THE "MEMO" from the NYPD to the Medical Examiner states:
"Detective Grant reports that the decedent was witnessed to collapse at the above location. The 911 caller was interviewed by EMS and police officers. The 911 caller stated that he decedent was walking with a pedometer in his hand when he collapsed."
But no witness has ever been identified, despite investigations by the DOI, the NYPD/DOI Squad, the OIG, the IAB and the Detective Squad.
ANY OF THE AGENCIES THAT HAVE "INVESTIGATED" THIS CASE - THE DOI, THE NYPD/DOI SQUAD, THE OIG, THE IAB, OR THE DETECTIVE SQUAD - COULD HAVE PUT THIS STORY TO BED, SIMPLY BY COMING UP WITH A WITNESS.
THE FACT THAT THE OIG SENT THE CASE TO THE IAB MEANS THAT THEY COULD NOT FIND A WITNESS, BECAUSE IF THEY HAD, THERE WOULD HAVE BEEN NO NEED TO SEND THE CASE TO THE IAB, BECAUSE...
THE CASE WOULD HAVE BEEN CLOSED!
Here is the memo:
"THE UNDERSIGNED CONFERRED WITH DETECTIVE AUSTIN OF 109TH PRECINCT SQUAD. REPORTS THAT THE DECEDENT WAS WITNESSED TO COLLAPSE AT THE ABOVE LOCATION. THE 911 CALLER WAS INTERVIEWED BY EMS AND POLICE OFFICERS. THE 911 CALLER STATED THAT THE DECEDENT WAS WALKING WITH A PEDOMETER IN HIS HAND WHEN HE COLLAPSED. THE SQUAD IS HOLDING THIS CASE AS AN ACCIDENT WITH NO CRIMINALITY"
Grant then conveyed this message, in the form of a memo, to the Medical Examiner who was assigned to autopsy Sunny's body.
The message stated, in part:
"The undersigned [Detective Grant] conferred with Detective Austin of the 109th [Homicide] Squad. He reports that the decedent was witnessed to collapse at the above location. The 911 caller was interviewed by EMS and police officers. The 911 caller stated that he decedent was walking with a pedometer in his hand when he collapsed. The squad is holding this case as an accident with no criminality."
IF THE MEMO IS TRUE- if a credible witness saw Sheu walking and suddenly fall down - then all the police have to do is to identify the witness who saw Sheu collapse, and this entire case will go away.
The death of Sunny Sheu will be solved. Judge Golia, the NYPD, the Queens DA, the OIG, DOI, NYAG, OCA New York Hospital, Dr. Zeeshan Ahmed, Senators Adams and Sampson, Representative Nadler, and all the rest would be vindicated, and the Blackstar News and myself would be fair game for ridicule and derision, not to mention lawsuits for defamation.
IF THE MEMO IS NOT TRUE - if NO witness saw Sheu collapse - then the situation becomes much more complicated.
It means that Austin lied to Grant or conspired with Grant with the intent of leading the Medical Examiner to a false conclusion about how Sheu received his fatal head wounds.
There could be no other motive for this deception other than to hide the true cause of Sheu's injuries and to protect the parties that caused them.
That would, at the least, represent "Accessory to Murder after the Fact" and as it was committed "under color of law" it would be a federal felony.
It would indicate that Austin was working in cahoots with the NYPD officers who removed Sheu's body from the hospital.
It means that the NYPD- right up to Commissioners Kelly and Bratton, the OIG, the DOI, the FBI and all the other "oversight" agencies either didn't investigate when they said they would, or knew that there was no record of a witness and held no investigation into this deception by NYPD detectives.
It would mean that the true circumstances of Sheu's death are being covered up at every level of law enforcement and civil service including the Mayor's office.
Listen to the actual 911 tapes for yourself and decide which one of these witnesses, when allegedly interviewed at some point, told police officers and the EMS that they had seen Sunny walking with a pedometer when he collapsed….
WHY WE KNOW THE MEMO WAS FRAUDULENT:
1) It is self evident from the recordings that none of the 911 witnesses saw him fall
2) Queens ADA Laura Weinstock told the BSN that "there was no investigation because there was no witness"
3) Detective Ardisano of the 109th told the BSN that there was "no witness"
4) There is ZERO paperwork or documentation reflecting any interview with any of the 911 witnesses. There is no mention of an interview in the notebook of the attending officer on the scene Detective Campuzano.
3) All documentation regarding a "witness interview" has been requested through FOIL and the NYPD and the EMS have both come up empty.
Austin told the BSN on June 23rd, the day of Sheu's death, at 9:17 PM that there was "no head trauma" echoing ER Doctor Ahmed.
Austin could have ONLY received this information from Ahmed, as a cop cannot make the determination of NO HEAD TRAUMA without a CAT scan and forensic examination.
WHY was Austin in contact with Ahmed on the night of Sheu;s death? If Ahmed had found head trauma he may have contacted Austin, but if found NO head trauma, as he said he did, he would have no reason to contact Austin.
WHEN did Austin find out about the alleged interview with the witness who "saw Sheu collapse" and why would he mention it to the M.E. if not to explain the head trauma?