THE LAW FIRM OF

RAVIBATRA

THE BATRA BUILDING 142 LEXINGTON AVE.

RA VI@RAvIBATRALAW.COM FAX: 212-545-0967

NEW YORK, NEW YORK 10016 212-545-1993

May 24, 2011 - PRESS CONFERENCE AT NEW YORK CITY HALL STATEMENT BY RA VI BATRA, LEAD COUNSEL FOR KRITTlKA BISWAS

1 1. INTRODUCTION

2 I am proud to be an American in the greatest City in the world. I have worn the Flag lapel

3 pin proudly all over the world since 9/11 as a symbol of pride and American resolve to

4 protect our nation. I love the law, and am delighted to tell you that even when things go

5 wrong, America being a nation of laws, can set things right.

6 Before I go further, I wish to acknowledge the help I have received recently from Rajeev

7 Bhambri and Sudhir Vaishnav for this press conference. I also thank all those who have

8 come today to stand up so that every New York kid gets the best education in school

9 without a trip through "Alice in Wonderland."

10 As a matter of background, in 2009 I supported Mayor Mike Bloomberg's signature

11 campaign issue of mayoral school control, and spoke to many in Albany, especially, then

12 Senate Democratic Majority Leader John L. Sampson. I am happy to note that Mayoral

13 control was passed into law. Now, that very Mayoral control is needed to set things right

14 and to compensate swiftly, without much ado.

15 Hardworking New Yorkers welcome the presence of diplomats from all over the world,

16 be they serving in consulates or in the United Nations. Indeed, the presence of foreign

17 diplomats adds millions, if not billions, to our economy, especially at restaurants, hotels,

18 and law firms, and provides jobs to thousands of New Yorkers. In addition, it adds global

19 prestige to New York as we are not only the financial capital, but also the diplomatic

20 capital of the world!

21 2. THE LEGAL NOTICE OF CLAIM WAS FILED ON MAY 6. 2011

22 This Press Conference has been called to inform you that a legal Notice of Claim has

23 been filed against (1) NYC, (2) NYC Dept of Education, (3) the very capable new

24 Chancellor Dennis M. Walcott (although all this occurred during Cathy Black's tenure),

25 (4) John Bowne High School's principal, Howard Kwait, (5) Jamie Kim Ross, (6) Elayna

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1 Konstan, CEO, NYC DOE's Office of School and Youth Development, (7) Police

2 Commissioner Ray Kelly, who is everyone's hero, and is an ex-Marine and a lawyer, (8)

3 arresting Police Officer "Jane Doe" Maldanado (107 Precinct), (9) hurtful Police Officer

4 Larry Granshaw.(107 Precinct).

5 3. DAMAGES AND TERMINATIONS SOUGHT

6 The filing seeks at least $500,000 and $1 million in compensatory and punitive damages,

7 respectively, as well as the termination of Howard Kwait and Jamie Kim Ross. While the

8 "LIFO" battle rages in NYS, and I am generally in favor oftenure as a necessary basis for

9 academic freedom, no matter which law applies, the current or the amended, K wait and

10 Kim Ross can be fired "for cause." They have hurt this young lady and embarrassed our

11 City and Nation. Perhaps, Mayor Bloomberg can unruffle some very ruffled feathers by

12 meeting with Krittika and her family, along with her father's boss, Arnbassador Prabhu

13 Dayal, India's Consul General.

14 I must note that the only hero in this sordid tale I am about to share with you is the very

15 Honorable District Attorney of Queens, Judge Richard A. Brown. His 50 years of service

16 has done New York proud. He has served as counsel to Governor Hugh Carey, and served

17 10 out of 16 years on the Appellate Division, Second Department of NYS Supreme Court.

18 4. THE FACTS

19 Krittika Biswas is an 18 year old student taking "honors" classes, and is the daughter of

20 the Honorable Debashish Biswas, Vice Counsel at the Consulate General of India,

21 Manhattan, New York. They both hold diplomatic passports.

22 Last year, both October and December became important, albeit, poles apart. First, in

23 October, Krittika asked her calculus teacher, Ms. Jamie Kim Ross, to write a letter of

24 recommendation for her admission to CUNY's Macaulay's Honors College, located at

25 35 West 67th Street; which Ms. Ross wrote at home, emailed it to herself at DOE's email

26 alc, and showed it to Krittika at school. Second, Krittika went to India in October for 3

27 weeks after her grandmother died. Then, out of the blue, as if in the Twilight Zone, in

28 December, the school raised the issue of cyberbullying - threatening, disgusting and

29 vicious emails received by two teachers, Kim Ross and Mr. Ivan Cohill, the Gym teacher.

30 On December 21, 2010, the School identified two students, both of Indian decent to

31 interview. One was Krittika and the other was Arnan. The basis for this targeted inquiry

32 was criminally malicious as it was reckless: (1) both Krittika and Arnan had both Kim

33 Ross and Cohill as teachers; (2) both Krittika and Arnan lived in the same building; and

34 (3) The "IP" address of the two vicious and threatening emails was stated by the School

35 to be for Krittika's building!

36 The problem is that there is no such thing as an "IP" address for a building! In addition,

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1 the building is not a I-family house, but an apartment building with 27 floors, and 10

2 apartments on each floor; or approximately 270 apartments. If on average 4 people live in

3 each apartment, you have over 1,000 residents in the building with access to their email

4 accounts. In point of fact, as we later discovered, the offensive emails were

5 transmitted from an IP Address associated with the network of "Earthlink, Inc."

6 On December 22,2010, parents of both Krittika and Arnan were sunnnoned to School,

7 and told that because Krittika knew "French," and part of the offensive emails were in

8 French, she was the main target and that this was now a police matter.

9 5. HELL IS UNLEASHED at 9:45 am on FEBRUARY 8.2011 and "Alice in

10 Wonderland" becomes "the Twilight Zone"

11 Krittika was summoned to the Assistant Principal's Office at approximately 9:45am on

12 February 8,2011. She was informed that additional emails were sent on February 6th at

13 1 :06pm, and the Police have been called to come arrest her. In addition, she was informed

14 that the School is aware of Krittika's Facebook postings about Jamie Kim Ross' playing

15 favorites in class, and sometimes being dumb struck with math problems.

16 Without probable cause, Krittika was arrested. In fact, P.O. Granshaw demanded that

17 Krittika confess or else he would "handcuff' her and take her to '" "jail with prostitutes

18 and people with HIV." Because Krittika didn't confess, P.O. Granshaw handcuffed her

19 "tightly," so as to be extra painful, which she reported to them and which repeat

20 complaints they ignored. She continued to be interrogated, while handcuffed, and she

21 continued to deny any involvement with the obscene emails ..

22 6. MIRANDA WARNINGS NOT GIVEN AS REQUIRED

23 In violation of settled law, the two Officers did not provide her with warnings

24 constitutionally required by Miranda v. Arizona, and continued to inquire about her

25 computer usage, etc.

26 7. DIPLOMATIC IMMUNITY ASSERTED. AND IGNORED BY POLICE

27 OFFICERS AND NYC DOE

28 While still detained and handcuffed by the male P.O. Granshaw, Krittika asserted her

29 diplomatic immunity and asked that her father or the Indian Consulate General be

30 informed of her arrest and whereabouts. This was ignored by both the two Officers and

31 Dept of Education.

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1 8. VIENNA CONVENTION ON CONSULAR RELATIONS IS IGNORED

2 However, pursuant to Article 36( I )(b) of the Vienna Convention on Consular Relations, I

3 if a foreign national is detained, upon request "the competent authorities of the receiving

4 State shall, without delay, inform the consular post of the sending State" of such

5 detention. Morever, Article 36(1)(b) further requires the detaining authorities to inform

6 the detained foreign national of his or her rights pursuant to Article 36.2

'Article 36 of the Vienna Convention on Consular Relations (1963), provides that

1 (b). With a view to facilitating the exercise of consular functions relating to nationals of the sending State: if he so requests, the competent authorities of the receiving State shall, without delay, inform the consular post of the sending State if, within its consular district, a national of that State is arrested or committed to prison or to custody pending trial or is detained in any other manner. Any communication addressed to the consular post by the person arrested, in prison, custody or detention shall be forwarded by the said authorities without delay. The said authorities shall inform the person concerned without delay of his rights under this subparagraph.

2Article 36 of the Vienna Convention on Consular Relations (1963), entitled "Communication and contact with nationals ofthe sending State" provides that

1. With a view to facilitating the exercise of consular functions

relating to nationals of the sending State:

(a) consular officers shall be free to communicate with nationals of the sending State and to have access to them. Nationals of the sending State shall have the same freedom with respect to communication with and access to consular officers of the sending State;

(b) ifhe so requests, the competent authorities of the receiving State shall, without delay, inform the consular post of the sending State if, within its consular district, a national of that State is arrested or committed to prison or to custody pending trial or is detained in any other manner. Any communication addressed to the consular post by the person arrested, in prison, custody or detention shall be forwarded by the said authorities without delay. The said authorities shall inform the person concerned without delay of his rights under this subparagraph;

(c) consular officers shall have the right to visit a national of the sending State who is in prison, custody or detention, to converse and correspond

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1 I must mention at this juncture the importance of diplomatic immunity. Recently, no less

2 than President Barack Obama asked Pakistan to grant diplomatic immunity to our CIA

3 contractor, Raymond Davis, who had shot 2 Pakistanis there. This was before our brave

4 Navy Seals brought Justice to Bin Laden on May 1,2011, Law Day, and over the recent

5 weekend the aftermath in Pakistan continues.

6 9. FROM HANDCUFFS, DENIAL OF BATHROOM USE, TO 107 PRECINCT TO

7 QUEENS CENTRAL BOOKING

8 Finally, another Officer, aware of Krittika's painful handcuffing and visible marks of

9 bruising and redness released the torturous pressure, while still painful. At 12:30pm, she

10 was taken by the police to 107 Precinct, and placed in a detention cell where she was

11 NOT permitted to use the bathroom facilities despite repeated requests. She remained in

12 the Detention Cell from approximately 1 :OOpm to 3 :30 pm. Being denied the right to

13 urinate was also torture. She was fingerprinted and photographed.

14 Then, she was again handcuffed and transported from the Precinct station house to

15 Queens Central Booking, where she remained confined from approximately 3:45pm to

16 approximately 2:30pm the next day, February 9,2011 when I walked her out to be into

17 the freezing, but free, air to be embraced by her devastated inunediate family and as well

18 as her "Consular Uncles," colleagues of her Vice Consul father.

19 While at Queens Central Booking, she was finally given her Miranda Warnings.

20 However, she was then at approximately 9:00pm on February 8, 2011, she was taken by

21 two persons, believed to be detectives, and video-tape interrogated anew. She again

22 denied any involvement in the obscene emails.

23 10. AN URGENT CALL FROM AMBASSADOR PRABHU DAYAL, INDIA'S

24 CONSUL GENERAL IN NEW YORK. TO INFORM OF INJUSTICE AND

25 PROTOCOL BREACH

26 On February 9, 2011, while on my way to Manhattan Supreme Court for an unrelated

with him and to arrange for his legal representation. They shall also have the right to visit any national of the sending State who is in prison, custody or detention in their district in pursuance of a judgement. Nevertheless, consular officers shall refrain from taking action on behalf of a national who is in prison, custody or detention if he expressly opposes such action.

2. The rights referred to in paragraph 1 of this article shall be

exercised in conformity with the laws and regulations of the receiving State, subject to the proviso, however, that the said laws and regulations must enable full effect to be given to the purposes for which the rights accorded under this article are intended.

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1 case, I was informed of this serious situation by Ambassador Prabhu Dayal, who is well

2 aware of my love for the law and America, and informed me of a Note Verbale that had

3 been issued to the United States Department of State. I was retained "on the fly" by

4 Krittika's dad, Debashish Biswas, in his individual capacity, and arrived at Queens

5 Criminal Court at about 12:00 noon to find many senior Consuls and Krittika's parents

6 waiting to meet her. Within minutes of my arrival, I debriefed Krittika via her Dad's

7 cellphone, and within minutes thereafter, I met with the District Attorney himself, the

8 Honorable Judge Richard A. Brown, who continues to serve New Yorkers in an

9 exemplary fashion, while keeping the public safe. I presented the Note Verbale to DA

10 Brown, as well as asserting Krittika' s "actual innocence."

11 11. A SINGULAR ACT OF LEGAL WISDOM BY DISTRICT ATTORNEY

12 RICHARD A. BROWN SERVES TO LESSEN THE INJURY AND INSULT

13 In an act of singular legal wisdom, DA Brown decided to accept my representations,

14 within the soundest exercise of prosecutorial discretion, and decided to administratively

15 dismiss the criminal charges, without any further indignity being inflicted upon Krittika

16 by being arraigned in court and entering a "not guilty," and further ordered the file

17 "sealed," such that Krittika's arrest was "expunged" and she can legally say that she was

18 never "arrested." While the paperwork was being processed, the DA permitted me access

19 to Krittika, and at approximately 2:30pm, I was able to reunite Krittika with her family.

20 12. FEBRUARY 10, 2011 ARROGANT HOWARD KWAIT AND FRAUDSTER

21 KIM ROSS SUSPEND KRITTIKA AND FILE DISCIPLINARY CHARGES

22 The criminally malicious Kwait and Kim Ross at John Bowne High School, knowing that

23 Krittika had been released and all criminal charges dismissed, despite the fact that the

24 charges NYC DOE had criminally filed were untruths, half-truths, and outright

25 fabrications, continued in their campaign of misconduct, They, in consultation with NYC

26 DOE, suspended Krittika on February 10,2011, filed disciplinary charges, and sent her to

27 a "reform" school where "alleged criminals" go for their constitutionally mandated

28 education. Not where an Honor Student belongs.

29 After preparing a full fledged and overwhelming defense to these charges, including,

30 getting the assistance of an expert forensic software engineer, Gleb Liferenko, from

31 Granville Vermont, and the three (3) Sky View Park Mall at College Point Blvd (where

32 Target and BJ's stores are located) "alibi witnesses," Deboleena Kanjilal,

33 Ravichandran Kalyanasundaram and Bhoop Singh Bishit, we appeared on Friday,

34 March 11, 2011 at the DOE Hearing in Long Island City ready to do battle and expose the

35 defendants' criminally horrific misconduct. Filing a false report is a crime, and NYC

36 DOE's Kwait and Kim Ross had done it twice! There, we were told by Emil T. Micha

37 III, Supervisory Attorney, that due to a death in the family of one of the witnesses/school,

38 the School requested an adjournment. Despite our witnesses' presence, including, expert

39 Liferenko, we expressed our condolences to the family of the unknown deceased, gave

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1 copies of our proof on "the record" to the School's agent, Dean J. Tsopelas, and had

2 Krittika "reinstated" effective Monday. In point of fact, Emil Micha III, a former ADA

3 under the late and heroic District Attorney Bill Murphy of Richmond, was lied to by the

4 School, as we later found out no one had died!

5 While we were at the DOE's Hearing I asked Emil Micha to subpoena both target and Bjs

6 for security video, for Krittika was out shopping on February 6,2011 from about

7 12:25pm till 5: 15pm for Krittika's younger brother's birthday the next day.

8 13. SOFTWARE ENGINEER LIFERENKO: OBSCENE EMAILS SENT VIA

9 "EARTHLINK" IP --- "24.239.172.20." vs BISWAS' FAMILY COMPUTER's IP is

10 from "ROAD RUNNER" IP--- "72.229.54.162."

11 He examined the 3 obscene emails:

12 12/16110 at 9:25pm;

13 2/6/11 at 1 :06pm; and

14 2/6/11 at 5 :34pm.

15 The IP address for these emails is----"24.239.172.20." This belongs to internet service

16 provider "Earthlink Inc."

17 He examined an email from the Biswas computer, located at 43-23 Colden Street, Apt

18 #23J, Flushing, NY 11355 and determined that the IP address is: "72.229.54.162"

19 Critically, on Friday, March 11,2011, we gave the School's Dean a copy of the Forensic

20 Expert's sworn-to report, as well as showed the alibi witnesses' affidavits, including, the

21 store receipts.

22 14. March 15, 2011 - CHARGES DROPPED AGAINST KRITTIKA; REAL

23 CRIMINAL FOUND, BUT NOT CHARGED

24 On March 15,2011 14:07, the arrogant and insulting Howard Kwait sent an email, with

25 an attached letter dropping all charges against Krittika. Yet, neither in the predicate

26 conversation nor in the email did he or DOE admit that they had found the actual criminal

27 who had sent these obscene and criminal emails. They hid that fact.

28 However, Krittika discovered that SHANG MING sent the obscene emails, and indeed,

29 Shang Ming so-admitted to the School and to her. Shang Ming took Cohill for Gym in the

30 Fall of2010 and had Kim Ross for BC Calculus in early 2011, but was asked to leave as

31 he failed his Trigonometry Regents. On March 15,2011 Krittika Biswas (KB) had the

32 following conversation with Shang Ming (SM) while in John Bowne School:

33 KB: What are you doing here (main guidance counselor's office)?

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1 SM: I'm going to get suspended.

2 KB: For what?

3 SM: You don't want to know.

4 KB: Yes, I do. What did you do?

5 SM: I sent horrible em ails to Ms. Kim Ross. They caught me right now, and I

6 admitted that I did it.

7 KB: That was you???!!! Do you know I got arrested and suspended for it???!! I got

8 arrested and suspended for something you did! Do you know they arrested me

9 from school??!! Do you know Kim Ross' daughter is 7 yrs old? Who writes stuff

10 like that about a seven year old!? What's wrong with you?!

11 SM: I know they caught you, and I'm really Sorry. But I was really mad at her, so I sent

12 her the e-mails, I worked really hard, but she still kicked me out of her class. I

13 regret it now.

14 KB: You regret it now?! You sent THREE e-mails! So you are telling me all three

15 times you sent it and you regretted sending it?! and if you knew they were

16 suspecting me, why did you do it again? And why did you send it to Mr. Cohill

17 (the Gym teacher)?"

18 SM: I don't know, I just copied and pasted it, but I don't really hate him.

19 KB: I know you copied and pasted it, I was charged with writing them! So, of course I

20 read them! Do you not understand what I'm saying?! They thought I wrote the e-

21 mails! I had to spend a whole night at Central Booking because of you! !!!

22 SM: I'm Sorry.

23 KB: I swear to God, I feel like smacking your stupid head off

24 Krittika, having been illegally charged, arrested, handcuffed, jailed, suspended,

25 questioned, intimidated, depressed, her education damaged, and with a home and soul

26 tom apart, then walked away to live out this experience for the rest of her life and her

27 family. After all, she had lived with some wondering and others convinced that she was

28 so evil to be so obscene.

29 15. CONCLUSION: NEED FOR HONOR AND A SOULFUL OINTMENT

30 A beautiful American morning that Krittika had wanted to taste, everyday, by coming to

31 New York had become a nightmare. On May 6,2011 the Notice of Claim was filed.

32 Now, we hope to see if our leaders will act with honor, and do everything

33 possible to not only compensate Krittika promptly, but lessen the hurt with

34 some tender loving care by perhaps, Mayor Bloomberg giving a Key to the

35 City to Krittika Biswas as a token of heartfelt sorrow for the unbecoming

36 pain inflicted upon her and as a "tip of the hat" to the warm relationship

37 between these United States and India in particular, and all diplomats in

38 general.

39 lsi

40 Ravi Batra (cell) 914-882-6382 (\B.782\052411 StatementtothePress@CityHaU)

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