Westchester`s Most Influential Weekly
Transcription
Westchester`s Most Influential Weekly
PRESORTED STANDARD PERMIT #3036 WHITE PLAINS NY Vol. IV NO XLXVII Westchester’s Most Influential Weekly Thursday, September 2, 2010 Watson: Counseling for the End of Life, Page 6; Heller: America on Trial, Page 7; MacAlpine: Destabilization and the Cult of Economic Analysis, Page 8; Deskovic: Careers in the Innocence Movement, Page 9 www.westchesterguardian.com Page 2 The Westchester Guardian In this Issue... Abady: New York Spurs the Nation to Stand Up for Free Speech......2, 3, 4 Letters tothe Editor.....................................................................4, 15, 16 OpEds: Mooney: Geoengineering Our Climate Future................... 5, 11 Godfrey: What is “Scary” about Mental Illness?................. 5, 11 Watson: Counseling for the End of Life................................................. 6 Heller: America on Trial................................................................... 7, 16 MacAlpine: Destabilization and the Cult of Economic Analysis..... 8, 17 Deskovic: Careers in the Innocence Movement................................ 9, 17 Siefe: Veteran Family Law Practitioner Hal Greenwald Throws His Hat into the Ring.................................................... 10 Westchester Calendar.......................................................................12-13 Theatre Directory.................................................................................. 14 Legal Notices.................................................................................. 18, 19 Westchester’s Most Influential Weekly Guardian News Corp. P.O. Box 8 New Rochelle, New York 10801 Sam Zherka , Publisher & President Sam Abady, Editor-in-Chief & Vice President [email protected] [email protected] Ellie Ellis - Advertising Manager [email protected] News & Editorial: (914) 632-2540 Advertising & Photos: (914) 632-1230, x 405 Fax: (914) 633-0806 Published online every Monday Print edition distributed Tuesday, Wednesday & Thursday Graphic Design: Watterson Studios, Inc. www.wattersonstudios.com www.westchesterguardian.com THURSDAY, SEPTEMBER 2, 2010 New York Spu Free Speech By On November 7, 2006, I published an Op Ed in the Boston Globe co-authored by noted civil liberties lawyer, Harvey Silverglate, entitled “Libel Tourism and the War on Terror.” It was the first article published in this country about the scourge of libel tourism, the practice by wealthy Arabs linked to terrorism who silence their critics by suing them for libel in English courts. Libel tourism compelled Random House to drop plans to publish Craig Unger’s U.S. bestseller, House of Bush, House of Saud in Europe. Since 9-11, libel tourists forced more than fortyfive publishers and authors to apologize, publish retractions, pay fines and remove their publications from the market. Radical Islam brought its global war to our shores in 1993 by bombing the World Trade Center the first time. In the words of Samuel Adams, one of our Founding Fathers, Islamists are “men who have let loose on us the dogs of war to riot in our blood and hunt us from the face of the earth.” They completed the job on September 11, 2001. Since then, Islamists added libel tourism -- what some call “lawfare,” i.e., warfare by litigation -- as a battlefield tactic in their global jihad. It is an example of evil the late Supreme Court Justice Louis Brandeis warned about, “silence coerced by law.” Why England? Because Britain has no First Amendment, and English libel law is plaintiff-friendly. Foreigners can sue other foreigners if allegedly defamatory words reach British shores. In English and many Commonwealth courts, the act of publication is deemed to take place where the allegedly defamatory words are read, what some scholars labeled “universal Internet jurisdiction.” Moreover, English law puts the onus on journalists to proof the truth of their assertions, which shifts the evidentiary burden from the plaintiff to the defendant. The U.N. Human Rights Commission criticized Britain’s libel laws because they discourage “critical media reporting on matters of serious public interest, adversely affecting the ability of scholars and journalists to publish their work, including through the phenomenon known as libel tourism.” The First Amendment makes it hard to win libel suits here, especially after 1964 when the Supreme Court decided the seminal case, New York Times v. Sullivan, which elevated a free press over personal reputation except in the most egregious cases of reckless accusation. Under Sullivan, the nation’s interest in being fully informed about matters of public concern trumps the individual’s interest in protecting his reputation. No other nation goes as far to protect speech. The Sullivan standard is not accepted in Britain, Canada, Australia, or any of the forty-one member states of the Council of Europe. The pushback against libel tourism began with Israel-American counterterrorism scholar, Rachel Ehrenfeld, an Op Ed contributor to this newspaper. Ehrenfeld heads the New York-based American Center for Democracy, and pioneered investigation into the financial roots of terrorism. Former U.S. Attorney General, John Ashcroft, said, “Terrorists cannot terrorize without money.... Those who knowingly finance terrorist organizations are just as dangerous and just as responsible as those who carry out the ultimate acts of terrorist violence.” Richard Perle, former Assistant Secretary of The Westchester Guardian THURSDAY, SEPTEMBER 2, 2010 Page 3 rs the Nation to Stand Up for Sam Abady Rachel Ehrenfeld Defense in the Reagan administration and later, Chairman of the Defense Policy Board, said about terrorist financiers, “if we fail to understand them and how they operate, they will win.” If fanaticism is terrorism’s heart, finance is its lifeblood. Without money, there would be no terror because terrorism is not cheap. To the contrary, it is capital-intensive. It takes lots of cash to corrupt public officials and pay for training, weapons, vehicles, salaries, cell phones, airline travel, lodging, food and explosives. In Ehrenfeld’s 2003 book, Funding Evil -- How Terrorism is Financed and How to Stop It, she exposed billionaire banker to the Saudi royal family and terror paymaster, Khalid bin Mahfouz, who funneled “tens of millions of dollars in London and New York directly into terrorist accounts” using Arab banks and his Islamic charity, the Muwafaq (Blessed Relief ) Foundation headed by Yassin al-Qadi, designated by the State and Treasury Departments as an international terrorist. Bin Mahfouz insisted her claims were libelous. Most Islamic charities in the West are fronts for terrorist groups. The prime example is The Holy Land Foundation, the largest U.S. Muslim charity headquartered in Richardson, Texas. The European Union froze its assets, and in 2009, its founders were sentenced by a Dallas federal judge to life in prison because they funneled $12 million to Hamas (Islamic Resistance Movement). The Justice Department called the case “the largest terrorism financing prosecution in American history.” As far back as 1996, French, British and U.S. intelligence knew bin Mahfouz built a banking system to aid Osama bin Laden. Bin Mahfouz ran the Bank of Credit and Commerce International, the cash till for Hezbollah, the Palestine Liberation Organization, Hamas, and Abu Nidal, to name but a few. The corrupt bank was brought down by Manhattan D.A. Robert Morgenthau, and Mahfouz paid $225 million to settle Morgenthau’s criminal charges. Through his other bank, the National Commercial Bank of Saudi Arabia, and his charity, bin Mahfouz funded Makhtab al-Khidamat, al-Qaeda, and Abu-Sayyaf, among other terrorist groups. He was also the quintessential libel tourist. He brought or threatened more than forty lawsuits in England against writers and publishers who exposed his ties to terrorism. None of his English libel actions were tried on the merits. The New York Times, Wall Street Journal, and Washington Post all settled with him. Cambridge University Press not only of settled, it issued a gushing apology for publishing Alms for Jihad: Charity and Terrorism in the Islamic World, and destroyed its unsold copies, a shuddering reminder of the Nazi practice of burning books. Bin Mahfouz likewise silenced Jean-Charles Brisard and Guillaume Dasquié, authors of the 2006 book, La Vérité Interdite (the Forbidden Truth) which, like Alms for Jihad, linked him to terrorism. He and fellow libel tourists made the English libel bar so rich The Times of London declared the U.K. the “libel capital of the Western world,” and English lawyers refer to the “Arab effect” to describe the explosion of these lawsuits. Bin Mahfouz refused to sue Ehrenfeld in an American court because under our laws, he would have been forced to open his finances to scrutiny and be deposed under oath. He was not required to do either in the English court. His London litigation became frenzied after 9-11 because families of the murdered victims sued him in New York for funding al-Qaeda. He faced a damage award of nearly $1 trillion if found liable. Ehrenfeld refused to meet him on English turf, and he obtained a $225,000 default judgment against her. Instead, she sued him in New York to declare his English judgment unenforceable here. Ordinarily, foreign civil judgments against American defendants are enforceable in American courts under “comity,” a doctrine of legal reciprocity. The federal court dismissed her case challenging bin Mahfouz’s English libel judgment, ruling that bin Mahfouz lacked sufficient New York ties to assert jurisdiction over him here. Ehrenfeld appealed. My Boston Globe editorial encouraged the court to construe the jurisdictional statute in light of the First Amendment and give Ehrenfeld her day in court. The American Society of Newspaper Editors, the Association of American Publishers, and fourteen other media groups filed “friend of the court” briefs embracing this argument. Jurisdiction over foreign defendants is determined by state law, so the federal appellate court in Manhattan sent the matter to New York’s Court of Appeals in Albany. It confirmed the federal trial court’s dismissal based on lack of jurisdiction over bin Mahfouz, thereby skirting the critical First Amendment issue. But New York’s high court signaled a remedy; it said the matter “should be directed to the Legislature.” Assemblyman Rory Lancman (D-Queens) and Senator Dean Skelos (R-LI) heard the court loud and clear. They introduced the bipartisan “Libel Terrorism Reform Act” (A09652 and S6676-B) dubbed by the media as “Rachel’s Law” in honor of the courageous Ehrenfeld. As Lancman put it, “The ability of our journalists, authors and press to expose ... the truth is the most important weapon we have in the War on Terror.” The bill blocked enforcement of foreign libel judgments in New York unless the foreign court satisfied “the freedom of speech and press protections guaranteed by both the United States and New York Constitutions.” In effect, the bill rendered all foreign libel judgments unenforceable here because no court outside the United States abides by the Sullivan standard to protect free speech/ free press rights. On February 25, 2008, I published a second Op Ed with Silverglate, this time in the New York Post, entitled “Rachel’s Law – New York’s Libel Tourism Fix,” to spur the Albany legislature to act, and said, “this bill, if it becomes law, will do more than protect our precious First Amendment freedoms in New York. It also will serve as a template for action by Congress - and attract foreign counterterrorism scholars and journalists to our shores.” The editorial hit its mark. Rachel’s Law passed by a rare unanimous vote in both the Senate and Assembly, and Gov. David Patterson signed it into law on April 29, 2008. Thereafter, Utah, Maryland, Illinois, California, Florida, Tennessee and New Jersey adopted local versions of Rachel’s Law. Continued on page 4 Page 4 The Westchester Guardian THURSDAY, SEPTEMBER 2, 2010 New York Spurs the Nation to Stand Up for Free Speech Continued from page 3 I sent a copy of the Globe and Post editorials to a friend who was counsel to Pennsylvania Senator Arlen Spector and the Senate Judiciary Committee. In response, Spector, along with Sen. Joseph Lieberman (I-Ct.), introduced the Free Speech Protection Act of 2008, a federal version of Rachel’s Law. Representative Steve Cohen (D-TN) sponsored the bill in the House. He said, “Libel tourism threatens to undermine the principles of free speech” and “I believe our First Amendment rights to be among the most sacred principles laid out in the Constitution. It is vital we ensure that these rights are never undermined by foreign judgments.” In a rare event, both houses of Congress followed the New York legislature’s example and unanimously passed a revised version of the Spector/Lieberman bill entitled the “Securing the Protection of our Enduring and Established Constitutional Heritage (SPEECH) Act” (H.R. 2765/S. 3518). President Obama signed it into law on August 10th. The law makes foreign libel judgments unenforceable in all state and federal courts throughout the United States unless the judgment complies with the First Amendment. The law also creates a cause of action to countersue a libel tourist in an American court for using the foreign court to censor the free speech rights of American writers and publishers. The new law reverberated across the Atlantic. Parliament is now considering legislation to mitigate what Justice Minister Jack Straw admitted was the “chilling effect” of libel tourism. Britain’s Libel Reform Campaign warned Britain’s reputation is being damaged internationally by “our restrictive, archaic and costly libel laws.” Jo Glanville, editor of Britain’s Index on Censorship, said, “The US’s response to our libel laws has already played a key role in advancing the campaign for reform in the UK. I’m hopeful that the government’s draft bill will address the issue of libel tourism, which has a clear chilling effect on freedom of speech, and make it harder for claimants from outside the EU to bully publishers, NGOs, bloggers and investigative journalists into silence.” Jonathan Heawood, director of English PEN said, “It’s hugely embarrassing that other countries are passing laws to protect their citizens from libel actions in our high court.” Padraig Reidy, a spokesman for the Index, told the London Daily Telegraph the SPEECH Act “is a vindication of our argument that English libel laws in their current state do not encourage or protect free expression. The fact that Britain’s best ally feels the need to protect itself from the English libel courts demonstrates the need for reform.” Americans remains confused about the true face of Islamist terrorism. It is not the stereotype of underprivileged Muslim youth yearning to be religious martyrs, but instead, an international network of corrupt dictators, drug kingpins, and mega wealthy malevolents like bin Mahfouz. Islamism is a totalitarian socio-political ideology promoted as an alternative to democracy and antidote to hated Western freedoms. Muslim clerics, richly funded by the Saudis and their ilk, export their vicious ideology to the West in hopes of radicalizing Muslim immigrants and converting infidels to radical Islam. Islamists seek to export their repression of civil liberties worldwide. In 1969, the Saudis created the Organization of the Islamic Conference comprised of fifty-seven Muslim nations. Its charter is to “liberate Jerusalem and al-Aqsa from Zionist occupation.” In 1999, the OIC introduced a U.N. resolution asserting that “Islam is frequently and wrongly associated with human rights violations and terrorism.” On November 24, 2008, the resolution finally passed. It condemns the so-called “defamation of religion,” and calls on all U.N. member states to pass domestic legislation against blasphemy. Anti-blasphemy laws are routinely used in Muslim nations to suppress free speech typically exercised by dissidents who criticize their repressive governments, often for human rights violations. When Western nations reject blasphemy laws based on free speech, the fiftyseven OIC nations counter with charges of “racism” and “Islamophobia” to deflect attention from the brutal fact that most of the world’s terrorist violence is born and bred in Muslim lands. Islamists fear our freedom, in the words of Justice Brandeis, “the freedom to think as you will and to speak as you think” which he said was “indispensable to the discovery and spread of political truth.” Among our freedoms, the one Islamists fear the most is the First Amendment. If free speech and a free press were let loose in their own lands, their governments would come crashing down like rotten trees. In Koran 8:60 Mohammed exhorted his followers to “make ready your strength to the utmost of your power, including steeds of war, to strike terror into the hearts of the enemies of Allah and your enemies.” The new SPEECH Act will strike terror in the hearts of libel tourists; should they sue abroad to censor an American’s free speech, they will be countersued here for substantial damages, and have no chance of enforcing their foreign judgment in our courts. Former anti-terrorism federal prosecutor, Andrew McCarthy, said “Libel tourism would not be a problem if our political policy makers were offended by it.” By passing the SPEECH Act, Congress and President Obama declared they are offended by it. They deserve enormous praise for enacting this law. New Yorkers should be especially proud. Their legislators and Governor blazed this noble free speech trail with Rachel’s Law. The national law represents an enormous victory over Islamists. It is a forceful statement by which we have asserted our values and pushed back against the Islamist totalitarian onslaught. It declares that free speech and a free press are universal values Americans are prepared to defend. It has struck a powerful blow for freedom against the forces of darkness. Letters to the Editor All letters should be E-mailed to [email protected] with “Letter to the Editor” in the subject line. To the Editor: I write about the companion articles in The Westchester Guardian of Thursday, August 5, 2010, “New York State Education Department Announces Tougher Grading on State Tests” and “From the Editor: Lies, Damned Lies and Statistics”. First, however, I must comment on an article in The New York Times of Sunday, August 8, 2010, entitled “Little as They Try, Students Can’t Get a D Here” about the Mount Olive, New Jersey, school district which eliminated D grades. I am a retired college professor and held an administrative post for a proprietary college located here in New York. The Times article struck a nerve. I feel that a grade of D is a capitulation to those students who do not try, but still want to graduate and move on. Would any parent want an English teacher teaching his or her children if that teacher received a diploma with a grade point average of 2.0, and only received grades of D in English? I was a member of several academic committees that set policy, and the lone voice to speak out against our college lowering its acceptance of transfer credits from C to D. I also questioned why a pharmaceutical student only had to score 85, considered a threshold grade, on an exam about medication. My question was; “Does that mean if the pharmacist is wrong 15% of the time, then it is okay for patients who receive the wrong medications to die?” An extreme case, but an examination of malpractice suits would probably reveal that percentage is not far from reality. The Guardian’s cover headline about the state Education Department report was “Dumbing Down Our Kids.” Dumbing Down our World is more like it. I couldn’t agree more with Sam Abady when he states “This explosive report should have provoked a tsunami of coverage.” The daily newspapers are usually quick to respond and point fingers when a school district does poorly on state tests. Apparently, there were other more newsworthy stories when the report came out. It is a wakeup call for all parents, especially those in Westchester who elect the School Board leaders that control the hiring of educators and administrators, and allocate monies spent for education. Where is the outrage? When I was working, I rode Metro North from White Plains to Fordham every morning. Many of my train-mates were teachers in the New York City elementary school system. The majority seemed to delight in telling their colleagues how well their students did on state tests. When asked by the Continued on page 15 OpEd THURSDAY, SEPTEMBER 2, 2010 The Westchester Guardian Page 5 Geoengineering Our Climate Future By Chris Mooney On July 22nd, Congress failed, yet again, to pass legislation to cut our carbon emissions. Meanwhile, on July th 28 scientists around the planet agreed – yet again – that “global warming is undeniable,” and declared the first decade of the 21st century the warmest on record. Already, “glaciers and sea ice are melting, heavy rainfall is intensifying, and heat waves are becoming more common and more intense,” said a group of scientists from forty-eight nations in the annual State of the Climate report, a National Oceanic and Atmospheric Administration document. The upshot? In the absence of U.S. leadership, it now seems inevitable to all but the most rabid climate change deniers that we, and our children, are in for a hot, potentially catastrophic century. That is, unless we find an alternate plan to deal with climate change. But what plan? Many scientists are proposing just such an alternative. They call it “geoengineering,” a catchall label for a variety of proposals to deliberately meddle with the planet’s climate system to counter the worst of global warming’s looming impacts. Unfortunately, you’ve probably never heard of “geoengineering.” Less than one percent of Americans currently know what it is, according to a recent poll by the Yale Project on Climate Change. Current geoengineering schemes include injecting mega-doses of sulfur into the atmosphere, or the deployment of vast fleets of ships to spray a seawater mist into the sky to whiten clouds – techniques that would reflect sunlight back into space and cool the planet down. Another approach would seed the seas with huge amounts of iron to stimulate microscopic phytoplankton growth, which would suck carbon dioxide out of the air. Needless to say, such extreme “treatments” could have unintended side effects. The sulfur cure, for instance, might damage the ozone layer. And iron fertilization could damage ocean ecosystems. Possibly, anyway. We don’t really know, which is the scary thing. The utter lack of public awareness sharply contrasts with what’s happening in the expert arena, where talk of geoengineering the planet has become common. Top scientific organizations like the British Royal Society and the American Meteorological Society have suggested that scientists should at least study the possibility of interfering with the climate system, while Russian scientists have begun small-scale geoengineering field trials. That’s right – this thing you’ve never heard of could soon be on a fast track to happening. Understand, geoengineering isn’t the first choice of scientists. They understand better than anyone that we absolutely must deal with the root cause of climate change and cut emissions to avoid planetary catastrophe. The problem is, they don’t see that happening. So, they argue that geoengineering, if studied now and implemented only when necessary, Continued on page 11 What is “Scary” about Mental Illness? By Peggy Godfrey When the Interreligious Council of New Rochelle holds its second annual mental illness open house on October 21 at l0 A.M. at Shiloh Baptist Church, Glenn S. will be there. Glenn is an upbeat person who tries to take mental illness in stride. He works part-time as a page at the New Rochelle library, and two days at St. Vincent’s Hospital. His educational background includes an M.B.A. in Management and a B.S. in Accounting. He is married and has one son. He has been published a few times in various periodicals. In his own unique, friendly way, he describes the prayer service to be officiated by the Rev. DeQuincy M. Hentz and discussions by peers and professionals that will take place on October 21. It is hard to believe Glenn has a family history of mental illness and addiction. It took many years for his illness to become apparent. His condition surfaced soon after he was laid off from a job he had for five years. Following that, his condition got worse and he had a series of hospitalizations: three at New York Presbyterian Hospital, and twice at St. Vincent’s Hospital. The second time at St. Vincent’s, a Dr. Korey took him off all his medications and finally figured out the correct diagnosis. Glenn’s anxiety and compulsive disorders have multiple triggers. He now uses medications with mild side effects, and said some previous medications did not help. Although his illness began to manifest itself a few years after he was married, his very religious family has always been supportive. His wife always came to visit him in the hospital and her family accepted his mental illness. Glenn’s spirituality through these years has been reinforced by his pastor, Father Martin Biglin, and also his spiritual director, Sister Barbara S. Three times a year, Glenn receives the anointing of the sick. His therapy at St. Vincent’s continues 2-3 times a week and in his view, “is fantastic.” The social workers and therapists individualize their services because they know no two people can be treated in the same manner. Unfortunately, Glenn laments St. Vincent’s is in Chapter 11 bankruptcy reorganization as a “debtor in possession.” The Journal News reported that St. Joseph’s Hospital in Yonkers may be interested in taking over this facility. Glenn finds people accept his mental illness, both because he maintains his friendships and others are open-minded toward him. He expressed concern that other mentally ill people may feel there is a stigma or a bias against them based on their condition and so they unnecessarily keep to themselves. While his parents’ generation “never discussed mental illness,” Glenn believes mental illness has become more acceptable to the public during his lifetime. Young people with mental issues spotted earlier do not face as much stigma. Continued on page 11 Page 6 The Westchester Guardian THURSDAY, SEPTEMBER 2, 2010 Health MatteRS Jane Watson, M.B., B.S., M.D. Counseling for the End of Life Last week, Gov. David Patterson signed an amendment to the state Public Health Law which requires physicians to discuss treatment options with their terminally ill patients. The New York State Medical Society objected to the bill, claiming it would “intrude unnecessarily upon the physician-patient relationship.” Doctors are understandably suspicious of legislators telling them how to practice medicine. In fact, many doctors do a poor job of helping terminally ill patients. Hence, it was time for this badly needed legislation. Doctors are human, and like everyone else, fear confronting mortality. Imagine how it feels to get up in the morning knowing you must tell your patient his or her existence is coming to an end. And by the way, here are your care options. It is deeply painful. For years, I taught medical students and residents. In that capacity, I designed courses to improve listening and communication skills for doctors, and a course to train residents how to solicit family permission for autopsy after a patient’s death. It was remarkable how resistant all doctors are to confronting grieving families. Residents who routinely asked for autopsy permission were, by and large, highly insensitive. They had little empathy, so talking to people in pain did not bother them. Most others, however, were horrified by their own potential reaction in confronting grieving relatives with the distasteful request to examine a loved one’s remains. Some common reactions of my residents were: “that means I have to be in pain too, and think about dying;” “Idon’trecoverfromoneofthoseinterviews for days;” and, “I am always afraid that I will cry, or get emotional, and ruin my image as a doctor.” The same is true for palliative care discussions. Doctors become very attached to patients; we do not want to lose them. We certainly do not want to cause them emotional pain by spelling out what little time they have left. And on some level, acknowledging a terminal illness is to acknowledge our failure as physicians. It is not emotionally easy to practice medicine as it ought to be practiced. But a physician’s personal sadness is not sufficient reason to disserve the dying. The sadness of the dying patient and those who love him or her is infinitely greater and more important. Despite this, more than half of all primary care physicians never have an end-of-life discussion with their terminal patients. Many studies have shown the terminally ill and their loved ones do vastly better if doctors speak to them about the end of their lives. Studies published in the last two years in the Journal of the American Medical Association and the Archives of Internal Medicine reveal that patients suffer less depression and feel closer to loved ones after having end-oflife discussions because such discussions allow patients to speak more honestly and openly about the future. The terminally ill who are given palliative care options are also more likely to die at home, suffer less pain, and have fewer drug side effects. They cost the health care system a great deal less money in aggressive, unnecessary, treatments. These options vary with the underlying illness, but prime among them is adequate pain relief which can usually be achieved by physicians experienced in treating terminal illness, although not those who lack that clinical experience. Anti-depressant medication is often important in maintaining quality of life for a dying person. It enables the patient to hold onto his or her personality and interact with relatives. Home hospice care is covered by many forms of insurance, including Medicare. Family members often feel enormous relief knowing an experienced nurse or physician is coming regularly to assess the dying patient and suggest care. Having a nurse’s aide turn and bathe an immobilized person once a day relieves stress for both patient and family alike. Home oxygen is available for terminal patients with breathing difficulties. In short, counseling is vital to have a dignified death. Patients do not know to ask for these treatments. How could they? Too many doctors fail to explain them to avoid their own discomfort. The Obama health reform plan would have reimbursed physicians for time spent in critical, time consuming end-of-life counseling, but the measure was abandoned after opponents falsely mislabeled it as “death panels.” The new state law defines a terminal illness as “an illness or condition which can reasonably be expected to cause death within six months, whether or not treatment is provided.” It permits a medical practitioner to transfer a patient to another physician if the practitioner is unwilling to have an end-of-life discussion with the patient. Unfortunately, the law also allows end-of-life information to be delivered “orally or in writing.” Now there is a horrible image, receiving a slip of paper as you leave the doctor’s office announcing your terminal prognosis and care options. The law implicitly recognizes physicians need help understanding how best to deliver palliative care information to patients. The law also establishes a commission on palliative care, and provides palliative care training grants for medical school faculty and students. Most importantly, the new law compels doctors in the trenches to do what most know they ought to do anyway: talk to their terminal patients, which enhances dignity because, empowered with end-of-life and palliative care information, patients can make their own choices and prepare to leave this world on their own terms. Dr. Watson, a British and American physician, was educated at the University of London and is Board Certified in Internal Medicine. She has been a member of the academic faculties of medicine at Einstein, NYU and Cornell, and Director of Ambulatory Medicine at Booth Memorial in Queens The Westchester Guardian THURSDAY, SEPTEMBER 2, 2010 Page 7 America on Trial If heroes exist, Johnny Hopper (1913-1991) was a hero. He was born in England and moved to France as a child with his family. He fought the Nazis in France from 1940-45. Robert Wernick wrote an article about Hopper excerpted in the October 1993 Smithsonian magazine. He says Hopper “derailed trains, he blew up oil and ammunition depots, he assassinated French policemen and German Army officers, he shot his way out of ambushes laid for him by the Gestapo and the Sicherheitsdienst and the French Gendarmerie. When he needed money ... he robbed a bank.... When he needed a German colonel’s uniform ... he waylaid and killed a German colonel.” Wernick says Hopper fought “his own war. He wore no uniform. He reported to no Commanding Officer. He planned and executed his own actions.... ‘I don’t believe in taking things lying down,’ is all he ever said to explain why. ‘It was the Germans who set the rules, don’t you see. I did terrible things, things as bad as the Germans did. I was responsible for the death of innocent people. But when you meet an aggressor, you have to aggress back, aggress all the time.’” Hopper’s parting advice to Wernick was, “Never shoot a man in the head with a small-caliber gun.” Fast forward fifty-seven years. Omar Khadr is a Canadian born in Toronto. His father, a naturalized Canadian from Egypt, took Omar to Afghanistan and allegedly put him to work for al-Qaeda. Khadr is accused of setting explosives for terrorists, spying for them, and murdering an American soldier with a hand grenade. The Pentagon calls him an “unprivileged enemy belligerent.” He is the first alleged al-Qaeda captive to be tried by military commission under the Obama administration. His trial, interrupted by problems with his military lawyer’s health, is set to resume this month. Khadr was fifteen when he was captured by American soldiers. He was found under rubble created by a half ton of bombs dropped from an American aircraft. A U.S. soldier shot him twice in the back, leaving him lame, scarred and blind in one eye. Under duress, Khadr confessed to throwing the grenade that killed U.S. Army 1st Sgt. Christopher Speer. No one saw him throw the grenade. When an American noted Khadr had been shot in the back, Khadr said he threw the grenade backward over his shoulder. This gravely injured, shocked, and frightened kid told his interrogators whatever they wanted to hear. One interrogator told a U.S. military judge Khadr was threatened with rape if he did not confess. Other interrogators admitted Khadr was questioned after being softened up with stress positions defined as “torture” in a U.S. Army field manual. Much more mistreatment, physical and mental, has been alleged and admitted. Nonetheless, the military judge ruled Khadr’s confession may be introduced in evidence. Khadr was a child. He was in Afghanistan because his father took him there and told him what to do. Civilized governments and international law consider child soldiers to be victims, not criminals. Yet, Khadr was threatened with rape and tortured by adult Americans, then jailed -- and some say abused -- for eight years and counting without having been convicted of anything. Even if Khadr was an “adult” at age fifteen and did all he is accused of, by what right does the U.S. prosecute him? American troops invaded Afghanistan. From the locals’ point of view, Americans are armed aggressors looking for trouble on Afghan turf. Afghanis and their allies like Khadr do what Johnny Hopper did, “aggress back, aggress all the time.” Our attack on Afghanistan was justified by 9-11. Our troops rightfully kill or capture those who resist. But it is arrogance for Americans to treat resistance to our invasion as a “war crime.” One is reminded of what German Nazis called the French Underground, the Yugoslav partisans, the Warsaw ghetto’s Jewish Military Union and Jewish Combat Organization who resisted: “bandits;” “sub-humans;” “criminals.” If Khadr killed an American soldier, the Army says he is a murderer eligible for the death penalty. If a uniformed soldier kills an enemy, it is all in a day’s work. Omar Khadr Why? Because soldiers on a government payroll, wearing government clothing, using government weapons to execute government orders are deemed engaged in legitimate conduct. In contrast, our targets in Afghanistan are like Johnny Hopper in France. They are not government paid; they wear their own clothing and use personal weapons; they fight independent of a central authority. Indeed, there is no meaningful central authority in Afghanistan. Uniforms and paperwork make soldiers “legal.” Without them, armed fighters are “criminals.” It is all in the packaging. Our soldiers are “heroes” and their targets are “terrorists” -- an appropriate label when they attack our homes. But what about when we attack their homes? We invaded Afghanistan, but do not allow locals the privilege of fighting back. We insist they do what Hopper refused to do: “take it lying down.” If they die, we cheer. If they survive, we jail them, potentially for life, like criminals. Continued on page 16 Page 8 The Westchester Guardian THURSDAY, SEPTEMBER 2, 2010 Gl bal Reach Christopher MacAlpine Destabilization and the Cult of Economic Analysis Destabilization has been a tool of nation states for nearly as long as they have existed. Destabilization is defined as non-military action designed to cause a foreign government to fall. Destabilization is considered an attractive tool of statecraft because, in theory, it allows a nation to undermine an enemy state and reap nearly the same rewards as a full-scale military invasion, but with considerably less political and economic risk. A prime example is the use of mercenaries as proxies for a state’s armed forces. The Byzantines began to reintegrate the Western and Eastern halves of the Roman Empire in the Seventh Century. Visigoth invaders poured into the Iberian Peninsula -Spain and Portugal today -- and exerted much stress on Byzantine administrators and military forces which strove to keep the Visigoths out. Byzantine rulers lacked the funds to raise, train, equip and transport an army from one side of the Mediterranean to the other. The capital, Constantinople, lay in what is now Istanbul in Turkey. Professional Dominican Hairstylists & Nail Technicians Hair Cuts • Styling • Wash & Set • Perming Pedicure • Acrylic Nails • Fill Ins • Silk Wraps • Nail Art Designs Highights • Coloring • Extensions • Manicure • Eyebrow Waxing Yudi’s Salon 610 Main St, New Rochelle, NY 10801 914.633.7600 Their solution was to enlist the Moors, North African Muslim mercenaries, to drive out the Visigoths. In 711 C.E., Moors crossed over from North Africa and drove the Visigoths back to the rim of Aragon in northeastern Spain. Use of mercenaries was a time-tested Roman strategy. Three centuries earlier, the Romans employed Goth mercenaries to repel advancing Huns. They were stopped in what is now Hungary. However, the strategy was risky because mercenary forces sometimes overstepped their military boundaries or overstayed their welcome. That is what happened with the Moors. They stayed in Spain until 1492 when the combined forces of Ferdinand and Isabella finally drove them from Iberia. Today, the risk-reward calculus of using mercenaries would be determined by a “cost benefit analysis” or CBA. The University of Chicago’s Harris School of Public Policy defines CBA as “a process, whether explicitly or implicitly, that weighs the total expected costs against the expected benefits of one or more actions in order to choose the best or most profitable option.” CBA is based on economics, the study of the distribution of goods and services, and often expressed in monetary terms. CBA is used extensively by policy planners to weigh the optimal course of action to remedy social or environmental problems. It was first employed by the Army Corps of Engineers in the late 1930’s for a federal waterway project. According to George M. Guess and Paul G. Farnham, authors of Cases in Public Policy Analysis, the Flood Control Act of 1939 was the instrumental legislation which established CBA as the chief guideline to fix Continued on page 17 The Westchester Guardian THURSDAY, SEPTEMBER 2, 2010 Page 9 Careers in the Innocence Movement With increasing regularity, cases of people wrongfully convicted and subsequently cleared come to light. They justifiably produce feelings of shock and outrage about wrongdoing by law enforcement. They also produce feelings of sadness and relief that manifest injustice was overturned. There are many ways to contribute to the innocence movement. Hopefully, some reading this article will consider pursuing such a career. Criminal defense lawyers, first and foremost, exonerate the wrongfully convicted, and civil lawyers then seek compensation for these victims. My primary attorney, Nick Brustin, is this kind of lawyer. Paralegals also play an important role in the process by helping lawyers who file legal papers, present evidence and conduct hearings in wrongful conviction cases. Psychologists are vital to the movement. They counsel the wrongfully convicted damaged by years lost in prison for someone else’s crime. They also provide expert testimony about false confessions. Dr. Matthew Johnson, a false confession expert at the John Jay College of Criminal Justice, is this kind of psychologist. False confession experiments by Saul Kassin, professor of psychology at Williams College, led to a greater understanding of why and how such confessions occur. Several years ago, Dr. Kassin testified as an expert witness about false confessions in the John Kogut case. His testimony led to Kogut’s acquittal on retrial. DNA proved that Kogut and his co-defendants were innocent. Likewise, psychological research and experiments have generated a greater understanding of the factors involved in misidentification of perpetrators by eye witnesses. As a result, we now have improved methods and processes to make identifications more accurate. Social workers play a key role in the innocence movement. They assist the exonerated in reconnecting with family, friends and community; help the freed prisoner tap into available public resources to integrate back into civil life; and help him adjust to the difficulties of day-to-day living. Journalists are critical to the innocence movement. They raise public awareness of wrongful conviction cases and spur the public to become sensitized to this issue. Jessica Sanders directed the documentary “After Innocence,” which chronicled the difficulties wrongfully convicted men experience reintegrating back into society. The documentary won six awards. The Innocence Network is a collective of groups dedicated to clearing the wrongfully convicted. The network hailed Mike Wagner and Peter Dutton who wrote a 14-part series in The Columbus Dispatch following a “yearlong review that uncovered deep flaws in Ohio’s system for post-conviction DNA testing. They learned that police and courts regularly destroy evidence, prosecutors routinely oppose DNA testing, and judges often dismiss inmate requests without a reason, though the law requires one.” Wagner and Dutton worked with the Ohio Innocence Project and “identified 30 cases of prisoners who might be exonerated through DNA testing. So far, two people have been exonerated through the project: Joseph Fears -- who served 26 years in prison, and Robert McClendon who served 17 years.” The Columbus Dispatch series “also helped spark statewide legislative reforms in Ohio on access to Continued on page 17 RIVERVIEW COURT APARTMENTS 47 RIVERDALE AVE., YONKERS, NY 15 MIN. FROM NYC VIA METRO NORTH! 1 & 2 BR APARTMENTS AT A GREAT PRICE! 1 BR STARTING AT $1075 • 2 BRS STARTING AT $1300 914.798.9410 • High Rise building and views of the Hudson and Historical Yonkers • Nearby public transportation, shopping/restaurants, the Hudson River and only 15min. away from NYC. TTY # 800.662.1200 • Fitness Center On Site Riverdale Court • 24 Hours Access Control Patrol Does Not Discriminate • Large State of the Art Laundry Room On The Basis Of Disability. • 24 Hr. Maintenance • On-site management • Reasonably-priced indoor parking on site, with controlled access • Resident Lounge • Business Center • Beautiful Courtyard in the center of the complex with well-appointed landscape areas Page 10 The Westchester Guardian THURSDAY, SEPTEMBER 2, 2010 The Race for Family Court Veteran Family Law Practitioner Hal Greenwald Throws His Hat into the Ring By Andy T.C. Seife Hal Greenwald has been an active family law practitioner since he of obtained his law degree from Pace University in 1986, nearly fourteen years after he graduated from Lehman College in 1972. Now, Greenwald is throwing his hat in the ring as one of the six candidates for Westchester Family Court in the upcoming November election. The other five candidates for the four open Family Court seats are incumbents Nita Horowitz and David Klein; acting Family Court judge William Edwards; yet-to-be confirmed Interim Judge Michelle Schauer, and former Deputy County Attorney Patricia O’Callaghan. Attorneys Sharon Bell-Adamo and Guy Parisi were in the running, but submitted certificates of declination to the Westchester Board of Elections and will not be on the ballot. Greenwald worked at his family’s retail business in the Bronx during the day and spent nights getting his MBA at St. John’s University and his law degree from Pace. “I wanted to do a little more than just be involved in my community,” he explained. “I went to school in the sixties, so I was one of those persons who had a change-the-world kind of attitude. I guess I never lost that idealism, and wanted to participate by representing people in the Family Court where help seems to be most needed.” Greenwald views family law as the most challenging and yet rewarding area of the law. “It’s difficult because you’re dealing with people and families. You’re not dealing with a contract or a dollar amount to be paid by an insurance company, “ he said. “You’re dealing with real people and real issues that concern their lives.” The Yonkers attorney may have an uphill battle because four of his five opponents have served on the Family Court in one capacity or another already, given them the incumbents’ advantage. However, Greenwald’s bid for Family Court is backed by the Democratic, Conservative, and Working Families parties, and he is no stranger to leadership positions and responsibility, having served as President of the Yonkers Lawyers Association and currently serves as President of the Greenburgh Hebrew Center synagogue. “These are families in crisis,” he said referring to people who appear in Family Court, “and you have to help them. One way to help is to make a decision.” Greenwald offered this by way of illustration. “You’re representing the child, and if they’re not old enough to make the right decision, you need to intervene. Maybe the child needs to be placed in a residential facility, if he’s a runaway, for his own safety. You want the child to go home, but sometimes, the homes children go home to just aren’t the right place. I’m willing to make that tough decision if I need to.” In 1999 and 2001, Greenwald ran unsuccessfully for Yonkers City Council, and in 2003, lost in what he described as a “credible campaign” against Lou Mosiello for 15th district seat on the Westchester Board of Legislators. “I’m really pleased to be considered a candidate, it’s something I’ve really worked for,” Greenwald says. “Coming out of night school, to be considered for a judicial candidacy is a pretty amazing thing from my perspective.” The Westchester Guardian THURSDAY, SEPTEMBER 2, 2010 Page 11 Geoengineering Our Climate Future Continued from page 5 could act as a backup plan or global insurance policy. It would give us one more lever to throw that might steer the Earth back to a climate safe zone. Understand, too, that geoengineering isn’t at all attractive to scientists. It’s simply more attractive than the worst-case scenario alternative: a world where massively higher seas and disastrous storms could force us to abandon many of our coastal cities. Thought about in that way, geoengineering appears less appalling, more utilitarian. The highly nuanced, cautious position that has emerged among scientists is that we should actively study geoengineering, but with strict ethical guidelines, and only employ it in the case of a planetary emergency. Thanks to the failure of governments to cut emissions, we are left with a stark reality: global warming is real, increasingly difficult to halt, and could run away on us, creating a dangerously different Earth from the one our species now inhabits. Under such a horrific threat, we shouldn’t take any potential solution off the table. Which is why everyone needs to get informed about geoengineering. If you care about your future and want to know all the options, read two recent books by science writers popularizing geoningineering – Eli Kintisch’s Hack The Planet and Jeff Goodell’s How to Cool the Planet. Meanwhile, if the Obama administration wants to innovate in its approach to global warming, it can begin to educate the public on geoengineering possibilities – and fund the needed studies that will allow us to safely implement those options if it comes to pass that we have to make that terrible choice – if things turn really hot and ugly. Chris Mooney hosts the popular science podcast Point of Inquiry, (www.pointofinquiry.org) and has authored numerous books including, with Sheril Kirshenbaum, Unscientific America: How Scientific Illiteracy Threatens Our Future. He lives in Washington, D.C. JOHN P. POLLIS, II REALTY CORP. What is “Scary” about Mental Illness Continued from page 5 Glenn says Social Security benefits ease the financial burden on mentally ill people. His community in New Rochelle provides places to go for support, such as The Guidance Center and Dimensions located on Main Street. A national organization, National Association of Mental Illness (NAMI), is also helpful and supplies useful information. As Glenn said, “greater strides will be made” in the cure of mental illness as more medical research is done, yielding better medications and improved therapeutic techniques such as Dialectical Behavior Therapy. Glenn keeps mentally active by reading history and spiritual books, watching political and religious televisions shows (especially EWTN), gardening and jig saw puzzles have helped him. According to Glenn, the mind needs to be kept focused on “positive affirmations and events because our minds can be our worst enemy. The mind works against me, creating doubt, questions, etc. The disease has taken a lot from our lives and others who suffer, but I keep on trying to move forward.” Mental illness is “scary,” he said, because “You don’t know what, where or when the next trigger” will be. To the impartial observer, however, Glenn appears well adjusted, happy, and through his activities, willing to address political and social inequities in the community and the nation. COMMERCIAL MORTGAGE BROKERS Commercial Mortgages for Note Purchases. John P. Pollis, II President, 1986 – present Call John P. Pollis today at: 917.559.4470 e-mail [email protected] Tel. (212) 873-9380 • Fax (845) 876-2050 COMMERCIAL MORTGAGES 38 West 75th Street, Suite BR, New York, NY 10023 FOR NOTE PURCHASES New to market 1st mortgages for purchases of commercial notes, 7.5% interest, 50% of note price, 30 day closing. Also, apartment buildings, commercial strip malls and offices- financing 4.25% to 5.25%, 30 day closing. Page 12 THURSDAY, SEPTEMBER 2, 2010 The Westchester Guardian Sunday • Monday • Tuesday • Wednesday • Thursday • Friday • Saturday Wednesday 9/1 Friday 9/3 Saturday 9/4 Event: S ummer Breeze Concert Series Event: M usic in the Square at Noon Event: The Romantics dvance film screening at Sarah A Lawrence. Starring Katie Holmes, Anna Paquin, Josh Duhamel, due in theaters 9/10 The Pelham Picture House is closed for renovations. During this time, The Picture House is partnering with Sarah Lawrence College to hold special events, open to the public. The screening will be followed by Q&A with the director and producer. At: Heimbold Visual Arts Building, Donnelley Theatre. 1 Mead Way, Sarah Lawrence College, Bronxville Time: 7:15 Reception 7:45PM screening Cost: $15, $12 for students Contact: (914) 738 3161 Website: www.thepicturehouse.org J azz, R & B, and Latin Artists perform during merchants’ sidewalk sales. At: Intersection of Main St., So. Broadway & Palisade Avenue Yonkers Time: 12-1:30 PM Cost: Free Contact: (914) 969 6660 Website: www.yonkersdowntown.com am Waymon w/ a Tribute to Nina S Simone At: City Hall Plaza Mount Vernon Time: 7 PM Cost: Free Contact: (914) 665-2300 Website: www.cmvny.com Event: Jazz and Blues at Dusk At: Maciek Schlejbal Quartet performs Yonkers Waterfront Amphitheatre (foot of Main St.) Time: 6:30-8 PM Cost: Free Contact (914) 969 6660 Website www.yonkersdowntown.com Event: School? Already?!!! tories about school for the entire S family. At: White Plains Public Library 100 Martine Ave White Plains, NY 10601 Time: 11:00AM & 4:00PM Cost: Free Contact: (914) 422 1480 Website: www.whiteplainslibrary.org J oin the Westchester Amateur Astronomers in the Meadow parking lot for star gazing through telescopes. Cloud date: September 11. At: Trailside Nature Museum Ward Pound Ridge Reservation Routes 35 & 121 South Cross River, NY 10518 Cost: Free Contact: (914) 864-7322 Website: www.westchesterastronomers.org At: Time: Contact: Website: Saturdays, Sundays & Labor Day until Sept. 26, 2010 Sterling Forest Tuxedo Park, NY 10AM-7PM (845)351 5171 www.renfair.com/ny Sunday 9/5 Event: W WE presents “Smackdown World Tour” Event: D isney’s Alice in Wonderland (11 AM) Fantastic Mr. Fox (3 PM) Thursday 9/2 Event: Starway To Heaven Event: N ew York Renaissance Faire At: Time: Cost: rove Summer Flicks. T Rated PG White Plains Pulic Library 100 Martine Ave, White Plains 11 AM, 3 PM Free Contact: (914) 422 1480 Website: www.whiteplainslibrary.org Event: Shelter Building aturalist Melissa Sullivan will lead N this hands-on program and help you make a backyard clubhouse or an emergency shelter. Afterwards, climb in and find if it can survive a sudden rainstorm. At: Cranberry Lake Preserve Old Orchard Street North White Plains Time: 1PM Cost: Free Contact: (914) 428-1005 he Big Show vs. Kane – World T Heavyweight Championship Kofi Kingston vs. CM Punk w/The Straight Edge Society Christian vs. Dolph Ziggler Triple Threat Match for the Intercontinental Championship Chris Masters vs. Jack Swagger Also featuring Matt Hardy, Alberto Del Rio, Layla/Michelle McCool, Kelly Kelly, MVP, Cody Rhodes, THURSDAY, SEPTEMBER 2, 2010 The Westchester Guardian Page 13 Sunday • Monday • Tuesday • Wednesday • Thursday • Friday • Saturday Chavo Guerrero and many more Smackdown Superstars live! Card Subject to Change At: Westchester County Center 198 Central Avenue, White Plains Time: 5pm Cost $76.50, $51.50, $41.50 and $26.50 Contact: County Center Box Office Charge by Phone: 1-800-7453000 Website: www.wwe.com Event: A ttic Treasures Flea Market egularly, every Sunday. New R vendors welcome At: 16 South Division St, Peekskill Time: 8AM-4PM Apr-Nov Contact: Ferdinand (845)528 7756 or the Peekskill BID, (914) 737 2780 Website: www.downtownpeekskill.com Monday 9/6 Time: 931c E. Boston Post Rd. Mamaroneck 9/7 & 9/8 6-8PM, Sun & Tues 11AM-1PM & 5-7PM Cost: Free Contact: Daniel Ferrante (914) 630-0804 Cost: Free Contact: Charlotte Klein (914)218-8535 Westchester Community for Humanistic Judaism E-mail: [email protected] Website: www.wchj.org Event: M ary Lou Seaman Westchester Employee Blood Drive Event: C areer Counselling in Yonkers uring summer vacation months, D blood donations are reduced but the need for blood is not. County employees will again be donating blood to fill the need. The drive is open to any resident who wishes to donate. Experienced donors are encouraged to enlist a new firsttime donor. A picture ID is required. Free juice, coffee, cookies, and tasty snacks provided. At: Westchester County Center 198 Central Avenue, White Plains Time: 9AM-4PM with the last donation appointment at 3:45pm Cost: Free Contact: Janet Lokay (914) 995-2127 Website: www.westchestergov.com Event: 2 6TH Annual Labor Day Antiques Fair Wednesday 9/8 At: L asdon Park, Arboretum & Veterans Memorial Route 35, Somers On the main lawn, rain or shine. Time: 10 AM - 5 PM Cost: Adults $7; children under 13 free Contact: (914) 273-4667 At: rinton Will Public Library G 1500 Central Park Ave Yonkers Call to make a free 30 minute appointment with a career counselor, Time: 10:15AM-3:45PM Cost Free Contact: (914) 337 1500 x315 At: uditions for our upcoming shows A are as follows: “Urinetown” for grades 7-12, on 9/7th & 9/8 from 6-8PM; “Alice in Wonderland” for grades 4-8 on 9/12 11AM-1PM and 9/14th 5-7PM; “Aladdin” for grades K-5, on 10/ 17th 11AM-1PM and 10/19 5-7PM. Westchester Sandbox Theatre hands-on experience for children A to learn about chickens. Pre-registration required. At: Muscoot Farm, Route 100, Somers Time: 10-11AM or 1-2 PM Cost: $10 per child Contact: (914) 864-7282 Website: www.muscootfarm.org Event: R osh Hashanah Celebration At: Time: L ooking for a way to celebrate your Jewish heritage but remain true to your secular beliefs? Join our haimish group for this year’s observance of Rosh Hashanah. Service will be led by Rabbi Frank Tamburello and will feature the poet, author and scholar Jennifer Hecht as guest speaker. Community Unitarian Church 468 Rosedale Ave, White Plains, 7-9:30PM their unique style of urban-Latino Event: Ozomatli performs Thursday 9/9 onstrations by local chefs. Yorktown Grange Fairgrounds 99 Moseman Road Yorktown Heights See website (914) 962 3900 www.yorktowngrangefair.org Event: C hicken Chatter: Program for 3-To-5 Year Olds Tuesday 9/7 Event: W estchester Sandbox Theatre Young People’s Theatre Auditions At: Time: Contact: Website: hip hop, salsa, samba, funk, merengue, comparsa, East LA R&B, New Orleans second line, Jamaican reggae and Indian raga. At: Paramount Center for the Arts 1008 Brown St., Peekskill Time: 8 PM Cost: $25 Contact: (914) 739 2333 Website: www.paramountcenter.org Friday 9/10 Event: Roberta Flack performs Event: 8 6th Yorktown Grange Fair 9/9-9/12 Westchester’s only agricultural fair. Livestock and produce judging. Family fun and entertainment. Rides, Baking contest, food dem- At: Time: Cost: Contact: Website: Paramount Center for the Arts 1008 Brown St., Peekskill 8 PM $55-75 (914) 739 2333 www.paramountcenter.org Page 14 THURSDAY, SEPTEMBER 2, 2010 The Westchester Guardian Westchester Theatre Directory September 2, 2010 Now Playing: Hudson Valley Shakespeare Festival End of Season, Final Performances Rotating Repertory productions; Troilus and Cressida 9/1, 9/4 The Taming of the Shrew 9/2, 9/5 Bomb-itty of Errors 9/3 includes wine tasting (Bomb-itty is a familyfriendly rap adaptation of A Comedy of Errors) At: Boscobel Restoration, 8 miles north of the Bear Mountain Bridge on Rt. 9D Times: Tu, Wed, Thur 7 PM Fri, Sat 8 PM Sun 6 PM Cost: Tu, Wed & Thur $34 Fri & Sun $40 Sat $47 Contact: (845) 265 9575 Website: www.hvshakespeare.org Coming in the Fall: Westchester Broadway Theater Blueberry Pond Theater The Lady With All the Answers A play about Ann Landers 10/8 & 10/9 Hudson Stage Company Salvation A new play by James McLindon 10/29-11/13 Pound Ridge Theater Company Event RENT This revolutionary rock musical has transformed a generation of theatre-goers. Set in New York City’s East Village,it is an imaginative retelling of Puccini’s opera,La Boheme. At: Westchester Broadway Theater 1 Broadway Plaza, Elmsford Times: 9/1, 9/2 11:15AM, 9/3, 9/4 6:15PM 9/5 11:45AM & 5:15PM 9/8 11:15AM, 9/9 11:15AM & 6:15 PM Cost: $80.53 – includes dinner Contact: (914) 592 2222 Website www.broadwaytheater.com Moon Over Buffalo by Ken Ludwig 11/5-20 Schoolhouse Theater Brownsville Bred Written, performed, and lived by Elaine Del Valle 9/30-10/17 Yorktown Stage Fiddler on the Roof 11/13-28 Fiddler on the Roof The Westchester Guardian Letters to the Editor Continued from page 4 others “how?” they usually told tales of keeping the previous years’ tests and teaching to the tests. Sound familiar? That is why I was delighted to see Bloom’s Taxonomy as the focal point of Mr. Abady’s editorial. The question in my mind was always “Where is the building of cognitive knowledge, and the ability to think and reason?” During my teaching career, I did not use true/false or multiple guess (sic) examinations. They are the equivalent of the first step of Bloom -- knowledge. Instead, I used case studies and thought provoking questions that tested thinking, reasoning, and critical judgment. The major problem I encountered was students’ lack of writing skills. I also taught in two other proprietary colleges and one CUNY school. The demographic was the same, and poor writing extended across the entire demographic. There were students who excelled, but the number of papers I received that were incoherent or lacking the basic Introduction-Body-Conclusion structure was the norm. Statistically speaking, of course. I have a Masters in Instructional Technology, but unfortunately, I cannot say I was able to use much of what I learned. Whether the problem was the students or the limits of the syllabus I could not determine without research, which was frowned upon. Will the voters speak with their votes, or will they cling to the old adage when their children do poorly, “They can always be civil servants.” (That is not meant to disparage those people who ably serve the people of New York in that capacity.) Michael Rothman White Plains, New York To the Editor: Michael Limato wrote a provocative and courageous article in your August 12th edition which is likely to cause considerable discussion. His “The Black and White States of America” paints a powerful portrait of some of the key cultural and political challenges we face since the election of Barack Obama. Unlike Eric Holder’s babble regarding a dialogue on race, Limato offers direct albeit arguable data and opinion supporting a real dialogue and not the usual monologues we get from people on either side of the issue. Frankly, it is time to put to rest this whole notion of “racial debate” and look at these issues in proper context. We need to bring together all people in our society by deed as well as word by simply looking not at “celebrating diversity” but “celebrating similarity.” Barack Obama, my candidate and now my president, had an opportunity to put things on such a path several times over the past year. He has chosen not to for his own reasons. Limato’s account of his appearance on the television show, “The View,” is a perfect example of a so-called “teaching moment” gone astray. Barbara Walters asked him why he did not identify himself as being “multi-racial?” This was a moment to teach and to lead; one that would not have been wasted by Martin Luther King. King’s celebratory moments would have been directed at something quite different than diversity or divisiveness. Obama chose to waffle instead, and worse, to label himself and so many others as “mongrels.” I don’t think it is important to take offense at the term. Words are only as powerful as we permit them to be. Rather, we should be offended by the loss of opportunity and ponder whether or not he chose to maintain the political status quo, substituting political correctness for “oneness.” a nation coming together and not growing apart. He seems to have chosen to maintain a culture fragmented by the special needs of groups of Americans to seek out some sense of uniqueness rather than working towards advancing America as “one nation indivisible.” It is time to put aside all of these needs for special interests, entitlements, victimization or whatever else supports separation over collaboration. We should be fair in judging this good man. He has had nothing but serious issues and obstacles in his path since taking office. A number of these are, frankly, malevolent and not worthy of those representing the interests of the American people. Specifically, he gets little or no support from the opposition THURSDAY, SEPTEMBER 2, 2010 party and many in his own party and his staff have not served him well, especially when they put their own biases and prejudices ahead of serving the people and their President. However, Barack Obama must come to terms with these facts as well as measuring his footprint in history differently from what he seems to be articulating to the public. Yes, he has passed historic legislation, but what price glory if it divides the nation? The Greeks label these kinds of accomplishments as “Pyrrhic victories”; or in more common terms, winning the battle but losing the war. It is time to concentrate our energy and resources inwardly, and pull back from over committing to other nations especially in terms of financial foreign aid. We have inner cities being consumed by hatred and violence. Americans are killing Americans indiscriminately and this is not something we can or should label in any racial or cultural term. It is a tragedy transcending labels and is our nation’s responsibility to assist in solving this horror. We have too long ignored the poor and hungry of Appalachia; inadequately addressed the issues in the Gulf Coast both pre and post Katrina; stood by while children in black, brown, white, and multiracial communities have been neglected, poorly educated, and left with a legacy of despair and damage. Where is this “hope we all can believe in?” It lies in the will of our President, our legislators, and in us to demand change, to challenge hypocrisy, special interests, and restore the vision of our Founders as well as the work of great Americans such as Abraham Lincoln and Martin Luther King. Mr Obama, you honor and ennoble all mixed-race families, including your own, by embracing similarity over divisiveness and diversity. You must be aware of the thousands of multiracial families; most coming together by choice and enriching our society. They are not mongrels. Neither are you! You have it in your power to bring forth change in your administration that produces a climate to support oneness; one America. Attitudes change by personal experience and introspection; attitudes are not the business of legislation or law. I think we all can agree that most people Page 15 are decent and open. We can and should continue to work towards changing behavior. Leave it to the individual citizen to think about what is right and wrong. Support the citizen by example, and with your teaching moments. Surely, the example set by Prof. Henry Louis Gates and Sgt. Crowley is not lost on any right thinking American. They chose to become friends out of a sad experience because they were decent and open. Thank you Michael Limato for an important contribution to our American experience and shared culture. I have no idea what your personal ideology is concerning the topic. Frankly, it doesn’t matter that much. Your actions speak well for you and I hope whatever sentiments this article brings forward go well beyond what we sadly have come to expect from too many people. Can we at least sign up for the importance of similarity and let the movement of time and the inherent decency of the American people bring us to the balance we need and deserve? Warren Gross New Rochelle, New York Editor’s note: Much is made of Obama’s use of the word “mongrel.” It is not an epithet unless you are a member of the tony Kennel Club set. The dictionary definition is “any animal or plant resulting from the crossing of different breeds or varieties;” “of mixed breed, nature, or origin.” The President is a bi-racial man, half black, half white, reared in a white environment. Barbara Walters asked why he identifies himself as black and not bi-racial. He explained how he settled on his identity, pointing out that most American blacks are “mongrels,” i.e., have some white ancestry, and yet, still identify as African American and not something else. Makes sense to me. To the Editor: Why is it that African Americans are never mentioned when the topic of illegal immigrants is brought up? We are affected by illegal immigration more than anyone because we are the ones who must compete with them for work. They even take jobs from kids. I live in Mount Vernon and the problem of illegal immigration is killing us. It is said they do the jobs Americans Continued on page 16 Page 16 The Westchester Guardian Letters to the Editor Continued from page 15 won’t do. That is not true. If the job paid what the law said it should pay, we would take it. Everyone talks about how this country was built on the backs of immigrants, as if we black people had nothing to do with building this country. This country was built by slave labor, but no one wants to admit it. We were brought here before most immigrants, and we did not ask to come. For those who say we need immigration reform or the law is broken, read the law first. It is illegal to hire illegal immigrants or harbor them, but they are working all over Westchester in jobs that any American would take if the pay was right. Why is our government not cracking down? This is not good for the country. If there were a crackdown, there would be less crime and fewer people on welfare because there would be more jobs for all Americans. Joshua Askew Mount Vernon, New York To the Editor: Reading Jeffrey Heller’s article “Hogs at the Trough” (Guardian, August 5, 2010), left me a bit confused, and a lot angry. There are several points Heller made that I seriously question. Regarding the food stamp shopper who buys Kelloggs Cornflakes, Heinz Ketchup, beefsteak, peppers from Holland and Fiji water, did Heller ever consider if the shopper used coupons or if the items were on sale? Brand name cornflakes and ketchup can actually end up being less expensive with careful use of coupons, or when “on special.” Additionally, generic brands sometimes are tasteless and watered down. I am almost certain the food stamp shopper wasn’t buying filet mignon or sirloin. London broil has been on sale recently for $1.47 a pound -- cheaper than a pack of hot dogs. I don’t understand Heller’s advocating George Stigler’s menu of “wheat flour, evaporated milk, cabbage, spinach and dried navy beans.” This so-called theoretical diet to maintain good health was written in 1945. Guidelines to good nutrition -- sixty-five years later -- have certainly changed. Cabbage and spinach are expensive when out of season. To eat such a diet day in and day out certainly does not give any pleasure or satisfaction. Now, I agree that “For decades, Americans spent more than we earned.” However, Heller’s list of “Our big houses, TV’s, cars, vacation, medical bills, education, food and fuel” has some items which should not be included. Yes, MacMansions are obscene, and so are 47 inch TV’s. Since TV’s went digital, I no longer have a working TV. But I object to medical bills being on Heller’s list. After all, it is no fault of individuals who get cancer, Alzheimer’s, Parkinson’s, and a multitude of other serious illnesses. What are they supposed to do? Not take their medications and curl up and die in a corner? Is it their fault that pharmaceutical companies have a ten-year patent before a drug becomes a generic, or that these companies justify the high cost of some medications by saying they are needed to pay for research and development? And why is “education” on Heller’s list? Is he advocating cutbacks in elementary schools? I know, let’s go back to the 50s when my first grade class had fiftyfive students. Or are the cutbacks aimed at high school? Why not encourage teenagers to quit at sixteen and end up in low-paying, dead-end jobs for the rest of their lives? That would save a ton of money. And if Heller is talking about college, then he would not be a lawyer, asylum expert, and registered nurse, without his education. I did not have an easy time getting a college education. I worked for five years in a corporate job, went to Westchester Community College at night, earned my two-year degree and enough money to quit my job and attend Lehman College full-time, thus paying 100% of my college expenses. Easy, no. But higher education was fulfilling, enriching, ennobling, and soul-satisfying, though not lucrative. A friend of mine who did not graduate high school and parked cars at Playland made more money than I did as an elementary school teacher. Heller said that “ending benefits like Medicare and Social Security for people who can make do without them” would result in “real savings.” What about all our seniors who paid into these two THURSDAY, SEPTEMBER 2, 2010 funds for 40-50 years? Just who would be in “charge” of determining who “could make do without them”? And besides, Social Security already has a built-in system that seniors with an annual income of more than $25,000 have to pay back $1 for every $2 received. This includes distributions from 401k’s, pensions, and interest income, thus effectively limiting payments to those who do receive Social Security. I take exception to Heller’s ending: “After all, all of us hogs had a place at the trough.” I was not a hog. I had to give up our car when my husband died because I could not afford upkeep, insurance, etc. As a result, now I take trains and buses, live in a rented apartment, go to the public library for “recreation” and take no, or low-cost, day “vacations” to some of Westchester’s wonderful parks, nature centers, etc. Nor do I consider the majority of my friends, acquaintances, and family to be “hogs.” No, we are more like lost sheep, following paths of destruction, set up by those who promise love, happiness and well being if we get that 7,000 square foot house; the new car every two years; the most up-to date electronics; designer clothes; and take lavish vacations which costs as much as feeding the people of a Third World country for a year. Mari Castrovilla Yonkers, New York Editor’s note: Jeff Heller was not blaming the food stamp shopper, but the opposite. His reference to Stigler’s diet was tonguein-cheek. His point was not that education and medical care are bad, but rather, that they have been paid for with borrowed money. What is borrowed must be paid back. Not sure why Ms. Castrovilla abandoned digital television service. The government issued $40 coupons to buy a converter. Electronic stores now sell them for around $26. To the Editor: In what direction are we going in the good old USA? To me, it appears we are headed in the same direction as the Roman Empire and the Third Reich which was supposed to last a thousand years. The reason for this is that we are touting such things as a child in the womb has no civil rights since it is not human. How can a child in the womb not be human? In addition, we hear people touting gay marriage as a civil right. Things of this nature are just the beginning. I’m sure other things will follow if the Supreme Court and other agencies become more liberal. It does not take much to ignite the flames of hatred, immorality, greed and the like. If you are like me, and want to prevent these things from occurring, we must then put truth and true justice into our society so that the Star Spangled Banner will be respected around the world. God bless America and its people. May true love and respect return to us. George Imburgia New Rochelle, New York America On Trial Continued from page 7 How would we react if foreigners dropped bombs on our neighborhoods, broke into our houses, killed and abducted our families and friends? Wouldn’t we resist like Johnny Hopper? Wouldn’t we tell our children to resist? You would get out your deer rifle, prepare a Molotov cocktail, and not worry about legal “privilege” and fancy packaging. You would fight back. For doing that at his father’s command, Omar Khadr faces life in prison. It is too late for America to treat him fairly. Whatever his fate, eight years of his life at Gitmo are gone; the effect on this adolescent, now a young man, is permanent. But it is not too late to cut our losses, and his. Omar Khadr belongs in Canada. Justice demands we send him home to his mother. Not just for his sake, but for ours, too. Jeffrey Heller is a lawyer, asylum expert and registered nurse. He is a graduate of Duke University and the University of Chicago Law School, and former adjunct professor at Brooklyn Law School and Seton Hall University School of Law. The Westchester Guardian THURSDAY, SEPTEMBER 2, 2010 Page 17 Destabilization and the Cult of Economic Analysis Continued from page 8 policy. CBA measured the social and economic costs of dredging a river here, building a dam there, to achieve the benefit of an interconnected waterway system. CBA has a relatively long history of successful application in domestic problem solving because domestic problems exist in a relatively controllable environment. The political apparatus exists to enact the necessary laws and regulations to achieve a CBA-dictated outcome. This begs the question of how successful CBA has been in the global arena. International politics is a different beast. Historical developments determine the formation and type of government in each nation state, and affect each state’s alliances or ties with other states. As a result, states which can determine their own fate internally lack the ability to unilaterally arrange the external world as they wish. Iran, once known as Persia, makes the point. Iran is home to one of the world’s oldest, continuous, major civilizations, dating back to nearly 3000 B.C.E. The Medes and Chaldeans of the Old Testament were Persian. The armies of the Persian King, Xerxes I, fought the now-famous 300 Spartans at Thermopylae. Persians fought the Byzantines throughout the Seventh Century. The Persians remained a major player on the world stage until the Mongol invasion of the early Thirteenth Century. The advent of Europe moved Persia back to the forefront of world affairs as a counterweight to Turkish and later Russian expansionism. From the middle of WWI to the end of WWII, the British were chiefly involved in the development of modern day Iran. Afterward, the U.S. assumed the leadership mantle in world affairs previously occupied by Britain. It focused on containing Soviet expansionism during the Cold War. In 1951, Iran held parliamentary elections and elected the immensely popular Iranian nationalist, Mohammed Mossadeq, as Prime Minister. The election was ratified by the Shah, Mohammed Reza Pahlavi. Mossadeq sought to nationalize his nation’s oil industry controlled by the British to secure a strong future for an independent, democratic Iran. The British and Americans were alarmed. They feared Mossadeq was falling into the Soviet orbit. They weighed the costs of military action against Iran to protect British oil interests against the alleged benefits of lesser aggression. They decided to embargo Iranian oil shipments to destabilize Iran. After that, the U.S. under Dwight Eisenhower undertook the first CIA-hatched plan to undermine a foreign nation, “Operation Ajax.” It was successful, Iran suffered a coup d’état, Mossadeq was deposed, and the CIA installed Pahlavi on the Peacock thrown as Iran’s empowered monarch. The resulting tragedy was practically a foregone conclusion. The autocrat Pahlavi used Savak, the Shah’s secret police, to torture dissidents, and created the conditions which gave rise to the reactionary Islamic Revolution of 1979. To this day, the U.S. and Iran do not have diplomatic relations. Had we not deposed Mossadeq, it is likely Iran would be a modern democracy today, albeit possibly a socialist one. In 1961, the U.S. employed destabilization again to foment a coup in the Democratic Republic of the Congo headed by the popular anti-colonialist, Patrice Lumumba. The CIA facilitated Belgium agents who assassinated Lumumba. The result was fifty years of internal war, famine and millions dead. The U.S. employed destabilization again in Guatemala which left over 200,000 people dead from government-sponsored genocide against the indigenous Mayan population. Destabilization was employed in the 1980s in Afghanistan when the U.S. armed bin Laden’s forces who fought the Soviets. Today, we are fighting those same Islamists we previously armed. Destabilization was employed again in Serbia in the 1990s to curb Russia’s influence in Yugoslavia and Islamic elements in Bosnia. This led to Slobodan Milosevic’s genocidal actions against Bosnian Muslims. The destabilization list goes on -Haiti, Rwanda, Somalia, to name a few. Each time, destabilization was determined by a cost-benefit analysis. In each case, the long-term consequences have been disastrous. In 1999, President Clinton apologized for U.S. destabilization of Guatemala. In 2000, Secretary of State Madeline Albright apologized for Operation Ajax, the Mossadeq coup and U.S. destabilization of Iran. Destabilization exposes the inherent flaw in employing CBA as a decision making tool in foreign affairs. CBA distorts our perception because, as an economic paradigm, it cannot account for variables which do not fit the paradigm. As a result, information used to determine foreign policy is incomplete and the resulting policy is flawed. If your neighbor’s living arrangements make you uncomfortable and you want him to change, first, you must understand how and why he lives as he does. Otherwise, you cannot induce him to change. Measuring the costs and benefits of imposing change on him by military force versus destabilizing him by other means does not bring about long-term change for the better, as the above examples demonstrate. Destabilizing foreign governments has long outlived its usefulness. It would be far more productive to employ dialogue, not confrontation, as our primary means of conflict resolution. Millions of fatalities and decades of war attest to the failure of CBA-determined destabilization as a political tool in global affairs. This book did much to raise awareness of the issue, as has Jim Dwyer’s book, Actual Innocence, co-authored by Barry Scheck and Peter Neufeld. It is a textbook about the systemic deficiencies that lead to wrongful convictions, and details real cases of wrongful conviction. Public relations professionals also represent a vital arm of the innocence movement. Non-profits dedicated to righting wrongful convictions need exposure. The Innocence Project, for example, has its own media department. Each exoneration represents an opportunity to educate the public and elected officials about wrongful convictions, and hopefully, this sensitizes them to the need for remedial legislation. Public relations experts issue press releases, coordinate press conferences, arrange media interviews, utilize social Continued on page 19 Christopher MacAlpine is a professional musician and has B.A. and M.A. in International Relations from the University of Pennsylvania. He previously published The Springfield Sun. His music can be heard at www.soundclick. com/christophermacalpine. Careers in the Innocence Movement Continued from page 9 DNA testing, eyewitness identification procedures, and other critical measures to improve the state’s criminal justice system.” Peter Shellem posthumously won the network’s Lifetime Achievement Award for his work as an investigative journalist who “almost singlehandedly exonerated five people in unrelated cases. They served a combined total of more than 68 years in prison. In each case, Shellem uncovered evidence of innocence that police, attorneys and courts had missed and spent years working to free people who were wrongfully convicted.” Writing books is another way to aid the innocence movement. Noted potboiler/legal thriller writer, John Grisham, wrote The Innocent Man about the wrongful conviction and exoneration of Ron Williamson and Dennis Fritz. Page 18 The Westchester Guardian THURSDAY, SEPTEMBER 2, 2010 LEGAL NOTICES Notice of Qualification of AEF LLC, NYS fictitious name AEF BURGESS LLC. Authority filed with Sec of State of NY (SSNY) on 6/25/10. Office location: Westchester County. LLC formed in DE: 3/19/10. SSNY designated as agent of LLC upon whom process against it may be served and shall mail process to: c/o Adam Frieman, 15 Burgess Rd, Scarsdale, NY10583. DE address of LLC: c/o CSC, 2711 Centerville Rd, Ste. 400, Wilmington, DE19808. Arts. of Org. filed with DE Sec of State, 401 Federal St., Dover, DE19901. Purpose: any lawful activity. Name of Company: Eco-Structure Construction Services, LLC Date of Filing : May 11, 2010 County Location: Westchester County The secretary of state is designated as agent of the limited liability company upon whom process against it may be served. The post office address within or without this state to which the Secretary of State shall mail a copy of any process against the limited liability company served upon him is : Mojgan Mirfachrai, 270 Bronxville Road, suite B33, Bronxville, NY 10708. Registered agent: Mojgan Mirfachrai, 270 Bronxville Road, Suite B33, Bronxville, NY 10708. Character / Purpose of business: Construction Management, Contracting and Consulting. Edmen Holdings, LLC Articles of Org. filed NY Sec. of State (SSNY) 5/21/2010. Office in Westchester Co. SSNY design. Agent of LLC upon whom process may be served. SSNY shall mail copy of process to C/O Stern Keiser & Panken LLP 1025 Westchester Ave STE 305 White Plains, NY 10604. Purpose: Any lawful activity. Private Label Autographs, LLC Articles of Org. filed NY Sec. of State (SSNY) 8/24/2010. Office in Westchester Co. SSNY design. Agent of LLC upon whom process may be served. SSNY shall mail copy of process to C/O Salvatore M. Di Costanzo / Mcmillan Constabile Maker & Perone, LLP 2180 Boston Post Road Larchmont, NY 10538. Purpose: Any lawful activity. KLJ Meetings & Events LLC Articles of Org. filed NY Sec. of State (SSNY) 5/10/2010. Office in Westchester Co. SSNY design. Agent of LLC upon whom process may be served. SSNY shall mail copy of process to Alison McCartin 2 Bassett Court Baldwin Place, NY 10505. Purpose: Any lawful activity. Notice of Qualification of PTERODACTYL HOLDINGS LLC. Authority filed with Sec of State of NY (SSNY) on 6/25/10. Office location: Westchester County. LLC formed in DE: 4/9/10. SSNY designated as agent of LLC upon whom process against it may be served and shall mail process to The LLC, 16 Colonial Rd, White Plains, NY10605. DE address of LLC: c/o CSC, 2711 Centerville Rd, Ste. 400, Wilmington, DE19808 . Arts. of Org. filed with DE Sec of State, 401 Federal St., Dover, DE19901. Purpose: any lawful activity. Notice of Formation PROFCME, LLC Arts. of Org. filed with SSNY 8/3/2010. Off. Loc.: Westchester Cnty. SSNY designated as agent of LLC whom process may be served. SSNY shallmail process to: c/o The LLC, 500 Central Park Ave., Unit 333, Scarsdale, NY10583. Purpose: all lawful activities. 569 East 184th Street, LLC Articles of Org. filed NY Sec. of State (SSNY) 5/3/2010. Office in Westchester Co. SSNY design. Agent of LLC upon whom process may be served. SSNY shall mail copy of process to C/O Stern Keiser & Panken, LLP 1025 Westchester Ave Ste 305 White Plains, NY 10604. Purpose: Any lawful activity. Tekne’ LLC Articles of Org. filed NY Sec. of State (SSNY) 8/16/2010. Office in Westchester Co. SSNY design. Agent of LLC upon whom process may be served. SSNY shall mail copy of process to The LLC 77 Lime Kiln Road, 2G Tuckahoe, NY 10707. Purpose: Any lawful activity 27-29 North Mortimer Avenue, LLC Articles of Org. filed NY Sec. of State (SSNY) 6/24/2010. Office in Westchester Co. SSNY design. Agent of LLC upon whom process may be served. SSNY shall mail copy of process to The LLC P.O. Box 85 Yorktown, NY 10598. Purpose: Any lawful activity. Notice of Formation RYABB PROPERTIES LLC Arts. of Org. filed with SSNY 8/11/2010. Off. Loc.: Westchester Cnty. SSNY designated as agent of LLC whom process may be served. SSNY shall mail process to: c/o The LLC, 2965 Saddle Ridge Dr., Yorktown Heights, NY 10598. Purpose: all lawful activities. Cavallari Enterprises, L.P. Articles of Org. filed NY Sec. of State (SSNY) 5/18/2010. Office in Westchester Co. SSNY design. Agent of LLC upon whom process may be served. SSNY shall mail copy of process to C/O Christopher Romano, CPA 800 Westchester Ave Ste N405 Rye Brook, NY 10573. Purpose: Any lawful activity. Latest date to dissolve 12/31/2099. Reliance Air LLC Articles of Org. filed NY Sec. of State (SSNY) 4/19/2010. Office in Westchester Co. SSNY design. Agent of LLC upon whom process may be served. SSNY shall mail copy of process to The LLC 18 Rockinghorse Trail Rye Brook, NY 10573. Purpose: Any lawful activity. SUPREME COURT – COUNTY OF WESTCHESTER LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF GSAMP TRUST 2005-AHL2, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-AHL2, Plaintiff against LENOX BLIDGEN, et al Defendant(s). Pursuant to a Judgment of Foreclosure and Sale entered on March 12, 2010. I, the undersigned Referee will sell at public auction at the Lobby of the Westchester County Courthouse, 111 Dr. Martin Luther King, Jr. Boulevard, White Plains, N.Y. on the 22nd day of September, 2010 at 12:30 p.m. premises Beginning at a the corner formed by the intersection of the westerly side of McClellan Avenue with the southwesterly side of Vernon Avenue; Thence running northwesterly along said southwesterly side of Vernon Avenue 54.17 feet to the southeasterly line of Lot No. 19, Block 7 on said map; Thence southwesterly at right angels to said southwesterly side of Vernon Avenue and along said southeasterly line of Lot No. 19, Block 7, 94.50 feet to the northerly line of Lot No. 25, Block 7 on said map; Thence easterly along said northerly line of Lot No. 25. 6.03 feet to the northeasterly corner of said Lot 25, Block 7; Thence southerly at right angels to the last mentioned course and through Lot No. 25 Block 7. 45 feet to a corner; Thence easterly at right angles with said last mentioned courses and through Lots Nos. 24, 23, 22 and 21, Block 7 on said map, 100 feet to the westerly side of McClellan Avenue; Thence northerly along said westerly side of McClellan Avenue 69.76 feet to the point or place of beginning. Said premises known as 286 McClellan Avenue, Mount Vernon, N.Y. 10553. (Section: 165.28, Block: 4047, Lot: 13). Approximate amount of lien $ 548,267.38 plus interest and costs. Premises will be sold subject to provisions of filed judgment and terms of sale. Index No. 13231-09. Frank C. Praete, Jr., Esq., Referee. DeRose & Surico Attorney(s) for Plaintiff 213-44 38th Avenue Bayside, N.Y. 11361 914.426.0359 ... for beginners • Get Fit • Build Self-Confidence • Self Defense Join Our Classes Now Men,Women, Children belmars.com 5 PROSPECT AVE. • GROUND FL. • WHITE PLAINS Devan Enterprises, L.P. Articles of Org. filed NY Sec. of State (SSNY) 6/21/2010. Office in Westchester Co. SSNY design. Agent of LLC upon whom process may be served. SSNY shall mail copy of process to Catholing Shih 300 E 75th St Apt. 30G New York, NY 10021. Purpose: Any lawful activity Divot Capital LLC Articles of Org. filed NY Sec. of State (SSNY) 7/30/2010. Office in Westchester Co. SSNY design. Agent of LLC upon whom process may be served. SSNY shall mail copy of process to Jeffery H. Title 23 Kingston Road Scarsdale, NY 10583. Purpose: Any lawful activity. Notice of Qualification of Hoodwink Films, LLC. Application for Authority filed with the Secretary of State of New York (SSNY) on July 20, 2010. N.Y. Office Location: Westchester County. LLC formed in Delaware on September 17, 2004. SSNY has been designated as agent of LLC upon process against it may be served. The P.O. address to which the SSNY shall mail a copy of any process against the LLC served upon him/her is C/O the LLC: c/o Gelfand, Rennert & Feldman, LLP, 360 Hamilton Avenue, Suite 100, White Plains, New York, 10601. The Principal Business Address of the LLC is 360 Hamilton Avenue, Suite 100, White Plains, New York, 10601. Certificate of LLC filed with Delaware Secretary of State: Delaware Secretary of State Division of Corporations, John G. Townsend Bldg., 401 Federal Street Suite 4, Dover, DE 19901. Purpose of LLC: Film & TV Production. Legal Notice Notice of Formation of a Limited Liability Company (LLC): Name: DILAPI HOLDINGS LLC, Articles of Organization filed with the Secretary of State of New York (SSNY) on 07/27/2010. Office location: Westchester County. SSNY has been designated as agent of the LLC upon whom process against it may be served. SSNY shall mail a copy of process to: C/O DILAPI HOLDINGS LLC, 399 Knollwood Road, Suite 300, White Plains, NY 10603. Purpose: Any Lawful Purpose. Latest date upon which LLC is to dissolve: No specific date. SUMMONS Index No: 3522/10 Date of filing: July 30, 2010 CONSUMER CREDIT TRANSACTION Plaintiff designates New York County as the place of trial The basis of venue is that Defendants reside in New York County. The transaction took place in New York County Date Summons Filed: September 23, 2009 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK LANDMARK CAPITAL INVESTMENTS, INC., Plaintiff, -againstLIFE TIME CONSTRUCTION; SANTIAGO DE LOS SANTOS, Defendant(s), TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in this action, and to serve a copy of your Answer, or, if the Complaint is not served with this Summons, to serve a Notice of Appearance upon the Plaintiff’s attorneys within twenty (20) days after the service of this Summons, exclusive of the day of service, where service is made by delivery upon you personally within the State or within thirty (30) days after completion of service where service is made in any other manner, and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. YOU ARE HEREBY PUT ON NOTICE THAT WE ARE ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. The principal portion of the debt which you owe the Plaintiff, LANDMARK CAPITAL INVESTMENTS, INC. is $99,600.00 plus interest thereon from April 25, 2007 to June 16, 2009 in the sum of $22,232.95 plus interest thereon from June 17, 2009 in the sum of $2,609.12, as of September 17, 2009, plus interest shortfall in the sum of $18,381.73 plus non-attorney fees of $140.00. The name of the creditor to whom the debt is owed: LANDMARK CAPITAL INVESTMENTS, INC. Unless you dispute the validity of the debt, or any portion thereof, within thirty (30) days after receipt hereof, the debt will be assumed to be valid by the herein debt collector. If you notify the herein debt collector in writing within thirty (30) days after your receipt hereof that the debt, or any portion thereof, is disputed, we will obtain verification of the debt or a copy of any judgment against you representing the debt and a copy of such verification or judgment will be mailed to you by the herein debt collector. Upon your written request within said thirty day period, the herein debt collector will provide you with the name and address of the original creditor if different from the current creditor. Dated: September 17, 2009 Batavia, New York Danielle Mayer-Dorociak, Esq. ROSICKI, ROSICKI & ASSOCIATES, P.C. Attorneys for Plaintiff 26 Harvester Avenue Batavia, NY 14020 Phone: 585.815.0288 Before speaking to the police... call George Weinbaum ATTORNEY AT LAW FREE CONSULTATION: Criminal, Medicaid, Medicare Fraud, White-Collar Crime & Health Care Prosecutions. T. 914.948.0044 F. 914.686.4873 175 MAIN ST., SUITE 711-7 • WHITE PLAINS, NY 10601 The Westchester Guardian LEGAL NOTICES SUMMONS AND NOTICE OF OBJECT OF ACTION STATE OF NEW YORK SUPREME COURT: COUNTY OF WESTCHESTER ACTION TO FORECLOSE A MORTGAGE INDEX NO.: 8521/10 WELLS FARGO BANK, N.A. SUCCESSOR BY MERGER TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, vs. LUCILLE GLOVER, RENEE P. LOUIS, Et. al. Defendant(s). MORTGAGED PREMISES: 163 FISHER AVENUE WHITE PLAINS, NY 10606 SBL #:130.26-8-5 TO THE ABOVE NAMED DEFENDANT: You are hereby summoned to answer the Complaint in this action, and to serve a copy of your answer, or, if the Complaint is not served with this Summons, to serve a notice of appearance, on the Plaintiff(s) attorney(s) within twenty days after the service of this Summons, exclusive of the day of service (or within 30 days after the service is complete if this Summons is not personally delivered to you within the State of New York). In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. The Attorney for Plaintiff has an office for business in the County of Erie. Trial to be held in the County of Westchester. The basis of the venue designated above is the location of the Mortgaged Premises. Dated this 9th day of August, 2010, TO: LUCILLE GLOVER AND RENEE P. LOUIS, Defendant(s) In this Action. The foregoing Summons is served upon you by publication, pursuant to an order of HON. WILLIAM J. GIACOMO of the Supreme Court of the State of New York, dated the 2nd day of August, 2010 and filed with the Complaint in the Office of the Westchester County Clerk, in the City of White Plains. The object of this action is to foreclose a mortgage upon the premises described below, executed by LUCILLE GLOVER dated the 19th day of September, 2003 to secure the sum of $421,123.50, and recorded at Instrument No. 441810179 in the Office of the Clerk of the County of Westchester, on the 30th day of July, 2004; The property in question is described as follows: 163 FISHER AVENUE, WHITE PLAINS, NY 10606 SEE FOLLOWING DESCRIPTION Section 130.26, Block 8 and Lot 5 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the City of White Plains, County of Westchester and State of New York, known and designated on a map entitled “Map of the Fisher Estate, White Plains, N. Y., made by Charles M. Harris, C.E.”, as and by the Lot numbers a portion of Lot No. 223 and all of Lot No. 224, which said lots taken together are bounded and described as follows: BEGINNING at a point on the Southerly side of Fisher Avenue at the division line between Lots N. 224 and Lot No. 225 on the aforementioned map; RUNNING THENCE along said Southerly side of Fisher Avenue due East 75 feet to a point; THENCE through Lot No. 223 on the aforementioned map South 0 degrees 47 minutes 40 seconds West 124.90 feet to the Northerly line of Lot No. 214 on said map; THENCE along said Northerly line of Lot No. 218 and Lot No. 219, 75 feet to the division line between Lot No 224 and Lot No. 225 on said map THENCE along said division line North 0 Degrees 7 minutes 40 seconds East 124.90 feet to the point or place of beginning. Premises known as 163 Fisher Avenue, White Plains, New York HELP FOR HOMEOWNERS IN FORECLOSURE NEW YORK STATE LAW REQUIRES THAT WE SEND YOU THIS NOTICE ABOUT THE FORECLOSURE PROCESS. PLEASE READ IT CAREFULLY. SUMMONS AND COMPLAINT YOU ARE IN DANGER OF LOSING YOUR HOME. IF YOU FAIL TO RESPOND TO THE SUMMONS AND COMPLAINT IN THIS FORECLOSURE ACTION, YOU MAY LOSE YOUR HOME. PLEASE READ THE SUMMONS AND COMPLAINT CAREFULLY. YOU SHOULD IMMEDIATELY CONTACT AN ATTORNEY OR YOUR LOCAL LEGAL AID OFFICE TO OBTAIN ADVICE ON HOW TO PROTECT YOURSELF. SOURCES OF INFORMATION AND ASSISTANCE The state encourages you to become informed about your options in foreclosure. In addition to seeking assistance from an attorney or legal aid office, there are government agencies and non-profit organizations that you may contact for information about possible options, including trying to work with your lender during this process. To locate an entity near you, you may call the toll-free helpline maintained by the New York State Banking Department at 1-877-BANK-NYS (1-877-226-5697) or visit the department’s website at WWW.BANKING.STATE.NY.US. FORECLOSURE RESCUE SCAMS Be careful of people who approach you with offers to “save” your home. There are individuals who watch for notices of foreclosure actions in order to unfairly profit from a homeowner’s distress. You should be extremely careful about any such promises and any suggestions that you pay them a fee or sign over your deed. State law requires anyone offering such services for profit to enter into a contract which fully describes the services they will perform and fees they will charge, and which prohibits them from taking any money from you until they have completed all such promised services. § 1303 NOTICE NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the mortgage company who filed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and you can lose your home. Speak to an attorney or go to the court where your case is pending for further information on how to answer the summons and protect your property. Sending a payment to your mortgage company will not stop this foreclosure action. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. DATED: August 9, 2010 Steven J. Baum, P.C., Attorney(s) For Plaintiff(s), 220 Northpointe Parkway Suite G, Amherst, NY 14228 The law firm of Steven J. Baum, P.C. and the attorneys whom it employs are debt collectors who are attempting to collect a debt. Any information obtained by them will be used for that purpose. THURSDAY, SEPTEMBER 2, 2010 Page 19 Careers in the Innocence Movement Continued from page 17 media, and generate other written materials invaluable to the innocence movement. Development is critical to the innocence movement, too. All anti-wrongful conviction organizations need funds to carry out their mission. Knowledgeable fundraising professionals tap public grants, private foundations and wealthy individuals to support these groups. Investigators are vital to the innocence movement. DNA is only available in 10-12% of all serious felony cases. Investigation corrected many injustices. For example, investigator Jerry Palace and others on his team were instrumental in uncovering information presented to Justice Rory Bellantoni who overturned Officer Richard DiGuglielmo’s wrongful conviction. Sadly, his conviction was recently reinstated by the Appellate Division. The matter is now before the Court of Appeals in Albany. Finally, and perhaps most importantly, wrongful convictions can be avoided or corrected by conscientious law enforcement professionals. Dallas District Attorney Craig Watkins created a conviction integrity unit which reviews old SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER-COMPLIANCE PART OLINDA SALAZAR ORDER vs. Index No.:2190/09 Motion Date: August 16, 2010 The TOWN OF GREENBURGH AND SEAN FARMER LEFKOWITZ, J. The following papers numbered 1 to 8 were read on this motion by Stecich Murphy & Lammers, LLP, for an order granting it leave to withdraw as counsel for defendant, Sean Farmer, declaring Stecich Murphy & Lammers, LLP, has no further responsibility in this action, and staying the proceeding for 30 days. Order to Show Cause - Affirmation in Support -Exhibits 1-4 Affirmations of Service - Affidavits of Publication 5-8 Upon the foregoing papers and oral argument held on August 16, 2010, it is hereby ORDERED that the motion by Stecich Murphy & Lammers, LLP, to withdraw as counsel for defendant, Sean Farmer, is granted: and it is further ORDERED that the movant shall serve a copy of this order with notice of entry upon defendant Sean Farmer, by publication in two English language newspapers readily available at or near the place of Sean Farmer’s last known address, within ten days of entry: and it is further ORDERED that this action is hereby stayed for a period of thirty (30) days to allow defendant Sean Farmer, time to retain new counsel. Defendant, Sean Farmer, is directed to notify the Court and all counsel in writing within the 30 day period as to new counsel’s name and address, or defendant’s election to proceed pro se: and it is further ORDERED that all counsel and defendant Sean Farmer, if proceeding pro se, shall appear in the Compliance Part, Courtroom 800, for a conference on September 27, 2010 at 9:30 A.M. The foregoing constitutes the Order of this Court. Dated: White Plains, New York August 16, 2010 HON. JOAN B. LEFKOWITZ, J.S.C. TO: Law Office of Jerrold W. Miles, LLC Attorney for Plaintiff 313 North Main Street Spring Valley, NY 10977 Stecich Murphy & Lammers, LLP Attorneys for Defendants 828 South Broadway -Suite 201 Tarrytown, NY 10591 Sean Farmer 188 Tarrytown Road White Plains, NY 10607 Sean Farmer 10 Eastview Ave. Apt 9 White Plains, NY 10605 cases to ferret out possible cases of wrongful conviction. The Harris County District Attorney’s office has a similar unit. Numerous people have been exonerated by the Dallas program, and three by the Houston program, including the recently exonerated Michael Green who served twenty-seven years for a rape he did not commit. Jeff Deskovic spent sixteen years in prison for a murder and rape he did not commit. He writes about wrongful convictions and criminal justice issues. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER SUPPLEMENTAL SUMMONS AND NOTICE Index No. 14829/09 Date Filed: 8/23/10 JP Morgan Chase Bank, NA Plaintiff -against- Khristen Guerra f/k/a Khristen M. Kerr, Individually and on behalf of the Estate of Tony Guerra, if she be living, or, if she be dead, her spouse, heirs, devisees, distributes and successors in interest, all of whom and whose names and places of residence are unknown to Plaintiff; Washington Mutual Bank f/k/a Washington Mutual Bank, FA; The State of New York; Any unknown heirs, devisees, distributes or successors in interest to the late Tony Guerra, if they be living, or, if they be dead, their spouses, heirs, devisees, distributes and successors in interest, all of whom and whose names and places of residence are unknown to Plaintiff, and “JOHN DOE” #1 through “JOHN DOE #10”, the last ten names being fictitious and unknown to the Plaintiff, the person or parties intended being the person or parties, if any, having or claiming an interest in or lien upon the mortgaged premises described in the complaint, Defendants. PROPERTY ADDRESS: 189 Winfred Avenue, Yonkers, NY 10704 TO THE ABOVE NAME DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or a notice of appearance on the attorneys for the Plaintiff within thirty (30) days after the service of this summons, exclusive of the day of service. The United States of America, if designated as a defendant in this action, may appear within sixty (60) days of service hereof. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. NOTICE OF NATURE OF ACTION AND RELIEF SOUGHT THE OBJECT of the above captioned action is to foreclose a Mortgage to secure $180,000.00 and interest, recorded in the Westchester County Clerk’s Office on June 2, 2004, in Instrument Number 441271699 covering premises known as 189 Winfred Avenue, Yonkers, NY 10704. The relief sought in the within action is a final judgment directing the sale of the premises described above to satisfy the debt secured by the Mortgaged described above. Plaintiff designates Westchester County as the place of trial. Venue is based upon the County in which the mortgaged premises is situated. NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME IF YOU DO NOT RESPOND TO THIS SUMMONS AND COMPLAINT BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE MORTGAGE COMPANY WHO FILED THIS FORECLOSURE PROCEEDING AGAINST YOU AND BY FILING THE ANSWER WITH THE COURT, A DEFAULT JUDGMENT MAY BE ENTERED AND YOU CAN LOSE YOUR HOME. SPEAK TO AN ATTORNEY OR GO TO THE COURT WHERE YOUR CASE IS PENDING FOR FURTHER INFORMATION ON HOW TO ANSWER THE SUMMONS AND PROTECT YOUR PROPERTY. SENDING A PAYMENT TO YOUR MORTGAGE COMPANY WILL NOT STOP THIS FORECLOSURE ACTION. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. Dated: October 9, 2009 Shapiro, DiCaro & Barak, LLP Attorneys for Plaintiff 250 Mile Crossing Boulevard Suite One Rochester, NY 14624 (585) 247-9000 Our File No. 08-070990 Premises known as 189 Winfred Avenue, Yonkers, NY 10704. All that certain property situated in the City of Yonkers, County of Westchester, State of New York. Section 6 Block 6357 and Lot 38. Page 20 The Westchester Guardian THURSDAY, SEPTEMBER 2, 2010 www.westchesterguardian.com