These People Should Be Fired

Joan Cusack, Jacqueline Mattina and Mary Haviland are on the NYS Crime Victims Board.

All three of these women lied about the evidence in denying my claim for compensation.

There are four witnesses to stalking in my case -- witnesses are evidence of stalking.

Two of these witnesses even submitted sworn affidavits about what they know and saw.

When Joan Cusack, Jacqueline Mattina and Mary Haviland lie about there being no evidence, they are totally aware that there is no one else who was there who is saying the witnesses are wrong.

These three women are liars or lunatics. And it is so easy for me to prove.

They should all be fired.

Liars and Lunatics at the CVB

I got a decision on my appeal to the CVB -- and it shows the lunacy at the Board level of the CVB. I think the Board should go to jail for violating its fiduciary responsibilities to the people of NY.

Again, they are lying and saying there is no evidence.

Dozens of times, I told the Board about witnesses. Dozens. I was ignored. The witnesses contacted the CVB -- and were ignored. The witnesses were available for phone calls -- and were ignored. The witnesses wrote letters -- and were ignored. The witnesses signed sworn affidavits -- and were ignored. At my "hearing", I provided all of this evidence. And the lunatic board said there is no evidence.

This is the same lunatic board that excluded me from my own hearing.

Witnesses are evidence of crime. I am damn lucky as a victim of stalking that victims came forward and remembered details.

But the CVB is knowingly and intentionally, deliberately and willfully, ignoring the witnesses, and lying and saying there is no evidence.

I will do EVERYTHING in my power to make sure this agency is investigated top to bottom, inside and out. I will tell this story over and over, and provide all the information to the media and the legislature and the courts.

I would appreciate hearing from any of you what is the best way to make this public in NY, to make sure no other crime victims have to deal with this lunacy.

If anyone in the media or the state legislature stumbles across this blog, I am quite willing to talk to you. You can reach me at the e-mail address in my profile.

Let's get rid of the lunatics and make this Board really work for crime victims.

Corruption at the CVB

The NYS Crime Victims Board is biased against crime victims, literally lying about evidence and willfully denying claims despite evidence. I documented it three times, and will probably soon have a fourth example.

1. When I filed my first claim application, I told the claims unit there are witnesses and police had not interviewed them. My claim was denied, on the false basis there was no evidence. Witnesses are evidence.

2. When I appealed the denial of my first claim application, witnesses wrote to the CVB but they were ignored. The CVB continued to falsely say there is no evidence. No one contacted the witnesses who had contacted the board.

3. When I filed my second claim application after the crimes continued, I again told the CVB there were witnesses and provided a letter and sworn affidavit from a police sergeant. The CVB AGAIN broke NY law and denied the claim, again willfully lying and saying there is no evidence.

4. When I appealed the denial of my second claim, I was excluded from my own appeal hearing, in violation of CVB regulations. I complained to the board chair, Ms. Stanford, who deliberately ignored the issues and problems and lied and said I had a hearing. Witnesses signed sworn affidavits about the crimes they witnessed. The CVB has not contacted them. There is no decision yet.

I have seen extraordinary corruption at the CVB. They choose an outcome they want, and ignore all the evidence to the contrary. The agency exists to pay salaries and benefits of its employees. I see no other way to explain the very predictable way this agency fails to follow NY laws.

It's Abuse

Two nights ago it dawned on me how to describe my 1,014 days of experience with the NYS Crime Victims Board:

Abuse.

I've been lied to, I've been strung along, I've dealt with ridiculously long delays, I've seen astonishing ignorance of the laws on compensation, I've experienced this state agency violating my basic legal rights under their regulations, and I've kept track as they ignored witnesses to crimes and then lied and said there was no crime, so no compensation.

It changes your life. It's worse than dealing with criminals and law enforcement. The Crime Victims Board is supposed to be there for crime victims, and it's one big fat lie. But they keep stringing you along, and you go along, because there are crimes and witnesses and evidence of crime, and of course they know that. Two years ago, the witnesses wrote to the CVB about the crimes -- and the CVB totally ignored them, then lied and said no crime. Since the stalking crimes continued, I could file a new application. This time, I had all my ducks in order, and kept every single record, and made sure I could tell the story of how they screwed up.

On Tuesday, the day after the CVB denied me my basic legal right to ask questions at my own appeal hearing, told me to stay out of my own appeal hearing....... I had a sudden realization that this is abuse. Abusers lie and abuse power and manipulate and try to control every single thing. It's systemic with the CVB. They do whatever they want to do, violating personal rights and the law, just like abusers do.

A thousand days of abuse.

It Keeps Getting Worse

The NYS Crime Victims Board really fucked up my application for compensation, so I asked for reconsideration last July 2009. Then I was strung along for six months, providing the info I was asked for, but not hearing anything from CVB Chairwoman Tina Stanford. Then, on December 18, 2009, she offered to meet to resolve it. Then she very abruptly sent a letter that I got on Christmas Eve saying she could not reconsider her decision. No meeting was ever held.

Then in February 2010, there was a conference call, which was led by Stanford's lawyer. I learned a great deal more about CVB dysfunction. Nothing came of that.

So, I had an appeal hearing on Monday, March 22, 2010 -- supposedly. Actually, I went for my appeal hearing, and then I was excluded from my appeal hearing. They told me to sit in an office at the far end of the hallway, and I could not see who was being brought into the hearing -- my hearing, where I have the legal right to ask questions and hear what is said.

Once again, the NYS Crime Victims Board flagrantly breaks the law.

When I got a chance to go into the hearing room for my hearing, it was just for me to speak (no opportunity to question anyone else, ie. the cops). And it was all done on video. See, in Albany, you talk to a television. In the other CVB offices, your hearing is with real live board members at the hearing. There isn't anything in the CVB regulations that permits this unequal treatment of crime victims.

And this is what's hard about the video: there is a delay. You keep feeling like the board member who asked you a question won't let you start speaking, and won't let you finish your thought. You can't make out their faces.

And then it was all over. I was told I was done, time to move on, more people to hear from.... and I was told to leave.

Again, this is MY hearing, my APPEAL hearing, and I have a right to make my case, and question witnesses and hear what they say. It's a basic fundamental right.

As soon as I arrived for my hearing, I knew things were not being done right, so I asked to speak to a CVB lawyer. I was told to wait. It was never addressed. No CVB lawyer, no one addressed it.

So, after the hearing, I called Ms. Stanford and complained. Her secretary said to write a letter, so within an hour I was back at the CVB office delivering a letter.

This was more than 48 hours ago, and I have not heard from Ms. Stanford.

I can really hardly believe this awful dreadful experience, like it's all a bad dream I can't wake up from. I wonder how many crime victims in New York are being screwed like this.

Fiduciary Duty to Tell Lies

At the recent conference call that I mentioned, the general counsel of the NYS Crime Victims Board said they have a "fiduciary duty to NY".

He has a fiduciary duty to tell lies, from what I heard on the telephone.

If we had this....
If we only knew this then....
If we had that... earlier....

All of it happened, you had what you needed, you knew it already, and it happened, but you folks like lying better.

I am grateful that an investigator told me to document everything. It seems that keeping records is the only thing I can do.

The Crime Victims Board has big problems seeing reality and reading the law. It is so totally dysfunctional.

Pressuring Domestic Violence Victims to Drop Charges

The NY State Police has been accused of trying to interfere in a domestic violence case brought against an aide to Gov. Paterson. The domestic violence happened in NYC, and the NYPD has jurisdiction, not the NYSP. But the governor's aide asked the NYSP to help him out and call the woman who made the allegations.

In the past few weeks, this story has taken many turns. The commissioner of the NYS Division of Criminal Justice Services, Denise O'Donnell resigned, saying she was misled by the head of the NYSP, Harry Corbitt, about its involvement in this case.

Now the Attorney General Andrew Cuomo is investigating. The New York Times is reporting today that Gov. Paterson had asked two state workers to also call the woman. When the domestic violence victim was in court, she complained about being harassed by the NYSP.

This whole story is outrageous. More to come.

Tina Stanford is Ignoring Problems with the CVB

I wrote to Ms. Stanford, chair of the Crime Victims Board, because the problems were revealed to be much WORSE after the conference call. It's her job as director of the agency to address them. This letter is long, but it lays out the many problems.



February 27, 2010

Ms. Tina Stanford
NYS Crime Victims Board
1 Columbia Circle, Ste. 200
Albany, NY 12203

Re: Claim no. xxxxxxx

Dear Ms. Stanford:

I am writing in regard to the above claim and the many false statements your agency continues to make. This has been a regular occurrence, and it should be addressed.

In September 2008, I asked you and your general counsel, John Watson, what I should do with information that had just been given to me by a sergeant in the Albany police. He told me as patrol supervisor he had canvassed my neighborhood and found there are witnesses to stalking. He was surprised that I did not know that, and he explained that's why he believed me. So, I asked you how to bring this to your attention, since your office had frankly lied and said there was no evidence in my first application even after other witnesses contacted the CVB. But you and Mr. Watson both ignored the many attempts I made to ask you how I should bring this information to your attention. (I saved all these records.)

The sergeant agreed to write a letter and sign a sworn affidavit after I told him you and Mr. Watson ignored me when I asked how to handle his information. Your agency received both of these documents in January 2009. I called the sergeant and asked if anyone contacted him and he said no. I advised him to be very careful to remember what he said to the CVB, because the CVB is reckless with facts later. After the CVB finally called him, he stopped by my house and told me what he talked to Ms. Earing about. He said they talked about the letter, and he explained he does not have access to letterhead. He also stressed to her there are four witnesses to the stalking who substantiate it, and that he finds me credible.

After you denied my claim in July 2009, you and I met to discuss it, and you offered to reconsider your decision. I showed you the sworn affidavit, that your agency had had since January. You said you had not seen it before and thanked me for it. After reviewing the affidavit, you said it states the crimes are substantiated, but you wanted the witnesses names. You asked me to get a supplemental police report naming the witnesses, and stating that the case is closed, because the first police report said it was an investigation pending (which is what all APD reports say if there is no immediate arrest).

I also told you about the tremendous problems that resulted from the CVB calling the sergeant's command staff, which took him off the case. You acknowledged the problems your agency caused and said that was a mistake. I also told you that the sergeant was taken off the case and told to have no contact with the case, and you acknowledged that.

I obtained the supplemental report you requested and gave it to you, along with another earlier report I obtained. But for months, you ignored me, even though you had asked me to stay in contact about new purchases, so you could provide feedback. You never did.

Finally, on December 18, 2009, you offered to meet again, to work out a "reasonable" agreement. I reminded you the statute does not limit compensation, and all the security devices were recommended by law enforcement over four years.

Five days later, you blinded me by sending a letter saying you were not able to obtain all the information you needed, so you could not reconsider the claim. This was boldly incorrect. In July, you acknowledged that the sworn affidavit said the stalking was substantiated. You only needed witnesses names, so I obtained a supplemental police report with that information. You knew and acknowledged that the sergeant was no longer available after the CVB's contact with command staff.

At our conference call on February 19, 2010, I was shocked to find that your agency had contacted APD command staff again -- even after you admitted the earlier contact was a mistake in July 2009. And this time you dealt with the commander who was the senior officer at the protest where I am a witness to false arrest.

I also learned that Karen Earing did not honestly report the facts of her call with the sergeant -- which I had predicted when I urged him to take note of what they talked about. At the conference call, she sad they only talked about the letter and lack of letterhead. She failed to note he had stressed there are four witnesses who substantiate the stalking, and he finds me credible.

And I learned that your counsel sought to obscure the fact that he had a copy of the sergeant's sworn affidavit in January 2009, and you suggested it would have mattered if you had seen it earlier.... but your general counsel already had it (and I can prove it).

Needless to say, all along the way, I tried to provide everything I could think of to help you understand this claim based on stalking, and I kept records as your agency made up reasons to reject all of the proof.

I asked you how to file a complaint about the false statements your agency has made, and the outrageous behavior in continuing to contact command staff even after you said it was a mistake. You can reach me at xxx-xxx-xxxx. You are welcome to see all of my records and documents.
Sincerely,

Kate

c: Hon. Jack McEneny

A Conference Call is Being Set Up by Stanford

CVB Chairwoman Tina Stanford is arranging a conference call to discuss the case I've mentioned.

This is a good development, but it's not wise to expect anything different.

CVB Chairwoman Tina Stanford is Disrespecting the NYS Legislature

Assemblyman Ken Zebrowski told me today that there has been no response at all from Tina Stanford, the chairwoman of the NYS Crime Victims Board. He wrote to Ms. Stanford more than a month ago about serious problems his constituents reported with the CVB.

Stanford has been silent.

This is interesting, since Jack McEneny will be making contact too.

Several crime victims and I have discovered and documented multiple instances where the NYS Crime Victims Board fails to follow the law. They just do what they want to do.

Direct Services for Stalking Victims

New York is one of the states with a law that says stalking victims are compensated for security devices, counseling and other direct services. As Alexis Moore, an expert in stalking services, noted recently, many states and most organizations fail to offer direct services to victims of stalking. They limit their work to "awareness".

I have documented this ordeal in accessing the services New York that state law says crime victims are entitled to.

Many crime victims in New York are making efforts to bring these problems to the attention of lawmakers. Ken Zebrowski and Jack McEneny have been responsive and concerned.

It seems our work is never done. In many states, there are no direct services available for stalking victims, while in NY, the Crime Victims Board is failing to follow the laws on the books.

A Hearing with the NYS Crime Victims Board

The regulations of the CVB say that if your claim is denied, you are entitled to a hearing with three board members. (You can also ask the board member who decided your case to reconsider, which I talked about a bit already.) There are five board members, and three of the other four are selected to hear and decide your appeal after the initial claim was denied.

Here's the thing about the hearing, if you do not live in New York City.

There is no board member in the room at your hearing in Albany. NONE of the three board members who hear your case are in the room interacting with you and your witnesses.

If you are a NY state resident who does not live in NYC, you talk to a video screen to one board member in NYC. And then two other board members look at the video later, and never interact with you or the witnesses.

I asked Maria Phelps about her hearing in NYC. There were board members in the hearing. I learned from the CVB lawyer that if your case is in Albany, you just get the video "hearing", and with one board member.

That's not what the CVB regulations say.

But of course, the New York State Crime Victims Board makes it up and does what they want to do, and say that is okay. Who cares about laws?

UPDATE: I told Assemblyman Ken Zebrowski about this problem today, and I will monitor his response.

Steps to Take

We're very fortunate and blessed here in NY, because crime victims and partners who work with us from around the US have learned how to make things better. A key thing to remember, say crime victims who have been through really bad processes, is give people steps they can take. Work on the solutions you seek, and be clear about what would help.

Here's some of what I am thinking.

1. Find a way to take money out of it, so the CVB stops lying and looking for ways to eliminate helping crime victims to save money.

Where does their funding come from? Federal and state dollars, with federal surcharges on criminal defendants being a big part of it. How about taking the previous year's compensation total, and figuring out a new surcharge on criminal defendants this year, using the previous year's numbers? So every year, adjust that surcharge number, for last year's expenses to help crime victims.

Make sure it's not smoke and mirrors, like with the state or feds collecting the money and finding it irresistible to spend it on something else. (I bet that happens.)

2. Put the CVB regulations and the relevant Executive Law in a more accessible place. When it's not accessible, even CVB staff do not know what the law says and end up hurting a lot of people with their ignorance.

3. At least four times a year, the CVB should send out an S.O.S. to advocates, crime victims centers, DAs, police officers, and chiefs, and give very important reminders. Like, remind people the CVB covers the cost of security devices and other services for stalking and many other crimes. There are likely lots of other things the CVB forgets about, so they have to do a better job taking charge and getting the word out to people who need to know.

4. Recognize that there are different types of crimes. One-time crimes (e.g. assault) are different than persistent, periodic crimes targeting victims (e.g. harassment and stalking). Intimate crimes, like domestic violence, are different than stranger or random crimes. The NYS Crime Victims Board does not understand these differences in crimes and the need for different approaches.

I'll be back with more and I want to hear what other people already figured out!!

Stalking Victims are Shafted All Over the United States

Alexis Moore is a well respected leader in the national efforts to improve direct services and assistance to stalking and domestic violence victims. In a recent blog post, she points out that this is stalking awareness month, but "awareness" is woefully inadequate, especially at a time when society already knows that stalking is a serious crime that often leads to violence. Direct assistance to stalking victims is greatly needed all over the United States. (Click on her blog in the column on the right to read her whole well-written post.)

What's bitterly ironic in New York is the legislature already decided awhile ago that stalking victims should be compensated for security devices and other direct services. No doubt many New Yorkers died from escalated violence before this law was enacted. The legislature took steps to make sure protection and advocacy was provided because history already proved it was necessary.

Section 631 of the Executive Law says stalking victims are compensated for security devices and other direct services.

The Chairwoman of the New York State Crime Victims Board did not know this. She also told me they don't get many applications for security devices.


So here's the reality:

Too many activists, like the National Stalking Center, think "awareness" is enough, and don't provide or advocate for direct services to help stalking victims.

In many states, victims of stalking are not considered eligible for compensation for services.

In New York, however, stalking victims are eligible for security devices and other direct services, but the chairwoman of the NYS Crime Victims Board does not know or follow the law.

So, this is national stalking awareness month. In New York, let's start following New York state law and provide services to stalking victims and GET THE WORD OUT that services are available.

Lemons into Lemonade

I am amazed by two things: the incompetency of the NYS Crime Victims Board and the extraordinary dedication of crime victims to making victim compensation programs better.

Here are some key realities:

1. Victim compensation programs around the United States are poorly run, infused with local politics, and deny victims the compensation they are guaranteed under both federal and state laws.

2. Victim assistance centers and shelters will not complain about the state compensation agencies, because these state agencies provide or funnel their state and federal funding.

3. There probably are enough grounds to file a national class action lawsuit under the federal statute, to force improvement in state compensation programs.

4. Here in New York, there are people like Assemblyman Ken Zebrowski who hear about problems and take steps to see them addressed. He told me yesterday that CVB Chairwoman Tina Stanford has not responded to a letter he sent after constituents told him about problems with the CVB.

5. Here in New York, the CVB does not even know the laws enacted by the state legislature. The chairwoman just shoots from the hip, then puts hurdles in your way when you tell her about mistakes.

6. Here in New York, the CVB does an extremely poor job making New Yorkers aware of their rights under federal and state law after they are victims of crime. I bet this is a national problem.

7. All around the country, there are people who care enough and are passionate enough to take action to make major changes and dramatic improvements.

Whose Money Is It?

The New York state legislature creates the laws that the Crime Victims Board must follow. For stalking victims, the state legislature says security devices are covered. There aren't any restrictions or caps. Security devices. Easy, right? No brainer, right? Security devices are covered. The law is clear.

I don't think the NYS Crime Victims Board knows the law. The CVB just does what the CVB wants to do. And gosh, it is totally weird to experience.

CVB Chairwoman Tina Stanford wrote and wanted to work out a "reasonable" solution.

Since she has a lot of work and other cases, I wrote back and reminded her about the law and facts.

On December 23, 2009, CVB Chairwoman Stanford wrote again, retracted things she said, and said there would be no meeting.

I think it's a problem with money.

Stanford comes from a prosecutor background and thinks solutions mean cutting a deal.

But the law says crime victims are compensated for purchasing security devices. Period. Nothing in the law says crime victims have to give the CVB a good deal, and take less.

I've been a prosecutor, but my experience with NYS comes from more than 10 years being an attorney for children in Family Court. Attorneys for children are compensated by the state of New York. There are laws and regulations. NO ONE tries to cut the state a deal. NO ONE pretends the law says you have to take less. NO ONE tries to shaft you to save money.

The state legislature says stalking victims are to be reimbursed for stalking devices, period.

I don't know what's going on with the CVB, and somebody should investigate it.