Category: Uncategorized

Good morning.

It’s been a long, sleepless week. Election Day has turned into Election Week, and will probably drag out with myriad litigation involving votes. 

We know you want to keep refreshing the live results and see whether a winner is declared–obviously, we do too–so this week’s edition of Allegedly will be short. 

But please do try to enjoy our roundup of New York City crime and courts news. You need a break before returning to election news, social media, and everything else. And don’t forget to subscribe!   

The Allegedly List

• William Rashbaum and Alan Feuer report that an anti-harassment honcho in the New York Police Department was accused of posting racist rants on a message board notorious for its rancor. This cop, who purportedly went by the online moniker “Clouseau”–yes, an apparent reference to the Pink Panther character– was Deputy Inspector James F. Kobel, authorities reportedly alleged. Kobel vehemently denied the allegations that he posted on The Rant, a site for members of service.  Via New York Times
• The first criminal trial in the Bronx that was going to proceed since mid-March was canceled because of four Covid-19 cases in courthouse workers. This week, three court officers and an interpreter had positive coronavirus tests, spurring the Office of Court Administration to postpone the proceeding. Officials reportedly said they were “unrelated disparate reports that have nothing to do with the buildings.” Via New York Daily News
• There have been three consecutive nights of protests in New York City since Tuesday — with at least 70 arrests and allegations of police misconduct. There were instances where NYPD officers kettled protesters, pushing them off the street and surrounding them, before making arrests. One woman was charged for allegedly punching a cop Wednesday, while another was collared for spitting at a cop’s face. The woman arrested for spitting reportedly said that officers incited this incident and allegedly broke her arm while arresting her. Via Gothamist, The Wall Street Journal,The New York Times, New York Post (Read Allegedly’s explainer on your right to protest here.) 
• Rudy Giuliani’s associate, who’s indicted for allegedly shuttling campaign contributions to pols and Trump super-PACs, was allowed to leave home detention so he could vote on Election Day. Lev Parnas had asked Manhattan Federal Court Judge Paul Oetken for permission to “travel to his local polling place on November 3, 2020, in the company of his two sons, Aaron and Daniel, to vote.” Giuliani allegedly recruited Parnas and one of Parnas’s co-defendants, Igor Fruman, to find damaging intel on Joe Biden and his son, Hunter. Via New York Post
• Tekashi 69’s kidnapper, Anthony Ellison, was sentenced to 24 years in federal prison on Wednesday, plus five years supervised release when he gets out. Ellison was convicted in October 2019. The guilty verdict came down following a trial in which Tekashi, real name Daniel Hernandez, snitched extensively against his former gang associates. Via Vulture
•  Timothy Shea, one of Steve Bannon’s co-defendants in an alleged scheme to skim donations from a border wall fundraiser, name-dropped King George III in a push to move his upcoming trial to Colorado. George III was the King of England when the then-colonies declared and won independence.  “Among the enumerated ‘…injuries and usurpations’ attributed to George III compelling the Fathers of the Republic to declare their independence from the sovereignty of Great Britain was: ‘For transporting us beyond the Seas to be tried for pretended offenses,’” Shea’s lawyer, John Meringolo, wrote Thursday. Via SDNY court documents

It’s Election Day!

If you haven’t voted yet, stop reading and get to the polls! You can always read Allegedly in line or after you cast your ballot. 

Not surprisingly, this special edition of Allegedly involves the Presidential race. 

The New York Police Department has been prepping for mass protests over today’s election. 

In an October memo, NYPD Commissioner Dermot Shea reportedly said: “There is also a strong likelihood that the winner of the presidential election may not be decided for several weeks…accordingly, we should anticipate and prepare for protests growing in size, frequency, and intensity leading up to the election and likely into the year 2021.”

Shea also said in this memo that starting Oct. 25, uniformed officers of “every service rank” needed to be ready for deployment. Most officers must report to duty in uniform, even if they don’t usually wear this dress, NBC New York said.   

Considering what happened during protests this summer–when NYPD officers were repeatedly accused of brutality and misconduct, including false arrest, and harassing journalists– and the fact that it appears to keep happening, you might wonder what your rights are at demonstrations. 

So, Allegedly put together a quick guide to your rights in New York City.*

Yes, you can protest even though there’s a pandemic. 

It’s is your right under the First Amendment!  Even with social distancing requirements, you can still assemble in groups of 10 people or less, so long as you keep six feet of distance from others.  If you want to hold signs and pass out fliers, that’s also within your rights, The Legal Aid Society said.

Importantly, you do have the right to film protests–including “police activity,” according to the New York Civil Liberties Union. The NYCLU noted: “Maintain enough distance not to interfere with police activity.”

And remember: Mask mandates are still a thing even if you’re outside and can’t keep six feet of distance from others, advocates said. 

As for permits…

If you’re not blocking pedestrians, you don’t need a permit to march on sidewalks “without amplified sound.” You don’t need a permit to pass out pamphlets in public parks or public sidewalks. In fact, you don’t need a permit to have a demo, presser, or rally on a public sidewalk, the NYCLU said. 

There are protest activities that do require an NYPD permit. Those include “marching in the street” and “using sound amplification,” per NYCLU. 

Legal Aid said that a permit might be required to “gather in a city park.” NYCLU notes that you need a permit for a park event if there are more than 20 people. Also, “a procession involving 50 or more vehicles or bicycles in a public street” requires a permit.  

Allegedly scribe and public space scholar Catherina Gioino informs us that a permit is required, however, if large groups of people leave the sidewalk, or public space, and go into the street, technically blocking traffic.

You have rights if you’re arrested 

If you’ve watched any TV in the past however long TV has existed, you know that you have the right to remain silent. Legal Aid explains: “If you choose to talk to the police, it can be used against you. Don’t tell the police anything except your name, address, and date of birth.” 

The legal advocacy organization said that if you’re arrested, ask for a lawyer right away. 

What else?

Even if you protest peacefully,  doing so in accordance with the law, you might still get hassled just for being there. Police might give a “dispersal order” — basically, an official get-out-of-here. However, if cops do this, they have to give “clear notice” and give you the chance to leave, Legal Aid said. 

If cops stop you, they have to disclose their name, rank, and command–and they also have to tell you why you’re being stopped. Also, remember how you absolutely have the right to take photos and record video? Well, they can’t take them, or demand to see them, without a warrant. They’re also not permitted to erase data “under any circumstances,” Legal Aid explained.

*Obviously, this isn’t legal advice because we’re not lawyers. It’s just information that you might find interesting, or useful, or whatever. Again, it’s not legal advice! Again, we’re not lawyers! And we’re most definitely not your lawyer! We’re a newsletter. If you want legal advice, you need it from a lawyer, not us!

Hi!

The election is happening in a few days. Go vote! Whether you’ve already voted, are standing in line to cast your ballot, or waiting until Nov. 3, you probably need a break from political news. This week’s Allegedly gives you exactly that! We’ve got stories on NXIVM leader Keith Raniere’s fate and cargo heists at JFK for The Allegedly List. In The Allegedly Original, Trevor Boyer spoke with a woman whose lengthy battle with Administration for Children’s Services took a weird turn when media reports revealed that her baby’s onetime foster mom had a criminal past.

The Allegedly List

• NXIVM sex cult leader Keith Raniere was sentenced Tuesday to 120 years in federal prison. Victims who provided statements in Brooklyn federal court described him as a manipulative sicko, with India Oxenberg saying: “I will be a victim of Keith Raniere for the rest of my life…you’re a sexual predator and you raped me.” Raniere said he didn’t think he was guilty of any crimes, but apologized for causing pain. Via Vulture
• Francisco Garcia, the cop who put his knee against a bystander’s neck while performing a social distancing arrest, quit rather than go through a departmental trial. The May 2 incident in the East Village, which was recorded on video, spurred widespread condemnation. The Manhattan District Attorney’s Office is investigating Garcia. Via New York Daily News
• Five purported Chinese agents were busted in the U.S. on Wednesday for an alleged harassment campaign carried out for China’s government, Brooklyn federal prosecutors said. The alleged victim, a onetime Chinese official accused of pocketing bribes back home, received menacing messages and was stalked from 2016 to 2019. The five men were allegedly trying to get their target to go back to China, where he would face time behind bars. Via New York Daily News
• Federal prosecutors in Manhattan said Wednesday that the Afghan national who kidnapped a New York Times reporter, and two other people, was arrested. Purported Taliban commander Haji Najibullah kidnapped David Rohde, an Afghan journalist, and the person driving them, at gunpoint in 2008. The two journalists escaped after more than seven months. Via New York Daily News
• David Correia—an associate of the Ukraine-born businessman who assisted Donald Trump’s personal lawyer, Rudy Giuliani, search for damaging info on Joe Biden—pleaded guilty Thursday to scamming investors. Correia admitted that he scammed them into thinking his insurance company, Fraud Guarantee, was a legit business. The company, which paid Giuliani $500,000 for consulting work, provided “no insurance product whatsoever,” Manhattan federal prosecutors said. Via Washington Post
• The first criminal trial since the coronavirus pandemic started this week in Manhattan Supreme Court. The judge, court reporter, prosecutor, and witness box were protected “on three sides by transparent plastic,” and the defense lawyer and his client were separated with a partition.” Jurors were seated in the gallery, socially distanced from one another. Via New York Post
• Manhattan federal Judge Lewis Kaplan ruled Tuesday that the U.S. Justice Department can’t defend Trump in E. Jean Carroll’s defamation case. Kaplan said that Trump’s comments “concerned media reports about an alleged sexual assault that took place more than twenty years before he took office…neither the media reports nor the underlying allegations have any relationship to his official duties,” Kaplan also said of Trump, whom Carroll accused of rape. Via New York Post
• Six people were indicted for their alleged role in cargo heists at JFK airport, Queens prosecutors said Thursday. The accused thieves allegedly hauled two tractor trailers packed with $6 million in designer merch—such as Chanel handbags, Gucci accessories, and Prada pret-a-porter items. The two alleged ringleaders were truckers had previously worked at the airport and used their “insider knowledge” to nab air cargo. Via Queens District Attorney’s Office

The Allegedly Original

She Lost Custody of Her Baby. Then The Baby’s Foster-Mom Was Arrested in a Hit-and-Run

By Trevor Boyer

In New York City, the Administration for Children’s Services has repeatedly come under fire, both for its handling of minors and their parents. Children have sued ACS for keeping them in foster care for excessive amounts of time—and alleged that mistreatment rates are among the highest in the U.S.

ACS workers have been accused of repeatedly ignoring warning signs that children were abused. A 2018 report from the city’s Department of Investigation found that most of ACS’s service providers were falling well short of federal guidelines.

Parents have also accused ACS of wrongly coming after them, either with the threat of investigation or loss of custody. This includes parents with intellectual disabilities, and parents who lost a child due to apparent crib death, among others. Sometimes, other child custodians dangle the threat of ACS in front of economically disadvantaged parents. For example, parents have been accused of “virtual absences” when their children fail to attend online classes during the pandemic, despite this often arising from malfunctioning electronics provided by the city—or spotty internet access in homeless shelters.

Allegedly interviewed Ashley Tucker, whose son Achilles was taken from her just five days after his birth—while he was still in the neonatal intensive care unit (NICU). Achilles was placed in the home of Julia Litmanovich and, during his time there, repeatedly showed signs of neglect, Tucker claimed. Litmanovich was arrested in a hit-and-run in spring 2019. Shortly thereafter, Tucker learned of Litmanovich’s criminal past.

Tucker’s ordeal with Achilles began almost three years ago, on Feb. 28, 2018, because of unrelated child custody issues in Arizona, she said. Tucker said that when she lived in Arizona, child welfare authorities took her four daughters based on “the lies of landlords and a family member.”

Her first two daughters ended up in a foster placement with the landlord couple from whom she was renting a room at the time. They were looking after her two girls while Tucker worked, and three times called the state’s child welfare agency before eventually filing a dependency claim in court.

The state agency removed Tucker’s daughters in April 2012 while she was pregnant with a third girl. She got them back on a trial basis later that year but 11 days before the case was set to be closed, Tucker said, the state took them again.

Tucker gave her mother guardianship over her third daughter, who born that June, as a newborn but retained custody. Tucker feared the state would also take custody of her.

In 2014, while she was pregnant a fourth time, Tucker had a kidney failure. Doctors prescribed powerful medications for her pain, including oxycodone. Because she had open cases with child protection authorities, Tucker reported these medications to the agency. Right after she delivered, the state agency took custody of her fourth daughter as she tested positive for opioids. She underwent another surgery during her next pregnancy in 2015 as well, with the same result—opioids prescribed, a positive test at birth, a daughter removed from her custody.

In late 2017, Tucker moved to New York City so her partner could take a job and she could care for his family. In February 2018, Achilles was born five weeks premature.

She maintained that the New York City Administration for Children’s Services took custody of Achilles based on these previous cases in Arizona—not because of any new allegations. An ACS lawyer said in court that Arizona authorities contacted the New York agency. Tucker said she still doesn’t how Arizona authorities knew she was pregnant, let alone delivering her first son. (Arizona’s Department of Child Safety declined to say anything about Tucker’s case, writing in an email: “We cannot comment due to confidentiality laws.”)

“My cases [in Arizona] were closed for months, almost a full year before he was born,” she said. “All they would have had to do was order a hair-follicle test, and I could have squashed any fears or anything like that.”

Tucker said she spent as much time with Achilles as permitted by judges in the following months. Litmanovich was Achilles’s foster mom during most of his time away from home.

Tucker said she came to know Litmanovich as a foster placement who didn’t know how to secure little Achilles in his carseat. She said that Litmanovich rescheduled his doctor’s appointments without notifying Tucker or ACS—as required. “My son was coming [to visits] with moldy bottles. He had bruises on him,” Tucker alleged.

Tucker said she documented everything she could and did everything that the court and caseworkers required. The caseworkers were contracted by Children’s Aid, according to Tucker and documents reviewed by Allegedly. Tucker said she passed every drug test, every psych evaluation, and made every appointment and court date.

Tucker believed that if she slipped just once, she wouldn’t get Achilles back. “I had to be above reproach. I had to be on top of everyone, including my lawyers, to make sure that nobody could question me,” she said.

Meanwhile, caseworkers told Litmanovich that she was on track to adopt Achilles, Tucker said.

In late March 2019, Julia’s behavior was becoming even more erratic, Tucker said. In an email she sent her lawyers on March 28 of last year, Tucker wrote: “Can we have someone do a wellness check on Achilles, no one can get ahold of Julia and I think someone might have told her that he’s coming home. And I’m worried she might hurt him or run with him.”

After Julia missed a doctor’s appointment and a court date, it wasn’t easy for Tucker to get Children’s Aid to check on Achilles, she claimed. “I begged and I pleaded and I low-key threatened after that: If you don’t go check on my son, I’m gonna go call the cops to do a welfare check.”

Finally, Tucker said, a Children’s Aid supervisor started seeing her as a human being. The supervisor went to Litmanovich’s apartment. Achilles was safe in his crib—but Litmanovich, it was later learned, hadn’t taken the baby to daycare for two weeks.

Tucker learned on March 29 2019 that Achilles was sleeping at a Staten Island Children’s Aid facility that hosts visits.

Just over a week later, Litmanovich’s alleged incident hit the news. The NYPD had released video that appeared to show Litmanovich running a red light and hitting a girl on March 27 2019, sending her flying through the air, authorities said. They put out Litmanovich’s mugshot. Later, the Daily News took video of Litmanovich being walked out of her apartment in handcuffs.

Litmanovich’s arrest came to Tucker’s attention at 3 a.m one morning when she was scrolling through her Google newsfeed. Tucker could not pinpoint what she saw first, but cried after seeing Litmanovich was arrested. “I was scared. This whole time I was telling them, ‘This lady is erratic,’” Tucker said. “It was clicking that I was right this whole time, and they think I’m crazy.”

News accounts reported that Litmanovich had been arrested over 30 times before, and did a year of probation after pleading guilty in a 2008 hit-and-run. Court records also indicate that she pleaded guilty to hindering prosecution in relation to a 1996 homicide.

“I’m just seeing this shit, and it was devastating, because my son was with her,” Tucker said. “It was all piling on. I was crying and puking in succession.”

In total, Achilles was with Litmanovich for over a year.

Litmanovich’s childhood friend Kimberley Perricone, who stayed in touch with her until she was arrested, said in a phone interview that her friend had recovered from a drug addiction and became a drug and alcohol counselor herself. Litmanovich also did home therapy for special-needs children. A lawyer who represented Litmanovich at her arraignment for the hit-and-run charge said the same in court. This attorney could not be reached for comment.

Less than a month after her arrest, Litmanovich was dead. After her arraignment in Brooklyn Criminal Court, she was hospitalized at Staten Island University Hospital North Campus. Friends said she died from complications of a brain tumor on May 5, 2019.

Meanwhile, Achilles bounced around the system. After being in the Staten Island facility, he was moved to a new placement in Queens, which had pets that Achilles is allergic to. He bounced from there to two more unsuitable homes in just two weeks. Finally, Achilles was placed in a caring foster placement that focused specifically on children with high medical needs, Tucker claimed. He wound up staying there for the rest of his time away from Tucker.

Tucker’s efforts to regain custody were progressing. Tucker’s case had the rare fortune of being picked up by the NYU Law School’s Family Defense Clinic, which joins as co-counsel on a handful of cases out of the thousands that public defenders handle each year. (Brooklyn Defender Services represented Tucker from day one until her case’s ultimate dismissal.)

The judge started enforcing the four hours Tucker was supposed to have to visit Achilles, and she started getting three visits a week instead of just two. Now Tucker actually got to spend time and do kangaroo care with Achilles — that’s skin-to-skin contact designed especially for premature babies — instead of just bringing milk to him.

In October 2019, Tucker started getting overnight visits. And starting this February, she had Achilles fulltime in what’s called a trial discharge. But the case was still open, and Tucker had to make court dates. So she was still careful. “I was videoing [Achilles] and taking pictures and documenting every day just in case they tried anything funny,” she said.

On July 1 2020, the day Tucker’s case was set to be dismissed, there was no dramatic courthouse scene, due to COVID. Instead, Tucker was at home, staring at her phone, waiting for her Brooklyn Defenders lawyer to send along the dismissal order.

“I cried when I saw the document saying the case was dismissed,” she said.

There it was in black and white, with the digital signature of the Honorable Melody Glover: Achilles officially was back in Tucker’s custody, with no supervision.

Achilles was very angry and confrontational when Tucker first got him back, she said. But he changed, day by day.

“My therapist said, you know what changed? You. You’re what’s different. I said, yeah, that’s true.”

“I know I’m raising a compassionate human being,” Tucker said. “I cut myself cooking, and Achilles said, ‘Mommy hurt, you OK?’ He had barely turned two. He told me to sit, and he ran and got cream and a Band-aid for me. He knew to do that. He’s just such a loving kid for having been through what he had to go through.”

Now, Tucker and her partner continue fighting to bring Achilles’ sisters home. Since regaining custody of Achilles, they’ve already succeeded in bringing their third daughter back from Arizona, the girl who had been in the care of Tucker’s mother.

Tucker said that while her situation had a happy ending, it could have gone a completely different way. She said she lives with the fear that ACS might take Achilles again.

“My counselor says I shouldn’t have to live in fear. But it is what it is. I’m always going to have that fear.”

Children’s Aid did not respond to a request for comment. When asked for comment, ACS said in an email: “Protecting children’s safety while in foster care is a top priority for ACS and that’s why Commissioner [David] Hansell has been focused on improving all aspects of foster care in New York City. In addition to reducing the number of children in foster care to an all-time low, we’ve launched new programs to enhance safety, invested in a campaign to increase the recruitment of quality foster parents and increased the proportion of children in foster care living with family and family friends.”

“We will continue to do thorough reviews of our foster care provider programs, and implement new strategies to improve safety, permanency and well-being outcomes for New York City children.”

They said state law barred them from talking about specific cases.

Like Allegedly? Then subscribe!

Good news: It’s almost the weekend!

While you’re still stuck at your desk, however, why not catch up on this week’s New York City courts and crime news?

The Allegedly List is packed with twists and turns: Ghislaine Maxwell’s deposition finally dropped, and former Donald Trump campaign manager Paul Manafort caught a legal break. For The Allegedly Original, Catherina Gioino put together a brief guide to help you navigate New York City’s judicial ballot.

If you like what you read, please subscribe! If you don’t like what you read, whatever. We’re still happy that you took a look! 

The Allegedly List

• Ghislaine Maxwell’s April 2016 deposition was finally unsealed Thursday morning, revealing details about her relationship with convicted sex offender Jeffrey Epstein. Maxwell tried to downplay Epstein and former President Bill Clinton’s relationship. The deposition also suggested there was speculation that Epstein might have been involved in government work. Via The Guardian 
• A New York state appeals court agreed with Paul Manafort’s argument that the Manhattan District Attorney’s financial fraud case wasn’t viable under state double-jeopardy laws, per a Thursday ruling. Justice Maxwell Wiley threw out the Manhattan D.A.’s case against Manafort last December, saying that he had already faced trial for these crimes in a federal court. Manafort is serving a 7 ½ year prison sentence for the federal rap. Via New York Daily News
• The home of lawyer Randy Mastro—who has repped residents in their fight to shutter an Upper West Side hotel where homeless men reside—was vandalized with spray paint. Tags such as “Randy Mastro you can’t displace us” and “F–k you Randy” were painted on the front of his Upper East Side home. Mastro was not home when the vandalism happen, but a neighbor told him about the incident. Via New York Post. 
• Jan Ransom wrote about a new report describing racial bias in New York’s state court system, which contained numerous disturbing details—such as a white court officer referencing a Black court officer as “one of the good monkeys.” “The sad picture that emerges is, in effect, a second-class system of justice for people of color in New York State,” the report’s author wrote. Lawrence K. Marks, chief administrative judge, said: “The findings are troubling, but not surprising.” Via The New York Times
• A Manhattan judge reversed the suspension of three New York University students who were suspended after photos emerged showing them partying off-campus, without masks, before the fall semester began. Supreme Court Justice Carol Edmead ruled Wednesday that NYU’s punishment was “arbitrary, capricious and constitute[d] an abuse of discretion.” Enmead said that although NYU sent out emails during the summer about coronavirus safety regulations, the messages didn’t make clear that these policies would be enforced before the semester. Via New York Post
• Manhattan Federal Court Judge Paul Engelmayer decided Tuesday that approximately 99.6 percent of New York City’s crosswalks aren’t accessible to blind pedestrians. Engelmayer’s ruling stemmed from The American Council of the Blind of New York’s June 2018 lawsuit against the city and municipal officials. A city spokeswoman said that officials are “dedicated to making our streets more accessible” and will “continue to install Accessible Pedestrian Signals.” Via New York Post 
• A government lawyer repping Donald Trump in E. Jean Carroll’s defamation case against the President was denied entry to court for a key proceeding Wednesday—because he had just arrived from a COVID-19 hotspot and had to quarantine. Manhattan Federal Court Judge Lewis Kaplan said that government attorneys could just use their prior written motions. The hearing was on whether the U.S. Department of Justice should be permitted to rep Trump in Carroll’s suit. Via Courthouse News Service
• Tekashi 6ix9ine was sued Tuesday by the minor who is shown engaging in sex acts with adults in videos he put on social media. She was only 13-years-old during this incident, and claims in her Manhattan Supreme Court suit that “at least” three videos were made. The rapper’s lawyer said they will “vigorously defend” against this suit. Via Vulture
• Remember New York state Supreme Court judge Mark Grisanti, who was shown in bodycam footage pushing a cop in Buffalo, while shirtless and allegedly drunk? Per Frank Runyeon, the FBI investigated why he wasn’t charged in this incident, which stemmed from an altercation with neighbors.  While the Department of Justice closed the investigation without bringing charges, governor Andrew Cuomo “has discretion” whether the state Attorney General probes why he wasn’t collared. Via Law360

The Allegedly Original 

So, What’s Up With New York City’s Judicial Ballot?

By Catherina Gioino

You probably already know who’s getting your vote for the White House come election day, but you may be undecided about the numerous aspiring judges vying for the chance to rule on some of the city’s most important cases. Or, in the case of judges up for reelection, the opportunity to keep making decisions on these cases.

Here’s why your [informed] vote matters: Judges elected to the Civil Court serve ten-year terms and hear cases from civil, criminal and family court. 

The public also elects justices to various state Supreme Courts, who serve 14-year terms and preside over cases involving $25,000 or more, felony criminal proceedings, as well as matrimonial cases. 

That’s some pretty hefty power for people you might not know.

There’s a reason judge races are pretty low on even the biggest politico’s radar: There’s barely any competition. Outside of a few races this year, there are usually as many seats as there are candidates. More so, the public doesn’t really get to choose some of the most visible judges. The governor picks judges for the appeals courts, and the mayor picks most criminal and family court judges, according to City Limits.

This year’s candidates include current judges, acting justices, justices, private-practice attorneys, Legal Aid lawyers, and activists. 

For a list of prospective judges, check out New York City’s Board of Elections website and Ballotpedia. You can find out more about your judicial district here.

For more detailed biographical information, City Limits’ articles on June 8 and Oct. 15 might be the most comprehensive rundowns. 

What a week.

Sure, we can say that about every week of 2020, but New York City’s courts and crime news over the past seven days included stories about Ghislaine Maxwell and a personal assistant accused of dismembering his boss, as well as an allegedly drunk judge who shoved a cop. See, that’s a lot. We’ve got more details in The Allegedly List. Peggy Gavan’s got another great story involving police and goats for The Allegedly Original—that touches on the origins of modern cop dramas. Enjoy this week’s edition and make sure to subscribe here! 

• Ghislaine Maxwell’s legal team asked the U.S. Second Circuit Court of Appeals on Tuesday to keep her deposition in a now-settled civil suit under wraps. Maxwell, a longtime friend of Jeffrey Epstein now charged in relation to his sex-trafficking of minor girls, claimed that releasing this sworn testimony could ruin her chances of a fair trial—and solidify a “perjury trap” set by the feds. Via The Guardian US
• While the number of people detained at New York City jails has declined under Mayor Bill de Blasio, and continues to do so, the amount of inmates locked in solitary confinement has largely held steady.  Since 2017, jails officials have leaned on solitary as a means of punishing approximately the same number of people. In the first half of 2020, approximately 13 percent of 7,200 inmates on Rikers Island had been in solitary at some point, “a much higher percentage so far this year than during the previous three years,” Jan Ransom reports. Via The New York Times
• Tyrese Haspil, the executive assistant accused of killing his tech CEO boss Fahim Saleh, pleaded not guilty Monday to first-degree murder. The 21-year-old also allegedly dismembered Saleh’s lifeless body with an electric saw, in the entrepreneur’s Downtown Manhattan condo. Prosecutors said the evidence against Haspil was “voluminous.” Via New York Daily News
• The Brooklyn U.S. Attorney’s Office said Wednesday that prosecutors were increasing efforts to fight gun violence in areas of New York City, by attempting to get around state bail reform laws that make it more likely for gun suspects to remain free pending trial. “Law-abiding citizens should have no reason to fear going about their daily lives,”acting Brooklyn U.S. attorney Seth DuCharme said. According to New York Police Department data, shootings are up 90 percent in 2020 compared to the same time period in 2019. Via The Washington Post
• Harold “Heshy” Tischler, a controversial leader of some Orthodox Jews in Borough Park, was released from lockup Monday night and ordered to stay away from the reporter attacked by his supporters at an Oct. 7 demonstration. Tischler was arraigned in Brooklyn Criminal Court for allegedly inciting a riot, and unlawful imprisonment, related to the alleged attack on Jewish Insider reporter Jacob Kornbluh. “Him sitting in prion is a travesty of justice,” his lawyer complained. Via New York Daily News
• Amy Cooper, who was recorded on a now-viral video calling 911 with the bogus claim that a Black man she encountered in Central Park had threatened her—made a second call alleging that he tried assaulting her, prosecutors said Wednesday. The calls stem from her May 25 exchange with Black birdwatcher Christian Cooper, who started filming Amy after she refused to leash her dog. Amy, who falsely said, “there’s an African American man threatening my life,” is charged with falsely reporting an incident. Via Allegedly  
• NYPD Chief of Patrol Fausto Pichardo quit Tuesday, allegedly annoyed by Mayor Bill de Blasio meddling in his management, specifically Covid-19 enforcement. Numerous reports said that de Blasio was trying to micromanage his police work. Fausto was the NYPD’s highest-ranking Latino officer. Via CBS New York
• Bike thefts have skyrocketed in New York City during the coronavirus pandemic, the NYPD said. There were 4,477 bikes reported stolen between March 1 and Sept 21 of this year—marking a 27 percent spike from the same period of 2019. Meanwhile, there were just 204 arrests for bike larceny. Via New York Post
• Long Island restaurateur Emilio Branchinelli was accused of bullying and beating a gay employee in full view of other staff, allegedly saying “F—king faggot, I’ll murder you!”—and knocking this employee’s tooth out with a punch. The Emilio’s Pizzeria & Ristorante owner allegedly berated the waiter over wearing the wrong shoes to work. After he left and returned with different kicks, Branchinelli allegedly snapped, claiming those were also the wrong shoes, according to a Brooklyn Federal Court suit filed last Friday. Via New York Post
• Newly emerged bodycam footage shows New York state Supreme Court judge Mark Grisanti shoving a cop in Buffalo; he mentioned his friendship with the mayor and relationship with law enforcement, then managed to avoid arrest. Grisanti was shirtless and allegedly drunk during the June 22 altercation—which started over a parking dispute with his neighbors. Reporter Frank Runyeon obtained the vid using a Freedom of Information Law request. Via Law 360

The Allegedly Original

Goats And The Modern Cop Drama

By Peggy Gavan

On Nov. 20 1897, two young men from the Upper East Side decided to try their luck stealing some produce from the Harlem Market. 

Founded in 1891, the Harlem Market occupied the city block bounded by 102nd and 103rd Streets, First Avenue, and the East River. It was one of the greatest open-air markets of its time, with hundreds of farm wagons arriving each day from Westchester County and Long Island, many via steam ferry from College Point, Queens, to 99th Street or the Public Service Corporation ferry from Edgewater, NJ, to 125th Street. 

As it was a Friday, the men knew the popular market would be packed with wholesale wagons and retail push-carts. They drove up to the market with a light wagon and targeted a vendor. While the produce owners were looking away, the men picked up a crate of onions, a box of oranges, and a basket of string beans. They loaded the produce into their truck and drove away. 

What they didn’t realize: The basket of beans had a hole in it. As their wagon bounced along, beans rolled out of the basket, off the truck, and onto the ground. 

When the produce owners discovered their loss shortly thereafter, they summoned Bicycle Policeman Daniel J. Fogarty of the 28th Police Precinct, then headquartered on East 104th Street. According to The New York Times, several bystanders said they saw two men near the crime scene, but no one could provide a good description of the thieves. So, how was Policeman Fogarty going to find the produce pilferers? 

Perhaps the small procession of goats following a trail of beans on the ground held the answer.

Fogarty followed the goats on his bicycle, which led him to the wagon and the source of the goats’ feast. He arrested the driver, Joseph Abrams, 26, of 305 East 70th Street, and took him back to the market. While the dealers were identifying their stolen produce, another young man began to protest the arrest. The victims identified this man as Abrams’ accomplice, so Fogarty also arrested him.

The two men were taken to Harlem Police Court, where they were held on what was then pretty stiff bail for stealing some onions, oranges, and beans—$200. 

Gotham’s Famed Bicycle Cop

Policeman Daniel J. Fogarty left his job with the post office to join the New York Police Department on October 18, 1895. During the early years of his career, he was stationed at the East 104th Street police station, where he earned a reputation as a real superhero of East Harlem. The New York press loved writing about his courageous adventures, whether he was being dragged along the ground while trying to stop runaway horses, jumping into the ice-cold river to save drowning victims, or pulling children from harm’s way in the nick of time. (Some accounts of his work can be read here and here.)

According to news reports, Fogarty won eight life-saving medals during his 19 years of service, including a gold Congressional medal for saving a man from drowning in the Harlem River. As one of his friends told the press, Fogarty had “enough medals to make the German Emperor look like a bloomin’ civilian.”

Here’s just a brief summary of some of his more daring rescues, all of which could have provided some great action scenes for a police drama: 

• January 1896Just three months after joining the police department, Fogarty rescued a Roman Catholic priest who had fallen from a pier into the icy Harlem River. Shortly after this incident, he jumped into the East River to save Johnnie Crowe, a little boy who had fallen from his mother’s lap into the East River at the Peck Slip pier. The strong current carried Fogarty and the boy to the Brooklyn Bridge, where a tugboat rescued them.
• January 1898While cycling down First Avenue late one evening, Fogarty heard cries for help coming from the East River near 98th Street. He blew his whistle for help, charged into the icy drink—striking his leg on a spike—and attempted to rescue William O’Toole, a steamship fireman who had allegedly been drinking at a nearby barroom. Hearing the struggle, two other police officers rushed the No. 19 horse car and grabbed the reins from the driver’s hands. With some help from a few passengers, they were able to cut the reins and use them to pull the men from the river. Asked during a court hearing why he thought it was okay for a valuable policeman to risk his life by rescuing a drunk sailor from the river, Fogarty sarcastically noted that his book of rules wasn’t handy, so he just guessed it was the right thing to do.
• May 1899Seeing a wild mustang charging up First Avenue, Fogarty gave chase on his bicycle. Cheered on by hundreds of spectators, he gained on the horse and caught a rope attached to its halter. He was forced to drop the rope at 101st Street in order to save a small boy who stood in their path. According to the story, Fogarty leaned over his bike, picked up the boy by his collar, and carried him out of harm’s way. Without missing a beat, he continued chasing the mustang until he caught him again at 106th Street. The horse was taken to the police stables on East 104th Street.

When he wasn’t saving women, children, and inebriated men, Fogarty was busy volunteering as the first drum major and leader of the department’s new Police Band, which he helped organize in 1903. He and his close friend Colonel John Jacob Astor also worked together in forming the Honor Legion of the NYPD, which was composed of officers who rendered distinguished service in time of great danger. Fogarty and Astor also organized and funded the police department’s Widows and Orphans Relief Fund, which to this day provides aid and assistance to widows, widowers, and eligible dependents of police officers who are killed in the line of duty.

One of the ways Fogarty helped raise money for the relief fund was by writing and directing police dramas, which were performed live at theaters for the benefit of the fund. In 1905, when then-Roundsman Fogarty was commanding the NYPD Theater Squad, he wrote an article suggesting a film be made based on the life of Patrolman Hugh J. Enright, a young officer who was killed in March 1904 during a fight with a burglar on East 55th Street. 

Fogarty was immediately approached by Frederick Freeman Proctor, a well-known theatre and vaudeville circuit manager, who offered to help produce a moving picture based on the policeman’s script. According to Anthony Slide, author of “Early American Cinema,” Police Commissioner William McAdoo liked the idea of including the NYPD in movie scripts:

“The picture idea is an admirable one, particularly if the case of Patrolman Enright was enacted, along with the chasing of the thief, the killing of Enright, the wounding of Patrolman [Joseph] Bachman, and, finally, the capture of the thief. I believe also that the scene of a patrolman rescuing a man or woman from drowning would appeal very strongly to the public and show forcibly the courage and the bravery of the men who make up this force.” 

In July 1914, Fogarty—then a Sergeant assigned to the East 51st Street Station—retired due to a heart condition. That year, Vincent Astor, the son of the late John Jacob Astor, presented Fogarty with a $20,000 building on land belonging to the Astor estate at 149th Street and 8th Avenue. Fogarty, his wife, Anna, and son Harry opened the Screen Theater—what was then called a “moving picture theater”—in October 1914.

Fogarty died at his home at 2585 Marion Avenue in the Bronx on August 13, 1921. Today, the land once occupied by the Harlem Market is the site of the East River Houses, a large public housing development completed in 1941. The former 104th Street station is still standing, only now it’s owned by Hope Community, Inc., a non-profit housing organization founded in 1968 to “develop, revitalize and beautify East Harlem.”