BUSH APPOINTEE in Northern District of New York, Deals Right to Dissent a Death Blow! Options

[Livyjr]

For an interesting and informative site on toxic tort law, starting with the police power of the "state", click on this URL now

http://www.nyenvlaw.com/chap2.htm

[Livyjr]

March 16, 1989

DIRECT TESTIMONY OF RENSSELAER COUNTY PUBLIC HEALTH DIRECTOR KENNETH VAN PRAAG

VAN PRAAG: This is from Livyjr as a Professional Engineer to Mr. Van Santvoord as a Professional Engineer.

IN PARTICULAR, THE LANGUAGE THAT WE FELT INAPPROPRIATE: "your proposal to excavate into a shale formation does not constitute sound engineering judgment as regards proper provision for sewage disposal, and will not be given further consideration by myself as district public health engineer.  I should like to take this opportunity to remind you that your obligation to any clients you may choose to represent in this county would be to assist them in evaluating their parcels for compliance with existing codes, AS OPPOSED TO INSTILLING IN THEM A BELIEF THAT THE CODES CAN BE CIRCUMVENTED WHEN PROPER SITE CONDITIONS DO NOT PRESENT THEMSELVES."

And here a reader has asked whether Kenneth Van Praag really did utter these words, and in what context, and could this person independently read these words somewhere other than this thread, and taking the last and making it first, most certainly one could find and read these words elsewhere than this thread ...

These words are sworn statements from a transcript of a proceeding that was recorded by a court stenographer ....

Copies of that transcript, which is well over 1,000 pages if I recall correctly, are located in the files of the Rensselaer County Clerk in the Courthouse Annex in Troy, New York, as official public records, where there is actually quite a treasure trove consisting not only of this transcript, but of video tapes and audio tapes as well ......

Along with pages and pages of exhibits as evidence ....

One of those videotapes is a prime example of what is called a "splice job" by the media up this way ....

Where they take snippets of footage and splice them together in a certain way to paint a picture or tell a story that is a complete and total fabrication, a "splice job" ...

This one was done by Christine Kapostacey Jansing at TV Channel 13 in Menands, New York, and it is probably state-of-the-art, I would say ....

Or a real fine example of the "art", anyway ....

Character assassination by "splice job" ......

A real slick job .......

Unless you know what really transpired ...

And then the true nature of the "splice job" stands out for what it is ...

FAKE NEWS ....

But who really cares ....

This transcript is also on file with the Appellate Division of the Third Judicial Department of the State of New York in Albany, New York.

As to the context, Mr. Van Praag was testifying under oath to someone named Philip Lance, Esq. as to why he could no longer have this engineer working for him as a public health engineer in the Environmental Health Division of the Rensselaer County Department of Health.

As to Philip Lance, his role in this proceeding is kind of murky, actually ....

As to who he was, Lance was a lawyer with Rensselaer County's Department of Social Services ....

And when he sent out NOTICES TO APPEAR, he billed himself as the "eyes and ears" of REPUBLICAN Rensselaer County Executive John L. Buono, who on October 12, 1988, had gone on the Six O'Clock News on TV Channel 13 in Menands, New York, where he told Christine Kapostacey Jansing that this engineer was insane and dangerous ....

So what he needed Lance as his "eyes and ears" for in March of 1989, who really knows .....

And since the press and the media never asked him that question, well .....

As to the proceedings themselves, well, they were a "show trial" that was covered on a daily basis by two or three television stations, as well as the Troy Record newspaper and the Albany, New York Times Union, and AM Radio 810 was there .....

And so, this statement by Van Praag was duly noted and recorded in a number of ways ....

And a very public statement it was, indeed ...

This licensed professional engineer could not come back in to the Rensselaer County Department of Health because he would not allow other licensed professional engineers operating in Rensselaer County to steer their clients around the applicable laws, rules and regulations so as to be able to "obtain" bogus subdivision approvals and sewage disposal permits in Rensselaer County ....

The start of what Rensselaer County calls a "long psychiatric history" in Federal District Court for the Northern District of New York ....

Here is where it all begins .....

[Livyjr]

"Experts: Roberts, Alito side with business"

By DONNA CASSATA, Associated Press
Last updated: 4:46 p.m., Sunday, January 1, 2006

WASHINGTON -- Business couldn't do any better than Chief Justice John Roberts and Samuel Alito on the Supreme Court.

The prospect of the two on the Supreme Court signals to manufacturers and businesses that they will have allies in high places, say academics and business experts.

One represented corporate interests as a private attorney; the other often sided with employers in lawsuits filed by workers.

Beyond their decisions in individual cases, the Roberts court also has the potential to craft a consistent philosophy on business issues, something that several academics argue has been lacking in recent years since the departure of Lewis Powell in 1987.

A former corporate lawyer, Powell built a reputation as business' friend during his 15 years on the Supreme Court.

The court's highly selective docket for the current term will give Roberts and Alito, assuming the latter is confirmed, ample opportunity to shape the court.

Among the critical issues for companies are the Supreme Court's decisions in antitrust cases, government regulation of land development and the commerce clause.

Certain to catch any court watcher's attention is how the new justices decide on whether to limit punitive damages in lawsuits against corporations.

"Both of them come out of a tradition of reading statutes narrowly."

"Both of them come out of a tradition of confining congressional power to the proper sphere," said Nathaniel Persily, a professor at the University of Pennsylvania Law School.

"In contrast to the more liberal members ... I see them more in favor of business."

Roberts spent more than a decade with the private law firm of Hogan & Hartson, arguing on behalf of Toyota and health maintenance organizations.

He wrote friend-of-the-court briefs for the U.S. Chamber of Commerce, participated in its moot court and earned its endorsement.

Alito compiled a record of backing businesses in employee claims of sex and racial discrimination during 15 years on the Philadelphia-based 3rd Circuit U.S. Court of Appeals.

Corporate cases were prevalent in the appellate court, whose jurisdiction includes Delaware.

More than half a million business entities call Delaware their legal home.

Abortion and social issues dominate the public debate over the Supreme Court, but business matters make up a significant portion of the justices' work.

Of the businesses cases, "while some are constitutional cases, many are statutory interpretations where Congress failed to decide or a written statute it is impossible or difficult to tell what they meant," said Quentin Riegel, vice president for litigation at the National Association of Manufacturers.

In December, the association endorsed Alito, saying, "With justices like Judge Roberts and Samuel Alito on the Supreme Court, we can begin to reduce the exorbitant cost of our legal system that consumes 2.3 percent of our GDP."

Lawyers and court watchers will be keeping close tabs on where Roberts and Alito stand on punitive damages against corporations.

Victor E. Schwartz, a lawyer and general counsel to the American Tort Reform Association, wondered what side Roberts and Alito would favor, especially since the court's coalitions have bucked the liberal-conservative lineup on social issues.

"The Supreme Court of the United States, in recent years, has held that the due process clause puts limits on the punitive damages awarded," Schwartz said.

He noted that Justice Sandra Day O'Connor has favored limits, but Justices Antonin Scalia, Clarence Thomas, Ruth Bader Ginsburg and John Paul Stevens have not.

While the opinions of Roberts and Alito have been thoroughly dissected, Schwartz said there is only a limited amount of information that could provide a clue on how they would decide on punitive damages.

Roberts, as the new boss on the court, has an opportunity to steer the court on business issues after what one academic described as years of inconsistency.

The post-New Deal court favored regulation and the 1970s court feared too much regulation, said David Skeel, a professor of corporate law at the University of Pennsylvania.

"The general thinking about Roberts and Alito, to the extent they have an effect, is they would tend to reign in the SEC's strict interpretation of major regulatory statutes," Skeel said.

One hurdle, however, is business' varied interests.

"Business isn't necessarily committed to the same principles," said John Coffee, a professor at Columbia Law School.

"Federalism cuts for or against them."

[Livyjr]

As to Philip Lance, his role in this proceeding is kind of murky, actually ....

As to who he was, Lance was a lawyer with Rensselaer County's Department of Social Services ....

And when he sent out NOTICES TO APPEAR, he billed himself as the "eyes and ears" of REPUBLICAN Rensselaer County Executive John L. Buono, who on October 12, 1988, had gone on the Six O'Clock News on TV Channel 13 in Menands, New York, where he told Christine Kapostacey Jansing that this engineer was insane and dangerous ....

So what he needed Lance as his "eyes and ears" for in March of 1989, who really knows .....

And since the press and the media never asked him that question, well .....

MARCH 15, 1989

DIRECT TESTIMONY OF RENSSELAER COUNTY PUBLIC HEALTH DIRECTOR KENNETH VAN PRAAG

QUESTIONING BY DEPUTY RENSSELAER COUNTY ATTORNEY GORDON MAYO

MAYO: Mr. Van Praag, I show you County Exhibit number 13 for identification and ask you if you're familiar with this document?

VAN PRAAG: Yes, I am.

MAYO: What exactly is the document, Mr. Van Praag?

VAN PRAAG: This is a memo from Livyjr to County Executive John Buono.

It's dated October 11 regarding integrity of environmental health programs.

This is the memo wherein Livyjr asked the County Executive to define concise chain of command consistent with the Public Health Law.

This is the same memo in which he accuses myself as the Public Health Director and the former engineer here of errors of omission and commission with respect to land use, land fraud, that sort of thing.

[Livyjr]

This is the same memo in which he accuses myself as the Public Health Director and the former engineer here of errors of omission and commission with respect to land use, land fraud, that sort of thing.

Ah, yes ...

I think I begin to see ....

Definite signs of mental illness emerge here ....

A long psychiatric history has just begun .....

[Livyjr]

"And you can also commit injustice by doing nothing."

- Marcus Aurelius

[Livyjr]

That is what this thread is all about ...

A story about America ...

About why levees fail when they should not have done so ...

Why dams fail when they have just been built ...

About why you drink sewage up here in the State of New York, or chemicals, when you turn on your faucet to get a drink of water on a hot summer day ...

Or why you bathe in sewage, when you take a shower ....

Or wash your children ....

"Hazardous waste sites in the Capital Region"

http://www.library.findlaw.com/1997/Jun/1/127681.html

The DEC maintains a list of sites statewide where industrially produced waste has damaged the environment.

Currently, at least 878 sites require some type of cleanup; that number may top 900 by 2000, as the department discovers more sites.

Sites are broken into 5 classes, from the urgent Class 1 -- indicating an imminent and irreparable danger to public health or the environment -- to Class 5.

The Capital Region has one of the highest concentrations of Class 2 sites in the state.

Class 2 sites are pose a "significant threat to the public health or environment" and require official action.

Class 2 Inactive Hazardous Waste Disposal Sites in the Capital Region:

Site Address Assessment

Northeast Industrial Park County Road 201, Guilderland Center arsenic, chromium and lead leaking to groundwater and Black Creek, which flows to Watervliet Reservoir

Al Tech Specialty Steel Spring Street, Watervliet heavy metals leaking to groundwater and Kromma Kill, with potential impact on Hudson River

Perfection Plating 911 11th Street, Watervliet chromium plume in groundwater migrating toward Watervliet Arsenal, flows through a residential basement

Albany Karner Road site Albany Street at Route 155, Colonie; buried drums of toluene, xylene and benzene threaten groundwater and adjacent wetlands

Former Adirondack Steel 191 Watervliet Shaker Road, Colonie PCB soil contamination, inconsistent site security since the EPA stopped work

NL Industries 1130 Central Ave., Colonie radioactive and chemical wastes, some groundwater contamination

Old Troy municipal incinerator Route 40, Brunswick groundwater contaminated with heavy metals; sediment in Lansingburgh Reservoir, where people fish, contaminated with lead

Alexander Schigel Property Route 67, Hoosick groundwater levels exceed standards for methylene chloride, acetone, tolulene and ethylbenzene

Former City of Rensselaer landfill Partition Street, Rensselaer heavy metals leaking into Hudson River tributary, which runs through residential neighborhood

BASF Manufacturing Plant 36 Riverside Ave., Rensselaer groundwater contaminated with chlorobenzene, coastal zone area

Niagara Mohawk maintenance facility Smith Ave., Troy industrial contaminants pollute groundwater, which discharges directly into Hudson River

Niagara Mohawk maintenance facility Route 50 and East Ave., Saratoga Springs groundwater and soil contaminated at levels exceeding standards; EPA action underway

Sterling Drug site 3 Riverside Ave. Extension, East Greenbush hazardous wastes in groundwater flows directly to Hudson River 500 feet away

Former Agway, Inc. Main Street, Eagle Bridge private wells contaminated with pesticides (filters installed); possibly contaminated aquifer discharging to Hoosick River

Farrell property Route 66, East Nassau lead and arsenic contaminate groundwater; site is adjacent to Black Brook, a trout stream feeding Kinderhook Creek

Storonske Cooperage 6 Kraft Road, Schodack private and public drinking water wells contaminated with heavy metals and solvents; two fitted with carbon filters.

Valley Falls Dry Cleaner 11 Lyon St., Valley Falls groundwater and residential drinking water wells contaminated by tetrachloroethylene; carbon filters installed, DEC action begun.

Schenectady International Route 5S, Rotterdam Junction ethylbenzene, phenols, and chlorobenzene leaking to groundwater and Mohawk River feeding public and private wells

Schenectady International 10th Street groundwater impacted by organic compounds and solvents; extent of contamination unknown; enforcement by DEC underway

General Electric Riverview Plant 1 Campbell Road, Rotterdam groundwater contaminated with solvents, heavy metals, traces of PCBs; leachate flows to Mohawk River tributary

General Electric Main Plant 1 River Road, Schenectady groundwater contaminated with industrial solvents; potential contamination of Poentic Kill, Poentes Kill, Mohawk River

General Electric plant Routes 4 and 32, Waterford groundwater contaminated with migrating amounts of solvents and industrial chemicals; GE purchased homes

General Electric former rocket test site Plains Road, Malta rocket fuel wastes contaminate groundwater at levels that exceed standards

United Plating 1776 Foster Ave., Schenectady groundwater levels of lead and cadmium exceeded standards in 1989 and 1991. DEC study of contamination underway.

Former Kitchton Cooperage 34 Freeman's Bridge Road, Scotia groundwater contaminated with 280 ppm of PCBs and with several industrial solvents

Campbell Plastics Campbell Road, Rotterdam groundwater contaminated with trichloroethylene; past disposals into Teller Kill

Knolls Atomic Power Laboratory River Road, Niskayuna groundwater contaminated by metal powders and other waste; additional environmental impacts unknown

Former South Glens Falls dragstrip Route 9, Moreau PCB oils used for dust control contaminated soil; cleanup completed, but DEC questioning its sufficiency

Northeastern Gravure Cylinder Service 1061 Saratoga Road, Moreau groundwater contaminated with chromium, possibly mercury due to improper waste management

Abalene/Orkin 10274 Saratoga Road, Moreau pesticides rinsed from container trucks contaminate soil and groundwater; DEC covered soil with gravel

Department of Transportation dredge spoil site West River Road, Moreau PCB sediment dredged from Hudson contaminates groundwater, which may be flowing back into the river

Department of Transportation dredge spoil site Route 29, Moreau dredged sediment PCBs leaking back to Hudson, possibly contributing to contaminated fish problem

Whitestone Motel Route 9, South Glens Falls soil contamination by PCBs up to 2,700 ppm; soil subsequently paved over; potential groundwater contamination

Hudson River sediment Hudson River between Fort Edward and Troy dam PCBs from General Electric found in sediment and in fish far above recommended safety levels

New York State Electric & Gas Central Ave., Mechanicville groundwater contaminated by coal tar; potential for surface water contamination

[Livyjr]

"Hazardous waste sites in the Capital Region"

http://www.timesunion.com/specialreports/h.../6/pcbchart.asp

Storonske Cooperage 6 Kraft Road, Schodack private and public drinking water wells contaminated with heavy metals and solvents; two fitted with carbon filters.

Storonske Cooperage ....

Down there in Schodack, New York ....

REPUBLICAN Rensselaer County Executive John L. Buono's home town ....

And he was livid .....

That the news had gotten out ....

Spring of 1986, and there it was, right on the cover of Capital Land magazine ...

"DON'T DRINK THE WATER ..."

A story detailing how an unsuspecting expectant mother was drinking chemical-laden water that may have played a part in birth defects of her child ....

And not a word was ever said to her of the danger by either the corrupt Rensselaer County Department of Health, or the corrupt New York State Department of Environmental Conservation, both of which knew of the hazards ....

But did nothing to protect the public health ....

It's all about protecting profits, instead ...

And that is what had Buono livid .....

The publicizing of this fact by this "LIBERAL, LEFT-LEANING YUPPIE" magazine .....

Here was Buono's REPUBLICAN-controlled Schodack right in the middle of a "LAND BOOM", and now this .....

It wasn't that people would be drinking chemicals or sewage down in Schodack, or anywhere else in Rensselaer County that had Buono so upset to the point of apolexy ...

It's that people might find out, and that would kill the land boom before he and his CRONIES had a chance to make the killing that they had positioned themselves to make .....

"NO MORE BAD NEWS ...."

That is what Buono screamed at me in June of 1986 when I first met him in my capacity as associate public health engineer in the Rensselaer County Health District .....

"I DON'T WANT NO MORE BAD NEWS ABOUT RENSSELAER COUNTY GETTING OUT, DO YOU UNDERSTAND!"

And I wondered who he thought he was talking to, actually ....

And I was to find out ....

NOBODY AT ALL ......

JUST A LACKEY ....

"HEY YOU, BOY, GO DO THIS ...."

And that was that .....

Keep the money moving ....

It is about the money ....

It is about the money ...

It is about the money ...

Hey, what do you know ...

Maybe I am finally becoming rehabilitated here .....

I wonder if they will now let me buy my way back into their good graces ....

I finally understand ....

YES, SING HALLELUJAH, SAY AMEN, MONEY IS GOD ....

And people are nothing ....

Yeah, right, John ....

I'd rather starve by the side of the road, thank you very much ....

This post has been edited by Livyjr: Jan 2 2006, 08:16 AM

[Livyjr]

"Hazardous waste sites in the Capital Region"

http://www.library.findlaw.com/1997/Jun/1/127681.html

And my apologies here ...

That is the wrong URL ....

That story came from

http://www.timesunion.com/specialreports/h.../6/pcbchart.asp

[Livyjr]

And once again, for anyone just coming by, what we are doing in here right now is conducting a sort of inquest, I would say ....

An inquest into a "murder", so to speak .....

Or really, an "assassination" .....

Character assassination, to be exact ....

The THEFT of an individual's identity, which was then assassinated ....

While the world looked on in indifference ....

Kitty Genovese, one more time ....

And for those who might not know, Kitty Genovese was a young woman who was slowly murdered down in New York City when I was younger, and what made her murder noteworthy was all of the people who watched or heard it happen, and yet, did not lift a finger to do a thing about it ....

Kitty Genovese

From Wikipedia, the free encyclopedia.

http://en.wikipedia.org/wiki/Kitty_Genovese

Catherine Genovese (1935 - March 13, 1964), commonly known as Kitty Genovese, was a New York City woman who was stabbed to death near her home in the Kew Gardens section of Queens, New York.

The circumstances of her murder and the apparent action (or inaction) of her neighbors were sensationalized by a newspaper article published two weeks later and prompted investigation into the psychological phenomenon that became known as the bystander effect or Genovese syndrome.

See also civil courage.

The victim

Genovese was born in New York City, the oldest of five children.

After her mother witnessed a murder in the city, the family chose to move to Connecticut.

Genovese, however, 19 at the time, chose to remain in the city; she eventually took a job as a bar manager and lived in a Queens apartment with her girlfriend/partner, Mary Ann Zielonko.

The attack

Genovese had driven home in the early morning of March 13, 1964.

Arriving home at about 3:15 a.m. and parking about 100 feet (30 m) from her apartment's door, she was approached by a man named Winston Moseley.

Genovese may have changed direction towards a nearby police call box, but Moseley overtook her and stabbed her.

When Genovese screamed out, her cries were heard by several neighbors but on a cold night with the windows closed only a few of them recognized the sound as a cry for help.

When one of the neighbors shouted at the attacker, Moseley ran away, and Genovese made her way towards her own apartment around the end of the building.

She was seriously injured but now out of view of those few who may have had reason to believe she was in need of help.

Other witnesses observed Moseley enter his car and drive away, only to return five minutes later.

He systematically searched the apartment complex, following the trail of blood to Genovese, who was lying, barely conscious, in a hallway at the back of the building.

Out of view of the street and of those who may have heard or seen any sign of the original attack, he proceeded to rape her, rob her, and finally murder her.

The entire attack had lasted (albeit intermittently) for approximately half an hour.

A few minutes after the final attack a witness, Karl Ross, called the police.

(He may not have been the first to call, but records of any earlier calls are unclear and were certainly not given a high priority by the police).

Police and medical personnel arrived within minutes of Ross's call; Genovese was taken away by ambulance and died en route to the hospital.

Later investigation revealed that at least 38 individuals nearby had heard or observed portions of the attack, though none could have seen or been aware of the entire incident.

Many were entirely unaware that an assault or homicide was in progress; some thought that what they saw or heard was a lover's quarrel or a group of friends leaving the bar outside which Moseley first approached Genovese.

The perpetrator

Winston Moseley, a business machine operator, was later apprehended in connection with another crime; he confessed not only to the murder of Kitty Genovese, but to two other murders as well, both involving sexual assaults.

Subsequent psychiatric examinations suggested that Moseley was a necrophiliac.

He was convicted of murder and sentenced to death, which was later commuted to life in prison.

In 1968, during a trip to a Buffalo, New York hospital for surgery, he overpowered a guard and took five hostages, sexually assualting one of them, before he was recaptured.

As of 2004, he was still alive and in prison.

The reaction

The story of Genovese's murder became an almost-instant parable about the supposed callousness, or at least apathy to others' plight, of either New York City or urban America in general.

Much of this framing of the event came in reaction to an investigative article in the New York Times written by journalist Martin Gansberg and published on March 27, two weeks after the murder.

The article bore the thrilling headline, "Thirty-Eight Who Saw Murder Didn't Call the Police"; the public view of the story crystallized around a quote from the last line of the article, taken from an unidentified 70-year-old neighbor:

"I didn't want to get involved".

While Genovese's neighbors were vilified by the article, in truth the idea of "38 onlookers who did nothing" is a misleading conception.

The article begins:

For more than half an hour thirty-eight respectable, law-abiding citizens in Queens watched a killer stalk and stab a woman in three separate attacks in Kew Gardens.

This lead is dramatic and factually inaccurate.

None of the witnesses observed the attacks in their entirety.

Because of the layout of the complex and the fact that each attack took place in a different location as Genovese attempted to flee her attacker, it would have been physically impossible for a witness to have seen the entire attack.

Most only heard portions of the incident without realizing its seriousness, a few saw only small portions of the initial assault, and no witnesses directly saw the final rape and attack in an exterior hallway which resulted in Genovese's death.

Nevertheless, media attention to the Genovese murder led to reform of the NYPD's telephone reporting system; the system in place at the murder was often inefficient and directed individuals to the incorrect department.

The melodramatic press coverage also led to serious investigation of the bystander effect by academic psychologists.

In addition, some communities organized neighborhood watch programs and the equivalent for apartment buildings to aid people in distress.

To this day the story of Kitty Genovese remains a rallying point for advocates of self-defense awareness.

Artistic reaction

Folk singer Phil Ochs alludes to the Genovese murder in the first lines of his song, "Outside a Small Circle of Friends."

In the acclaimed comic book series, Watchmen, Walter Kovacs believed that Kitty Genovese was the woman who initially ordered the dress with the distinctive shifting symmetrical liquids that he was fascinated with.

When he learned of her murder and the purported indifference of her neighbors to the crime, he was incensed at the incident.

In reaction, he took the fabric, which he had already fashioned into a mask, as part of his new identity as the superhero, Rorschach, to avenge her and other similar victims.

The cult movie The Boondock Saints opens with a preacher using the story of Kitty Genovese in a sermon to illustrate the point that passively watching a bad deed is as criminal as - or even worse than - committing the bad deed.

A 1975 made-for-TV movie, Death Scream, was loosely based on the Kitty Genovese murder.

External links

Court TV's Crime Library story on Kitty Genovese
Kitty Genovese: What you think you know about the case might not be true
Sound Portrait interview with Mary Ann Zielonko, Kitty Genovese's girlfriend
Phil Ochs' "Outside of A Small Circle of Friends" lyrics

Retrieved from http://en.wikipedia.org/wiki/Kitty_Genovese

[Livyjr]

And once again, for anyone just coming by, what we are doing in here right now is conducting a sort of inquest, I would say ....

An inquest into a "murder", so to speak .....

And what has really been "killed off" here is not so much an individual, but the "police power" of the State of New York that this individual represented by virtue of his license to practice as an engineer in the State of New York, in accordance with ALL federal, state and local laws, rules and regulations governing the practice of the profession, to protect and safeguard life, health and property in the State of New York.

"Salus populi est suprema lex ..."

The welfare of the people IS the highest law .....

Or it was, anyway ....

Up until now .....

Now, the protection of profits is the highest law ...

And the welfare of the people be damned ....

Right in front of our eyes up here in the State of New York, anyway, the law books have been completely re-written, and overnight .....

Out with the old ...

In with the new ....

A REPUBLIC of, by and for the PEOPLE is now a COMMERICAL REPUBLIC ....

And the welfare of the people is a thing of the past ...

Where the welfare of the people interferes with the making of profits, the making of profits shall prevail ....

And I am sure that the lawyers and judges have some kind of latin phrase for that "maxim", too ....

Just one I have never heard before ...

And really don't care to learn ....

Although I am having it "taught" to me, anyway, despite my own wishes in the matter .....

According to CONSTITUTIONAL LAW as it used to be up here in the State of New York, the "police power" of the state, to which associate public health engineers in the State of New York "belong", and of which, they are a part, rested to a large extent on the maxim "sic utere tuo ut allienum non laedas", or, "SO USE YOUR OWN THAT YOU DO NOT INJURE THAT OF ANOTHER ....", being the FUNCTION of the government by which this maxim is enforced.

According to the old Constitutional Law book in the State of New York, "Clearly, it (the police power) is NOT DESIGNED to permit the aiding of one group in a community as against another ..."

And yet, that is exactly what just transpired in this case ...

And right out in plain sight, to boot ....

And HO HUM said the UNITED STATES OF AMERICA ....

"OF COURSE IT IS ...."

"NOW ..."

"DO YOU FINALLY UNDERSTAND?"

And I guess that question is now for all of you out there who read these words ...

Do you?

And does it make a difference?

Or is that time in OUR America now long gone .....

A thing of the past ....

Like me and Mr. A.B. .....

[Livyjr]

"Salus populi est suprema lex ..."

The welfare of the people IS the highest law .....

Or it was, anyway ....

Up until now .....

Now, the protection of profits is the highest law ...

And the welfare of the people be damned ....

"Analysis: Abramoff Plea May Rock GOP Boat"

By TOM RAUM, Associated Press Writer

2 hours, 8 minutes ago

WASHINGTON - The plea deal worked out by Jack Abramoff could send seismic waves across the political landscape in this congressional election year.

The Republicans, who control Congress and the White House, are likely to take the biggest hits.

The GOP has more seats to lose and has closer ties with the former lobbyist.

But some Democrats with links to Abramoff and his associates are also expected to be snagged in the influence-peddling net.

While the full dimensions of the corruption probe are not yet clear, some political consultants and analysts are already comparing its damage potential to the 1992 House banking scandal that led to the retirement or ouster of 77 lawmakers.

"You don't have to be a political genius to sniff the smell of blood in the water," said GOP consultant Rich Galen.

Galen said even lawmakers in seemingly safe districts, and those "who don't have a reputation for being fast and loose with the rules," could be vulnerable if voters rise up in reproach "and everybody drops five or six points" in this year's midterm contests.

Abramoff, a former $100,000-plus fundraiser for President Bush with close ties to former House Majority Leader Tom DeLay, pleaded guilty on Tuesday to conspiracy, tax evasion and mail fraud.

That cleared the way for his cooperation with federal prosecutors in bringing charges against former business and political associates.

The investigation is believed to involve up to 20 members of Congress and aides and possibly several administration officials.

The timing couldn't be worse, politically, especially for Republicans.

Lawmakers who may be indicted could find themselves coming to trial this summer, just ahead of the midterm elections.

Around the same time, I. Lewis "Scooter" Libby, former chief of staff to Vice President Dick Cheney, is expected to stand trial in the CIA leak case.

DeLay, who had to step down as majority leader in September after a grand jury in Texas indicted him in a campaign finance investigation, is awaiting a trial date.

And former Rep. Randy "Duke" Cunningham, R-Calif., gave up his seat Dec. 1 after admitting he had accepted $2.4 million in bribes from defense contractors.

With so many trials and prosecutions in the works, speculation is swirling over whom Abramoff might bring down and on the possible fallout for others.

"Most seats in Congress are relatively safe this year."

"But they are not safe from a tsunami," said University of Virginia political scientist Larry Sabato, author of a book on political scandals.

"Iraq, plus economic problems, plus these scandals, could produce a tsunami."

"That's what every incumbent on Capitol Hill has to fear."

Most Americans are convinced that corruption reaching into all levels of government is a deeply rooted problem.

According to an AP-Ipsos poll last month, 88 percent say the problem is a serious one, with 51 percent calling it "very serious."

People need to know "that government is not for sale," Assistant Attorney General Alice S. Fisher said in pledging to pursue the investigation "wherever it goes."

For months, federal prosecutors have focused on whether Abramoff defrauded his Indian tribal clients of millions of dollars and used improper influence on members of Congress.

Tribes represented by the lobbyist contributed millions of dollars in casino income to congressional campaigns.

Abramoff also took members of Congress on lavish overseas trips and provided sports tickets, golf fees, frequent meals, entertainment and jobs for lawmakers' relatives and aides.

Some lawmakers have already returned contributions.

Others no doubt are nervously scouring their memories and appointment books.

For years, many lawmakers have shrugged off lobbyists' gifts as campaign contributions, harmless wining, dining and socializing.

"Now you've got someone admitting exactly what the motivation was and explaining all the avenues they used," said Kent Cooper, a former Federal Election Commission official.

"You're talking about standard operating procedure here in Washington suddenly being turned on its head and a key operator signing a plea agreement that he may have been involved in some kind of public corruption," said Cooper, who tracks lobbying and campaign contributions for the nonpartisan Political Money Line service.

The Democratic National Committee called the situation the latest installment of a Republican "culture of corruption."

That notion was disputed by White House spokesman Scott McClellan, who denounced Abramoff's activities as "outrageous" and noted that the lobbyist and his clients contributed to both parties.

That may be so, said Norman Ornstein, a political analyst at the American Enterprise Institute, "but it will disproportionately affect Republicans."

"They are the majority party and because Abramoff is a conservative Republican."
___

EDITOR'S NOTE — Tom Raum has covered Washington for The Associated Press since 1973, including five presidencies.

[Livyjr]

According to the old Constitutional Law book in the State of New York, "Clearly, it (the police power) is NOT DESIGNED to permit the aiding of one group in a community as against another ..."

"It has to be said: there has been nothing in our time like the Bush Administration's obsession with secrecy."

"This may seem self-serving coming from someone who worked for two previous presidents who were not paragons of openness."

"But I am only one of legions who have reached this conclusion."

"See the recent pair of articles by the independent journalist, Michael Massing, in The New York Review of Books."

"He concludes, 'The Bush Administration has restricted access to public documents as no other before it'."

"And he backs this up with evidence."

"For example, a recent report on government secrecy by the watchdog group OpenTheGovernment.org says the Feds classified a record 15.6 million new documents in fiscal year 2004, an increase of 81% over the year before the terrorist attacks on September 11, 2001."

"What's more, 64% of Federal Advisory Committee meetings in 2004 were completely closed to the public."

"No wonder the public knows so little about how this administration has deliberately ignored or distorted reputable
scientific research to advance its political agenda and the wishes of its corporate patrons."

"I'm talking about the suppression of that EPA report questioning aspects of the White House Clear Skies Act; research censorship at the departments of health and human services, interior and agriculture; the elimination of qualified scientists from advisory committees on kids and lead poisoning, reproductive health, and drug abuse; the distortion of scientific knowledge on emergency contraception; the manipulation of the scientific process involving the Endangered Species Act; and the internal sabotage of government scientific reports on global warming ..."

"It's an old story: the greater the secrecy, the deeper the corruption."

--Bill Moyers

[Livyjr]

Storonske Cooperage ....

Down there in Schodack, New York ....

REPUBLICAN Rensselaer County Executive John L. Buono's home town ....

And he was livid .....

That the news had gotten out ....

Spring of 1986, and there it was, right on the cover of Capital Land magazine ...

"DON'T DRINK THE WATER ..."

A story detailing how an unsuspecting expectant mother was drinking chemical-laden water that may have played a part in birth defects of her child ....

"I'm talking about the suppression of that EPA report questioning aspects of the White House Clear Skies Act; research censorship at the departments of health and human services, interior and agriculture; the elimination of qualified scientists from advisory committees on kids and lead poisoning, reproductive health, and drug abuse; the distortion of scientific knowledge on emergency contraception; the manipulation of the scientific process involving the Endangered Species Act; and the internal sabotage of government scientific reports on global warming ..."

"It's an old story: the greater the secrecy, the deeper the corruption."

--Bill Moyers

March 15, 1989

DIRECT EXAMINATION OF REPUBLICAN RENSSELAER COUNTY PUBLIC HEALTH DIRECTOR KENNETH VAN PRAAG

DIRECT EXAMINATION BY DEPUTY RENSSELAER COUNTY ATTORNEY GORDON MAYO BEFORE PHILIP LANCE, ESQ., THE "EYES AND EARS" OF REPUBLICAN RENSSELAER COUNTY EXECUTIVE JOHN L. BUONO

MAYO: Mr. Van Praag, I show you County exhibit 17 marked for identification and ask you if you are familiar with it?

VAN PRAAG: Yes, I am!

MAYO: Mr. Van Praag, were you made aware of the content of this letter before it was sent to the Supervisor of the Town of Schodack, Beth Morgan?

VAN PRAAG: I was not.

MAYO: Who in fact drafted the letter, Mr. Van Praag?

VAN PRAAG: This letter is to Mrs. Morgan from Livyjr.

MAYO: Are you copied on the letter, Mr. Van Praag?

VAN PRAAG: I am.

MAYO: Did you receive a copy of the letter prior to the letter being posted, Mr. Van Praag?

VAN PRAAG: Not prior to it being posted, no.

MAYO: Is there language contained in said later which you consider in effect discourteous treatment of the public, or public official?

VAN PRAAG: There's language in here I felt was insensitive to the relationship between, in this case, the town and the county.

I feel very strongly that written communications between any government agency and people to whom they are writing have got to stick to the issues, have got to be cordial, should not be derogatory in any way.

I feel very strongly about sensitivity in dealing with people, in how they are received by the recipient and there are several occasions that have occurred whereby letters have gone out where the language either in my opinion oversteps the bound of good sensitivity.

Whether you use the word rude or discourteous or insensitive, in any one of thise degrees.

We have a difficult enough job here being an enforcement and regulatory agency without compounding our problems by creating problems at other levels based on how we write something.

And yes, there was in this letter language in here wherein Livyjr was telling the Town Supervisor how her planning department should or should not operate.

I felt that could have been done better.

It was after the fact and I couldn't help them to reword the letter.

MAYO: Mr. Van Praag, I show you this letter which has now been admitted into evidence and ask you to specify the particular language within the letter which you feel is either rude or discourteous?

VAN PRAAG: Well ....

The language which prompted further discussion indicates, this is Livyjr's language now, "your planning department should be using the County Sanitary Code as a basis for evaluating land, not having people call me on the telephone to have me approving subdivisions of your town."

That language prompted the following day a call from the Town Supervisor to myself asking for a meeting with me on February 5, I believe, Friday.

MAYO: Did you in fact have such a meeting with the Schodack Town Supervisor?

VAN PRAAG: Yes. I met with the supervisor and with the secretary to the planning board.

MAYO: Did they voice oral objection about the tone of the letter which is in evidence as County number 17?

VAN PRAAG: Yes, they did.

MAYO: Can you recall the sum and substance of that particular objection which they might have had?

VAN PRAAG: Well, their objection, as they phrased it, not saying these exact words, but they did not appreciate the fact that an employee of this department was telling them how to run their town, or their operation .......

[Livyjr]

"I'm talking about the suppression of that EPA report questioning aspects of the White House Clear Skies Act ........."

--Bill Moyers

And for anyone just coming by for the first time, welcome .....

We are in what can be called the "AFTERMATH" stage of things in here, although in human life, there is never really a final chapter .....

While there are definitely AFTERMATHS, and this is one .....

And it has to do directly with this thing called CONSTITUTIONAL LAW, here in OUR America ....

Which really is not OURS at all ....

If it ever truly was ....

And when I say "OURS", who really am I talking about?

And there is the question ......

And this all goes back to the relationship of the THIRTEEN ORIGINAL STATES to the United States ......

A relationship which should then govern the relationship of the United States to all the other states which came after .....

Since no group of states under OUR alleged system of government should ever be able to "combine" so as to take from the residents of the ORIGINAL THIRTEEN what they obtained through constitutional government at the inception ....

The inception being when those ORIGINAL THIRTEEN obtained their independence from the tyranny of England and its king, George III, by declaration in 1776 .....

"Salus populi est suprema lex ..."

The welfare of the people IS the highest law .....

In the State of New York at the time of its independence, perhaps .....

BUT ......

WHAT ABOUT THE UNITED STATES OF AMERICA?

Is the welfare of the people the highest law in the United States of America?

OR IS IT A MYTH?

A JOKE?

For the United States of America have an odd relationship to the states themselves, and that is what we are talking about in here now, in this period of AFTERMATH, where the federal Second Circuit Court of Appeals in New York City has apparently just eviscerated or trashed the maxim that the "welfare of the people in the State of New York is the highest law ..."

And that is a thing about AFTERMATHS, after all ...

Assessing ...

Where are we now .....

And that question cannot be addressed or answered emotionally ....

Especially when the decision in question in here goes right to the heart of the emotions .....

In these kinds of matters, there is what happens to the individual or individuals involved, and then there is the greater picture, which is what has happened to the law, itself, and in this thread, it is that bigger picture which should matter the most .....

Individuals fall ....

While battles and wars go on .....

And there definitely is a war going on here ....

A war against integrity ......

For sure .....

But that does not come close enough to explaining the peril here, because people in America, or at least up here in New York State, have become inured or accustomed to living in a world where there appears to be little or no integrity, whatsoever .....

And that is where the peril enters .....

Something passive becomes active when society lets its guard down far enough ....

Like wolves circling a fire, as the fire dies down ....

For me, an American citizen, one of the greatest difficulties I find in talking about constitutional law with my "peers" is that no one believes in it, at all ....

To the "average" person, if there is such a thing, anymore, the constitution is something that really does not appear to do anything at all for them, and so, they have no interest in discussing what they might have lost, since they don't perceive protection in the first place .....

The constitution empowers pornographers, for example, in the minds of many people, and since they are not pornographers themselves, and have no desire to be, they just do not relate to this constitution which empowers pornographers ...

And neither do I, to be truthful .......

BUT THAT IS THE CONSTITUTION OF THE UNITED STATES OF AMERICA .....

And my question is what about OUR individual state constitutions .....

WHY DO WE HAVE THEM, IF THE COURTS OF GEORGE W. BUSH, OR THE REPUBLICAN PARTY AT THE FEDERAL LEVEL CAN STRIKE THEM DOWN AT WILL, THUS DEPRIVING US, THE CITIZENS OF THAT STATE, OF THE "POLICE PROTECTION" OF THOSE STATES THAT SHOULD HAVE BEEN OURS THROUGH THE MAXIM "Salus populi est suprema lex ..."

The welfare of the people IS the highest law .....

[Livyjr]

"Salus populi est suprema lex ..."

The welfare of the people IS the highest law .....

March 15, 1989

DIRECT EXAMINATION OF REPUBLICAN RENSSELAER COUNTY PUBLIC HEALTH DIRECTOR KENNETH VAN PRAAG BY DEPUTY RENSSELAER COUNTY ATTORNEY GORDON MAYO BEFORE PHILIP LANCE, ESQ., THE "EYES AND EARS" OF REPUBLICAN RENSSELAER COUNTY EXECUTIVE JOHN L. BUONO

MAYO: Mr. Van Praag, I show you County exhibit 18B which is a letter addressed to Clark Engineering dated July 20, 1988 and ask you if there's material contained in this letter which was written by Livyjr which you consider extremely discourteous to a member of the public?

And if in fact such language does exist, I wonder if you might read it into the record?

VAN PRAAG: There are several sections in this letter which as the letter gets carried through it's the tone which it sets which I consider to be a negative tone.

I will not read the whole letter, but he starts in the second paragraph here, he leads off saying "Therefore, I shall make effort in this missive to provide you with what you desire to know."

He states in here "Good engineering practice carries with it quite strongly connotations as to responsibilities of those who choose to render services to the public-at-large with regard to land-use matters."

"The Uniform Commerical Code or Business Law is replete with rejoinder that he who seeketh to practice be he wise of the basics of his trade."

This is a letter from one engineer to another.

"Your fitness to practice in this field and represent clients to this department would be predicated upon your ability to readily discourse in a professional manner on those two questions which form the very basis for determining that site suitability upon which all future decisions are to be based."

"THE ROLE OF THE HEALTH DEPARTMENT IS NOT TO PROVIDE FOR YOURSELF THE MEANS TO TURN SOW'S EARS INTO SILK PURSES."

"In the meantime, you should give some serious thought to the task your clients have bent their back to, if they also lack the knowledge necessary to proceed from start to finish."

And I do consider those types of comments to set a tone of rudeness and discourtesy, which makes it very difficult to deal with those people in the future when that tone is being set by our staff.

MAYO: Did you see a copy of this letter prior to it being posted, Mr. Van Praag?

VAN PRAAG: NO, I did not.

I wish I had.

MAYO: In other words, you did not see this letter until it had been sent to Mr. Clark?

VAN PRAAG: That's correct.

MAYO: Did you have a discussion with Livyjr about this letter after you saw it?

VAN PRAAG: I certainly did.

MAYO: And what was the substance of that conversation?

VAN PRAAG: It was probably a pretty heated discussion.

As I recall Livyjr basically said he felt that was the only way he could deal with Mr. Clark at this stage.

And I basically told him I did not expect County employees to be writing letters with that tone in it, and that issues of a sensitive nature in the future I certainly wanted to have cleared before me before they were sent out.

He was not too happy with that directive and unfortunately, I didn't put that directive in writing, but ....

MAYO: You had the conversation?

VAN PRAAG: We certainly did.

[Livyjr]

Before the Federal District Court in support of a Motion for Injunctive Relief against the State of New York, the County of Rensselaer and the Town of Poestenkill in this matter was a July 13, 2004 letter from Rensselaer County Criminal Court Justice Patrick J. McGrath, wherein Justice McGrath, the chief criminal court judge in the County of Rensselaer, informed Federal Court Justice Sharpe that he, McGrath, had reviewed the evidence in the case as Rensselaer County's chief criminal court justice, and that he was concerned because that evidence supported a conclusion of violation of federal and state criminal codes, in addition to the civil charges contained in the Complaint in the matter.

Among the evidence which Judge McGrath relied upon in forming his conclusion of violation of federal and state criminal codes was a graphic video tape wherein one of the defendants can be seen physically assaulting and threatening the Plaintiff, and causing him bodily harm, to deter him from performing the duties of a licensed professional engineer in the State of New York, and a March 16, 1989 Report of the Federal Bureau of Investigation which is at the very heart of this matter of OUR right to dissent, and to petition for redress of grievance, which apparently has just been stripped from us common citizens in the Northern District of New York by Bush-appointee Sharpe on March 31, 2005.

In that March 16, 1989 Report of the Federal Bureau of Investigation, which was before Judge Sharpe in the Plaintiff's Motion for Injunctive Relief as Exhibit J, a Special Agent of the Federal Bureau of Investigation, based upon a review of substantial evidence, concluded:

"According to [name deleted], the results of the State's investigation were that New York State laws were not being followed by the Rensselaer County Health Department, Rensselaer County laws were not being followed by the Rensselaer County Health Department, and there was very little 'enforcement activity' even in the face of illegal sales."

"According to [name deleted], the object of any county health department (in the state of New York) is to protect the public, and not to facilitate developers, or development."

"In the case of Rensselaer County, it appears that the Rensselaer County Health Department was in business to facilitate developers and development rather than to protect the public!"

March 15, 1989

DIRECT EXAMINATION OF REPUBLICAN RENSSELAER COUNTY PUBLIC HEALTH DIRECTOR KENNETH VAN PRAAG BY DEPUTY RENSSELAER COUNTY ATTORNEY GORDON MAYO BEFORE PHILIP LANCE, ESQ., THE "EYES AND EARS" OF REPUBLICAN RENSSELAER COUNTY EXECUTIVE JOHN L. BUONO

MAYO: Mr. Van Praag, I show you County exhibits 19A and 19B marked for identification and ask you if you can identify those particular documents?

VAN PRAAG: YES!

I can!

The 19A is a letter dated May 2 to Livyjr from Douglas Clark, again responding to the March 29 letter addressed before, and 19B represents a letter from Livyjr back to Mr. Clark relevant to this May 2 letter on a realty subdivision notice, Highland Estates in the Town of Poestenkill.

Mr. Clark's letter to Livyjr is basically asking for specifics with regard to various environmental issues on that particular project and asking for specific information or methods of study to be used by the Rensselaer County Health Department.

MAYO: Mr. Van Praag, I show you now County Exhibit number 19B which has been submitted into evidence and ask you if you might point out to us the material contained herein which you feel to be discourteous to a member of the public?

VAN PRAAG: This again is Livyjr's letter back to Mr. Clark wherein he describes the purpose of the Sanitary Code and so on.

The end of that particular paragraph he talks about "We are discussing methodology, not an endurance contest."

A little later on, "Your methods should present for review how you propose to evaluate the land."

"Based upon your letter, there appears to be some uncertainty on your part as to how to determine the characteristics of land."

"Until such time as you are able to assess the ability of a site to support human occupation, you will be unable to properly design a subdivision intended for residential purposes."

Again, one engineer to another.

What I consider to be an unprofessional way of dealing with him in escalating the war, so-to-speak, between this department and Mr. Clark.

MAYO: Did you see a copy of the letter, this particular letter, before it was sent, Mr. Van Praag?

VAN PRAAG: NO.

I did not!

MAYO: Did you have a discussion with Livyjr about this letter after you received your carbon copy?

VAN PRAAG: I don't recall for sure ....

But I probably did ....

As I would on most of these letters.

MAYO: Do you consider this language discourteous?

VAN PRAAG: I DO!

It sets a negative tone within a relationship between an applicant, a developer, and this department, the county.

[Livyjr]

And for all of you just stopping by, what we are talking about in here is real, if unheralded or unsung ....

How a licensed professional engineer in the State of New York with a duty to protect life, health and property in the state was "converted" over into being an alleged dangerous mental patient with the stroke of the pen of a judge placed on the federal bench in the Northern District of New York by REPUBLICAN George W. Bush and the United States Senate .....

And why that had to be ...

Why this engineer had to be "converted" over into being allegedly mentally ill and dangerous by George W. Bush's court, despite there being absolutely no evidence at all to back up this false assertion ....

At least from the perspective of "power", which is what this little tale is really all about as well ...

Power ...

And money ....

For power without money is like having a car with a big souped-up engine, but no wheels on which to roll .....

The story starts in rural Rensselaer County in upstate New York where Joseph "Big Joe the HAMMER" Bruno, the head of the REPUBLICANS in the New York State Senate holds sway as the man in charge ....

Of everything .....

"Water problems find way to court - Highland Hills residents file federal lawsuit over shallow well problems" 
 
By LEIGH HORNBECK, Staff writer, Albany, New York Times Union 
First published: Wednesday, December 14, 2005

Wilton residents who claim they have faced water shortages for 20 years in their homes have filed a lawsuit in federal court.

The Highland Hills Neighborhood Association, a group of 34 homeowners, is suing the developer, John Staalesen, and the companies he represents.

The town of Wilton, the Town Board, the Planning Board, three building inspectors, and husband and wife real estate agents Mary and Robert Buchalski from Realty USA in Saratoga Springs are also named.

Cheryl Roberts, the lawyer for the neighborhood association, said Staalesen installed shallow wells outside the Colonial- and Cape Cod-style homes he began building in 1980, instead of drilling wells 25 feet or deeper.

The wells drew surface water instead of ground water, resulting in an inconsistent source.

The lawsuit, filed in U.S. District Court in Albany, alleges Staalesen conspired with real estate agents to defraud home buyers, a violation of the federal racketeering law.

"Bruno: Big economic news ahead - Senate majority leader offers few details; says new name to emerge in governor's race" 
 
By JAMES M. ODATO, Capitol bureau, Albany, New York Times Union
First published: Friday, December 30, 2005

ALBANY -- Senate Majority Leader Joseph Bruno braced reporters Thursday for exciting economic news coming to the Capital Region and a mystery candidate who may emerge soon to run for governor.

"If you own property you're happy people."

"If you don't own property, go buy some."

"It's going to be a great investment around here."

March 16, 1989

DIRECT EXAMINATION OF REPUBLICAN RENSSELAER COUNTY PUBLIC HEALTH DIRECTOR KENNETH VAN PRAAG BY DEPUTY RENSSELAER COUNTY ATTORNEY GORDON MAYO BEFORE PHILIP LANCE, ESQ., THE "EYES AND EARS" OF REPUBLICAN RENSSELAER COUNTY EXECUTIVE JOHN L. BUONO

MAYO: Mr. Van Praag ......

I show you County exhibits 22A through 22C marked for identification and ask you if you are familiar with these documents?

VAN PRAAG: YES .....

I am!

MAYO: And what do they signify?

VAN PRAAG: Exhibit 22A is a letter dated July 12 from Joseph L. Bruono to myself requesting a re-examination by this department of a decision made by Livyjr with respect to a lot owned by a Mrs. Christopher Papa in North Greenbush, wherein the condition that the lot was in, whether - the issue was whether the property could be developed or not.

It had been a prior-approved subdivision and a lot within those few remaining lots.

Exhibit B dated July 18 is a letter, is a response from Livyjr to Senator Bruno with respect to his letter.

I might add that when I forwarded the Bruno letter to Livyjr, I asked him to prepare a reply for my signature.

He replied on his own directly.

The attachment to that was a small yellow sticky note pad which in handwriting basically was:

"Livyjr, supposed money was of no concern, is there anything Papa can do to make his lot conform?"

And number C is the letter dated August 15 from John Teliska who was the developer, not the owner, the developer, or the attorney for the developer, or both.

I guess his father owned the property to begin with.

From Teliska to County Executive John Buono indicating he was extremely perturbed with the tone of Livyjr's response.

MAYO: Mr. Van Praag ......

I show you these exhibits, 22 A through C!

Initially, I'd like you to examine 22A, the Senator Bruno letter, and perhaps you would give us some background of the particular situation that existed regarding Mr. Papa?

VAN PRAAG: Mr. Papa was the owner of a lot in the Teliska Acres subdivision.

He had bought it some years ago.

There was some question as to whether or not an extension could be granted to that lot.

Mr. Papa contended that the lot had been approved previously, and was seeking an extension of that.

Mr. Papa felt frustrated by the fact that he was unable to get an extension by Livyjr.

MAYO: Had he made application to the Health Department for a building permit to build on this lot, if you can recall?

VAN PRAAG: I don't know .....

I assume he worked through the process in the Environmental Section .....

At any rate,the letter wound up that Mr. Bruno would like to request Mr. Papa's case to be re-examined in order to ascertain if some type of system could be approved.

MAYO: When you received this letter, Mr. Van Praag, did you discuss the situation with Livyjr?

VAN PRAAG: I brought the letter to him and showed him the letter and asked him to take a look at whatever, are there any alternatives; if there are, what's possible?

Is it just a matter of money that might make, do something to the lot that might make it feasible to approve at some point.

And would he please draft a response.

MAYO: Now .....

When you had this discussion with Livyjr, was it made clear to Livyjr that the letter was to go out under YOUR signature?

VAN PRAAG: I asked him to draft it for my signature, yes!

MAYO: There was no confusion in YOUR mind that that was the request you had made to Livyjr?

VAN PRAAG: No, absolutely not.

MAYO: Did Livyjr in fact comply with your request?

VAN PRAAG: He responded to Senator Bruno, but not for my signature.

He responded directly.

MAYO: I show you County exhibit 22B and ask you if in fact there is language contained in there which is discourteous to a member of the public?

VAN PRAAG: In this letter, Livyjr brings Senator Bruno up-to-date on what the department had done and what his interpretation had been in terms of giving valid technical appraisal of the staff of the property.

Then he goes on to say, "that appraisal, coupled with the fact that Mr. Papa apparently had mis-representations presented to him concerning that parcel by the sellers should give him some recourse in the civil courts to properly adjudicate the matter."

"I trust this will serve to bring your office up-to-date as regards this unfortunate situation."

"In closing, it might be said that such misleading practices have been very common not only in this county, but throughout the state."

"In spite of the laws we have to protect the potential land purchaser, they still remain at the mercy of the 'GLIB TONGUE' and 'FAST TALKER'."

"Perhaps your good offices can use this example in a positive manner by exerting pressure on other governmental agencies to more stringently enforce existing rules and statutes as pertain to those involved in land sales."

"In this manner, perhaps, the future 'Mr. papas' will be saved this hardship."

MAYO: Do you consider this language to be uncomplimentary to a member of the public?

VAN PRAAG: YES!

I DO!

Particularly to Mr. Teliska!

[Livyjr]

"Assistant United States Attorney Barbara Cottrell advised on 2/27/89 that rather than converting this matter to full investigation at this time, she would prefer to read the FD-302 which is being prepared of the Livyjr interview and which will set forth Livyjr's experiences as the Rensselaer County Director of Environmental Health, chronologically."

"In the next thirty day period, Albany will also conduct interviews of people identified by Livyjr as having information relating to corruption in the Rensselaer County Health Department and on the part of developers operating in Rensselaer County."

"After reviewing results of these interviews, AUSA Cottrell will render a prosecutive opinion that will assist the F.B.I. in deciding whether to convert the investigation to a full investigation, extend the preliminary inquiry, or close the investigation."

MAYO: I show you County exhibit 22B and ask you if in fact there is language contained in there which is discourteous to a member of the public?

VAN PRAAG: In this letter, Livyjr brings Senator Bruno up-to-date on what the department had done and what his interpretation had been in terms of giving valid technical appraisal of the staff of the property.

Then he goes on to say, "that appraisal, coupled with the fact that Mr. Papa apparently had mis-representations presented to him concerning that parcel by the sellers should give him some recourse in the civil courts to properly adjudicate the matter."

"I trust this will serve to bring your office up-to-date as regards this unfortunate situation."

"In closing, it might be said that such misleading practices have been very common not only in this county, but throughout the state."

"In spite of the laws we have to protect the potential land purchaser, they still remain at the mercy of the 'GLIB TONGUE' and 'FAST TALKER'."

"Perhaps your good offices can use this example in a positive manner by exerting pressure on other governmental agencies to more stringently enforce existing rules and statutes as pertain to those involved in land sales."

"In this manner, perhaps, the future 'Mr. papas' will be saved this hardship."

MAYO: Do you consider this language to be uncomplimentary to a member of the public?

VAN PRAAG: YES!

I DO!

Particularly to Mr. Teliska!

March 16, 1989

DIRECT EXAMINATION OF REPUBLICAN RENSSELAER COUNTY PUBLIC HEALTH DIRECTOR KENNETH VAN PRAAG BY DEPUTY RENSSELAER COUNTY ATTORNEY GORDON MAYO BEFORE PHILIP LANCE, ESQ., THE "EYES AND EARS" OF REPUBLICAN RENSSELAER COUNTY EXECUTIVE JOHN L. BUONO

MAYO: And in fact, Mr. Van Praag, did not the COUNTY OF RENSSELAER receive a letter of complaint regarding the content of this particular letter?

VAN PRAAG: It did indeed!

MAYO: I show you County exhibit 22C in evidence and ask you if in fact that is the letter?

VAN PRAAG: Yes ...

It is!

MAYO: And what does the letter state?

VAN PRAAG: This is a letter addressed to the County Executive by Mr. Teliska, though somehow he got a copy of this, who somehow got a copy of Livyjr's letter to Senator Bruno.

Maybe it would be best to just read it.

It says:

"Dear John, I am writing in reference to the attached letter of Mr. Livyjr."

"I was fortunate to be made aware of this letter indirectly as no one put me on notice directly of the position being taken by the Rensselaer County Health Department."

"As co-executor of the estate of my father, it is my position that an approved building lot with a proper extension of approval was sold to Mr. Papa."

"At no time did a member of the Rensselaer County Health Department contact me directly in regard to selling an unapproved building lot."

"I point out that 8 other lots were sold under this identical extension of approval, with no objection by any public official."

"The allegations made in the letter of Livyjr, while personally very disturbing, seem to run contrary to the public positions taken by you and Mr. Van Praag, promoting a spirit of cooperation with developers 'dedicated and committed to working together'."

"I have sat down to write this letter on numerous occasions and became so upset I had to stop."

"I feel you can well imagine my concerns of this personal attack without proceeding at greater length."

"I am presently considering my options available as to the allegations made in the attached letter."

"I felt you should be made aware of the situation at this early stage."

It's signed John Teliska, Jr.

MAYO: Are you acquainted with Mr. Teliska, Mr. Van Praag?

VAN PRAAG: I have met him once or twice.

Not in connection with any official responsibility.

MAYO: HAVE THERE BEEN PROBLEMS WITH HIS DEVELOPMENTS IN THE PAST, TO THE BEST OF YOUR KNOWLEDGE?

VAN PRAAG: I HAVE BEEN TOLD THERE HAVE BEEN SOME.

IT'S DIFFICULT LAND.

[Livyjr]

"The allegations made in the letter of Livyjr, while personally very disturbing .....

..... seem to run contrary to the public positions taken by you and Mr. Van Praag ....

.... promoting a spirit of cooperation with developers ....

.....'dedicated and committed to working together'."

Come on in ....

Take a seat .....

There's plenty of room ....

There's some coffee over there ....

It's fresh ....

And some hot water if you are into tea, instead ....

Relax .....

Most everybody has left now ....

Gone back home, likely, to "assess", which is what we are doing in here, me and Mr. A.B. ......

Looking back over what has transpired here in the State of New York over the last thirty years or so, and why it has been able to do so ...

Persist so long, that is ....

And outside of some musings, well ......

The other day, Mr. A.B. asked me a question about what type of people we have up here that would allow such stuff as this to go on for so long, and in all honesty, I could not answer that question ....

Since I have no real good answer ....

Certainly, fear plays a big part ....

When something like this happens, especially ....

People tend to go off in all directions at once like a covey of quail breaking cover and scattering .....

Get clear away from the scene, and stay hidden .....

Maybe no one will know who you are .....

Maybe no one will know that you were a citizen for due process of law and justice, just the other day, in fact ....

Blend back in with the corruption ...

And embrace it ...

For it is definitely here to stay .....

And I wonder at how much difference it makes being so close to the capital of the state, myself, whether if the capital of the state were not further removed from here than it is, whether there would be less corruption, or maybe none at all, but that doesn't answer it, either .....

For corruption in government cannot exist in any form unless there is a core of people dedicated to having corruption stay around with the power to have it be so, which means power over other people ....

Which is the essence of American politics today ...

POWER over other people ....

And that has to be the POWER TO DO HARM, elsewise, people would simply ignore it ....

To maintain control over people's lives as this REPUBLICAN crowd has done up here in Rensselaer County for the last thirty or so years, someone has to be hurt every now and then, and graphically so .....

Crippled in fact, or the message just does not sink in ....

And so, we have this thread .....

To examine that message .....

SO ....

Please ....

Relax ...

And stay tuned ....

And your continued interest, which has kept this thread alive all this time, is very much appreciated .....