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Cuomo’s Justice Center is operating illegally and unconstitutionally

Enough is Enough - Governor Cuomo is treating people with disabilities unequally and ensuring that almost all sex crimes committed against the disabled are never criminally investigated or prosecuted. Cuomo is protecting sexual predators, not people with disabilities.

Gov. Andrew Cuomo has been covering-up thousands of sex crimes against disabled children and women

Gov. Andrew Cuomo has been covering-up thousands of sex crimes against disabled children and women”
— Michael Carey - Civil Rights & Disability Rights Advocate

ALBANY, NEW YORK, UNITED STATES, July 9, 2018 /EINPresswire.com/ -- “Thousands of sexual assaults and rapes of children and women with disabilities continue to be reported to Cuomo’s Justice Center and almost all are kept from 911 call systems, local police, County District Attorney’s and from criminal prosecution. Gov. Cuomo has ignored the New York Times Editorial board, as well as civil and disability rights advocates calls for 911 immediate reporting and surveillance cameras to finally end decades of discrimination and to ensure the safety and protection of our most vulnerable.” – Michael Carey – Civil Rights & Disability Rights Advocate

Three State Supreme Court Judges have tossed three sexual assault cases that the Justice Center handled because they are operating illegally and unconstitutionally. Here are some of the quotes from the Judges and information from the NYS Attorney General’s office;

"There is no evidence that the district attorney has retained ultimate prosecutorial authority and responsibility in this case," Breslin wrote in his decision.”

“While one might describe the argument as a mere defense tactic, it has drawn the interest of Attorney General Eric Schneiderman, who has joined the case. He, too, questions whether Justice Center prosecutors have the authority to bring criminal charges on their own.”

"We are here to protect the constitutional limitations on selecting prosecutors.''

https://www.timesunion.com/local/article/Judge-Justice-Center-needs-to-work-with-elected-11039784.php

“But without clear oversight from an elected district attorney, the case shouldn't be criminally prosecuted, Carter ruled.”

https://www.timesunion.com/news/article/Sex-abuse-charges-dismissed-amid-constitutional-11732611.php

“For the third time since March, a judge has dismissed a state Justice Center case against an alleged abuser over what court rulings have found is the agency’s lack of authority to prosecute the cases because their staff attorneys are not elected officials.”

“The district attorney’s consent here is insufficient to confer prosecutorial authority on the Justice Center … the district attorney clearly has not retained the ultimate responsibilities of his office as to this indictment,” McDonough wrote. “Finally, defendant restresses the Justice Center’s unelected status, lack of any tenure limits and lack of any accountability to the public.”

https://www.timesunion.com/news/article/Justice-Center-loses-another-case-over-12183841.php?forceWeb=1

This is directly from a District Attorney Association of the State of New York letter;

“Section 13 of Article XIII of the State Constitution requires that every county elect a district attorney to prosecute crimes within that county. Indeed, it goes so far as to provide that the governor can remove a district attorney who fails to faithfully prosecute persons within his or her jurisdiction. Furthermore, New York State County Law dictates that, with certain exceptions, cases are to be prosecuted in the courts of the county in which the district attorney was elected or appointed.”

http://www.daasny.com/wp-content/uploads/2014/08/DAASNY-Letter-of-Opposition-S4928B-A7333B-Nozzolio-Lentol-Rikers-Jurisdiction.pdf

As a well known and recognized Children’s Rights Advocate, as well as Civil and Disability Rights Advocate, Michael Carey, the founder of the Jonathan Carey Foundation has brought these illegal and unconstitutional practices that are jeopardizing the health, safety and lives of countless people with disabilities to all authorities’ attention. Treating any person, including people with disabilities differently and not ensuring them their rights to ‘equal protections of laws’ is Discrimination in Civil Rights.

THE CONSTITUTION

(1)We The People of the State of New York, grateful to Almighty God for our Freedom, in order to secure its blessings, DO ESTABLISH THIS CONSTITUTION.

ARTICLE I
Bill Of Rights

[Rights, privileges and franchise secured; power of legislature to dispense with primary elections in certain cases]
Section 1. No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof,

[Equal protection of laws; discrimination in civil rights prohibited]
§11. No person shall be denied the equal protection of the laws of this state or any subdivision thereof.

Constitution of United States of America 1789 (rev. 1992)

Amendment XIV
Section 1

All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Wide-scale Discrimination in Civil Rights is occurring right now in New York State because massive numbers of children and adults with disabilities are being treated unequally. When this ‘specific group of people’ that live outside of their family home in a State, private or county facility or group home is a victim of a sexual assault crime, or any other crime they are almost always denied their rights to equal protections of laws. Right now, almost all sex crimes committed against a disabled person are handled completely differently than for anyone else in our society.

• The 911 call systems are being purposefully bypassed
• The local police are being bypassed
• Criminal investigations with proper evidence collection and retention is being bypassed
• District Attorney notification and assurance of genuine independent criminal investigations is being bypassed
• The New York State laws are being bypassed
• The Justice Center is using categories that contradict NYS penal laws, almost all categories which are felony criminal offenses per NYS Penal law 260.25 are purposefully being kept from local law enforcement and county elected District Attorney so that they are unable to prosecute these sex crimes. This is wide-scale Obstruction of Justice that denies disabled sex crime victims ‘equal protections of laws.’
• Almost always County District Attorney’s have never been informed by the State of the reported sex crimes occurring within their county which denies the disabled their rights to ‘equal protections of laws.’
• Almost always are your local courts and the normal criminal justice system completely bypassed for ‘this specific group of people’ which also denies the disabled their equal rights to equal protections of laws.’

Governor Andrew Cuomo’s system is called “a predators dream” by one caught and jailed sexual predator and pedophile that was thankfully ensnared in a federal child porn sting. Stephen DeProspero was a state employee that worked within Cuomo’s State agency that was sexually assaulting the young disabled boy where he worked for an extended period of time. This story will sicken you, but you must read it.

https://www.usatoday.com/story/news/crime/2017/02/20/predators-dream-ny-pays-3m-family-molested-boy/98154714/

"The lack of supervision there made it easy to do what I did," DeProspero said in a handwritten affidavit obtained by The Associated Press. "I could have stayed in that house for years and abused him every day without anybody even noticing at all. It was a predator's dream."

EMERGENCY ACTIONS MUST BE TAKEN TO STOP THESE CRIMINAL COVER-UPS, THE OBSTRUCTION OF JUSTICE AND CRIMINAL CONSPIRACY, AS WELL AS THE WIDE-SCALE DISCRIMINATION IN CIVIL RIGHTS AGAINST PEOPLE WITH DISABILITIES IN NEW YORK STATE.

Michael Carey
The Jonathan Carey Foundation
(518) 852-9377
email us here

The incredible life and tragic preventable death of Jonathan Carey, who was disabled, had autism, was non-verbal & only 13 when he was killed by his caregivers

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