Capital Punishment Murder Trial of Dennis Alvarez-Hernandez: Week One

Posted on by

Hits: 0

WPCNR WHITE PLAINS LAW JOURNAL. By S. Richard Blassberg, Legal Affairs Correspondent. April 8, 2003:
The capital punishment murder trial which got under way last week in the Westchester County Courthouse in White Plains, before Judge Kenneth Lange, is the first in the county in more than twenty-five years.



WPCNR LEGAL CORRESPONDENT
S. RICHARD BLASSBERG
Photo by WPCNR News

The Defendant, Dennis Alvarez-Hernandez, has the ignoble distinction of being the sole individual chosen amongst ten defendants in the past nine years whose crimes were eligible to be designated for such treatment by District Attorney Jeanine Pirro. If convicted of First Degree Murder, he will face the possibility of being sentenced to Death by Lethal Injection.

The jury which consists of twelve jurors and ten alternates was selected over six months from a pool of 2,656 individuals. They have been advised by Judge Lange that the bifurcated, or two-part, trial will likely last for two months. The first phase is to determine the Defendant’s guilt or innocence, particularly as relates to First Degree Murder. The second phase will occur only in the event of such a conviction, and will be for the purpose of determining whether the punishment will be Life Imprisonment Without Possibility of Parole, or Death By Lethal Injection.

The Defendant is charged with the killing of Patricia Torres, his girlfriend, and two of her four young children, Ashley 4, and William 7, as well as the attempted murder of a third child, Vincent, then nine. Vincent managed to escape although seriously injured. The defense has acknowledged that Alvarez-Hernandez, in fact, committed the acts charged, but maintains that he did not possess the necessary intent to be guilty of Murder in the First Degree, because he was under the influence of alcohol with a blood-alcohol reading of .25, two and one-half times the legal limit. As with all criminal proceedings, under our federal and state constitutions, the prosecution has the burden of proof.

Mrs. Pirro’s assistants, George Bolen and Patricia Murphy, seasoned prosecutors, share the unenviable task of convincing the jury not only that Dennis Alvarez-Hernandez is guilty of Murder One, but also that they should condemn him to Death By Lethal Injection. To obtain such a conviction, they must establish to the jury’s satisfaction that he intended to produce the results his actions produced. They have wasted no time in the first week, bringing to the stand a witness who testified that the Defendant told her before the tragic incident, “If he couldn’t have Patricia, no one would.”

Additionally, Bolen and Murphy have attempted to counter the defense contention that the Defendant’s extreme intoxication and incapacity at the time of the killings rendered him incapable of forming the intent necessary under the statute to find Murder In The First Degree. For this purpose, they brought to the stand witnesses, police officers and emergency personnel, who testified that the Defendant was not nearly as intoxicated as his blood-alcohol reading would indicate he clearly was.

With the conclusion of the first week, the dye has been cast. The pivotal issue has been identified, and defence and prosecuting attorneys have each promised to prove their position.

Posted in Uncategorized

Great American II Catches up With Sea Witch Report from the Indian Ocean

Posted on by

Hits: 0

WPCNR ADVENTURER’S LOG. By Cynthia Goss. Special to WPCNR. April 8, 2003:John, all is going well on GAII. We moved last week’s report up to mark the boat’s passing into the Indian Ocean. We’ll have another update later this week…Once they got into the Indian Ocean, GAII left the light, frustrating winds of the S. China Sea behind and quickly got into the tradewind belt. They’ve been making good time and are now neck and neck with Sea Witch’s position.

Here is a report from Rich Wilson aboard the GAII received just this morning:
I got this from the boat this morning, from Rich Wilson, imagining what it must have been like to be sailing in 154 years ago, right next to the legendary clipper ship…

“Last night I could see her on the horizon, a sliver of moon barely lit the sky behind the heavy overcast, but there she was, where you wouldn’t see a star, right on the horizon, it had to be her, Sea Witch all sails set and reflecting the glimmer of moonlight, charging hard in the SE trades. These were her conditions, she had been coming on strong for the last several days, GAII’s lead captured immediately out of Sunda Strait had been evaporating in the last days, and now here she was.

Captain Waterman, (Sea Witch Captain). surely on the windward deck, inspecting the set of every sail, and feeling every puff on his cheek,advising the helmsman nearly wave by wave. He would stand there for hours, making sure his ship was driving hard toward the Cape of Good Hope, making sure that these trades would not be wasted.

GAII was gamely hanging on, but she was also saving herself for the lighter breezes in which she excelled. This was a race of strategy more than machismo, to go hard when you could make the easy miles, and to back off, when the sea state got up and rattled her three hulls.

Captain Waterman, hard driver that he was, also knew when to back off. Upon approaching Sunda Strait, he hove to for a night, saying it was “too dark” to proceed in the confined waters. We’re neck and neck now, at noon time, only miles apart after 23 days, isn’t it amazing!”

Posted in Uncategorized

JPI: “We’re in the Money.” Long Idle Jefferson to Resume by June.

Posted on by

Hits: 0

WPCNR STREETS OF WHITE PLAINS. By John F. Bailey. April 8, 2003: Attorney Mark Weingarten told WPCNR Monday evening in private conversation in the City Hall rotunda that his client, JPI, of Dallas, Texas, had secured a lender to supply the additional $20 Million in new financing. The organization had been seeking the amount to resume construction of “The Jefferson” at the long dormant site on 300 Mamaroneck Avenue. Work has been stopped since May of 2002, while additional financing, now according to Weingarten, secured, was sought.

Weingarten said a term sheet had been signed with a lender, but would not reveal the name of the lender. The attorney told WPCNR his client had to apply to the Westchester County Industrial Development Agency as the next step in the process. Weingarten assured WPCNR the schedule would meet the Common Council deadline for having financing in place, June 1, and for construction to begin anew by the June 15 deadline set by the Council.

Weingarten said the Mayor’s Executive Officer George Gretsas would be presenting the term sheet to the Common Council at the next Council work session.

Posted in Uncategorized

Bar Building Owner Contests Cappelli-Bland Hotel. Has Own Plan.WP Budget Up 7.5%

Posted on by

Hits: 0

WPCNR Common Council Chronicle. By John F. Bailey. April 8, 2003: The Scoping Session on the 221 Main Street Cappelli-Bland Hotel project was highlighted by a strong message from a representative of the owners of the Bar Building on Main Street.
Attorney Kenneth Finger the owners would hotly contest super developer Louis Cappelli’s plans for taking the annex portion of their 199 Main Street building. He also reported they would be presenting their own plans to the city within two weeks for a light retail complex, fronting on the proposed Court Street extension entrance to the planned Cappelli-Bland Hotel complex.

In other Common Council action…

Mr. Cappelli withdrew a request to raise the height of his loft condominium building fronting on Martine Avenue, from 8 stories to 11 stories, planned as part of the City Center complex, as a minor site plan amendment.

A Reasoner Budget is Presented.

The Council was presented with a city budget 7-1/2% higher than last year’s $103 Million city budget , according to the Mayor’s Executive Officer, George Gretsas. No details were presented on the budget during the Council meeting, and no further details on the budget were provided to WPCNR prior to the council meeting, and no copy of the budget was available to WPCNR. A hearing on the new budget was scheduled for May 5.

The architects of the 10 Windsor Terrace condominium project presented their new plans for the project and the hearing remained opened for another month. The attorney for the Clayton Park team presenting the project, Mark Weingarten, said the owners were well aware of the Council’s concern for some affordable housing units and were at work “addressing those concerns.”

Posted in Uncategorized

Not so Fast, Mr. Feiner! 10603 Stays White Plains. Zip Code Caper Zapped.

Posted on by

Hits: 0

WPCNR County Confidential. By John F. Bailey. April 8, 2003 UPDATED 4:00 P.M. E.D.T.: A substantial portion of White Plains has been saved from being annexed by the Town of Greenburgh.

A WPCNR reader living in the 10603 District reports today that Mr. Feiner, Greenburgh Town Supervisor delivered prerecorded telephone messages to 10603 residents encouraging them to return the post office survey.



ZIP CODE CAPER: A Post Office survey circulated to North White Plains residents to determine their preference to turn the zip codes 10603, which runs from the Valhalla dam to Stewart Place in White Plains, and 10607 into a “Greenburgh” address, has been thwarted.
White Plains Map from Hagstrom Westchester County Street Atlas by WPCNR NewsLab


It took a day of lobbying by Mayor Joseph M. Delfino with the White Plains postmaster and the United States Postal Service in Washington and Congresswoman Nita Lowey to extract a guarantee from United States Postal Service in Washington that 10603 would stay White Plains, USA. The other zip code involved in the zip code survey, 10607, encompassing Tarrytown Road, West of Central Avenue, was not mentioned by the Mayor.

The survey letters from the United States Postal Service asking the 10603 and 10607 residents to make a choice were mailed last week, according to a 10603 resident.

This resident reports to WPCNR they were addressed to all WP 10603 residents and Feiner dialed up WP citizens (including him) with a prerecorded plea to fill out the survey and return it to the post office.

Hockley “Walk About” Contact Exposes Greenburgh Paper Invasion

The stealth annexation by Greenburgh first came to light Saturday morning with several phone calls to the Mayor’s office from residents concerned about the survey they had received in the mail and by their reading the article describing the Feiner “zip code caper” in The New York Times Westchester Section.



HOCKLEY WALK ABOUT FOILS FEINER: The northern section of White Plains Zip Code 10603, as delineated by the Hagstrom Westchester County Street Atlas. Residents would have been given a choice of White Plains or Greenburgh address. A resident contact during a Councilman Glen Hockley Weekend “Walk About” foiled Paul Feiner’s plan to make 10603 a Greenburgh postal address.
Photo by WPCNR NewsLab


The Mayor’s office was tipped off to the paper invasion thanks to an alert White Plains resident who phoned Councilman Glen Hockley who had left a card with the resident who lives in the 10603 zip area during one of the Councilman’s trademark Weekend Walkabouts.

Mr. Hockley contacted George Gretsas, the Executive Officer who lives in the 10603 district about the resident’s concern. According to Mr. Hockley, Gretsas knew nothing of the attempt and said he’d investigate it, and told Mr. Hockley the Mayor would be looking into this Monday.

The Mayor spent most of Monday resecuring the 10603 area as part of White Plains.

Feiner Attempt to Unify Greenburgh the Culprit

An effort by Town Supervisor of Greenburgh, Paul Feiner, to enable residents of the Town of Greenburgh who live in Zip Code 10603, to have a Greenburgh address on their mail, for purposes of saving on the White Plains sales tax, is behind the issue.

Feiner explained it innocently enough to The New York Times. The new Greenburgh Town Hall is in Zip Code 10607, which is now listed as White Plains, according to Mr. Feiner. The Times quotes Feiner as saying, “I think it would make more sense for the Greenburgh town hall to be in the Greenburgh postal area. It would give Greenburgh a stronger sense of identity.”

According to Mayor Delfino the process of whether or not zip code 10603 was to be considered a Greenburgh address or a White Plains address hinged on the residents filling in a postal survey asking their preference. If 50% had voted for the Greenburgh address, the Mayor said, the postal service would list all residences in 10603 as White Plains.

The Mayor said he learned of this through an article Saturday appearing in The New York Times, and that the city had never received a “heads up” from Mr. Feiner on his effort with the post office and Ms. Lowey to give residents of 10603 and 10607 their choice of Greenburgh or White Plains.

White Plains Semper Fidelis

Mayor Delfino ended Monday’s Council meeting, assuring citizens of 10603 that their address would remain “White Plains,” saying he had spent most of the day convincing the Postal Service in Washington to drop the matter, that citizens did not have to return any survey, and he “thanked the U.S.P.S. for understanding. The matter has ended.”



ZIP CODE 10607 as defined by the Hagstrom Westcchester County Street Atlas. A Survey is being conducted to ask residents of this zip code if they prefer a White Plains or Greenburgh address. The new Greenburgh Town Hall is located within this area.
Photo by WPCNR NewsLab
<

Today, a postal spokesperson is reported by The Journal News as saying that the 10607 Zip Code survey would continue as scheduled. Mr. Feiner is reported to have remarked that it was his understanding that the 10603 survey would only go to residents in that postal area who live in the Town of Greenburgh, and that the 10607 area contains Greenburgh residents only. Mr. Feiner is also reported to have said that it was also his impression that only residents opting for a Greenburgh address in the 10603 area would have their address changed by the post office.

The WPCNR reader said today, he finds it hard to believe that Mr. Feiner truly believed the post office would deliver two different town destinations within the same zip code.

Posted in Uncategorized

Snow Guys & Plows Take Bows as Employees of the Month

Posted on by

Hits: 0

WPCNR MAIN STREET JOURNAL. April 7, 2003 UPDATED10:30 A.M. E.D.T.: Mayor Joseph Delfino saluted the people who clear the snow from the city’s streets last night as Employees of the Month. The Mayor is presenting the men and women of the Department of Public Works with autographed copies of the picture below saluting their efforts during the winter of 02-03. The Mayor said the city’s DPW worked 2,000 hours of overtime starting from November 02 of last fall to date, making 13 runs and clearing 65 inches of snow from the city’s streets.



THE SNOW GUYS OF WHITE PLAINS: The Mayor said Elizabeth Wallace, City Personnel Director nominated the Department of Public Works highway crews as Employees of the Month, and he saluted them “for a job very very well done. It’s a good feeling to know you’re there,” Monday night at the April Common Council meeting.
Photo by WPCNR News



HIS HONER DOES THE HONORS: Mayor Delfino presents the Employees of the Month Award to Pat Fucale, City Superintendent while ( L to R) Clarence Thrower, Joe Diplato, Rich Stangarone and George Bell look on. They are just five of the over 100 “Snow Guys” honored, and went directly from the presentation to their plows.
Photo by WPCNR News



THE COACH: Commissioner of Public Works, Joseph Nicoletti, looks on awaiting the presentation. Mr. Nicoletti wrote, in a letter to the Common Council that this season snows forced his crews to work a succession of 16-hour plus days with eight hours rest inbetween, exhausting their $600,000 budget by $153, 500 and forcing expenditure of $71,000 for outside contractors and $32,000 for vehicle repairs. The $271,313 overrun will be made up from the Reserve for Financing.
Photo by WPNCR News



THE SNOW GUYS: Left to right, Clarence Thrower, George Bell, Joe Diplato, Pat Fucale, Highway Superintendent, Rich Stangarone.

Posted in Uncategorized

Adam In Albany: Common Sense Reforms for Seniors and Children

Posted on by

Hits: 0

WPCNR’S ADAM IN ALBANY. By District 89 Assemblyman Adam Bradley. April 7, 2003: Every day there are headlines about the legislature in Albany. What doesn’t get coverage though, is some of the most important work being done. As a legislator I have found that so often it’s the little things, not the loudest things, that make the most significant difference for people.

Perhaps the most meaningful work I do as an Assemblyman is in working with constituents to make common sense reforms in the programs that effect them the most.

Recently, a senior citizen from our district approached me with a problem he was having in applying for the enhanced STAR property tax exemption. This gentleman, like so many seniors in these difficult economic times, suffered considerable losses to his investments and savings in the last year. His losses were so extensive that he became eligible, based on his last year’s income, for the enhanced STAR tax exemption, but because of a bureaucratic anomaly the State would not process his application for the program using his latest tax return.

I have introduced legislation that would correct this problem. My bill
(A.6859) would allow seniors to file the most recent tax return available to qualify for the enhanced STAR exemption. Government bureaucracy should never force senior citizens to pay more than their fair share of taxes.

Among those most in need of our help are children without caring families and permanent homes. For many years I have served as an advocate for children in Westchester County and I have witnessed up close the need for reforms in how these children are treated by government social services.

It is common sense that the best place for children who are without parents is in the home of caring and capable relatives. I recently sponsored Assembly bill (A.7379) to address this problem. It would allow children without parents to remain permanently in the homes of capable and loving relatives when the relatives choose not to enter into adoption proceedings.

This legislation is a common sense step. It would allow a loving relative to have the status of a permanent guardian and would change the lives of children and their caregivers in immeasurable ways.

Unfortunately, children are often taken away from loving relatives when the relative is unable to or chooses not to adopt. Clearly, living permanently with a loving relative is better for any child then lingering in foster care.

Posted in Uncategorized

Legislator Bill Ryan Interviewed on White Plains Week Fri. at 7:30

Posted on by

Hits: 0

WPCNR WHITE PLAINS VARIETY. April 5, 2003: County Legislator Bill Ryan will be interviewed on the City News Roundup Show, White Plains Week Friday evening by John Bailey, Alex Philippidis, Editor of Westchester County Business Journal and Jim Benerofe, Editor of Suburban Street.com beginning at 7:30 PM on White Plains Public Access, WPPA-TV, “The Spirit of ’76,” Channel 76 on your cable box.



WAITING IN THE WINGS: Legislator Bill Rynan lingers off the White Plains Week set with Alex Philippidis, left and Jim Benerofe, continuing his lively conversations with the news duo at WPPA-TV Studios Friday, which will “cable” on Friday evening at 7:30 on The Spirit of 76. Ryan discusses the present situation on public security in the county, Indian Point emergency plans, and what the county legislator faces on budget matters, and discusses his political aspirations.
Photo by WPCNR StageCam

Posted in Uncategorized

White Plains Ballers Sweep

Posted on by

Hits: 0

WPCNR Press Box. April 4, 2003: The day after Marcel Galigani’s White Plains Baseball Team routed Mamaroneck, 16-0, the softball squads took their cue, Ted O’Donnell’s varsity, winning 13-2 behind Tara Pollard, and the Junior Varsity winning behind
Ashley Encarnacio’s stately pitching, 5-4, on Jen Gilch’s inside-the-park homer in the sixth.

Posted in Uncategorized

First SARS Case Reported in County

Posted on by

Hits: 0

WPCNR WHITE PLAINS LANCET. From Westchester County Department of Health. April 3, 2003: The Westchester County Department of Health today announced that a case of Severe Acute Respiratory Syndrome (SARS) has been identified in a 71 year-old woman who had recently traveled to Mainland China last month. She began developing fever, cough and muscle aches – symptoms that are consistent with SARS – on April 1. She sought medical treatment at a local hospital and is now recovering at home. The Health Department has conferred with CDC and the state Health Department, and all agree that this is consistent with a case of SARS. This is the first case of SARS to be reported in Westchester County.

SARS is a newly emerging respiratory illness characterized by sudden onset of high fever, difficulty breathing, and recent travel to Hong Kong; to all of mainland China; Singapore; Hanoi, Vietnam; and Toronto, or close contact with a person with SARS. An estimated 4% of people with SARS die. There is no effective medication to treat the disease. Over 1500 cases have been reported in several eastern countries and in Canada. The Centers for Disease Control and Prevention (the CDC) is recommending that non-essential travel plans be rescheduled to countries experiencing SARS.

To date, 16 cases of SARS have been identified in New York State, of which seven are in New York City. The proximity of the suspect cases and the ability of a newly emerging disease from another part of the world to be on our doorstep within 24 hours lend a sense of urgency to preventive efforts.

Dr. Joshua Lipsman, Commissioner of Health for Westchester County, yesterday announced a Health Department directive which focuses on preventing the emergence of a Severe Acute Respiratory Syndrome
(SARS) epidemic in Westchester. “The Westchester County Department of Health program to prevent SARS has three parts: education, monitoring, and control,” stated Dr. Lipsman.

EDUCATION

Updated information about SARS and its prevention is being made available to the public through fact sheets and through the Health Department website, www.westchestergov.com/health. Up-to-the-minute information for physicians is provided through Public Health Updates that are being faxed as information becomes available to emergency room physicians, infection control nurses, laboratories, and large group physician practices. Through the Physician’s Corner on the department’s website, physicians can receive the latest updates on SARS and link to other national and state resources with information on the topic.

MONITORING

A new computerized system developed by the county health department specifically to respond to emerging public health threats receives and analyzes data from hospital emergency rooms on a daily basis and triggers alerts when unusual activity is identified. Health Department staff then follow up on any unusual findings. In addition, health department staff are in daily communication with hospital emergency room staff to assess the numbers of people seeking services for certain types of illnesses, including respiratory diseases.

CONTROL AND RESPONSE

The health department is not recommending any specific measures for the public at this time. Until an effective treatment is established for SARS, the control of SARS depends on traditional public health measures. Residents who are experiencing symptoms and have a travel history to countries reporting SARS should contact their physicians. Physicians should notify the Westchester County Department of Health regarding any patients whom they suspect of having SARS. Fit-tested respirators have been recommended by the State Health Department for emergency and health care workers who may come in contact with patients at risk for SARS.

For more information, visit the Health Department website at www.westchestergov.com/health or call the Health Department at (914) 813-5000.

Posted in Uncategorized