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v CITY OF NEW YORK

BLA # 12

2 A. Let's see, I'm going to assert the

3 pertinency issue again.

4 Q. Okay. How about any claims against

5 anyone else in the world, have you brought any

6 other lawsuits?

7 A. Pertinency, totally unrelated.

8 Q. Okay.

9 A. I mean, I think courts have regarding

10 your question --

11 Q. Sir, you can argue any way you want, the

12 City is going to -- I'm not here to argue with

13 you today, I'm just asking questions.

14 A. It's dilatory and vexatious.

15 Q. Absolutely, sir, whatever you decide.

16 The incident that we are here to talk

17 about today happened on July 25, 2017; is that

18 accurate?

19 A. Correct.

20 Q. Sir, what time did that incident occur?

21 A. I'm going to stick to whatever

22 information that's been previously submitted.

23 It was during the mayor's press conference

24 inside of the subway station that was covered

25 by journalists, so I'm sure that the mayor's

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2 standing on the subway platform separated by

3 the mayor with a, what do you call it, like a

4 metal gate or a fence or whatever. And I had a

5 member of the NYPD standing in front of me,

6 again, interfering with my first amendment

7 rights.

8 Q. Sure. I'm going to go back and revisit

9 one of the questions that you've already told

10 me is not pertinent. In terms of the law that

11 you're citing to me now, are you a lawyer?

12 A. Don't need be.

13 Q. I didn't ask you if you needed to be, I

14 asked you are you a lawyer?

15 A. No, better.

16 Q. Let me show you -- so that we can maybe

17 make this easier for everyone involved -- what

18 I've marked as Respondent's Exhibit A for

19 identification of today's date. If you would

20 take a look at that document and it's a five

21 page document, take as much time as you need to

22 look at it, and when you're finished looking at

23 it please look up and I'll ask you a question.

24 Okay?

25 A. Okay.

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2 Q. Sir, do you recognize Respondent's

3 Exhibit A for identification and today's date?

4 A. Yeah.

5 Q. What do you recognize that to be?

6 A. Truthful statements that I made in, I

7 guess, filing this c omplaint. And I also

8 recognize the mayor's head of sec urity who is a

9 defendant in the civil rights lawsuit of

10 Sherrard versus City of New York. That's an

11 active federal lawsuit across the street from

12 City Hall. The basis for that lawsuit is that

13 apparently he kept someone in jail or had

14 someone in jail for 19 hours without a legal

15 basis to do so.

16 I also recognize a bunc h of journalists.

17 I see John Goodman from the New York Times, I

18 see Jillian Jorgensen from Daily News, I see

19 the mayor. I see some member of the NYPD who I

20 consider to be an A-hole violating my first

21 amendment rights as I stood on the platform.

22 And at that time I was telling them that, yeah,

23 I was looking to exercise my first amendment

24 rights and they had no regard for that fact.

25 On this page, page three, I see Howard Redmond,

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2 in the press area?

3 A. Not to my knowledge.

4 Q. Okay.

5 A. In fact, I believe the video that I

6 recorded captures me making that statement to

7 Captain Taylor to make it very clear to him I

8 was outside of the press area.

9 Q. Okay. And that video we're talking

10 about is the one that was listed on page three

11 of this document?

12 A. Yes.

13 Q. And that's Respondent's A for

14 identification. Now, I asked about the

15 Civilian Complaint Review Board, have you ever

16 approached the district attorney's office about

17 this particular officer?

18 A. I -- generally speaking yes, I was at

19 the New York City Association recently where

20 the Manhattan DA was present as well as

21 Lawrence Byrne from legal of the NYPD. I told

22 them -- I told what's his name, Mr. Vance in

23 particular that I was being illegally excluded

24 from public meetings and I asked if he could

25 intervene to stop that practice. His answer to

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2 me at the time was that because he's not a

3 federal prosecutor, no, he won't intervene.

4 Q. Okay.

5 A. And with regards to Mr. Byrne at that

6 event I asked a similar question to him, he

7 told me that no, he's not going to do anything,

8 instead I have to file complaints. I also had

9 a conversation with, what's his name, Anthony

10 Shore recently, I think he's the first deputy

11 mayor, that was at the New York Law School in

12 the last, I think, two weeks on a Friday.

13 Again, told him the same thing, I've been


14 excluded from public meetings despite being a

15 whistleblower. His answer to me was that he

16 couldn't comment on the case. I told him that

17 the mayor's head of security, Mr. Redmond, is a

18 defendant in the civil rights lawsuit. Again,

19 told me he couldn't comment. He falsely

20 claimed at that event at that time that the

21 mayor's offices tries to be as open and as

22 transparent as possible.

23 But just last night before coming here

24 today I tried attending the mayor's public Town

25 Hall meeting in Brooklyn. Guess what, again I

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2 was illegally excluded from that public

3 meeting. So you -- whatever course I take,

4 even if I try reaching out to the Manhattan DA,

5 your question was about, and this was before

6 this news about the Trump or, you know, what's

7 been in the papers and him not investigating or

8 dropping the investigation, yeah, before that

9 news broke. I was sitting -- standing in front

10 of the Manhattan DA asking him to uphold the

11 oath he took when he became the Manhattan DA to

12 enforce laws of the City of New York including

13 civil rights laws.

14 Q. So let's just get this clear on the

15 record. You spoke to Cyrus Vance, the

16 A. The Manhattan DA.

17 Q. Manhattan DA. Mr. Byrne is it Byrne?

18 A. I think B-Y-R-N-E.

19 Q. And he's

20 A. He works in legal at the NYPD. I also

21 filed a complaint with the US attorney's office

22 for the Southern District. I got a letter

23 back, I forgot the date of it, but essentially

24 they said they're not going to intervene. They

25 didn't say that I didn't have a meritorious

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2 New York Law School about getting legal

3 assistance. He's made false statements while

4 testifying at city council meetings. So my

5 point is, if I'm just holding him accountable

6 for making false statements, that's not

7 harassment. It's here's the statement you made

8 and here is how it's proven not to be true.

9 Q. So let's unpack this is a little bit.

10 What was the issue that required you to have

11 legal assistance from HRA that he's either

12 denied or said he was going to give to you and

13 then didn't provide to you?

14 A. There are a variety of things. The

15 first time I met Mr. Banks I made the request

16 to him face to face was on March 1st of last

17 year at the Yal e club right by Grand Central.

18 At that event I gave him mul tipl e, maybe six

19 copies of court transcripts as part of my

20 request to get legal assistance to essentially

21 not waste his time and show to be able to prove

22 that I was deserving of, you know, to get legal

23 assistance through his agency and the Office of

24 Injustice in particular. I actually testified

25 recently about that before Rory Lancman, the

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2 councilman, so -- but back to your question,

3 you were asking like what issues do you need

4 legal assistance for.

5 Q. I didn't ask you that question, I asked

6 you what were the issues that you asked him to

7 provide you with some help in getting legal

8 assistance?

9 A. Wage theft involving a company that HRA

10 is doing business with and is also the same

11 company that stole my pay five years ago.

12 Q. That's NTT, is that --

13 A. Yeah.

14 Q. NTT Data. Is that case still pending?

15 A. It is. There is multiple sets of

16 litigation against it.

17 Q. That you've commenced?

18 A. That I and others have commenced.

19 Q. Okay.

20 A. It has reached settlement agreements

21 with other people, however it also offered me a

22 settlement agreement way back when, but it

23 wasn't sufficient so we're still in litigation.

24 Q. Okay. And

25 A. But that's not here nor there, I mean,

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2 take the mayor's photograph in Newark Airport

3 where apparently -- because the NYPD, New York

4 City Police Department, has no jurisdiction in

5 Newark Airport because that's in New Jersey.

6 Q. Okay.

7 A. So if this journalist before I had any

8 encounter with Mr. Redmond had an encounter

9 with Mr. Redmond such that Mr. Redmond actually

10 lied to this reporter, he claimed he was Port

11 Authority police officer. Mr. Redmond has

12 never been a Port Authority police officer. He

13 filed a complaint with CCRB. I've done the

14 research, the CCRB essentially found that

15 members of the NYPD can lie in the -- while

16 conducting their official duty. Problem is, Mr.

17 Byrne, Lawrence Byrne of legal that I talked

18 about earlier.

19 Q. Right.

20 A. He said at that meeting at the New York

21 City Bar Association recently that actually

22 police officers cannot lie and when they do so

23 that's grounds for automatic dismissal.

24 Q. Mr. Tempey, what news organization is he

25 with?

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2 A. He changed news organizations.

3 Q. Do you know currently?

4 A. I think it's like Brick Underground.

5 His last name is T-E-M-P-E-Y, he used to be

6 with this news organization called Gothamist or

7 DNA Info.

8 Q. Okay.

9 A. In that same social media discussion

10 other people that were involved were Chayes

11 Matthew, he's shown in that photograph I showed

12 you from July 25th.

13 Q. Okay.

14 A. I can point him out for you.

15 Q. All right. I'm assuming just looking at

16 page two there just before you get to that

17 person, that large arrow, that's pointing to

18 you?

19 A. Yeah.

20 Q. Okay.

21 A. So this is Chayes Matthew right here.

22 He's like crouched down.

23 Q. So you just see his head above the

24 mayor's table there, right?

25 A. Yeah. That's him. And in regards to

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2 that New York Law School discussion that I was

3 talking about.

4 Q. Right.

5 A. With regards to Mr. Shorris, Jillian

6 Jorgensen is -- where is she here, here she is.

7 Q. She's the woman who is kneeling down and

8 has her left hand up with a microphone up by

9 the mayor?

10 A. Yeah. So she, Mr. Chayes, Ben Max from

11 Gotham Gazette, they were all at that New York

12 Law School event where I asked Mr. Shorris

13 these questions. And that meeting was recorded

14 on video too.

15 Q. The incident on July 25, 2017, did any

16 police officers physically touch you?

17 A. Sure. Mr. Redmond on the platform of

18 the subway station where that photo we were

19 just looking at was, and also I think there was

20 another transit cop who was escorting me and

21 put his hands on me during that, what do you

22 call it, unlawful, what do you call it, process

23 of being escorted out of the subway station in

24 violation of my first amendment rights.

25 Q. And when they touched you, did they harm

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2 of the New York Post was present and some other

3 reporters, Grace Rauh from New York 1 was in

4 that park at the time. And so the reason why I

5 find that to be pertinent is that he told me

6 the mayor told me at that event he was goi ng to

7 look in to the matter wi th regards to

8 i nformation I provided to him. So if that

9 event proceeded this July 25th encounter, and

10 one of the reasons why I was at that press

11 conference on July 25th is he made that remark

12 to me earlier in July that he was going to look

13 into thi s matter. We had that public resource

14 fai r i n Kew Gardens before that July 25th

15 event, the press conference. I hadn't received

16 any update whatsoever, so one of the reasons

17 why I was at that July 25th event was to try

18 get a status update about what conclusion did

19 he reach or, you know.

20 Q. Sure.

21 A. I mean, if he said he was going to

22 follow-up, I mean, if he said he was going to

23 look into the matter, then I was simply holding

24 him to his word, trying to get a status update.

25 Q. Sure. Have you ever spoke to the mayor

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2 like when he makes a radio appearances like on

3 NPR, anything like that?

4 A. I think I tried to but instead my call

s was cut off by the members of the radio team or

6 whatever.

7 Q. So you never actually got on air?

8 A. I called in but they didn't give me the

9 opportunity to get my point across or get my

10 question across.

11 Q. Did you ever reach out -- it seems like

12 you know, at least know who they are, members

13 of the media. Have any of them expressed an

14 interest in trying to forward your issues?

15 A. Fraudulently. So Mr. Gartland of the

16 New York Post told me that he filed a story for

17 an article to appear in the New York Post about

18 police misconduct, so did Graham Rayman of the

19 New York Daily News. Mr. Rayman told me he

20 got the green light from the editor, we took

21 photos in front of police headquarters. But

22 again, in both cases, never appeared. And also

23 Mr. Gartland happened to be in the Bronx

24 Supreme Court on May 23rd when I was being

25 illegally subjected to viewpoint

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2 discrimination. I have the video footage from

3 the security cameras that are controlled by the

4 New York State Office of Court Administration

5 for that courthouse. It confirms that there

6 was a court officer, Captain Manzi of the,

7 like, court officer team, he's shown illegally

8 seizing a bag of legal documents from me and

9 there was another

10 Q. But that's not on July 25th?

11 A. No. It's about an earlier incident.

12 Q. Right.

13 A. But your question was about reporters.

14 Q. Yeah. Absolutely.

15 A. So I've had interactions with other

16 reporters but they haven't delivered on, you

17 know, what they stated.

18 Q. Has -- on the July 25, 2017, incident,

19 did any members of the mayor's staff or the

20 police detail threaten you in any way?

21 A. Yeah. Mr. Redmond threatened to have me

22 arrested if I didn't leave the subway station

23 when I was on the platform. And there was no

24 basis for the arrest if I was exercising my

25 first amendment rights in accordance with the

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2 That same roommate that I'm talking

3 about, he tried to assault me in the presence

4 of a security worker for Urban Pathways in the

5 living room of my apartment on May 12th of last

6 y ear. He was phy sically restrained by that

7 security worker on that date which is the only

8 reason I wasn't assaulted. After that

9 attempted assault, that same security worker

10 wrote a entry in a security logbook for the

11 apartment building where I reside at. I have a

12 copy of that page from the security logbook for

13 that entry. Then when the security worker

14 wasn't present on July 2nd of last year, yeah,

15 I got more than 15 punches to my left temple by

16 my former roommate. As a result of those 15

17 punches I sustained -- I was diagnosed with a

18 concussion on July 30th.

19 So the point is, I reported to HRA on

20 March 16th of last year that they did the bait

21 and switch. I then sent an e-mail to Barbara

22 Beirne of HRA on April 1st, again, expressing

23 the same thing. HRA never took any appropriate

24 corrective action in violation of state law.

25 So I had also had a job interview on

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