Sunday, January 3, 2016

BLACKSTAR NEWS 12/18/15 FOIL REQUEST FOR DOCUMENTS FROM THE OIG AND DOI AND OIG RESPONSE OF 2/23/15

From:Wgalison
To:ehirschorn ; mkhan1285 ; preet.bharara ; milton ; OIGNYPDFoil ; assistjm ; coog
Subject:Request for documents
Date:Fri, Dec 18, 2015 5:01 pm
Attachments:Disclosure_and_Reporting_of_DOI_Information.pdf (1724K)

Dear Mr. Asim and Ms. Hirschorn,


The attached July10, 2014 Memorandum by DOI Commissioner Mark Peters regarding DOI investigations states:



"The Commissioner shall prepare a written report or statement of findings and shall forward a copy of such report or statement to the requesting party."



No FOIL request is required to obtain these records. 



The Blackstar News is hereby requesting any report or statement of findings by the DOI regarding any and all complaints from the Blackstar News or William Galison, including the letter to Philip Eure dated July 19, 2014 and the  letter to Thomas Mahoney dated January 15th, 2015, and the letter to Contes dated May 12, 2014


I do not know whether this request falls under the responsibilities of Mr. Asim, Ms. Hirschorn or both, so I leave it to the two of you to work that out and to respond ASAP.

Ms Hirschorn. I have not received a formal acknowledgment of my FOIL request to you, by US mail. which under FOIL law must me sent out within five days of your receipt of my FOIL request dated December 11th. That response is overdue.

I look forward to your timely response on all of the above.

Will Galison
Blackstar News





12/23/15 RESPONSE FROM OIG FOIL OFFICER REBECCA ENGEL

Incredibly, the OIG admits:

"The office [of the OIG] did not make any substantiated findings regarding the [May 12] and [July 19] complaints. (top of page two of the response).


If true, this means that the DOI and the OIG "investigations"-  between May 12 and April 14, 2015 - never addressed any of the following questions, which are key to the proper jurisdiction of the case:

-Who ordered the illegal detention and death threats against Sunny Sheu by NYPD detectives, and what are the identities of the detectives?

- Who instructed Dr Ahmed to lie regarding cause and manner of Sheu's death? How did the NYPD come up with the same false story as Ahmed?

- Who is the NYPD officer who identified Sheu and illegally removed Sunny Sheu's body from the hospital, and under whose orders did he do it?

-Who is the alleged "witness" who "saw Sheu collapse and hit his head on the ground", as reported by Austin and Grant in the fraudulent and illegal memo from the NYPD to the Medical Examiner?

-Why has there been no investigation of this fraudulent memo?

- Who is responsible for the false reports of cause and manner of death cited by the109th Precinct, which contradict the M.E's determination?

- Who at the NYPD decided to NOT investigate Sheu's death which was ruled "undetermined" by the M.E?

-Why did NYPD Commissioners Bratton and Kelly fail to respond to certified letters informing them of the failure to investigate? 

-Why did they not call for an investigation?

- Why did the NYPD/DOI Squad suppress key evidence from the OIG for over two months?

- Why did DOI Assistant Commissioner John Kantor refer the case to the NYPD/SQUAD which had no jurisdiction and actively suppress it from the OIG which did have jurisdiction?




According to the DOI, "NO SUBSTANTIATED FINDINGS" regarding any of the above matters were ever found by the OIG, which can only mean that the OIG never investigated any of them.

- How could the OIG determine the proper jurisdiction of the complaint if it never investigated any of the allegations against the NYPD, including all the above? 

- OIG Investigator Sanchez stated on the record: "I interviewed the Medical Examiner twice… I spoke to the [M.E.] and he said 'we determined that there were lots of injuries, not just to the head".


- How can the OIG claim that there were no findings, when Sanchez' interview with the M.E. is certainly a "substantiated finding"? 


- What other findings are the DOI suppressing?


-If the OIG did not make any substantiated findings, then the FOIL reply of OIG FOIL officer Asim Rehman was entirely fraudulent, as by FOIL law, the FOIL officer must examine in full every document requested. 


If the OIG never obtained the findings, then Rehman never examined them. 


- WHY DID THE DOI/NYPD SQUAD AND THE THE OIG TELL THE BLACKSTAR NEWS IN DOZENS OF EMAILS AND PHONE CONVERSATIONS THAT THEY WERE INVESTIGATING WHEN THER WERE NOT?


Note that the BSN FOIL Requests demands "any report or statement of findings by the DOI regarding any and all complaints from the Blackstar News or William Galison, including the letter to Philip Eure dated July 19, 2014 and the  letter to Thomas Mahoney dated January 15th, 2015, and the letter to Contes dated May 12, 2014,"...

But the OIG response states: "We have completed our preliminary investigation of your complaint ... with respect to your specific concerns regarding the death of Mr. Sunny Sheu".

In all of its complaints and correspondence with the OIG and DOI, the BSN has never accused the NYPD of killing Mr. Sheu, but rather of covering up the circumstances of his death, and of illegally detaining him and threatening him with death before he was killed.

The OIG and DOI have ignored all of the specific allegations regarding the cover up and detention of Sheu and instead pretend that our complaint are merely about a homicide.













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