving passes to violent officers who routinely use their police powers to mete out brutality and misconduct in order to get compliance from the people they are sworn to protect. They don't have the nicknames “Joey” “Rock” “Big Face” “Cowboy” “Drake” and others for nothing. The communities in which these officers patrol bestowed these nicknames upon them because of their heinous and barbaric acts. Their nicknames are used in the community as identifiers and warning signs. What it seems to come down to is what people have always known—especially those in Black, Brown, and poor communities—that the police are violent criminals who do not follow their own rules and cannot police themselves.
However, I am not surprised by, and certainly can imagine, that the so-called “investigation” was really more of a rubber stamp session giving passes to violent officers who routinely use brutality and other forms of misconduct to get compliance from the people they are sworn to protect.
Benny Warr, a disabled, Black elder, who was beaten mercilessly by RPD officers and suffers to this day because of it, had his case essentially dismissed by a completely farcical, corrupt, and incompetent, police internal investigation. This is a case that should have found its way to the CRB, but didn't. We have corrupt officials, in charge of corrupt investigations, looking into and finding no issue with corrupt police officers' actions, who regularly conduct police harassment and misconduct.
In Mr. Warr's case, the chief failed to inform the CRB, Mr. Burkwit said in our phone conversation. “The police cannot be trusted to investigate their own. The city has swept the excessive force problems under the rug,” he told me. “The Civilian Review Board never heard Benny's case? The political machine is broken.”
Documents directly related to this case: A rebuttal to the PSS investigation of allegations against officers from Benny Warr's lawyer | The full investigative summary from Professional Standards Section re: Benny Warr | Attorney Charles F. Burkwit logs City of Rochester's blue light surveillance camera footage, re: Benny Warr's case | Affidavits from witnesses of the police assault on Benny Warr | A B/W copy of an aerial photo of the Jefferson Ave./Bartlett St. area & a B/W copy which identifies buildings, streets and the bus stop where Benny Warr was assaulted | Part of a PSS transcript with officer Joseph Ferrigno re: Benny Warr case | Officer Ferrigno's RPD Supporting Deposition re: case of Benny Warr | Part of a PSS transcript with officer Anthony Liberatore re: Benny Warr case | Part of a PSS transcript with Sgt. Mitchell Stewart re: Benny Warr case | .PDF of Benny Warr's Federal Civil Rights Law Suit | City Council legislation presented by Wade S. Norwood for the creation of a Civilian Review Board (1992) | Police arrest reports re: Benny Warr | The RPD's policies and procedures for ADA compliance: Are they doing a good job? | What's Missing? | Have you seen these guys? | Have you seen "Big Face"?
Related articles to Benny Warr's case: Benny Warr announces federal civil rights lawsuit against police & city | Judge Miller Passes the Buck on Benny Warr | Press Release for March/Rally on June 28 & Press Packet of Discovery Material | Hurry up and wait: Judge doesn't see motions papers until day of court | Police Brutality and the new Jim Crow | Enough is Enough! No broken necks! We want Respect! court report on Benny Warr | Rochester Indymedia checks in with the Center for Disability Rights on Benny Warr's case | Video Reportback! Enough Is Enough! Community Rally and March! | Breaking: New Video of Benny Warr Being Brutalized by RPD | Breaking! More bullshit from the Mayor's Office! Enough is enough! | "Not Guilty!" Benny Warr Arraigned | Disabled Man Assaulted by RPD While Waiting for Bus | Flyer for Benny Warr Rally | Rochester, NY Police officers Assault Disabled Man in Motorized Wheelchair | Rochester, NY Police officer Cedric Felton Remains Professional, When Asked About Incident With Disabled Man in Wheelchair Being Assaulted by RPD officers, but Female officer Has No Comment | Rochester, NY's So-Called 'Black Leaders' Silent After Disabled African-American Man In Wheelchair Is Beaten By RPD Officers | Dredging Up the Past on Police Union President Mike Mazzeo | SocialistWorker.org: "My god, they're beating him" | Minority Reporter: Support Growing for Wheel-Chair-Bound Man Beaten by Police
Article related to police brutality: What rights? Police brutality in Rochester--a panel | Macnore “Damico” Cameron on the phone about his arrest in Ferguson, MO | Black Rose Anarchist Federation Statement and Video on #BlackLivesMatter Movement | URMC medical students participate in national action: #WhiteCoats4BlackLives | A walkthrough of Vonderrit Myers' killing | "The Whole Damn System is Guilty!" From Rochester to Ferguson -- a community report back | No Justice, No Peace--a response to the non-indictment of Darren Wilson | Black Lives Matter March & Rally @ UR: a response to the Ferguson grand jury decision | Ferguson Response Press Conference hosted by UCLM & CPR | Spontaneous protest in response to Wilson non-indictment | Ferguson Revolutionary Community Organizers Speak! | The Results Are In: An Open Letter from Protestors on the Grand Jury Decision (11.24.14) | Huey Jakhi on the role of women in the movement | Huey Jakhi speaking on "a real dirty devil" in St Louis | Huey Jakhi on life, liberation, and oppressive systems | Reign on white supremacy and police in St. Louis | Revolutionary community organizer Reign speaks! | The Injustice Freak Show | Black Lives Matter: Die-in at Delmar Loop in St. Louis | Ferguson organizers interviewed | "They think it's a game, they think it's a joke!" Ferguson organizers speak! | Blaqsha Shakur Mandela on video of Sgt. Colletti brutalizing Clem Long Jr. | #BlackLivesMatter march & vigil at UR | Black Lives Matter Rally; Sept 27 2014 | Officer Masic to Mr. Keene: "If you don't stop moving, I'm going to shoot you." | Pass OUR community safety act now, before another Ferguson happens | The impact of mass incarceration on families | Ferguson Report Back- Ricardo Adams and Rosemary Rivera | Rosemary Rivera's Messages from Ferguson | NYCLU Annual Meeting: Candis Tollver on NYPD Reform | Ricardo Adams from Ferguson, MO: "Enough is enough!" | National Moment of Silence Against Police Brutality | Reverend Stewart on What's Hot with Howard Eagle | Ban the Box Passes in Rochester! | RPD Civilian Review Board Should Have Investigative Power and Authority | Rev. Stewart gives a teach-in on Independent Civilian Review Boards | Press conference with Dwayne Ivery announcing his civil rights lawsuit against RPD & city | Video from the Forum on Police-Community Relations | Michele Cunningham: another victim of zealous, illegal policing and a broken justice system | discovery documents in Michele Cunningham case | United Christian Leadership Ministry make demands in the Brenda Hardaway case | Affronted by Affronti: Hardaway Bail Increased, Unexpectedly and Without Explanation, to $25K | Dwayne Ivery Severely Beaten by RPD in his Backyard | Rochester Police Officer Mario V. Masic: “I do what I wanna do. My name's Cowboy. This is my block.” | Enough is Enough! Support Sylvester Pritchett in Court! | Indy TV #27: Davy V on Police Brutality and Fighting back with Video Documentary | Six queer-bashed. Police response? Brutality.
An Open Letter From Black revolutionary Assata Shakur
original link: http://revolutionaryfrontlines.wordpress.com/2013/05/03/an-open-letter-from-assata/
My name is Assata Shakur, and I am a 20th century escaped slave. Because of government persecution, I was left with no other choice than to flee from the political repression, racism and violence that dominate the US government’s policy towards people of color. I am an ex-political prisoner, and I have been living in exile in Cuba since 1984.
I have been a political activist most of my life, and although the U.S. government has done everything in its power to criminalize me, I am not a criminal, nor have I ever been one. In the 1960s, I participated in various struggles: the black liberation movement, the student rights movement, and the movement to end the war in Vietnam. I joined the Black Panther Party. By 1969 the Black Panther Party had become the number one organization targeted by the FBI’s COINTELPRO program. Because the Black Panther Party demanded the total liberation of black people, J. Edgar Hoover called it “greatest threat to the internal security of the country” and vowed to destroy it and its leaders and activists.
In 1978, my case was one of many cases bought before the United Nations Organization in a petition filed by the National Conference of Black Lawyers, the National Alliance Against Racist and Political Repression, and the United Church of Christ Commission for Racial Justice, exposing the existence of political prisoners in the United States, their political persecution, and the cruel and inhuman treatment they receive in US prisons. According to the report:
‘The FBI and the New York Police Department in particular, charged and accused Assata Shakur of participating in attacks on law enforcement personnel and widely circulated such charges and accusations among police agencies and units. The FBI and the NYPD further charged her as being a leader of the Black Liberation Army which the government and its respective agencies described as an organization engaged in the shooting of police officers. This description of the Black Liberation Army and the accusation of Assata Shakur’s relationship to it was widely circulated by government agents among police agencies and units. As a result of these activities by the government, Ms. Shakur became a hunted person; posters in police precincts and banks described her as being involved in serious criminal activities; she was highlighted on the FBI’s most wanted list; and to police at all levels she became a ‘shoot-to-kill’ target.”
I was falsely accused in six different “criminal cases” and in all six of these cases I was eventually acquitted or the charges were dismissed. The fact that I was acquitted or that the charges were dismissed, did not mean that I received justice in the courts, that was certainly not the case. It only meant that the “evidence” presented against me was so flimsy and false that my innocence became evident. This political persecution was part and parcel of the government’s policy of eliminating political opponents by charging them with crimes and arresting them with no regard to the factual basis of such charges.
On May 2, 1973 I, along with Zayd Malik Shakur and Sundiata Acoli were stopped on the New Jersey Turnpike, supposedly for a “faulty tail light.” Sundiata Acoli got out of the car to determine why we were stopped. Zayd and I remained in the car. State trooper Harper then came to the car, opened the door and began to question us. Because we were black, and riding in a car with Vermont license plates, he claimed he became “suspicious.” He then drew his gun, pointed it at us, and told us to put our hands up in the air, in front of us, where he could see them. I complied and in a split second, there was a sound that came from outside the car, there was a sudden movement, and I was shot once with my arms held up in the air, and then once again from the back. Zayd Malik Shakur was later killed, trooper Werner Foerster was killed, and even though trooper Harper admitted that he shot and killed Zayd Malik Shakur, under the New Jersey felony murder law, I was charged with killing both Zayd Malik Shakur, who was my closest friend and comrade, and charged in the death of trooper Forester. Never in my life have I felt such grief. Zayd had vowed to protect me, and to help me to get to a safe place, and it was clear that he had lost his life, trying to protect both me and Sundiata. Although he was also unarmed, and the gun that killed trooper Foerster was found under Zayd’s leg, Sundiata Acoli, who was captured later, was also charged with both deaths. Neither Sundiata Acoli nor I ever received a fair trial We were both convicted in the news media way before our trials. No news media was ever permitted to interview us, although the New Jersey police and the FBI fed stories to the press on a daily basis. In 1977, I was convicted by an all- white jury and sentenced to life plus 33 years in prison. In 1979, fearing that I would be murdered in prison, and knowing that I would never receive any justice, I was liberated from prison, aided by committed comrades who understood the depths of the injustices in my case, and who were also extremely fearful for my life.
The U.S. Senate’s 1976 Church Commission report on intelligence operations inside the USA, revealed that “The FBI has attempted covertly to influence the public’s perception of persons and organizations by disseminating derogatory information to the press, either anonymously or through “friendly” news contacts.” This same policy is evidently still very much in effect today.
On December 24, 1997, The New Jersey State called a press conference to announce that New Jersey State Police had written a letter to Pope John Paul II asking him to intervene on their behalf and to aid in having me extradited back to New Jersey prisons. The New Jersey State Police refused to make their letter public. Knowing that they had probably totally distort the facts, and attempted to get the Pope to do the devils work in the name of religion, I decided to write the Pope to inform him about the reality of’ “justice” for black people in the State of New Jersey and in the United States. (See attached Letter to the Pope).
In January of 1998, during the pope’s visit to Cuba, I agreed to do an interview with NBC journalist Ralph Penza around my letter to the Pope, about my experiences in New Jersey court system, and about the changes I saw in the United States and it’s treatment of Black people in the last 25 years. I agreed to do this interview because I saw this secret letter to the Pope as a vicious, vulgar, publicity maneuver on the part of the New Jersey State Police, and as a cynical attempt to manipulate Pope John Paul II. I have lived in Cuba for many years, and was completely out of touch with the sensationalist, dishonest, nature of the establishment media today. It is worse today than it was 30 years ago. After years of being victimized by the “establishment” media it was naive of me to hope that I might finally get the opportunity to tell “my side of the story.” Instead of an interview with me, what took place was a “staged media event” in three parts, full of distortions, inaccuracies and outright lies. NBC purposely misrepresented the facts. Not only did NBC spend thousands of dollars promoting this “exclusive interview series” on NBC, they also spent a great deal of money advertising this “exclusive interview” on black radio stations and also placed notices in local newspapers.
. . .
Like most poor and oppressed people in the United States, I do not have a voice. Black people, poor people in the U.S. have no real freedom of speech, no real freedom of expression and very little freedom of the press. The black press and the progressive media has historically played an essential role in the struggle for social justice. We need to continue and to expand that tradition. We need to create media outlets that help to educate our people and our children, and not annihilate their minds. I am only one woman. I own no TV stations, or Radio Stations or Newspapers. But I feel that people need to be educated as to what is going on, and to understand the connection between the news media and the instruments of repression in Amerika. All I have is my voice, my spirit and the will to tell the truth. But I sincerely ask, those of you in the Black media, those of you in the progressive media, those of you who believe in truth freedom, To publish this statement and to let people know what is happening. We have no voice, so you must be the voice of the voiceless.
Free all Political Prisoners, I send you Love and Revolutionary Greetings From Cuba, One of the Largest, Most Resistant and Most Courageous Palenques (Maroon Camps) That has ever existed on the Face of this Planet.
Assata Shakur Havana, Cuba
Below is a clip of Assata Sakur’s Documentary “Eyes of the Rainbow: Assata Shakur Documentary”
“I am a Black revolutionary woman, and because of this i have been charged with and accused of every alleged crime in which a woman was believed to have participated. The alleged crimes in which only men were supposedly involved, i have been accused of planning. They have plastered pictures alleged to be me in post offices, airports, hotels, police cars, subways, banks, television, and newspapers. They have offered … rewards for my capture and they have issued orders to shoot on sight and shoot to kill.” — Assata Shakur
“People get used to anything. The less you think about your oppression, the more your tolerance for it grows. After a while, people just think oppression is the normal state of things. But to become free, you have to be acutely aware of being a slave.”
― Assata Shakur, Assata: An Autobiography
House of Mercy “Home for the Holidays” campaign a success!
DEC. 23, 2014 Rochester, NY - The House of Mercy is thrilled to announce that, thanks to hundreds of caring people through the Rochester region and beyond, our “Home for the Holidays” campaign has successfully reached its goal, and the House of Mercy will move forward immediately to purchase a new house to shelter the homeless.
Sister Grace making the announcement! (Video provided by Jenny Brongo)
On Saturday, December 20, 2014 -- just five days before Christmas -- the City of Rochester, NY used large machinery to destroy Sanctuary Village, a homeless tent camp created within the city’s limits. Lacking support from any city or county resources, the House of Mercy launched an emergency GoFundMe fundraising campaign, “A Home for the Holidays”, with the goal of raising $60K to purchase a shelter house within the Rochester city limits. Two days later, on December 23, 2014, donations from the GoFundMe and from private independent donors reached the goal, allowing the House of Mercy to begin immediate planning for the new shelter space.
The house will be staffed by the House of Mercy and serve, short-term, as a residence for a number of homeless formerly living at Sanctuary Village. Ultimately, the space will serve as long-term transitional housing for homeless Rochesterians in need of safe shelter.
The fundraising campaign will continue as the House of Mercy, an independent not-for-profit organization, now works to raise the needed operations funds for food, supplies and ongoing maintenance.
“What a way to celebrate the holidays and the Christian spirit of giving,” said Sister Grace Miller, House of Mercy leader and homeless advocate. “From the bottom of our hearts, thank you to all those caring people who have given support through money, goods, and spreading the word. You embody the true spirit of the seaso and have made this Christmas miracle possible.”
Anyone who wishes to donate to help fund operating costs for the new house can continue to do so via gofundme.com/SanctuaryVillage. Donors can also donate much-needed goods such as socks, gloves, blankets, toys and food via the House of Mercy’s Amazon wishlist at http://tinyurl.com/HOMwish. All donations are tax deductible.
The House of Mercy, under the leadership of Sister Grace Miller, has been serving homeless of Rochester for 29 years. Our efforts continue to serve the poorest of the poor.
For more information, contact
Sister Grace Miller, 585-259-9580 or 585-455-0961
houseofmercyrochesterny@gmail.com
http://www.houseofmercyrochester.org/
www.twitter.com/houseofmercyROC
TAKE ACTION: Donate to A Home for Sanctuary Village (help purchase a house for the homeless with House of Mercy) | Help Fill a Dump truck with Hope! | Sign the petition! HALT THE EVICTION AND SUPPORT THE HOMELESS OF SANCTUARY VILLAGE IN ROCHESTER, NY
Related stories: "Sanctuary" Photojournalist Arleen Hodge shares from Sanctuary Village | City of Rochester Disposes of Citizens ID's and Other Belongings | Homeless displaced again as City destroys tent city | Stories of Survival & Resistance: a night with Cheri Honkala | Vulnerable Populations/Critical Populations: The criminalization of poverty, homelessness, and dissent | Open letter & video statements from arrested homeless advocates protesting county policies | County Suddenly Breaks off Dialogue With Homeless Advocates | Open letter to Brooks regarding homeless crisis | Sit-In Support at the Civic Center Garage against homeless lock-out | Sister Grace and CW of House of Mercy | 13 Rochesterians | Precarious housing for homless continues at county garage... | "The Throwaways": discussion after the screening | The Deplorable, County-made, Reality of Burials Without Dignity
(photo: Shawn Dowd, Democrat & Chronicle)
What rights? Police brutality in Rochester--a panel
The tragic death of Mike Brown, the subsequent response by protesters in Ferguson, and finally the Missouri grand jury's decision not to indict Darren Wilson has brought national attention to some vital issues plaguing the country: police brutality and lack of police accountability. These issues affect everyone but disproportionately affect marginalized communities, including people of color, immigrants, the deaf community, the LBGT community, and others. Rochester is certainly no exception. In the past year there have been numerous incidents of police brutality, many in which the officers have not been brought to justice.
On December 3, 2014, University of Rochester Students for a Democratic Society (SDS) hosted a panel discussion regarding learning what incidents have happened in our community, how we can better empower ourselves to combat brutality through knowing our legal rights, and what steps we can take next.
Panelists included KaeLynn Rich (Director of the Genesee Valley Chapter of the New York Civil Liberties Union – NYCLU), Anansa Benbow (B.L.A.C.K. | Building Leadership And Community Knowledge), and Ted Forsyth (Enough is Enough- Rochester, NY). Natajah Roberts, U of R 2014 graduate, SDS alumna & member of B.L.A.C.K. moderated the panel.
The event was free and open to the public and was sponsored by University of Rochester Black Students' Union, Douglass Leadership House (DLH), Graduate Students of Color Council (Gsoc), Student Association for the Development of Arab Cultural Awareness (SADACA), American Sign Language Club, and The Paul J. Burgett Intercultural Center (Icc Rochester).
Related Information: Macnore “Damico” Cameron on the phone about his arrest in Ferguson, MO | Black Rose Anarchist Federation Statement and Video on #BlackLivesMatter Movement | URMC medical students participate in national action: #WhiteCoats4BlackLives | A walkthrough of Vonderrit Myers' killing | "The Whole Damn System is Guilty!" From Rochester to Ferguson -- a community report back | No Justice, No Peace--a response to the non-indictment of Darren Wilson | Black Lives Matter March & Rally @ UR: a response to the Ferguson grand jury decision | Ferguson Response Press Conference hosted by UCLM & CPR | Spontaneous protest in response to Wilson non-indictment | Ferguson Revolutionary Community Organizers Speak! | The Results Are In: An Open Letter from Protestors on the Grand Jury Decision (11.24.14) | Huey Jakhi on the role of women in the movement | Huey Jakhi speaking on "a real dirty devil" in St Louis | Huey Jakhi on life, liberation, and oppressive systems | Reign on white supremacy and police in St. Louis | Revolutionary community organizer Reign speaks! | The Injustice Freak Show | Black Lives Matter: Die-in at Delmar Loop in St. Louis | Ferguson organizers interviewed | "They think it's a game, they think it's a joke!" Ferguson organizers speak!
"Sanctuary" Photojournalist Arleen Hodge shares from Sanctuary Village
original article: http://postrochester.com/sanctuary
Social Documentary Photojournalist Arleen Hodge shares her experiences and her photographs from Sanctuary Village.
I am torn as many of Rochester’s chronic homeless I call my friends. Many of the population we are talking about have issues of mental illness and addiction making it hard for stability. Permanent housing is not an option without proper treatment. I've seen the revolving door of the “housing first” model. My dear friend, a chronically homeless man of many years, John Klenotiz, was taken off the streets and placed in a “wet house” only to be found dead at the Elk’s Lodge within a year.
His close friend, David Wolf, another chronically homeless man was kicked out of there several times, and lives between temporary housing and on the streets.
I am afraid he will not make it through the winter, the thought of another photo being used in an obituary is gut-wrenching.
There is no easy solution, the City of Rochester has offered temporary placement in hotels and shelters, although not permanent, it is a short-term solution to get those residing in the tents into a warm bed this winter until proper housing can be found on a case-by-case basis. The reality is that some will benefit while others will choose the streets.
A word from a Sanctuary Village resident:
"My name is Vanessa, I lived at Sanctuary Village since before it was called Sanctuary Village. In October 2014 we moved over to the trail by Time Warner. The city gave everyone til l the 28 of December and one day we drove by and all our stuff is gone. Our blankets, coats, shoes, bed, EVERYTHING we ever owned was in that tent. We weren't there to defend our stuff so it's garbage. Don't we have rights too?? Now we are homeless and have no stuff for the holidays.
Thanks Rochester City Council
Vanessa"
To donate sorely needed socks, gloves, hats, and hand warmers, order direct from this Amazon wish list [http://amzn.com/w/1YTPEUA24ZE03]. Shipments will go directly to Sister Grace Miller at the House of Mercy to be distributed to the homeless at Sanctuary Village.
To contribute to the search for a new home for the residents of Sanctuary Village, visit this fundraising campaign: A Home for Sanctuary Village.
Arleen Hodge is a social documentary photojournalist, specializing in street photography, poverty, and urban decay. Her work emerges from a deep and compassionate friendship with her subject, and is a window into the inherent dignity and beauty of all human souls. See more of her work at arleenophotography.wordpress.com.
TAKE ACTION: Donate to A Home for Sanctuary Village (help purchase a house for the homeless with House of Mercy) | Help Fill a Dump truck with Hope! | Sign the petition! HALT THE EVICTION AND SUPPORT THE HOMELESS OF SANCTUARY VILLAGE IN ROCHESTER, NY
Related stories: City of Rochester Disposes of Citizens ID's and Other Belongings | Homeless displaced again as City destroys tent city | Stories of Survival & Resistance: a night with Cheri Honkala | Vulnerable Populations/Critical Populations: The criminalization of poverty, homelessness, and dissent | Open letter & video statements from arrested homeless advocates protesting county policies | County Suddenly Breaks off Dialogue With Homeless Advocates | Open letter to Brooks regarding homeless crisis | Sit-In Support at the Civic Center Garage against homeless lock-out | Sister Grace and CW of House of Mercy | 13 Rochesterians | Precarious housing for homless continues at county garage... | "The Throwaways": discussion after the screening | The Deplorable, County-made, Reality of Burials Without Dignity