- By Eric Sanders
- In Abuse of State Power, Blog, Civil Rights Law, First Amendment, News, Press Release, Retaliation
For Immediate Release
Bronx District Attorney Crime Analyst Crystal Rivera Files A $15 Million Dollar Notice to Sue
New York, NY, February 26, 2017 – A $15 Million Dollar Notice of Claim filed against the City of New York and Bronx District Attorney Darcel D. Clark alleges Crime Analyst Crystal Rivera suffered mental anguish, pain, and suffering when Clark and her staff retaliated against her for exercising her First Amendment right of freedom of association; for re-buffing the incompetence, serious misconduct and unethical practices of the office and for failing to cooperate with a baseless racially charged criminal investigation against NYPD Detective David Terrell
Ms. Rivera claims, almost 11 years ago, she was appointed to the Office of the Bronx District Attorney. She is currently assigned as a Crime Analyst for the Crime Strategies Case Enhancement Unit.
According to the claim, since her appointment, the Office of the Bronx District Attorney is rife with employees engaging in utter incompetence, serious misconduct and unethical practices directly impacting primarily complainants and defendants’ constitutional rights.
Instead of investigating and prosecuting crimes, Ms. Rivera claims prosecutors and other employees routinely shop, consume alcohol in the office, engage in sexual activities in the office and other improper activities, according to the claim.
Ms. Rivera claims, its prosecutors routinely “judge shop” meaning bring questionable legal documents such as search warrants to be endorsed by the Court although there is no matter pending before that Court.
Several years ago, Ms. Rivera claims she began a personal relationship with NYPD Detective David Terrell (African-American Male) of the 42nd Precinct.
According to the claim, approximately two years ago, Bronx District Attorney Darcel D. Clark (African-American Female) and Chief of the Homicide Bureau Christina Scaccia (Caucasian Female) assigned Assistant District Attorney David Slott (Caucasian Male) to handle the criminal cases against Pedro Hernandez and the rest of The Hill Top Crew.
During the investigation, Ms. Rivera met with Deputy Chief of the Strategic Enforcement/Intergovernmental Relations Division Carmen J. Facciolo III (Caucasian Male). Prior to meeting with Deputy Chief Facciolo III, she received information from another colleague that the private investigator from the Pedro Hernandez case, private investigator Manny Gomez have a personal relationship with an employee Michelle Rayo (Caucasian Female) and has been seen throughout several secure areas of the office.
According to the claim, Ms. Rivera later met with Chief of the Trial Division Jeremy Shockett (Caucasian Male); Deputy Chief Facciolo III; Deputy Chief of the Narcotics/Gang Bureau Terry H. Gensler (Caucasian Female); Bureau Chief Scaccia and Assistant District Attorney Slott. Ms Rivera claims that they were collectively unaware of crucial evidence collected against Pedro Hernandez and the rest of The Hill Top Crew, this is consistent with the incompetent and unethical practices of the office.
Ms. Rivera claims, Bronx District Attorney Clark using her staff decided she would be used to ‘publicly vilify’ NYPD Detective Terrell with allegations of a baseless criminal investigation against him. After rebuffing Bronx District Attorney Clark’s and her staff’ tactics, they began to target her for a baseless criminal investigation.
Deputy Chief Gensler then proceeds to talk about NYPD Detective Terrell, Sergeant Andrew Uruci, and the 42 whole Pct. is going down. According to the claim, Deputy Chief Gensler said, “David Terrell is a fucking crooked cop and that is typical because he’s Black and Sergeant Uruci is a moron for not controlling Terrell.” Ms. Rivera claims, that’s not the first time she has heard Deputy Chief Gensler and other members of Bronx District Attorney Clark’s staff referring to persons of color in a negative light.
Ms. Rivera claims, Chief of the Public Integrity Bureau Wanda Perez-Maldonado (Latina Female) even implied she had a personal relationship with Pedro Hernandez and The Hill Top Crew. After the intense questioning quickly shifted to her personal relationship with NYPD Detective Terrell but, she ignored the questions related her personal life.
In late August, she met with Bureau Chief Perez-Maldonado and Detective Investigator Terrence Mulderrig (Caucasian Male) in her office. Shortly thereafter, Ms. Rivera noticed a notepad with her name written on it along with her cellphone and financial records. Bureau Chief Perez-Maldonado told her, she lied and needs a lawyer.
A few days later, Bureau Chief Perez-Maldonado asked Ms. Rivera if any employees knew about her personal relationship with NYPD Detective Terrell. Shortly thereafter, Deputy Chief Administrative Chief Human Resources/Labor Relations Arthur B. Simmons told Ms. Rivera effective immediately, she is being suspended with pay pending the outcome of the criminal investigation.
On September 6, 2017, Bronx District Attorney Clark dismissed the case against Pedro Hernandez.
According to the claim, in an elaborate ruse to perpetuate a fraud upon the public to cover up the incompetence, serious misconduct and unethical practices of the Office of the Bronx District Attorney, Clark falsely claimed to have started an investigation into the law enforcement practices of the 42nd Precinct. Bronx District Attorney Clark, falsely published a press release claiming her Public Integrity Bureau “delved into the allegations surrounding the Pedro Hernandez case.”
On January 19, 2018, Bronx District Attorney Clark charged Ms. Rivera with misconduct related to her personal relationship with NYPD Detective Terrell but, did not serve her.
On January 22, 2018, Bronx District Attorney Clark suspended her without pay.
On February 23, 2018, Bronx District Attorney Clark sent two detective investigators to her former mother in law’s home threatening to “pick her up.” Later that day, the same two detective investigators served her with administrative charges related to her personal relationship with NYPD Detective Terrell.
“The Bronx DA’S Office is retaliating against me for exercising my First Amendment right of freedom of association; for re-buffing the incompetence, serious misconduct and unethical practices of the office and for failing to cooperate with a baseless racially charged criminal investigation against David,” says Ms. Rivera.
“Under DA Clark, ‘let the constitution be damned.’ With the filing of this claim, we intend to hold Bronx District Attorney Clark and her staff legally accountable for their disgraceful conduct, says Eric Sanders.
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