Wednesday, April 13, 2016

UPDATED VERSION: Citizen's Complaint to Preet Bharara Regarding the Murder of Sunny Sheu and Its Cover Up by Various Government Agencies.



UPDATED DECEMBER 5, 2015





United States Attorney Preet Bharara
Office of Southern District of New York
One St. Andrew’s Plaza
New York, NY 10007
November 22, 2015

CIVILIAN COMPLAINT REGARDING THE DEATH OF ANTI-CORRUPTION WHISTLE BLOWER SUN-MING “SUNNY” SHEU, AND ITS ONGOING COVER UP BY THE NYPD, DOI, OCA, AND OTHER PARTIES

REGARDING JURISDICTION: While the mortgage fraud and murder that are central to this case took place in Queens, New York, this complaint specifically regards the cover-up of those crimes by the NYPD and the Department of Investigation, agencies located in Manhattan, and therefore under the jurisdiction of the Southern District. 

Summary of Underlying Murder Case:

On June 26th, 2010, on a secluded street in College Point, NY, Queens resident Sunny Sheu was found mortally wounded and taken to New York Hospital of Queens, where he died shortly thereafter. The NY Medical Examiner determined the cause of death to be "blunt force trauma to head with skull fractures and brain injuries." and the manner of death is “undetermined”.

Weeks prior to his death, Sheu reported to the FBI that he had been kidnapped by two NYPD Detectives of the NYPD Queens DA Squad and threatened with death if he went to the authorities or media regarding a mortgage fraud ring that involved a NYS Supreme Court Judge. Sheu begged the FBI for witness protection and also went to the Blackstar News who ran a series of stories on the mortgage fraud and the threats against Sheu. Sheu also posted a video on Youtube, stating that if he were harmed, it would be at the hands of NY State Supreme Court Judge Golia"and two Queens District Attorney Bureau NYPD Detectives who had illegally detained him and allegedly threatened his life.


To date has there never been an investigation of Mr. Sheu's death. There is, however, an ongoing, coordinated cover up of the case by the NYPD, DOI, FBI, New York Presbyterian Hospital Chain among others.


Background: The Underlying Mortgage Fraud Case

For ten years, Mr. Sheu had been fighting a mortgage fraud case, which threatened his home ownership. Fraudsters illegally acquired the mortgage of Sheu's home by forging the signature of Sheu's brother. Even though the fraudsters were arrested by the police and convicted for forgery and fraud, the bank “Centex Home Equity”, continued to pretend that the fraudsters' mortgage was valid, and refused to accept mortgage payments from Sheu, who was the legitimate owner. When the fraudsters failed to pay the mortgage, Centex got the house. After the fraudsters were convicted, they were released with no penalty.


When Shue went to court to fight this foreclosure fraud, he found out that the presiding Judge, SCJ Joseph Golia refused to enter the documentation of the arrest and conviction - proof that he transfer was fraudulent – into the court record. Golia granted Sheu's home to Centex, based on the fraudulent transfer of deed. Sheu claimed that he was denied due process by Golia, whom he believed was in league with the fraudsters. For more details see the Black Star News series “Junk Justice”.

Sheu Asks the FBI For Witness Protection after Kidnapping by NYPD

According to Sheu, on January 14, 2009, he was illegally detained by NYPD detectives Dominick DiGennarro and James Monaco of the Queens District Attorney's Bureau. Sheu stated under oath that the detectives told him that his house "belonged to the bank" and threatened him with death if he went to the authorities or press to complain about the case or about Judge Golia's involvement. Queens DA spokesperson Kevin Ryan confirms Sheu’s detention on that date, but refuses to state a reason for the detention, provide a warrant, reveal who ordered the detention or provide any information of what took place during the detention. The NYPD has also refused to provide any of this information, except an email informing Sheu that he was detained due to a complaint of "aggravated harassmentby an unnamed party for placing a letter in Golia's mailbox. Under NY law, "aggravated harassment" requires a person to act "with intent to annoy or threaten" which was obviously not the intent of Shue's letter to Golia. The intent of Sheu's letter was to request that Judge act lawfully.

In an April 9, 2010 email to Special Supervising Agent Rachel Rojas of the New York FBI, Mr. Sheu told Rojas that he had been "kidnapped" by the detectives, and been warned that if he went to the media about his mortgage case or filed complaints against Judge Golia, he would be killed.. Sheu also met personally with Agent Rojas at her office at 26 Federal Plaza where he pleaded for witness protection. He provided her with hundreds of pages of evidence about the mortgage fraud. Rojas told Sheu that the FBI only investigates mortgage fraud cases in which the property is worth over one million dollars. Regarding Sheu's plea for witness protection, Rojas' only official reply was a one-sentence email: “Thanks Sunny Be careful and well”. After Sunny's death, the FBI refused to investigate.

Sheu Was Scheduled to Testify Against Golia, Made Video Predicting His Death

Sheu was scheduled to testify at a continuation of the NY State Senate hearing regarding Judicial corruption, and had prepared a statement accusing Golia of threatening him with death.

Sheu also posted a video on Youtube, which has now received more than 50,000 views, explainging the mortgage fraud, and saying that if anything bad happened to him it would be at the hands of Judge Golia and the two Queens DA's that detained and threatened him. 


Despite the threats against him, Sunny also went to the Blackstar News, which published an in-depth article about his legal ordeal, including his kidnapping.

Sheu Appealed to Then Senator Eric Schneiderman For Protection Two Months Before His Death

On April 14th, 2010 Sunny Sheu and Will Galison, who was constituent of Senator Schneiderman, went to see the Senator at his first campaign appearance at Mr. Dennehy's bar in Greenwhich Village. Galison had testified at the recent hearings of the Senate Judiciary Committee on Judicial Oversight, of which Senator Schneiderman was a member. Sheu was scheduled to testify at the next hearing, which was cancelled.

Before the Q and A session at Mr. Dennehy's Bar, Schneiderman's PR man, James Freedland approached Galison and Sheu and asked them what they were going to ask the Senator. That seemed inappropriate, but Sheu said he wanted to ask the Senator what he could do about death threats he had received from two NYPD detectives on behalf of Supreme Court Judge Joseph Golia.

Freedland told Sheu that he should not ask the question at the public meeting, but that Senator Schneiderman would have a personal meeting with them to discuss their concerns. In the following weeks Galison called Schneiderman's office many times and was told that he senator was too busy to have a meeting. Likewise, after Sunny's death, correspondence between the BSN and Schneiderman's office have continued to be ignored.

Recently, Schneiderman, who had been apprised of the kidnapping and the death of Sheu, nonetheless hired Dominick DiGennarro - one of the two detectives accused of  kidnapping and threatening Sheu, as an Inspector of Medical fraud.   

Sheu Investigates Golia’s Finances

On 11/6/2009, Sheu filed a complaint of financial disclosure fraud against Judge Golia with the Ethics Commission of the NY Office of Court Administration (OCA). The complaint including allegations of non-disclosure of real estate properties worth millions of dollars.

The Ethics Commission felt that Sheu's complaint had enough merit that they demanded an amended financial disclosure from from Judge Golia. Shortly before June 23nd, 2010 , the Ethics Commission informed Sheu that the Golia's amended form was available. Sheu went to the OCA June 23nd, 2010 to pick up the amended form. Upon reading the amended form, and assessing that that Golia's misrepresentations on the original form had not been remedied, Sheu announced to the OCA that he had sufficient evidence to prove that Judge Golia was guilty of fraud. His exact words - captured on an audio recording by his colleagues - were: "Now I have enough evidence to put Golia in jail".

Sunny Shue is Bludgeoned to Death

Three days later, On June 26th, 2010 at 3:15 PM, Sunny Sheu was found lying on a deserted street in Flushing, NY, with severe head trauma and in a coma. He was taken to New York Hospital of Queens by EMS, where he died at 8:15 PM.

Medical Examiner Autopsy Contradicts NYPD and New York Hospital ER Doctor on Cause and Manner of Death

Zeeshan Ahmed, the ER doctor attending Sunny, LIED about the cause of death to Sheu's designated “next of kin”, saying that a CAT scan showed that Sheu died of a “sub arachnoid hemorrhage” and that there was “no head trauma... not a lump, not a bump, not a scratch on his head". Within one hour of Sheu's death, Detective Chris Austin of the 109th Precinct also falsely stated that there was "no head injury” and that Sheu died from an "aneurism" with “no head trauma”.

However,  the Official Medical Examiner's Death Certificate confirms that Sheu died from "blunt force trauma to head with skull fractures and brain injuries" and that the manner of death is "undetermined" (no "aneurism" is mentioned in autopsy) Under NY State law, and federal law, “Undetermined” deaths require an investigation. Dr. Ahmed later confessed to Blackstar News editor Milton Allimadi in a phone conversation that he had known there was head trauma at the time of the incident, and that "foul play" was involved.

Two weeks after the Medical Examiner determined that Sheu had died from "blunt force trauma to head with skull fractures and brain injuries", the NYPD continue to maintain that Sheu died “naturally” of "a seizure" and that there was “no head trauma", a position they presumably still hold, despite its blatant contradiction of the Medical Examiner's official autopsy findings.

The obvious significance of the NYPD's alteration of the M.E.'s determination is that “undetermined” deaths mandate an investigation, while “natural' deaths do not” The NYPD tried to influence the M.E. into changing his ruling from “undetermined” to “natural”, and when he refused, they changed it themselves. Of course, under law, the NYPD has NO AUTHORITY to rule on the cause and manner of death. That is the exclusive purview of the Medical Examiner.

The ME has confirmed that Sheu's body was cremated shortly after his autopsy, by a party falsely claiming to be the executor of Sheu’s estate, yet another crime never investigated by law enforcement.

NYPD Gives False Evidence to the Medical Examiner to Sway His Determination.
On June 28th, 2015, NYPD detectives, NYPD/ Medical Examiner liaison William "Billy" Grant and 109th precinct Detective Chris Austin, conveyed a memo to Dr. Michael Greenberg, the Queens Medical Examiner who autopsied Sheu, claiming that a “911 witness” who had seen Sheu "collapse" and "strike his head". The NYPD memo also informs the M.E. that due to the testimony of the “witness”, the homicide squad of the 109th had determined that Sheu's death was “accidental” and with “no criminality”. This was clearly an attempt to explain the head trauma, which they could not hide from the M.E.

911 Tapes Acquired Through FOIL Prove that the Memo From Detectives Austin and Grant was Fraudulent: No Witness Saw Sheu Fall.


This memo was fraudulent.  Tapes of all the 911 reports obtained through a FOIL request, prove that not one of the three 911 callers mentioned seeing Sheu collapse. They all report a man “lying on the ground”. There are no corroborating police records mentioning any interview with a witness, and 109th Precinct Detective Ardisano (who was clearly not in the loop) told the BSN that according to his NYPD records, there was “no witness”. Furthermore, On September 16th, 2010, Queens ADA Laura Weinstock told the Blackstar News that there was no investigation ongoing because “there was no witness”.

The fraudulent memo also raises the question of how the NYPD knew that Sheu had suffered head injuries when ER doctor Ahmed, who tended to Sheu for four hours before his death and examined CAT scans of Sheu's skull, allegedly could not find any trace of head injuries, and that the presiding detective on the case, Chris Austin, also claimed to somehow know that Sheu died of an aneurysm with no head trauma. According to Arturo Sanchez of the NY Department of Investigation which subpoenaed the Medical Examiner's findings, the M.E. also found “lots of wounds” all over Sheu's body, which, like the head trauma, were not reported by Dr. Ahmed.

No Investigation by NYPD or Queens DA - Coordinated Cover-up by NYPD, Queens DA, NY Hospital, OCA, DOI, OIG for NYPD and Others

To date, there has been no investigation into the death of Mr. Sheu. Rather, the response of the NYPD to Mr. Sheu’s death indicates a coordinated effort to obfuscate and cover up the circumstances of his death. Specifically; the NYPD:

- dispatched personnel to the New York Hospital of Queens to “identify” Sheu’s body and summarily transfer the body from the hospital to the Medical Examiner for immediate autopsy, even before the body could be officially identified by his next of kin,.
- stated that the cause of death was an "aneurysm" with “no head trauma” and that the manner of death was "natural”- in direct contradiction to the Medical Examiner’s report.
- sent a false memo to the Chief Medical Examiner stating: "the squad is holding this case as an accident with no criminality”. But detective Ardisano of the 109th pct states that the squad was not informed of Sheu's death because "there was no head trauma"
- falsely claimed that they interviewed a “witness” who had called 911 to report Sunny's condition, and who Sheu "collapse" and "strike his head". Tapes of all the 911 reports obtained through a FOIL request, prove that not one of the three 911 callers mentioned seeing Sheu collapse. They all report a man “lying on the ground".
- refused to comply with any of the FOIL requests filed by The Black Star News on December 2, 2010. In abject violation of New York State law.

No Response from NYPD Commissioners Ray Kelly or William Bratton
On May 18, 2011, the Black Star News sent a certified letter to Commission Kelly,requesting an investigation and a response to FOIL requests. Receipt was confirmed, but Kelly has not responded. A similar letter was sent to NYPD Commissioner Bratton on November 17th 2014, which was likewise ignored.

Moreover, letters were written to the Chairman and President of the Queens HospitaL alerting them to the fact that in the best case, their ER Dr, Zeeshan Ahmed, allowed a patient to die by failing to recognize “severe blunt force trauma to the head with skull fractures and brain injuries” (despite being told specifically to look for that condition on CAT scans), and in the worst case was coerced into ignoring these fatal wounds and lying to the patients next of kin about them. These letters were likewise ignored.

NYPD In Violation of New York Freedom of Information Law

The NYPD has repeatedly violated the crucial NY State FOIL laws in regard to this caseRecently the NYPD ignored its final deadline to respond to an appeal of the Blackstar News' original FOIL requests. Among the Unanswered Questions in the FOIL Request:
-who ordered the detention by complaining about a letter put in Judge Golia's mailbox, if not Golia ?
-what was the official purpose of the detention?
-who was the alleged "911 witness" who reported seeing Sunny "collapse"
-What EMT workers transported Sunny to the hospital?
-what NYPD officers identified Sunny Sheu's body, and how did they do it?
-who ordered the illegal transfer of Sunny's body eight hours after his death?
-who at the NY Hospital authorized the illegal transfer?
-why did the NYPD send a false report to the Coroner?
-why has there been no investigation of an "undetermined" death?
Despite maintaining that there was “no criminality” involved in Sheu's death, the NYPD has refused to furnish documents regarding any aspect of the case, except the recordings of the 911 calls, and a facsimile of the notebook of Detective Campuzano, who was on the scene. As noted previously, these records prove that no witness saw Sheu fall. The NYPD did not deny the requests for the other documents by citing exceptions under FOIL law. Rather, They simply have ignored the FOIL requests over the past four years.

The Queens DA Makes an Outrageous Excuse for Not Investigating the Case:

In an email to retired NYPD Detective Joe Mazzilli, Queens DA spokesman Kevin Ryan stated: "With regard to Mr. Shue's death, we do not have any evidence of any criminality in his death and the case was never ruled a homicide by the Medical Examiner's office.” We do not have to explain to Mr Bharara that the Medical Examiner does not need to rule a death as “homicide” in order for an investigation to be mandatory. Any case ruled “undetermined” by the M.E. must be investigated, because it could be a homicide. In fact, the Medical Examiner who autopsied Sheu stated that he could not tell from the autopsy if Sheu's injuries were caused by falling down or by “being hit in the head with a pipe”.

If the Queens DA has “no evidence of criminality” in the case, it is only because they have corruptly and illegally refused to investigate. It should be noted that Judge Golia is a close personal friend of former Queens DA Richard Brown and worked as an ADA under Brown for years. Golia's daughter is now an ADA at the Queens DA, under Brown and has represented Brown in court.

The NYC Department of Investigation Continues the Cover Up

On May 12th, 2014, the case was presented as a formal complaint to the NY Department of Investigation, which was forwarded to Commissioner Mark Peters, and DOI Chief Investigator John B Kantor.


On May 30th, 2014 Kantor referred the case to NYPD Detective Eddie Lebron of the "NY DOI NYPD Squad". On June 12th, 2014 Lebron wrote the BSN that “The NYC Department of Investigation ( DOI ) is currently conducting an investigation into this matter.” Email correspondence and phone conversations between Lebron and the BSN, regarding the case, continued until the end of June, 2014.

On July 2, 2014, the BSN was informed by a source within the DOI that complaints to the DOI against the NYPD had never been under the jurisdiction of the NY DOI NYPD Squad and had in fact been processed by the Inspector General for the NYPD since March, 2014. That day, BSN wrote a letter and forwarded to Commissioner Peters and Kantor, asking why the case had been referred to the NYPD DOI Squad and not the OIG. Have you or Mr. Kantor brought the Sunny Sheu case to the attention of Mr. Eure?” There was no response from Peters, Kantor or Lebron.

The Office Of The Inspector General for NYPD Affairs Continues the Cover Up


On July 19th, 2014, the Blackstar News filed a formal complaint with the Office of the Inspector General, the NYPD watchdog agency convened by Mayor DeBlasio in May of 2014. This was in the form a of a letter directly addressed to Philip Eure, the Inspector General for NYPD Affairs (“OIG”). The letter was sent by certified mail and also by email and by Linkedin to Mr. Eure, and its receipt by him was confirmed by OIG Deputy Inspector General Sandra Musumeci.

When the Sheu case was formally submitted to the OIG on July 19th, 2014, the OIG said that they had no information about the Sunny Sheu case, had never heard the name, and had never been contacted about it by NY DOI NYPD Squad. Incredibly, for over six weeks, with the full knowledge of Commissioner and Chief Investigator of the DOI, the DOI/ NYPD Squad had:
-    -never told the complainants that the case was not under their jurisdiction
-pretended to run an investigation on the Sheu case, despite the case not being under their jurisdiction,
-failed to alert the complainant that the OIG was now in charge of complaints against the NYPD
-failed to alert the OIG about the complaint, or to transfer their files to them.


After the complaint was accepted by the OIG, the corruption and cover up continued unabated. On January 16th, at the DOI Headquarters, BSN Publisher Milton Allimadi and reporter Will Galison met with OIG Investigator Edward Sanchez and Chief Investigator Carhina, a 28-year veteran detective of the NYPD. From the outset, Carinha was defensive of the NYPD and even implied that Sheu had brought the illegal detention and death threats upon himself. During the interview, in fact, neither Sanchez nor Carinha asked Allimadi or Galison a single question regarding the case. The only questions were asked by Allimadi and Galison, and while most answers were vague and evasive, some revealed important clues as to the nature of the OIG's investigation, specifically:
-The OIG had never subpoenaed the CAT scans made by ER Doctor Zeeshan Ahmed, who falsely told Sunny's friends and the NYPD that they showed no indication of head trauma. When asked if Ahmed would be interviewed, Carhina responded: “if he's willing to come in, obviously we can't force him to come in...”. That statement is patently untrue, as the OIG is empowered to subpoena a statement and all medical records from Ahmed, who is a critical witness - if not perpetrator- at any time.
- The OIG never investigated the disposition of Sheu's computer after his death or even inquired about its whereabouts. The computer would hold evidence of the NYPD's illegal hacking of Sheu's emails before his murder, which Sheu reported to the BSN and, under oath, to the FBI
- The OIG never interrogated ER Dr. Zeeshan Ahmed, who allowed Sunny Sheu to die by either failing to recognize "blunt force trauma with skull fractures and brain injuries" (negligent homicide) or - more likely- by being compelled to allow Sheu to die and to lie about it by the people responsible for his death (first degree murder).
- The OIG had never investigated the identity of the critical “witness” that the NYPD told the M.E. had seen Sheu fall, whose existence would exonerate the NYPD and whose non-existence would prove an NYPD conspiracy to mislead the M.E. They promised to look into this, but have never updated the BSN on the case, and have ignored every communication since the interview.
The OIG also never investigated the obfuscation by their DOI colleagues at the DOI NYPD, Squad, including the Squad's attempt to hijack the case from the OIG and bury it.

DOI Chief Investigator Finds “Nothing Suspicious About the Sunny Sheu Case”

When BSN Publisher Allimadi cut to the chase by asking Carinha : “Do you see [anything in the Sunny Sheu case] that looks suspicious?” to which Carinha answered without hesitation: “No”. In summary, the things that do not look suspicious to Chief Investigator Cahrina include:
- Illegal detention/ kidnapping 2 by Queens DA NYPD squad and no investigation thereof
- Illegal suppression by the NYPD of information requested by FOIL
- Failure to investigate death of manner ruled “Undetermined” by the M.E.
- NYPD memo to the Medical Examiner citing a witness “saw [Sheu] collapse”with zero corroborating evidence or documentation, in violation of basic Police procedure.
- Lying to victim's friends regarding cause and manner of death and no investigation thereof
- Official files of the 109th reflecting that Sheu died of a “seizure” with “no head trauma”, weeks after the M.E. determined that he died of “Blunt force trauma to the head”.
- Illegal removal of unidentified body and no investigation thereof, influencing a witness in felony case and no investigation thereof
- Cremation of the body by a person falsely claiming to be the executor of Sheu's estate
- No response the NYPD Commissioner to a certified report of the above
- deception of the complainant and the OIG by the DOI NYPD Squad
Letters sent to OIG Chief of Investigations Thomas Mahoney, and forwarded to Inspector General Eure and DOI Commissioner Peters, complaining about the flagrant bias and dishonesty of Detective Carinha have all been ignored.

The New York Department of Investigation Violates FOIL Law


The OIG also prevaricated about the status of the case, and, like the NYPD, flagrantly violated NY FOIL law by refusing, illegally to furnish a single document pertaining to the case or to abide by FOIL exemption protocol in denying them. Their delinquency was confirmed by COOG Commissioner Robert Friedman, who wrote a stern admonition to OIG legal Counsel and FOIL director Asim Rehman.


The OIG Sends the Case to the NYPD Internal Affairs Bureau, but Withholds the Allegations against the NYPD DOI Squad and All Evidence Collected by the OIG Investigation.
On April 14th, 2015, the OIG announced that they had transferred the case to the NYPD's Internal Affairs Bureau, lead by Joseph J. Reznick, who famously called an NYPD whistleblower a “rat” for reporting police misconduct.
A Detective of Internal Affairs Bureau told the BSN that the only complaint transferred to them by the OIG was the original letter sent to Mark Peters and John Kantor of the DOI via Lee Contes. This means that the letter to OIG Philip Eure, detailing the fraudulent sham investigation by the NYPD DOI Squad was withheld from the IAB by the OIG. Thus, the letter to OIG Philip Eure, detailing the fraudulent sham investigation by the NYPD DOI Squad and specifying other systemic corruption in the NYPD was withheld from the IAB by the OIG.

Furthermore, according to the IAB Detective, when the complaint was transferred to them from the OIG, it contained no evidence collected by the DOI or OIG during their ten month investigation. This is remarkable in light of the OIG Investigator Sanchez' assurance: “I can tell you unequivocally that we are working very hard to find answers – we have requested medical records…”.


The DOI claims that the investigations of the DOI, NYPD/DOI Squad and OIG, between May 12, 2014 and July 19, 2015 all yielded "No Substantiated Findings".

NYPD's Internal Affairs Bureau Transfers the Case to the NYPD Chief of Detectives Bureau, Which Summarily Close the Case.


On September 19th, 2015, the IAB transferred the case to the NYPD Chief of Detectives squad.

A Detective of Internal Affairs Bureau told the BSN that the only complaint transferred to them by the OIG was the original letter sent to Mark Peters and John Kantor of the DOI via Lee Contes. So, the OIG also deprived the Detective Bureau of the allegations against Detective Lebron and the NYPD/DOI Squad, which is squarely under their jurisdiction.

Futhermore, according to the IAB Detective, when the complaint was transferred to them from the OIG,
it contained no evidence collected by the DOI or OIG during their ten month investigation. This is remarkable in light of the OIG Investigator Sanchez' assurance: “I can tell you unequivocally that we are working very hard to find answers – we have requested medical records...”

We know that the OIG did uncover at least some significant information from their investigation, including the Medical Examiner's statement that Sunny had “a lot of wounds” all over his body. So why was this important fact and all other evidence complied by the OIG withheld from the IAB and the Detective's bureau?


Like the IAB, Bocola confirmed that neither the OIG nor the IAB had furnished him with any evidence from their respective investigations, and only furnished him with the original complaint to Lee Contes, Mark Peters and John Kantor. This means that Bocola had no knowledge of the complaint to Inspector General Philip Eure which included documentation of the fraudulent claims by the NYPD OIG Squad that the DOI had investigated the case.

Why did the OIG only send the initial complaint to the IAB and the Detective Bureau and not
the more comprehensive complaint to Eure? We know that Mark Peters and John Kantor were responsible for improperly referring the initial complaint to the NYPD DOI Squad, and that they took no action against Detective Lebron for fraudulently stating that there was an ongoing DOI investigation. As Lebron is an active NYPD officer, under the jurisdiction of the Detective Bureau, it would appear that the DOI and its OIG are protecting Lebron from investigation.

Of course, the letter to Eure also implicates DOI Commissioner Mark Peters himself (who employs Eure), swhich is abnother good reason fro them to keep
the Eure letter under wraps.

The NYPD Detective Bureau's Investigation is Completed in Less than Eight Days.

Although Sgt Bocola refused to make any comment about his investigation of the Sunny Sheu case, one very important aspect is apparent; the “investigation was astonishingly brief. Sgt. Bocola received the complaint on September 19. The Lieutenant of the Detective Bureau, Simmons, would not give a specific date for the closing of the case, but he told me “it was closed in September of this year”. Since September has only 30 days, this means that Bocola's investigation of the illegal detention/kidnapping, the death threats, the false statements of Dr. Ahmed, the unauthorized removal of the body by NYPD Detectives, the false witness” story sent to the Medical Examiner by Austin and Grant, the false reports given by Ardisano about the cause and manner of death, the unauthorized cremation of the body by a party falsely claiming to be the Executor of Sheu's estate, the violation of FOIL law by the NYPD and above all, the NYPD's failure to investigate a case ruled “undetermined” by the Medical Examiner for over five and a half years, was conducted in the maximum of six to eight working days, depending on which dates his days-off fell upon. 


Bocola Investigate and Closed the Case Without Interviewing Any of the Primary Witnesses, or Examining Any Evidence


Not only does Bocola claim to have investigated all these matters in a maximum of eight days; he managed to this without making a single inquiry to the primary witnesses in the case, myself, Milton Allimadi and Dr. Brobowsky, none of whom were informed of the case's transfer to the Detective's Bureau, until this investigation uncovered that fact. It is self evident that no investigation into the myriad of questions and allegations raised in the complaint could be even be initiated in eight days or less.


Furthermore, Bocola also stated that the Detective Bureau only has jurisdiction over “active duty NYPD personnel”. It is interesting to note that the two Detectives accused of kidnapping Sheu are no longer on active duty, and therefore were not under the jurisdiction of Bocola's “investigation”. However, it is Bocola's duty to report the alleged crimes of all former NYPD agents to the proper authorities, which he clearly did not do.

The only positive thing that can be said about Bocola is that it only took him eight days days exactly what it took the OIG eight months to do, and the IAB six months to do, namely conduct a sham investigation, with the intention of covering up the murder and protecting the murderers of Sunny Sheu.

Every fact in this complaint is documented with evidence, which we will make available to your office at your request. Your failure to request this evidence will be understood as a disinterest in this case.

I swear under penalty of perjury that every fact stated in the above is true to the best of my knowledge. A more in-depth account of the Sunny Sheu case up to 2012, with limited links to documentary evidence can be found at: http://www.truth-out.org/news/item/10943-the-death-of-sunny-sheu and elsewhere on the internet.

Signed,




Will Galison
Reporter Blackstar news









Monday, January 11, 2016

UPDATE ON THE SUNNY SHEU CASE. CORRUPTION AT THE NYC DEPARTMENT OF INVESTIGATION

BLACK STAR NEWS

THE DEATH OF SUNNY SHEU: UPDATE

THE NYC DEPARTMENT OF INVESTIGATION, NYPD INTERNAL AFFAIRS AND THE NYPD DETECTIVE BUREAU CONTINUE THE COVER UP

By Will Galison (with Milton Allimadi)
January 10, 2016



Pre-Publication Fact Check Request to Mayor De Blasio, DOI Commissioner Mark Peters, and Inspector General Philip Eure



Introduction:



The circumstances of the death of mortgage fraud victim and anti-corruption whistleblower Sunny Sheu were reported by the Black Star News in a series of articles published between 2009 and 2012. The first of these articles, written before Sheu's death,  detailed Sheu's ten-year struggle to save his home from a mortgage fraud scheme, his contention with a New York Supreme court Judge who abetted the fraud, and his illegal detention by two NYPD detectives, who, according to Sheu's sworn testimony to the FBI, threatened him with death if he complained against the judge. 

After Sheu was killed on June 26, 2010, the Black Star News wrote a series of articles about the cover up of the circumstances of his death by the NYPD, the Office of Court Administration, The New York Hospital of Queens and others. This article is the first in a series detailing the results of our investigation between 2012 and the present. In that time, the circle of NYC agencies involved with the cover up has widened, and now includes the Department of Investigation, the Office of the Inspector General, and the Mayor's Office. 


When the Sunny Sheu story first broke in 2010, the issue of police corruption and brutality in the United States had not yet erupted in the media and the public awareness. The story of Trayvon Martin, who's killer was flippantly released by a Florida Police Department was the first of many incidents to ignite the outrage of the American public. This was followed by the shooting of Michael Brown in Ferguson, MO, the strangulation of Eric Garner in NYC and the death by "negligence" of Freddie Grey in Baltimore, among many others. The recent revelations of the cover up of the circumstances of the death of Laquan McDonald, lead to the firing of the Commissioner of the Chicago PD, and could lead to the impeachment of Chicago's Mayor Rahm Emmanuel. 

One might well ask why the story of Sunny Sheu's death has not generated the media frenzy and public outrage that these other cases have done. Perhaps it is because Sunny Sheu was Chinese, and there is not an infrastructure of civil rights activism in the the Chinese community. Perhaps it is because the Sheu case proceeded the tsunami of anger generated by the Trayvon Martin case. Or perhaps it is because the NYPD has the unique power and influence to effectively stifle the media's coverage of this case.

It is problematic to compare the egregiousness of one case of police abuse to another; one human life is as precious as another, and the precise circumstances of a killing do not determine the tragedy of the resulting death. But the Sunny Sheu case, does, in certain ways, stand out among the litany of police killings that have dominated the headlines over the past several years. 

In many of the other cases, there could be consideration of human error, as opposed to sheer malice. Did the NYPD cops who killed Eric Garner really mean to kill him? Did the Ferguson officer who shot Michael Brown feel threatened? Did the driver of the van in which Freddie Gray was killed set out to intentionally kill him? Whatever the answers may be, and whatever mitigating circumstances they do or do not represent, these questions at least can be asked.


In the Sheu case, there are no such questions. Sheu was unquestionably the victim of a mortgage fraud, and unquestionably denied due process by the judge. He was unquestionably illegally detained, and was concerned enough about his life to beg the FBI for witness protection from his NYPD abductors.  However Shue received the fatal blows to his head, there can be no question that the entire Law Enforcement system of New York City,  including the NYPD, the Queens DA, the Attorney Genera of New York State, the Department of Investigation, the Office of Inspector General, the Governor, and even the the FBI have conspired to cover up the facts and circumstances of that fatal event.


The ultimate, terrifying moral of the Sunny Sheu story is this: If you are threatened with death by the police in the USA, there is no where you can go for protection, and after you are killed, there is no where your friends and loved ones can go for justice. That is why this story is of critical important to every American citizen. 




After Sunny Sheu's death on June 26,  2010, the Blackstar News repeatedly sent certified letters informing Mayor Bloomberg and Commissioner Kelly of the case and demanding an investigation.  Despite proof of receipt, none of these letters was ever acknowledged or responded to by Bloomberg or Kelly. Similar letters were sent to NYC Mayor Bill De Blasio and Commissioner William J. Bratton, which were likewise ignored.

The BSN letter ignored by the Mayor's office and NYPD Commissioners included allegations and evidence of many felonies by numerous agents of the NYPD - all relating to the death of Mr. Sheu - including illegal detention, illegal search and seizure, death threats, illegal removal of a body from a hospital, providing false evidence the Medical Examiner and potential complicity in a murder. Most significantly, the letter alerted the Mayor and Commissioner that the NYPD had failed to investigate a death ruled as “undetermined” by the Medical Examiner, as they are obligated to do.

By refusing to investigate thoroughly documented allegations of crimes by his subordinates, and failing to enforce laws violated by them, the NYPD Commissioner effectively became complicit in these acts, establishing them as systemic corruption in the NYPD.

NEW YORK DEPARTMENT OF INVESTIGATION: “NEW YORK CITY'S WATCHDOG”

In either case; that of corruption of individual city employees, or systemic corruption in a government agency, the “watchdog agency” over corruption in the New York City government is the NY Department of Investigation (DOI).  According to their website: “[DOI] Investigations may involve any agency, officer, elected official or employee of the City... As New York City's watchdog, DOI's strategy attacks corruption comprehensively through systemic investigations that lead to high-impact arrests, preventive controls and operational reforms that improve the way the City runs.”
So it was the DOI that the BSN contacted in May 2014, to report corruption by NYPD officers, and systemic corruption in the NYPD as an institution. BSN's initial contact at the DOI was Lee Contes, Assistant to DOI Chief Investigator John Kantor. [Kantor was also known as “Assistant Commissioner” of the DOI] In an email to Contes of May 12, 2014, the BSN described the mortgage fraud, illegal detention and death threats by NYPD Detectives, Sheu's suspicious death and the ongoing cover up. A follow up letter, dated May 16, stressed that the complaint was against the NYPD, and further enumerated the specific complaints against the NYPD.

Contes replied that he would forward the case to DOI Chief of Investigations, John Kantor and that we would be hearing back from Kantor “within a day or two”.  Interestingly, Kantor formerly held a high-level position at the famously corrupt NY Department of Buildings during the period when Judge Golia's brother, James Golia, was the Assistant Commissioner.   
Three weeks passed and Kantor never responded. On May 30th, the BSN wrote directly to Kantor, making it clear that if we did not hear from him by the end of the day, we would be reporting the case, and the DOI's delinquency, to Mayor De Blasio.

DOI CHIEF OF INVESTIGATIONS JOHN KANTOR TRANSFERS THE CASE TO EDDIE LEBRON OF THE NYPD / DOI SQUAD
Kantor responded the same day, confirming receipt of the email to Contes, and promising to review the complaint. The following Monday, Kantor confirmed that the DOI had initiated an investigation: “DOI has thoroughly reviewed the information that you have provided to Mr. Contes as well as the further information that is available on your website regarding the death of Mr. Sheu... Going forward, your contact should be Detective Eddie Lebron of DOI’s NYPD Squad.
Immediately thereafter, Galison contacted Lebron by phone and then by email, and requested that he and Milton Allimadi, two of the primary sources in the Sheu case, and the possessors of key documentation, be interviewed in person by Lebron.

DETECTIVE EDDIE LEBRON OF THE NYPD/DOI SQUAD CONFIRMS THAT THE DOI IS INVESTIGATING THE CASE

Lebron Contacted the BSN on June 12th, confirming that a DOI investigation of the Sheu case was underway: The NYC Department of Investigation ( DOI ) is currently conducting an investigation into this matter. I am not able to meet with you in person at this time. I understand your desire to assist in this process but certain investigative steps must be completed, before anyone at DOI speaks with you. Please feel free to call me or correspond by email with any documentation or information that could assist in this investigation.”


BSN received no further communication from the DOI or the NYPD/DOI Squad after this letter. No requests for information, no updates, and no invitation to an interview. In fact, the DOI failed to respond to numerous emails sent to them by the BSN requesting a follow up report.

BSN tried many times to contact Lebron at the NYPD/DOI Squad by phone but we either kept on hold indefinitely, or told we would be called back and then forgotten. When BSN finally managed to connect with Lebron, on July 1, 2014, he refused to provide any information about the status of the case, but confirmed 13 times in that conversation that the DOI was investigating the case, and that he was the sole contact person for the Blackstar News. In our final conversation, Lebron assured the BSN that we would be contacted after certain preliminary steps were taken, but we were never contacted again.

THE NYPD DOI SQUAD” IS NOT PART OF THE DOI AND IS FORBIDDEN FROM INVESTIGATING THE NYPD OR AIDING THE OIG/NYPD. THEIR “INVESTIGATION” WAS A FRAUD.

There is a very good reason why the NYPD/DOI Squad never got back to BSN. It turns out that the NYPD/DOI Squad is simply an NYPD detective squad, and as such has no jurisdiction over cases involving misconduct or criminality by NYPD personnel. The only agencies in the NYPD with such jurisdiction are the Bureau of Internal Affairs (IAB) and the Chief of Detective's Bureau

The Role of the NYPD/DOI Squad

The sole function of the NYPD/DOI Squad is to aid investigations at the request of one of the various Inspector Generals within the DOI, except for Office of Inspector General for NYPD Affairs, OIG/NYPD, whom they are expressly prohibited to assist, due to obvious conflict of interest. A detective from the NYPD/DOI Squad who requested anonymity stated: “We have nothing to do the OIG/NYPD part of it.. apparently they investigate us, the NYPD, I guess policies and procedures and stuff like that. So we don't work with them, because basically they're investigating us”.

 
Thomas Mahoney, Chief of investigations for the Office of the Inspector General for the NYPD also confirmed this, stating: “the DOI/NYPD never handled complaints about the police department”.

THE NYPD/DOI  SQUAD “INVESTIGATION” CITED BY LEBRON NEVER HAPPENED

As explained, the NYPD/DOI Squad is not part of the DOI. The only Inspector General in the DOI authorized to investigate the NYPD is the OIG/NYPD, which confirmed that they had no knowledge of the Sheu case before July 19, 2014. So Lebron's statement of June 12, that the “The NYC Department of Investigation ( DOI ) is currently conducting an investigation” is patently false.  There was no investigation by the DOI; and all of Lebron's communications with the BSN were fraudulent, intended only to mislead the BSN into believing that the Sheu case was being investigated, when it was not; by anybody.

KANTOR ALSO LIED ABOUT THE DOI/NYPD SQUAD “INVESTIGATION”

On June 30, 2014, Kantor wrote: DOI is continuing to obtain relevant records regarding Mr. Sheu
’s death from several agencies. We have received some of the requested records, but we need to obtain further records


UPDATE: DOI CONFIRMS THAT NEITHER THE DOI NOR THE NYPD/DOI SQUAD EVER INVESTIGAED THE SHEU CASE

On December 22, 2015 the BSN filed a FOIL request with the DOI, demanding:

1) All documents pertaining in any way to the “review” mentioned by John Kantor in his email of June 30th, 2014, including the “original documentation regarding Mr. Sheu’s death...” and

2) All documents pertaining in any way to the “investigation” by The NYC Department of Investigation mentioned in the below e-mail from Detective Lebron, including the investigation, number, status of case and names of the investigators involved”

In her response of December 29, 2015, Elyse Hirschorn, Chief Investigative Attorney for the DOI wrote: “Neither the Department of Investigation nor the [NYPD] Department of Investigation Squad ever investigated this matter.”

Hirschorn then attempted to bend the truth by continuing: “Rather, the issues you raised were forwarded to the Inspector General for the New York Police Department (“OIG/NYPD”) for appropriate action.”

In fact, neither DOI nor the NYPD/DOI transferred the case to the OIG. As explained below, the Sheu complaint was introduced to the OIG by the Blackstar News in a letter of July 19, 2014, and Inspector General Philip Eure and his deputy Sandra Musemeschi, both stated that they had never heard of the case or the name Sunny Sheu before being notified by the BSN.

KANTOR TRANSFERRED THE SHEU CASE TO AN AGENCY WITH NO JURISDICTION, AND BURIED IT.

DOI Assistant Commissioner Jon Kantor knew that the NYPD/DOI Squad is not part of the DOI and that it is forbidden from investigating on behalf of the NYPD/DOI.  Therefore; when he gave the case to the NYPD/DOI Squad, he was knowingly giving the case to an agency without jurisdiction, and removing it from the DOI's legitimate jurisdiction. He buried it.

KANTOR CONCEALED THE COMPLAINT FROM THE SOLE AGENCY WITH JURISDICTION OVER THE CASE; THE OFFICE OF THE INSPECTOR GENERAL/ NYPD.

Had the Sunny Sheu complaint arrived at Kantor's desk before March 28, 2014, they may have had reason to refer the complaint to the NYPD, but only to the IAB or Detective's Squad, which were at that time the only city agencies with jurisdiction over NYPD misconduct. On that date however, in the wake of the IAB's mishandling of the Eric Garner scandal and amid great fanfare, Mayor De Blasio created a new agency within the DOI, specifically to investigate NYPD improprieties; the Office of the Inspector General for the NYPD (OIG/NYPD). After the creation of the OIG/NYPD, on May 28, 2014, any complaint to the DOI regarding the NYPD was referred directly to the OIG/NYPD.


On July 2, 2014. the BSN called the DOI for an update, and asked to speak to Lebron at the NYPD/DOI squad. The receptionist asked what the call regarded, and when told that it was a complaint against the NYPD, she responded: “the NYPD/DOI squad does not investigate complaints against the NYPD... that kind of thing is handled by the Office of the Inspector General for the NYPD”. Despite the BSN's insistence that the case had been investigated by the DOI/NYPD squad for over a month, the receptionist connected us to the OIG/NYPD.

Thus, after nearly two months of communication with the DOI, this receptionist was the first person at the DOI to mention the existence of the OIG to the BSN.

The BSN immediately wrote to Lebron, Kantor and Contes,
demanding an explanation of why our complaint had been withheld from the OIG, and asking: “Have you or Mr. Kantor brought the Sunny Sheu case to the attention of Mr. Eure? ...” Lebron, Kantor and Contes never responded to this letter, and the BSN never heard from them again.

BSN SUBMITS THE CASE TO THE OFFICE OF INSPECTOR GENERAL FOR THE NYPD

On July 19, 2014, the Blackstar News filed a formal complaint with the Office of the Inspector General (“OIG”) This was in the form of a certified letter directly addressed to Philip Eure, the Inspector General for NYPD Affairs (“OIG/NYPD”) and his deputy, Sandra Musumechi, both of whom confirmed receipt.

Musumechi and Eure both stated, on the record, that prior to receiving the July 19, letter, the OIG/NYPD had never received any information about the Sunny Sheu case, had never heard the name, and had never been contacted about it by NY DOI NYPD Squad. This confirms unequivocally that Lebron and the NYPD/DOI Squad had concealed the case and their “investigation” entirely from the OIG.

Eure Is Told of the Cover Up by the NYPD DOI Squad

The July 19, 2014 letter to Eure discussed not only the circumstances of Sheu's death and the ensuing cover up. It also emphasized the cover up by Lebron and the NYPD/DOI Squad, which, being part of the NYPD, is firmly under the OIG's jurisdiction.

INSPECTOR PHILIP EURE CONTINUES THE COVER UP


When Inspector General Philip Eure was personally selected by DOI Commissioner Mark Peters to lead the Office of the Inspector General for NYPD, he was advertised as an  independent “outsider” with no loyalties to the NYPD, who would sweep the department clean without regard for entrenched power. Mayor De Blasio called Eure “One of the nation's premiere police accountability experts”.

The July 19 letter informs Eure, that a case involving possible complicity by the NYPD in a murder, which has been covered up by the NYPD, had been hijacked, buried and concealed from his agency by a corrupt NYPD agency (the NYPD/DOI), operating out of the very same building in which Eure was fighting NYPD corruption

Did Eure demand an investigation of the NYPD/DOI's role in covering up the case? Remarkably, Eure never responded to the July 19, 2014 letter, nor did he request any emails, phone recordings and other documentation of the NYPD/DOI’s phony investigation.  Indeed, to our knowledge, no branch of the DOI or any other law enforcement agency has ever investigated the cover up of the Sunny Sheu case by the NYPD/DOI Squad.

After many insistent follow up emails and calls by the BSN, however, Thomas Mahoney, Chief Investigator the Inspector General's office finally spoke to the BSN about the Sunny Sheu case, and finally consented to interview BSN Publisher Allimadi and reporter Galison.

The Office of the Inspector General Interviews Galison and Allimadi

On January 16th, at the DOI Headquarters, BSN met with OIG Investigator Edward Sanchez and Chief Investigator Joe Carhina. From the outset, it was clear that this would be “good cop/ bad cop” scenario, with Sanchez being obsequious to the point of annoyance, and Carinha being rude and dismissive to the point of aggression. Carinha even implied that Sheu had brought the illegal detention and death threats upon himself, by placing a note in the Judge's mailbox. with no concern for the raft of illegal acts involved with his detention and interrogation, not to mention his eventual death and the ensuing cover up

The BSN came prepared to answer questions clarifying and expanding upon on the evidence provided in the July 19  and accompanying documents.  For example, Allimadi was expecting to be asked to present his testimony that Dr. Ahmed had told him that “foul play” was involved in Sunny Sheu's death.  Allimadi's account is critically important to the case; if Ahmed was coerced into lying about the head trauma, then the people who coerced him were powerful enough to compel a doctor into committing a felony (accessory to murder after the fact), and interested in protecting the perpetrators.  Ahmed's confession of “foul play” is the key to the entire case, and should be of utmost concern to any honest investigator.

But Allimadi's account was immediately dismissed by the investigators as irrelevant. When Allimadi offered to sign a sworn affidavit and take a polygraph test to confirm his statement, Carinha objected that “lie detector tests are not allowed as evidence in a trial”.  The investigators ignored the fact that sworn affidavits are often presented as evidence in criminal cases, and a voluntary lie detector test may be certainly used as a basis for suspicion. Finally, when Galison asked if Ahmed would be questioned at all, Carinha replied “only if he chooses to come in...we can't force him”.

The OIG Neglects to Investigate The Key Questions of the Case


During the interview, in fact, neither Sanchez nor Carinha asked Allimadi or Galison a single question regarding the case. The only questions were asked by Allimadi and Galison, and while all the answers were vague and evasive, some revealed important clues as to the nature of the OIG's “investigation”, specifically, that the OIG:
- never subpoenaed the CAT scans made by ER Doctor Zeeshan Ahmed, who falsely told Sunny's friends and the NYPD that they showed no indication of head trauma. If the CAT scans showed unmistakable fractures to Sheu's skull (which they must), this would indicate that Ahmed knowingly allowed him to die without proper treatment.
- never investigated the disposition of Sheu's computer after his death or even inquired about its whereabouts. The computer would hold evidence of the NYPD's illegal surveillance of Sheu and hacking of his emails before his murder, which Sheu reported to the BSN and, under oath, to the FBI.

- never interviewed Dr. Zeeshan Ahmed, the ER Doctor who concealed Sheu's fatal head trauma and
admitted to Allimadi that “foul play” was involved in Sheu’s death.
- never investigated the identity of the “witness” that the NYPD, in a fraudulent  memo, told the M.E. had seen Sheu fall, whose existence would exonerate the NYPD and whose non- existence would prove an NYPD conspiracy to mislead the M.E.

When reminded that all the 911 witnesses mentioned a man lying in the street and none mentioned a man falling down, Carhina replied: “Just because what you hear on 911, doesn't mean that later on when somebody was interviewed, that they may not add a little bit more...”

When reminded that there was no documentation of any interview with this alleged witness, no mention in the responding officer's notebook, no DD5, in fact none of the many mandatory official documents reflecting the existence of an interview, and that both Queens Assistant District Laura Weinstock and 109th Pct. Detective Ardisano had told the BSN that there was no witness, Carinha replied: “Well, you just said that [the NYPD] sent something to the M.E's office so there is something in writing that said that somebody saw him fall, so something is in writing, right?” In other words, according to Carhina's logic, the NYPD memo mentioning the witness must be true simply because the memo existed.
never investigated the fraudulent “investigation” by their colleagues at the DOI/NYPD, Squad, or the DOI's attempt to hijack the case from the OIG and bury it.

- never investigated the NYPD’s failure to investigate a death ruled as “undetermined” by the Medical Examiner.

DOI CHIEF INVESTIGATOR FINDS "NOTHING SUSPICIOUS"ABOUT THE SHEU CASE

At the conclusion of the forty-five minute interview, Allimadi cut to the chase by asking Carinha a simple question: “Do you see [anything in the Sunny Sheu case] that looks suspicious?” to which Carinha answered without hesitation: “No”.


SHEU HAD “LOTS OF INJURIES; NOT JUST TO HIS HEAD”: MEDICAL EXAMINER


Despite the investigators' efforts to be opaque, Sanchez let slip one fact of great significance. He stated that he interviewed Dr. Michael Greenberg, the Medical Examiner who autopsied Sheu's body and subpoenaed his medical records, and according to Sanchez “[the Medical Examiner] determined that there was lots of injuries - not just to the head - and the matter was undetermined”.

This is a bombshell: how could Sheu have sustained lots of his injuries to different parts of his body, simply by falling over and hitting his head? “Lots of injuries” is consistent with a man fighting for his life, not with a man having a seizure and falling straight down on the ground and into a coma. It also re-emphasizes the question of why Dr. Ahmed, who examined Sheu thoroughly in the hours before his death, told Sheu's friends that Sheu suffered no external injuries at all. How could Ahmed, in the course of four hours of intensive life saving procedures, have failed to notice significant injuries all over Sheu's body, in addition to the fatal “trauma to the head with multiple skull fractures and brain injuries”?

BSN LETTER TO OIG CHEIF INVESTIGATOR THOMAS MAHONEY RE: CARHINA

On January 18, 2015 the BSN wrote a letter to OIG Chief Inspector Thomas Mahoney - once again sent by certified mail and copied to Philip Eure, Mark Peters and Mayor De Blasio - entitled “ Profound Concerns Regarding Your Senior Investigator, Joseph Carinha”, and expressing the BSN's outrage over the bias and ignorance of the OIG Investigator. The BSN has never received a response from Mahoney, Eure, Peters or Mayor De Blasio.

THE OIG'S VIOLATION OF NY FREEDOM OF INFORMATION LAW.

Stonewalled by a total blackout of communication from the OIG, the BSN decided to request documents from them through the NY State Freedom of information law (FOIL). If the OIG had done any investigation on the case at all, we reasoned, they would have had to have subpoenaed, at the bare minimum:

- The name of the party that ordered the detention of Sunny Sheu in January 2009
- The records of the “interview” of Sheu by the Detectives who detained him
- The party that ordered the removal of Sheu's body from the Queens Hospital
- The police officers who removed Sheu's body from the Queens Hospital
- The name of the alleged “witness” who allegedly saw Sheu collapse
- Any NYPD paperwork the “interview” in which an alleged witness said he saw Sheu collapse
- The NYPD documents reflecting the false cause and false manner of Sheu's death, as cited by Detective Ardisano.

Under FOIL law, the OIG would, at the very least, be required to state whether each individual requested document was in their possession, if they were available to the public or not, and if not, precisely why not. Of course, according to the NYPD, and to OIG there was no crime and no evidence of a crime, and thus no investigation. So what could be the basis on which to keep any documents secret?

On January 19, 2015, the BSN sent a request for documents to the FOIL officer at the OIG, Assim Rehman, who is also the OIG's legal council. The request was unambiguous. It asked for “all documents” pertaining to 24 separate and distinct documents, relating to the death of Sunny Sheu and its cover up by the NYPD.

Under FOIL law - by default - every document generated by the government must be made available to the public, except documents which may be withheld or redacted because they fall under specific “exceptions” which are detailed in the FOIL law.

The response of Rehman was to utterly ignore the rules and precedent of FOIL case law. Rehman not only refused to provide a single document requested; he failed to specify the exception for each requested, illegally grouped all of the 24 demands together and denied them all in one sentence: “Any material which may be in the possession of this department that would be responsive to your request would be exempt from disclosure would interfere with law enforcement investigations”.

By this meticulously evasive wording, Rehman tried to skirt the pertinent question of which documents the OIG possessed, so that it could not be determined whether the OIG had actually investigated the case or not

WHY THE SUNNY SHEU CASE IS “SYSTEMIC”

Though it may seem a matter of semantics, the question of whether the BSN complaints to the DOI represent “systemic” problems with the NYPD or not, is the key to their jurisdiction. According to the OIG website, cases deemed “systemic” or regarding “policy or procedure” are under the unique jurisdiction of the OIG, and those considered “complaints against individual officers”, are under the jurisdiction of the NYPD Internal Affairs Bureau (IAB).

At the very least, the illegal detention of Sheu by NYPD Detectives, during which Sheu alleged that he was abducted against his will, his wallet confiscated, his documents photocopied and that he was threatened with death, is the ultimate example of “stop and frisk”; one of the “systemic” issues that the OIG is specifically mandated to investigate. 

But it is the failure of the Police Commissioner to order an investigation of a death ruled as undetermined by the M.E. that makes this case “systemic” prima face. The decision to not investigate a death ruled “undetermined” cannot possibly be the act of an individual officer, especially when two consecutive NYPD Commissioners were informed of the M.E's ruling and specifically told that they must investigate under law. The decision to not investigate a death ruled “undetermined” they depend on the police to investigate by the Medical Examiner, is a matter of “policy and procedure”, and a crime.

According to John Fudenberg, former President of the International Association of Coroners and Medical Examiners, “If a Medical Examiner has a case of “blunt force Trauma to the head, and they can’t tell if it’s a from a strike or a fall, they should and do depend on the police to attempt to get them more information… Homicide Detectives and Medical Legal Professionals are trained to treat every death as a homicide until they can prove otherwise, but especially if there is any indication that it might have actually been a homicide”.

THE OIG REFERS THE CASE TO THE NYPD INTERNAL AFFAIRS BUREAU, BUT WITHOLDS CRITICAL INFORMATION FROM THEM

A letter dated April 14th, 2015 from Thomas Mahoney of the OIG, states: “We have completed our preliminary investigation of your complaint... With respect to your specific concerns regarding the death of Mr. Sheu... Given the content of your July 23rd [sic] complaint [originally sent to Eure on July 19, and dated as such] , we believe that the NYPD internal affairs Bureau (IAB) would be an appropriate investigative agency... therefore we will forward IAB a copy of your complaint so that they may review the matter further”.

Mahoney's letter certainly implies that it was the July 19 complaint that was sent to the IAB for further review, but incredibly, according to a source at the IAB, the “complaint” that the OIG sent them was not the July 19 complaint. Our source, who examined the entire file transferred from the OIG reported that the only document provided to the IAB by the OIG was the May 12 letter to Contes. He stated: “... April 8th, that's when they sent the letter.... The only [complaint] they sent was [the email from] May 12th, it was basically your correspondence with Mr. Contes. That's it'. He further confirmed that the July 19 letter was not provided by the OIG. This sleight of hand by Mahoney raises the question of whether the May 12th letter may have been altered.

Why did Mahoney send the wrong letter to the IAB and lie about it to the BSN? Perhaps because the difference between the May 12 letter and the July 19 letter is critical to the jurisdiction of the case. The hijacking and burying of the case by the DOI/NYPD squad is detailed in the July letter but absent in the May letter, because it had not yet occurred . The OIG/NYPD Squad's fraudulent “investigation” not only adds to the long list of NYPD officers complicit in the cover up, it further establishes that the case is systemic, and therefore under the exclusive jurisdiction of the OIG.
And of course, leaving out the documented allegations against the NYPD/DOI gets the OIG's office mates at the NYPD/DOI off the hook, which may have been another intention.

ACCORDING TO THE IAB, THE OIG DID “NO INVESTIGATION” ON THE CASE BEFORE TRANSFERRING IT TO THEM.

Our source at the IAB
also revealed that the dossier sent to the IAB by the OIG indicated that the OIG had done no investigation on the case, because no results of any investigation were included in the dossier. “I don't think [the OIG] did any investigation into it” she noted.

This means that either the OIG did no investigation whatsoever on the case, or they withheld the results of their investigation from the IAB when they transferred the case to them. If they did no investigation, then on what basis did Rehman deny the FOIL requests based on “an ongoing law enforcement investigation”? And what were they doing for the nine months between receiving the complaint in July and sending to the IAB in April?

Of course we know that Sanchez learned from the Medical Examiner that Sheu had suffered “lots of wounds” all over his body, and that this important fact was never provided to the IAB. What other findings of the nine-month OIG/NYPD “investigation” were concealed from the IAB? 


What the DOI's FOIL responses tell us is that the NYPD/DOI Squad claimed to investigate, but did not (in order to bury the complaint) while the OIG actually did investigate, and then claimed that the did not, in order to keep their results from other agencies.

NYPP INTERNAL AFFAIRS SITS ON THE CASE FOR SIX MONTHS WITH NO INVESTIGATAION, THEN TRANFERS IT TO THE DETECTIVE BUREAU WHICH CLOSE IT IN A WEEK. 

The NYPD IAB held the case for six months, and conducted no investigation, according to our source. On September 19, 2015, the IAB transferred the case to the NYPD Chief of Detectives Bureau. The sole detective delegated to investigate the case was Sgt. Anthony Bocola, a veteran NYPD cop sued in 2001 for punching a 13 year old dance student in the face.

Bocola confirmed that neither the DOI, OIG nor the IAB had furnished him with any findings resulting from their respective investigations, and only furnished him with the original May 12. 2014 complaint to John Kantor. This means that Bocola had no knowledge of the complaint to Inspector General Philip Eure which included documentation of the fraudulent claims by the NYPD/DOI Squad that they had investigated the case.

The NYPD Detective Bureau's Investigation is Completed in Less than Eight Days.

Although Bocola refused to comment on his investigation of the Sunny Sheu case, one very important aspect is apparent; the “investigation” was astonishingly brief.  Bocola received the complaint on September 19, 2015. Bocola's superior,  Lieutenant Simmons, refused to give a specific date for the closing of the case, but he told the BSN “it was closed in September of this year”.

Since September has only 30 days, this means that Bocola's investigation of the illegal detention/kidnapping, the death threats, the false statements of Dr. Ahmed, the unauthorized removal of the body by NYPD Detectives, the false witness” story sent to the Medical Examiner by Austin and Grant, the false reports given by Ardisano about the cause and manner of death, the unauthorized cremation of the body by a party falsely claiming to be the Executor of Sheu's estate, the violation of FOIL law by the NYPD and above all, the NYPD's failure to investigate a case ruled “undetermined” by the Medical Examiner for over five and a half years, was conducted in the maximum of one week.

Bocola Investigate and Closed the Case Without Interviewing Any of the Primary Witnesses, or Examining Any Evidence

Moreover, Bocola managed to complete the “investigation” without interviewing any witnesses or requesting any information from the BSN. In fact the BSN was never even told that the Case had been transferred to the CDB or that the case had been closed. BSN only found this out through our source at the IAB, two months after the fact.

The only positive thing that can be said about Bocola is that it only took him just eight to do exactly what it took the DOI, OIG and IAB 15 months months to do, namely to conduct a sham investigation, with the intention of covering up the circumstances of the Sunny Sheu case.