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City Hall Watch April 4

UPDATE, April 4: TO: Ms. Mobley Terry FROM: Richard Kern, MSW

The Citizen Rights Commission's outrageous suspension of my First Amendment rights (on Feb. 7) was compounded in Saturday's News. In "Gadfly (a less than flattering name for me) vows to appeal judge's ruling . . . John J. DeFranks, 1st deputy dist. attorney, said the local prosecutors' office "intends to go forward" worth its own appeal of the Murphy ruling-delayed by the federal court case-& prosecute Kern in the Flynn case."

A corrupt District Attorney, who has knowingly prosecuted me 11 times on utterly false, politically motivated charges, was undoubtedly heartened by a Citizen Rights Commission, of all things, joining his attack on the First Amendment. Obviously, Clark cannot appeal Murphy's decision over 6 &Mac184; months ago. Clark had 30 days to file a notice of appeal . . for a convicted-criminal tamperer (ordered for psychological counseling, but hired & fired as City Residency Officer #2 before he paid the court fee) prosecuted by ADA [& candidate for judge!] Lisa Rodwin. Flynn faces federal civil rights charges by members of his own party for running the Independence Party as a virtual criminal enterprise).

I am waiting for the Commission to repair its ill-considered, swift attack on the First Amendment, furthering corrupt unaccountable government in a "Worst Governed City" ( GOVERNING Journal, Feb., 00)

Copy: City Hall WatchMarch 1

Ms. Sandra Mobley Terry, Chair Commission on Citizen Rights March 1, 2002

244 Hempstead Ave. (BMHA Kenfield Projects) Buffalo, NY 14215

Dear Ms. Mobley Terry: RE: My 90 day 'BANNING'

As you know, I am deeply troubled by your "banning" me from the 17th floor City Hall offices of the Citizen Rights Commission with no due process. I violated no law, being 'banned' simply because I have been critical of the Commission's inaction on police accountability.

I have gone to the office infrequently, perhaps once monthly, for less than 5 minutes. I have never threatened or intimidated the staff in any way. However, I have been told that the Commission held a special meeting with an attorney to consider a warrant for my arrest, leading to your certified letter & a 90 day 'banning'.

I have been a longtime observer & writer on the historically ineffective, unfunded, & unstaffed city hall civil rights body. Now a new Commission (with $167,000 of taxpayer funds) appointed by the same politicians keeping it weak & ineffective for years, apparently decided it cannot be criticized. In a free society, that is a serious problem, violating rights of free speech & the right to petition one's government for redress of grievances.

It is particularly troubling because of wide spread concern about police misconduct, focused by the current high profile FBI investigation & Federal trial of rogue narcotics officers. Neighborhood leaders fear calling police about drug activity because too often they are 'fingered' to dealers. Smalltime dealers complain of shake-downs for their drugs or cash, relishing the possibility of revenge if there were one officer cars . . .one reason some "dirty' cops lead the resistance to one-officer cars . . as "good cops" have little to fear patrolling alone in safe areas.

The 'blue line' is dramatically evident in the Owens case where 10+ cops pressured hospital staff to test the other driver for blood alcohol, while covering up for Owens, until nurses came forward. A similar pattern has occurred in the Commission, now responsible under Charter to monitor 'internal affairs', where DARE Officer Quintana's repeated misconduct is unaddressed because of personal relations within the Commission.

The Commission has seriously violated my citizen rights. I am unwilling to have the Commission smear my reputation by implying that I am 'crazy', violent or dangerous. That repeats a pattern of several corrupt politicians I have exposed, most dramatically my former Councilman Robert Quintana. I initially campaigned for him. He had me prosecuted seven times on utterly false charges for later exposing his corruption. (I have attached a copy of the police code of ethics showing requirements of cops, contrasted with their high profile misconduct)

I am reluctantly weighing legal action against the Commission, which could further tarnish the Commission's shaky credibility as it faces sharp budget cuts during the city's deep fiscal crisis. I prefer talking first. Perhaps you could meet with my longtime attorney Mike Kuzma (851-4138) & Loretta Renford, who can confirm that I have never been a threat to anybody. Except, that is, my vigorous expectation of open, accountable government . . . under the rule of law.

Urgently, Richard Kern, MSW cc: M. Kuzma, Esq.; NYCLU; L. Renford; B. Meyer (Buf. News)

354 Baynes St. Buffalo, NY 14213 (716) 882-2388 email: Kernwatch@AOL.com

website: www.Kernwatch.com




Update: First Amendment Rights
	City Hall Watch April 4 UPDATE, April 4: TO: Ms. Mobley Terry FROM: Richard Kern, MSW The Citizen Rights Commission's outrageous suspension of my First Amendment rights (on Feb. 7) was compounded in Saturday's News. In "Gadfly (a less than flattering name for me) vows to appeal judge's ruling . . . John J. DeFranks, 1st deputy dist. attorney, said the local prosecutors' office "intends to go forward" worth its own appeal of the Murphy ruling-delayed by the federal court case-& prosecute Kern in the Flynn case." A corrupt District Attorney, who has knowingly prosecuted me 11 times on utterly false, politically motivated charges, was undoubtedly heartened by a Citizen Rights Commission, of all things, joining his attack on the First Amendment. Obviously, Clark cannot appeal Murphy's decision over 6 &Mac184; months ago. Clark had 30 days to file a notice of appeal . . for a convicted-criminal tamperer (ordered for psychological counseling, but hired & fired as City Residency Officer #2 before he paid the court fee) prosecuted by ADA [& candidate for judge!] Lisa Rodwin. Flynn faces federal civil rights charges by members of his own party for running the Independence Party as a virtual criminal enterprise). I am waiting for the Commission to repair its ill-considered, swift attack on the First Amendment, furthering corrupt unaccountable government in a "Worst Governed City" ( GOVERNING Journal, Feb., 00) Copy: City Hall WatchMarch 1 Ms. Sandra Mobley Terry, Chair Commission on Citizen Rights March 1, 2002 244 Hempstead Ave. (BMHA Kenfield Projects) Buffalo, NY 14215 Dear Ms. Mobley Terry: RE: My 90 day 'BANNING' As you know, I am deeply troubled by your "banning" me from the 17th floor City Hall offices of the Citizen Rights Commission with no due process. I violated no law, being 'banned' simply because I have been critical of the Commission's inaction on police accountability. I have gone to the office infrequently, perhaps once monthly, for less than 5 minutes. I have never threatened or intimidated the staff in any way. However, I have been told that the Commission held a special meeting with an attorney to consider a warrant for my arrest, leading to your certified letter & a 90 day 'banning'. I have been a longtime observer & writer on the historically ineffective, unfunded, & unstaffed city hall civil rights body. Now a new Commission (with $167,000 of taxpayer funds) appointed by the same politicians keeping it weak & ineffective for years, apparently decided it cannot be criticized. In a free society, that is a serious problem, violating rights of free speech & the right to petition one's government for redress of grievances. It is particularly troubling because of wide spread concern about police misconduct, focused by the current high profile FBI investigation & Federal trial of rogue narcotics officers. Neighborhood leaders fear calling police about drug activity because too often they are 'fingered' to dealers. Smalltime dealers complain of shake-downs for their drugs or cash, relishing the possibility of revenge if there were one officer cars . . .one reason some "dirty' cops lead the resistance to one-officer cars . . as "good cops" have little to fear patrolling alone in safe areas. The 'blue line' is dramatically evident in the Owens case where 10+ cops pressured hospital staff to test the other driver for blood alcohol, while covering up for Owens, until nurses came forward. A similar pattern has occurred in the Commission, now responsible under Charter to monitor 'internal affairs', where DARE Officer Quintana's repeated misconduct is unaddressed because of personal relations within the Commission. The Commission has seriously violated my citizen rights. I am unwilling to have the Commission smear my reputation by implying that I am 'crazy', violent or dangerous. That repeats a pattern of several corrupt politicians I have exposed, most dramatically my former Councilman Robert Quintana. I initially campaigned for him. He had me prosecuted seven times on utterly false charges for later exposing his corruption. (I have attached a copy of the police code of ethics showing requirements of cops, contrasted with their high profile misconduct) I am reluctantly weighing legal action against the Commission, which could further tarnish the Commission's shaky credibility as it faces sharp budget cuts during the city's deep fiscal crisis. I prefer talking first. Perhaps you could meet with my longtime attorney Mike Kuzma (851-4138) & Loretta Renford, who can confirm that I have never been a threat to anybody. Except, that is, my vigorous expectation of open, accountable government . . . under the rule of law. Urgently, Richard Kern, MSW cc: M. Kuzma, Esq.; NYCLU; L. Renford; B. Meyer (Buf. News) 354 Baynes St. Buffalo, NY 14213 (716) 882-2388 email: Kernwatch@AOL.com website: www.Kernwatch.com