Blacks in Law Enforcement of America

A National Organization of Black Law Enforcement Professionals

New York Office

455 Tarrytown Rd. #1318
White Plains, New York 10607

Accepting Our Responsibility to Rebuild Our Community

February 18, 2019

Letitia James
NYS Attorney General
Office of the Attorney General
The Capitol
Albany, NY 12224-0341

To Whom It May Concern:

Blacks in Law Enforcement of America is a national organization of Black Law

Enforcement professionals. As civil service officers, it is our duty to uphold the laws of
our local, state, and federal governments.

Please see the attached letter to the Hon. Judge Joan B. Lefkowitz and the Hon. Judge
Kathie Davidson, 9th District Administrative Judge in reference to the affidavit of former
Mount Vernon Deputy Police Commissioner, Joseph Spiezio submitted to the court on
09/17/2018 for Lawrence A Porcari et al - v. - Marcus A. Griffith et al, index number
50259/2017.

On information and belief, Mr. Spiezio committed perjury by making false and
misleading statements in his affidavit to the court. We believe that Mr. Spiezio violated
New York Penal Code Article 210. The act of swearing falsely (or "perjury") occurs
when a person makes a false statement which he or she does not believe to be true
while either giving testimony or under oath in a subscribed written instrument (such as
an affidavit or deposition).

For the last three years, Mr. Spiezio has made a mockery of the Westchester courts,
law enforcement and its justice system. It shocks the conscious how one man can
create so much chaos through law enforcement, the courts and our justice system and
not be held accountable.

Perjury must be taken very seriously by the courts. Trust and credibility are paramount
to a fair and functioning legal system in Westchester County.

We are requesting a full investigation from the Westchester County District Attorney's
Office. If the Westchester District Attorney is unwilling or uncapable to investigate this
issue, we hope that your office will consider a full investigation of the matter.

Member of the Grand Council of Guardians

 Thank you for your time in this matter.

Damon K. Jones
Blacks in Law Enforcement of America
914-525-5288

cc: Charles Billups

Grand Council of Guardians

Ronald Hampton
National Association of Blacks in Criminal Justice

Westchester MLK Institute for Nonviolence

Antiracist Alliance

Urban League of Westchester

Ethical Culture Society of Westchester

White Plains/Greenburgh Branch NAACP

WESPAC

Westchester Black Political Conference

 Blacks in Law Enforcement of America
A National Organization of Black Law Enforcement Professionals

New York Office

455 Tarrytown Rd. #1318
White Plains, New York 10607

Accepting Our Responsibility to Rebuild Our Community

February 18, 2019

Anthony Scarpino
Westchester County District Attorney
111 Dr. Martin Luther King, Jr. Blvd.
White Plains, NY 10601

To Whom It May Concern:

Blacks in Law Enforcement of America is a national organization of Black Law

Enforcement professionals. As civil service officers, it is our duty to uphold the laws of
our local, state, and federal governments.

Please see the attached letter to the Hon. Judge Joan B. Lefkowitz and the Hon. Judge
Kathie Davidson, 9th District Administrative Judge in reference to the affidavit of former
Mount Vernon Deputy Police Commissioner, Joseph Spiezio submitted to the court on
09/17/2018 for Lawrence A Porcari et al - v. - Marcus A. Griffith et al, index number
50259/2017.

On information and belief, Mr. Spiezio committed perjury by making false and
misleading statements in his affidavit to the court. We believe that Mr. Spiezio violated
New York Penal Code Article 210. The act of swearing falsely (or "perjury") occurs
when a person makes a false statement which he or she does not believe to be true
while either giving testimony or under oath in a subscribed written instrument (such as
an affidavit or deposition).

For the last three years, Mr. Spiezio has made a mockery of the Westchester courts,
law enforcement and its justice system. It shocks the conscious how one man can
create so much chaos through law enforcement, the courts and our justice system and
not be held accountable.

Perjury must be taken very seriously by the courts. Trust and credibility are paramount
to a fair and functioning legal system in Westchester County.

We are requesting a full investigation from the Westchester County District Attorney's
Office. We are also forwarding this letter to NYS Attorney General’s Office.

Member of the Grand Council of Guardians

 Thank you for your time in this matter.

Damon K. Jones
Blacks in Law Enforcement of America

cc: Letitia James

N.Y.S Attorney General

Charles Billups
Grand Council of Guardians

Ronald Hampton
National Association of Blacks in Criminal Justice

Westchester MLK Institute for Nonviolence

Antiracist Alliance

Urban League of Westchester

Ethical Culture Society of Westchester

White Plains/Greenburgh Branch NAACP

WESPAC

Westchester Black Political Conference

 Blacks in Law Enforcement of America
A National Organization of Black Law Enforcement Professionals

New York Office

455 Tarrytown Rd. #1318
White Plains, New York 10607

Accepting Our Responsibility to Rebuild Our Community

February 18, 2019

Hon. Judge Kathie Davidson

9th District Administrative Judge
Supreme Court, Westchester County
111 Dr. Martin Luther King, Jr. Blvd.
White Plains, NY 10601

To Whom It May Concern:

Blacks in Law Enforcement of America is a national organization of Black Law

Enforcement professionals. As civil service officers, it is our duty to uphold the laws of
our local, state, and federal governments.

Please see the attached letter to the Hon. Judge Joan B. Lefkowitz in reference to the
affidavit of former Mount Vernon Deputy Police Commissioner, Joseph Spiezio
submitted to the court on 09/17/2018 for Lawrence A Porcari et al - v. - Marcus A.
Griffith et al, index number 50259/2017.

On information and belief, Mr. Spiezio committed perjury by making false and
misleading statements in his affidavit to the court. We believe that Mr. Spiezio violated
New York Penal Code Article 210. The act of swearing falsely (or "perjury") occurs
when a person makes a false statement which he or she does not believe to be true
while either giving testimony or under oath in a subscribed written instrument (such as
an affidavit or deposition).

For the last three years, Mr. Spiezio has made a mockery of the Westchester courts,
law enforcement and its justice system. It shocks the conscious how one man can
create so much chaos through law enforcement, the courts and our justice system and
not be held accountable.

Perjury must be taken very seriously by the courts. Trust and credibility are paramount
to a fair and functioning legal system in Westchester County.

We are requesting a full investigation from the Westchester County District Attorney's
Office. We are also forwarding this letter to NYS Attorney General’s Office.

Member of the Grand Council of Guardians

 Thank you for your time in this matter.

Damon K. Jones
Blacks in Law Enforcement of America

cc: Anthony Scarpino

Westchester District Attorney

Letitia James
N.Y.S Attorney General

Charles Billups
Grand Council of Guardians

Ronald Hampton
National Association of Blacks in Criminal Justice

Westchester MLK Institute for Nonviolence

Antiracist Alliance

Urban League of Westchester

Ethical Culture Society of Westchester

White Plains/Greenburgh Branch NAACP

WESPAC

Westchester Black Political Conference

 Blacks in Law Enforcement of America
A National Organization of Black Law Enforcement Professionals

New York Office

455 Tarrytown Rd. #1318
White Plains, New York 10607

Accepting Our Responsibility to Rebuild Our Community

February 18, 2019

The Hon. Judge Joan B. Lefkowitz

Supreme Court, Westchester County
111 Dr. Martin Luther King, Jr. Blvd.
White Plains, NY 10601

To Whom It May Concern:

Blacks in Law Enforcement of America is a national organization of Black Law

Enforcement professionals. As civil service officers, it is our duty to uphold the laws of
our local, state, and federal governments.

We are writing you concerning the affidavit of former Mount Vernon Deputy Police
Commissioner, Joseph Spiezio submitted to your court 09/17/2018 for Lawrence A
Porcari et al - v. - Marcus A. Griffith et al, index number 50259/2017. (EXHIBIT A)

The submitted affidavit states that Joseph Spiezio III was duly sworn and he respectfully
offered his testimony in support of plaintiffs Lawrence A. Pocari, Ralf Uzzi, Maria
Donovan and La'Tea Goings.

After reviewing Mr. Spiezio's affidavit submitted to the court on 09/27/2018, we believe
that Mr. Spiezio violated New York Penal Code Article 210. The act of swearing falsely
(or "perjury") occurs when a person makes a false statement which he or she does not
believe to be true while either giving testimony or under oath in a subscribed written
instrument (such as an affidavit or deposition).

Mr. Spiezio stated in the affidavit submitted to the court on 09/27/2018:

"Because I reside in Westchester County, I am in full compliance with all applicable

residency rules." (EXHIBIT A p.2, #7)

Mr. Spiezio also stated:

“As a public safety official, I am exempt from that residency requirement under the
Public Officers Law, although I am required to live within the county.” (EXHIBIT A p.
2,#6)

Member of the Grand Council of Guardians 1

On information and belief, Mr. Spiezio knew he was not in compliance with any
residency rules when he made the statement and submitted it to the court on
09/27/2018.

According to the testimony of former Mount Vernon Police Commissioner Robert Kelly
submitted to the United State District Court Southern District of New York, 04/16/2018,
case 7:18-cv-03007, Mr. Kelly stated that:

On February 1, 2016, Mr. Spiezio was completing his personnel form to formalize his
position as Deputy Police Commissioner. The form(s) require Mr. Kelly's endorsement
to legitimize Spiezio's appointment to the city charter. Mr. Spiezio submitted to Mr. Kelly
his Florida driver’s license as a form of identification.

Mr. Kelly then stated that as a matter of law, New York Consolidated Laws, Public
Officers Law -PBO 3-b(1), appointment to a sworn law enforcement position requires
New York State Residency. Mr. Kelly also states that Mr. Spiezio's prima facie out of
state residency made him ineligible to be appointed to a sworn law enforcement
position. Mr. Kelly refused to endorse the appointment. (EXHIBIT B p. 8,#18,19)

Mr. Kelly was later fired by Mayor Richard Thomas.

When Mr. Spiezio submitted his statement to the court on 09/27/18, that he was a
Westchester resident, he was well aware that he did not qualify to be appointed Deputy
Police Commissioner because he has no New York State Identification, he has a
Florida's driver’s license.

On 02/03/2019, Mr. Spiezio was pulled over by the New Rochelle Police Department.
New Rochelle Police Officer J. Diaz was the acting Officer that pulled Mr. Spiezio over.
In Officer Diaz's report, Mr. Spiezio stated he didn't have any Identification. Mr. Spiezio
didn't have his driver’s license, Police ID or shield. Officer Diaz reported that the license
check resulted in Mr. Spiezio not having any valid New York Identification. Mr. Spiezio
had two NY ID's. One was suspended, and the other was surrendered. (EXHIBIT C)

According to the Florida Department of Motor Vehicles( DMV), Mr. Spiezio was issued a
Florida's state ID from 2-23-2008 to 3-10-2014 and issued a driver’s license on 3-10-
2014. (EXHIBIT D)

New residents with an out-of-state license must obtain a Florida driver's license within
30 days of establishing a permanent residence in FL. To obtain an FL license, Mr.
Spiezio was required to surrender his out of state license to obtain their new Florida
license.

According to the Florida DMV, If you are a Florida resident, you must get a Florida
license to drive a motor vehicle on public streets and highways. The Florida DMV also
defines "Resident" as a person who has his principal place of domicile in this state for a

2
period of more than six consecutive months; has registered to vote; has made a
statement of domicile pursuant to section 222.17, Florida Statutes; or has filed for
homestead exemption on property in this state. (EXHIBIT E)

Again, according to the New Rochelle Police Officer's Diaz' report, Mr. Spiezio had two
NY ID numbers. One was suspended, and the other was surrendered. (EXHIBIT C)

According to the Journal News report. The police report listed his residence in Longboat
Key, Florida. (EXHIBIT I)

Mr. Spiezio was issued a Florida license in 2014. Mr. Spiezio presented his Florida
license to former Commissioner Kelly to be appointed in 2016, Kelly refused. Mr.
Spiezio made no attempt to correct his residency according to New York Consolidated
Laws, Public Officers Law -PBO 3-b(1). Mr. Spiezio make false affidavit in to the court
about his residency in September, 2018, knowing he had no proof of residency. Mr.
Spiezio was pulled over by New Rochelle Police Department in February, 2019 with no
valid New York State Identification to that would support his testimony to the court in
September, 2018 just five months earlier.

Mr. Spiezio also states in his signed affidavit:

“I had been properly appointed to the office of Deputy Commissioner by the duly elected
Mayor.”

The fact of the matter is that Mr. Spiezio was never properly appointed to the position of
Deputy Police Commissioner. The Mount Vernon City Clerk, George Brown confirmed
that Mr. Spiezio did not submit his Oath of Office dated January 27, 2016, until June 1,
2016. Mr. Spiezio’s failure to abide by the charter made his appointment illegal. The City
Charter states that all appointments must be submitted within 15 days of swearing
in. (EXHIBIT F)

Chapt. 24 Article IV reads “An appointive officer or employee within 15 days after
receipt of notice of his appointment, the office or position shall be deemed to be vacant,
and the vacancy shall be filled in the manner herein provided for the filling of a
vacancy.” (EXHIBIT G)

Mr. Spiezio was well aware of his failure to submit his oath of office within the 15-day
deadline for Deputy Police Commissioner. Mr. Spiezio was also aware his oath of office
was invalid when Mr. Spiezio had email communication with Damon K. Jones. (EXHIBIT
H)

On February, 14, 2019, Mount Vernon City Clerk, George Brown, via telephone,
confirmed there was no updated Oath of Office for Deputy Police Commissioner,
Joseph Spiezio on file. Mr. Brown also confirmed that Mr. Spiezio did not follow proper
procedure according to the City Charter in submitting his Oath of Office dated January

3
27,2016 to the City Clerk’s office six months later on June 1, 2016. Mr. Brown confirmed
that this is a violation of the City Charter.

The emails between Damon K. Jones and Mr. Spiezio (EXIBIT G), letters sent by Mount
Vernon City Clerk George Brown to Mayor Richard Thomas concerning the appointment
of Joseph Spiezio to Deputy Police Commissioner (EXHIBIT F), show proof that Mayor
Thomas and Mr. Spiezio was well aware of the fact that Mr. Spiezio’s appointment was
invalid per the Mount Vernon City Charter. Mr. Spiezio knew these facts, failed to
correct his Oath of Office in 2016. After knowing the facts, failure to correct, Mr. Spiezio
still submitted a sworn affidavit that he was a duly sworn in Deputy Police
Commissioner to the court on September 17, 2018.

As a national organization of law enforcement professionals, we are requisitioning a

formal investigation into Mr. Spiezio alleged false court statements pertaining to his
residency and appointment to Deputy Police Commissioner.

We are also forwarding our letter and exhibits to the Westchester County District
Attorney’s Office and the New York State Attorney General’s Office requesting a formal
investigation.

A person commits the crime of perjury in its most basic form when an individual "swears
falsely." We believe that the evidence shows that Mr. Spiezio knowingly made a false
or misleading statement to the court about his residency and being duly sworn in as
Deputy Police Commissioner.

For the last three years, Mr. Spiezio has made a mockery of the Westchester courts,
law enforcement and its justice system. It shocks the conscious how one man can
create so much chaos through law enforcement, the courts and our justice system and
not be held accountable.

Perjury must be taken very seriously by the courts. Trust and credibility are paramount
to a fair and functioning legal system in Westchester County.

Thank you for your time in this matter.

Damon K. Jones
Blacks in Law Enforcement of America
914-525-5288

4
Hon. Judge Kathie Davidson
9th District Administrative Judge

Anthony Scarpino
Westchester County District Attorney

Letitia James
N.Y.S Attorney General

Charles Billups
Grand Council of Guardians

Ronald Hampton
National Association of Blacks in Criminal Justice

Westchester MLK Institute for Nonviolence

Antiracist Alliance

Urban League of Westchester

Ethical Culture Society of Westchester

White Plains/Greenburgh Branch NAACP

WESPAC

Westchester Black Political Conference