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Legal limbo for catatonic killer
Anthony Passaro Jr., incapacitated, remains unsentenced for ’07 slay
by Jesse J. Smith
July 06, 2009 04:29 PM | 7 7 comments | 24 24 recommendations | email to a friend | print


Three months after he was convicted of murdering his wife, Anthony Passaro Jr. remains in an infirmary at the Ulster County Jail, unresponsive and unable to face justice, at least the justice of this world.

On March 16, following a non-jury trial State Supreme Court, visiting Judge Roger McDonough found Passaro guilty of second-degree murder, felony criminal possession of a weapon and two misdemeanor counts of endangering the welfare of a child. On Sept. 26, 2007, Passaro, 41 gunned down his wife, Tracey Passaro, at the couple’s West Saugerties home. The couple’s two children, then aged 6 and 9, were home at the time. In his verdict, McDonough rejected the defense’s claim that Passaro was in the grip of a psychotic episode brought on by mental illness and prescription drugs and lacked the capacity to understand what his was doing when he shot his wife.

When Passaro’s April 20 sentencing date rolled around, his attorney, Ulster County Public Defender Andrew Kossover, told the court that his client had been taken to Kingston Hospital and was in an unresponsive state. Since then, two more sentencing dates have come and gone as Passaro remains under medical care and, according to Kossover, lacking any awareness of his surroundings.

“I’m not going to use the word ‘coma’ because I’m not a doctor, but he is non-responsive,” said Kossover.

Kossover declined to elaborate on Passaro’s ailments, except to say that his client had “multiple medical problems.” During the trial, however, Kossover presented evidence that Passaro suffered from diabetes and multiple sclerosis. Passaro’s father said that his son’s condition grew worse after he was confined to the Ulster County Jail in September 2007 and that he suffered a broken hip while incarcerated. In the courtroom, Passaro was confined to a wheelchair and fitted with a catheter. He appeared alert, however, answering clearly when McDonough asked if he understood the verdict and crying when a tape of a 911 call by his son on the morning of the murder was played for the court.

In April, shortly before he was to be sentenced, Kossover said his client was taken to Kingston Hospital where he lapsed into an unresponsive state and was eventually given a tracheotomy. On June 15, Kossover said, Passaro was returned to the county jail where he remains confined to a medical unit. On June 25, McDonough delayed sentencing again. On July 7, Passaro’s physicians are expected to submit statements regarding his condition and prognosis.

Kossover said that Passaro’s condition presents a difficult legal challenge, one that he has never come across in his career. “It would be inhumane to sentence somebody who’s is completely non-responsive,” said Kossover. “The law requires that anyone being sentenced has the opportunity to meaningfully participate in that part of the case and Mr. Passaro is simply unable to do that at this point.”

Passaro faces a maximum sentence of 25 years to life in state prison on the second degree murder charge.

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darren Aquino
|
January 29, 2011
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

____________________________________ X

Anthony Passaro, Sr., OBO-Anna Passaro,

OBO Anthony Passaro, Jr., OBO Faith Passaro(minor child),

OBO Anthony Passaro III (minor child),

Juan Perez, Darren Aquino

Pro se Plaintiffs ORDER TO SHOW CAUSE FOR

PRELIMINARY INJUNCTIVE

RELIEF AND TEMPORARY

RESTRAINING ORDER

-against-

____________________________________________X ___CV____________( )

The United States-Honorable Judge Joanna Seybert in her official capacity,

The United States- Honorable Judge Spatt in his official capacity,

Nassau County Receiver of Taxes, Donald X. Clavin, in his official capacity

The Nassau County Executive, Edward Mangano in his official capacity,

Cerebral Palsy Associations of New York State,

Cerebral Palsy Associations of New York State-The Revere House-Ms. Willamena Thompson, in her official capacity,

The Social Security Administration on behalf of Anna Passaro,

Andrew Kossover, Esq. of Ulster county-18B attorney,

Dr. Jerry Goldman of the Ulster County Jail,

The Ulster County Correctional Facility, The Ulster County Jail,

New York State Police Department of Ulster County/Sheriff’s Office,

State Supreme Court Judge Roger McDonough in his official capacity,

The Ulster County District Attorney’s Office,

New York State Office for People with Developmental Disabilities, hereafter known as OPWDD, formerly known as OMRDD,

Amy Lowenstein,Esq.,of Disability Advocates, Inc., in her official capacity,

State of New York Commission of Corrections-Peggy Loffredo in her official capacity,

Workers Compensation Administrative Law Judge Elaine Stogel in her official capacity,

The Governor of the State of New York in his official capacity, The Honorable Andrew Cuomo, Jane Doe and John Doe,

The Law Firm of Berkman, Henoch

United States Attorneys Office



Upon the affidavit of ______________________________________________________

____________________________________________, sworn to the 19th day of January

2011, and upon the copy of complaint hereto annexed, it is ORDERED, that the above named defendant(s) show cause before a motion term of this court, at room_______, United states Court House, Cadman Plaza East in Kings County and State of New York on __________,

20______, at _________o’clock in the ________ noon there of, or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Rule 65 FRCP enjoining the defendant(s) during the pendency of this action from

(The plaintiffs have been enumerated in order of the complexity of the issue)

1. Anthony Passaro, jr.

This plaintiff is mentally and physically disabled, in a vegetative state and incoherent. His current physical and mental condition is as a result of his lack of medical treatment by the aforementioned parties. His father, Mr. Anthony Passaro, is his legal guardian, and is seeking relief on his behalf, which is to put aside the 2nd degree murder conviction and immediately order Anthony jr. into a medical facility where he can be medically assessed and be properly treated. Appropriate medical and mental treatment was denied Anthony jr since his incarceration on September 26, 2007. Without the appropriate assessment and care, Anthony jr. will die. His rights were violated under due process 28 U.S.C. 1331, and the Americans with Disabilities Act and the Institutionalized Persons Act and Lane v Tennessee. He was maltreated, he broke his hip and he did not receive the appropriate treatment, where upon, an infection ensued.

His State appointed attorney was unable to defend him appropriately, he was not given a jury trial as per the judge and the defense counsel. Exculpatory evidence was concealed. He was tried as a competent person although he has an anomaly of debilitating conditions prior to his incarceration, which only become worse due to the maltreatment and negligence. His ailments which have been diagnosed and are listed below. His father had an appointed advocate who was also not allowed to speak in court. Anthony Jr. was incoherent at the trial and during the hearing. The judge diagnosed from the bench as a medical professional. Furthermore, the judge interpreted Anthony jr’s facial expressions as a form of his understanding the proceedings due to the fact that his physical condition has deteriorated to the point of Anthony Jr. becoming non-verbal.

He is a qualified individual under the Americans with Disabilities Act as so defined. He was diagnosed with juvenile diabetes at the age of four. He began family therapy at the age of eleven due to early onset of depression and anxiety disorder. He was diagnosed with bipolar disorder in his teen years. He has had psychotic episodes. None of these issues were presented in court. He also, in later years developed multiple sclerosis, which is also a neurological disorder and which has contributed to the incident. He has 40 lesions in his brain which were discovered during the incarceration, prior to his trial. The testimony of 2 psychiatrists support Mr. Passaro Sr.’s allegations that Anthony Jr. was incoherent and by no means had any understanding of the proceedings, nor was he capable of understanding his actions that led to this crime. His condition has totally deteriorated during his incarceration due to the fact that the necessary medication was denied with malice. When Mr. Passaro Sr. brought this to the persons responsible in governing and investigating this process, he was retaliated against as defined under the ADA. He was not allowed to see his son and he was not given any information as to the medical status of his son. He went in a verbal, physically able, albeit, treated for MS, diabetes and mental disorders, and is currently incoherent and his prognosis is severe due to his inappropriate treatment, which includes, but is not limited to, the admittance of incorrect insulin.

We respectfully request that all orders involving this case be put aside and that his children be allowed to see him forthwith until which time this honorable court would bring forth the appropriate remedies for the Passaro family.

We request that his personal and real property at 4 Pine Tree Lane in Saugerties, NY be returned. The personal property was not safe guarded. Persons related to the deceased wife were allowed to enter the home by the police. Furniture and other items were taken. The State did not allow his father to proceed on his behalf to save his home, nor did his defense counsel assist. The children have a right as heirs to this house. The father put up $25,000 in this house and we respectfully request that these monies be returned to the father, Mr. Anthony Passaro, Sr.

We also respectfully request that this portion of the complaint for the accuracy in articulating our claim be presented at a later date, such as when the new medical assessment will be completed since we had no access to his medical records. When Anthony Jr’s father requested medical treatment and called State advocacy, they retaliated and forbade him to see his son. Mr. Passaro, sr., had prostate cancer at the time.

He is also a qualified individual under the Americans with Disabilities Act as defined. The father prays that this court will see the injustice and that immediate action will take place. No other application was ever presented to the court.

2. Anna Passaro

Ms. Anna Passaro is a mentally retarded senior citizen, a former child of Willowbrook, protected under the Willowbrook Permanent Injunction decree 72 Civ. 356, 357. Her brother, Anthony Passaro, Sr is her legal guardian, moving forward on her behalf because of the continued abusive, negligent and criminal inter alia. He is seeking immediate medical treatment and evaluation and release from the Revere House so that she can be reunited with her only brother and mother of 93 years old. Anna is a qualified individual under the Americans with Disabilities Act as defined.

Willowbrook is the most acknowledged instance of abuse and criminal acts by a state facility to mentally and physically disabled children, teens and young adults in the history State of New York.

On February 25, 1987, the court implemented a permanent injunction that provided the long awaited lifelong protection, inter alia. This was not afforded Anna. In approximately June of 2001, Anna suffered a series of physical abuses first, at a group home called the Warner House (exact date not known due to the failure of staff to report the incident) whereby Anna broke her hip. This was the 1st incident subsequent to the order of protection afforded the Willowbrook children. She was then moved to the Revere House, where the abuse and neglect continued. She was assaulted by a facility employee and savagely beaten with a chair, she suffered numerous injuries and bruises to her already frail and weak body. An attempt by the employees and the responsible custodians, put in place by the injunction, namely the Cerebral Palsy Associations of New York, and the supervisory staff of 1065 Revere House, tried to conceal the assault and the surrounding circumstances involved in this vicious attack, not limited to, from the brother, Anthony Passaro, Sr., and the frail and aged, now 93 year old mother. They lied to the brother and said she fell, the supervisor Ms. Wilamena Thompson, along with other colleagues and other staff members made no incident report of this heinous act. Mr. Passaro sought the help and advice of a national advocate for disabled due to his concerns. It should be known that Mr. Passaro, Sr., is dyslexic and cannot communicate on paper, he cannot take notes. He went to the facility, with Mr. Aquino, National chief Advocate for the disabled to go and observe the injuries of his sister who had not been taken to the hospital. Mr. Aquino met with refusal and was not allowed to enter the premise with Mr. Passaro, Sr. Mr. Aquino advised Mr. Passaro, Sr. to photograph and gather as much information as possible. He discovered that a disgruntled employee, caregiver had assaulted her, but details were not given, neither was a report or record made of the custodians and guardians of this Willowbrook member. After viewing the photograph, Mr. Aquino Advised, especially after seeing the injuries to her leg (severe bruising and abrasions) to immediately call the police to arrest the party, and to have his brought to a medical facility. It should be noted that several days had passed before the facility informed Mr. Passaro, Sr. of any incident. A series of attempts were made to secure the safety and needed protections by Mr. Passaro Sr. for his sister, due to the willful contempt of the injunction and the negligence involved. There were numerous deprivations of the court ordered entitlements, the most recent being, November of 2010. We have no other alternative but to seek the immediate intervention of this court to release Anna to the full care and protection of her brother, inter alia with the necessary financial, medical resources, so that he may provide, protect and enjoy the remainder of his only sister’s remaining life.

We also respectfully request that the monthly payment paid to the Revere House along with all social security benefits be turned over to the brother forthwith, as this would facilitate the financial and medical needs in the household in to which time this court would remedy and finalize this complaint. Furthermore, we request the immediate release of the Social Security Survivor Benefits due Anna from 1979 due to the failure of Social Security Administration providing Anna all of her entitlements under the Social Security Act of Survivor Children. Anna, due to her disability and under the protection of the Americans with Disabilities Act and the failure of the ALJ, on 4/7/10, in a decision dated May 26, 2010, did not grant her the remaining 30 years of benefits due her because the Social Security records did not go back, nor could they produce the documentation to release these funds, their response was that it was the fault of Anna. Their record keeping could not establish or produce a time frame of an entitlement date. Not so, the record of the claim as disclosed by a former employee of the Freeport office who recently retired, Barry Bolger, disclosed that it is simple to do if they choose to do it by using the SSI folder as the application. The ALJ, Judge Walsh of the Bronx hearing office found the testimony of Mr. Passaro, requested by National Chief Advocate, Mr. Aquino, found the testimony credible and made positive remarks to both Anthony and Mr. Aquino, but failed to give a favorable decision, although the judge said so off the record. We seek the court’s directive, but need its intervention. It should be noted that 4 years of the Social Security Survivor benefit was paid and is currently being paid, but they refused to go back to the entitlement date of 1979, even though they have the SSI file. Anna should not be penalized for what the guardians did not file for her. This entitlement is based on the mother and father’s record; she has met the requirements set forth.

3. Juan Perez

Mr. Perez has an ongoing New York State compensation hearing, whereby the judge refused to change the venue to accommodate his disability which is ambulation. Mr. Perez lives in Queens, NY. The case originated in Brooklyn, went to Queens (the appropriate venue) and then was returned back to Brooklyn. We believe this was an act of retaliation due to the complaints from Mr. Perez. Mr. Perez exhausted every remedy and the Judge refused any remedy. The Judge refused to allow his disability advocate to work with him in presenting his claim and never provided an interpreter since he is of Hispanic descent and has limited English. The Judge refused to acknowledge the advocate and omitted testimony so that there would be no record of Mr. Aquino’s presence, nor did she allow documentation of the venue change request by the advocate. Furthermore, he was denied the warranted and necessary medical and surgical procedures to stabilize the medical condition. As a result, he developed another condition which requires surgery of the spine/back. We would pray that this court STAY all proceedings and order compensation payments until which time this court can determine a remedy for the due process violations and the Americans with Disabilities Act violations. Also that the court direct the state compensation board to authorize the medical treatment needed forthwith and the claim be completed in Federal court since the State courts and State administrative procedures are by no means competent in dealing with people with disabilities, nor do they afford them their rights under the Americans with Disabilities Act. Also, respectively, allow Mr. Perez to file with plaintiff Passaro and plaintiff Aquino, through the United States District Court of the Southern District. The commonality of our cases is that we are all disabled and qualified individuals as defined under the Americans with Disabilities Act, and we have all been discriminated against by the State of New York as people with disabilities. Based on my belief that because of the different levels of State Government in the State of New York, affords no disabled person the protections under the Americans with Disabilities Act, be it in an institution for medical inability, incarceration, or in an administrative proceeding by the State of New York, this is of national concern, that no disabled person will receive fair and equal treatment under the State of New York. We also request that Mr. Perez receive a classification of a weekly wage. He never received a compensation payment. No application has ever been made before this court. Please adjudicate this claim, please change the venue, or whatever the court deems appropriate.

4. Darren Aquino

Mr. Aquino is a National Advocate for disabled, who is also disabled. His disabilities include processing dyslexia, whereby he is unable to articulate on paper. He also had polio mellitus, club foot which required over 16 corrective surgeries, making it difficult for him to ambulate and a heart condition. He is the CEO and President of a National non-profit organization, guardian of the Constitutional rights of the disabled outlined in the 14th amendment. He respectfully requests to be the lead plaintiff in these claims before this court. Further, he requests the warranted accommodations throughout the process since all the plaintiffs are disabled. We respectfully request counsel (should the court deem it appropriate) due the complexity of the case and the violations involved.

The county of Nassau deprived Mr. Aquino of the full 50% school and real estate reduction for a person with disabilities on a fixed income making under $ 33,000, only receiving Social Security. From 2005, to 2007, he paid 100% of his taxes. Although Mr. Aquino supplied all the needed documents, he was not given relief until 2008. He would respectfully request that he be given the reimbursement of the 3 years of overpaid taxes, or that they be applied and credited to his owed taxes. But more importantly, they refused to accommodate him during the process, they did not effectively communicate, he is unable to complete forms due to his severe dyslexia. The Oder to Show Cause, The Affirmation and the Complaint are being typed for him. Mr. Aquino requests that the stipulation made by Berkman, Henoch for case number 03-CV-5987 (ADS) be put aside since it was determined through Judge Spatt and he recused himself since he had stock in General Electric which is owned by NBC which was a defendant at the time of the case mentioned. It should be noted that Chief Judge Korman of the Eastern District set forth immediately an accommodation to assist me in this process. Judge Spatt refused to continue the accommodation to orally articulate, even though medical documentation was presented that I cannot articulate on paper. Judge Korman was called again and advising him that Judge Spatt refused the accommodation and that he refused to appoint an attorney. There was fear of the potential loss of his real property. After he expressed a series of deprivations of his due process rights to Sandra Day O’Conner, Judge Spatt recused himself. The case was transferred to his junior to Judge Joanna Seybert, who intentionally and deliberately delayed and denied the request the request for accommodations and an attorney. He was never given an opportunity to orally express myself which should have been afforded him under the protection of the Constitution of the United States. Mr. Aquino further requests that his mortgage and tax payments be halted until this court can determine the course of action.

The Plaintiffs request that the court appoint an attorney due to the complexity of this case and a Hispanic interpreter for Mr. Perez.

The Subject Matter Jurisdiction is correct under U.S.C. 28, 1331, interlocutory with the Americans with Disabilities Act

ORDERED, that sufficient reason having been shown, therefore, pending the hearing of plaintiff’s application for a preliminary injunction, pursuant to Rule 65 FRCP the defendant(s) are temporarily restrained and enjoined from

And is further ORDERED, that security in the amount of $_____________be posted by the plaintiff(s) and it is further ORDERED, that personal service of a copy of this order and annexed affidavit upon the defendant(s) or his counsel on or before____________o’clock in the _______

noon,______________, 20_______shall be deemed good and sufficient service thereof.

DATED:

Brooklyn, New York _____________________________

United States District Judge

anonymous
|
December 28, 2009
ADVOCATES FOR DISABLED AMERICANS, VETERANS, POLICE FIREMEN & FAMILIES

574 Junard Blvd, West Hempstead, NY 11552

347-320-5381 718-674-4883 516-292-1553 fax

disabledpdfdny@aol.com adaadvocates @yahoo.com

www.adaadvocates.com

Andrew Kossover, Esq.

Ulster County Public Defender

P.O. Box 1800

18 Lucas Avenue

Kingston, New York 12401

August 5, 2009

Re: Anthony Passaro, Jr.

To Whom It May Concern:

Notice of the following violations of Anthony Passaro Jr., and Anthony Passaro Sr., under the Americans with Disabilities Act (28 USC, 1997, Institutionalized Person’s Act) along with ineffective communications, also retaliation against qualified individuals within the meaning as defined by the Department of Justice Mandate: Anthony Passaro, Jr. is a Qualified individual suffering from the effects of a major life activity; including, but not limited to:1) Mental illness, 2) Multiple Sclerosis, 3) Juvenile Diabetes

Anthony Passaro Sr., also a qualified individual within the meaning as defined by the Department of Justice Mandate is considered to be a disabled individual. These violations are violations of the Constitution of the United States, 1st, 4th, 5th and14th Amendments, not limited to, but beginning with; actions of retaliation against Anthony Passaro Sr.

In an attempt to secure right, just and adequate treatment for his son, Mr. Passaro, Sr. made numerous phone calls to the appointed and elected officials seeking protection and enforcement both of his rights and those of his severely disabled son, to the following; 1) Ulster County Correctional Facility, located at 380 Boulevard, Kingston, New York 12401. Mr. Passaro Sr., first sought help from the following responsible for the request made; 1) Lt. Taylor, Lt. Russo, where no result or response was received after several attempts, 2) Medical Facility located also at aforementioned address, supervising nurse Ellen Fitzpatrick, who not only refused his request, but retaliated against his son, administered the improper insulin and other medications, also withholding prescriptive medicines in an attempt to cause grave harm. Fully aware of his medical condition, Ms. Fitzpatrick was also abusive to both Mr. Passaro Jr., and Sr.

The next person Mr. Passaro Sr., reached out to was the acting warden, Ray Essevito, who was given disclosure of the full situation several times via telephone and letters written on behalf of Mr. Passaro Sr., who suffers from dyslexia. Mr. Passaro, Sr. addressed all of the concerns, inclusive of the bodily harm that came to Anthony Jr., as a result of the cited violations by the State Advocacy for the Disabled in Albany, NY. These violations being within the state of the New York, under constitutional content, are the responsibility of the Governor, Dave Patterson, but initially were the responsibility of Eliot Spitzer.

As a result of the ongoing violations under 28 USC, 1997-1, Mr. Passaro Sr., has not been allowed to visit or speak with his son (who cannot speak as a result of the inappropriate medical treatment rendered by the correctional facility) for the last twelve weeks. His son’s condition is further deteriorating and Mr. Passaro fears for his son’s life and further acts of reprisal for his whistle-blowing.

Advocates for Disabled Americans (ADA), has been advocating for the Passaro family since early 2000. They have been involved in the case of Anthony Jr. and his deceased wife (who also suffered from mental illness)and their children, Faith and Anthony, 8 and 11 years old, respectively. ADA has made numerous requests and has provided all of the following necessary and pertinent medical and general information to insure fair and equal treatment under the law, and more importantly, the cited constitutional laws to no avail. It is the intent of this organization collectively with the disabled members, who have suffered and continue to suffer grave harm through the willful and hateful acts of the aforementioned individuals towards the Passaro family.

Inclusive in this complaint is Peggie Lefretto, Assistant to the Commissioner of Corrections, and Amy Lowenstein of the State Disability Advocacy under the Governor, both failing in their official capacity to uphold, maintain and enforce the Disabilities Rights under the 14th Amendment, but not limited to.

There is a greater question of a Due Process violation by the presiding judge, Honorable Roger Donahue, regarding the fair and equal treatment of disabled persons under the law. The Honorable Judge Donahue allowed a State Police officer to testify on the record, stating that he had no knowledge that Mr. Passaro Jr., was mentally ill at the time of his request, or at any time. We are also aware that his required insulin was withheld from him until the police finished questioning him. This organization (ADA) was not allowed to testify to or furnish any of the facts regarding the case of Mr. Passaro Jr. Two attempts were made to communicate with these chambers to be part of this questionable trial, which took place without a jury, and without the best interest of disabled American, Anthony Passaro Jr.

We strongly disagreed with the decision and procedure, and believe that the trial should not have been held for Mr. Passaro Jr., without a jury.

It has always been the position of this organization (which polices the rights of the disabled) that fair and equal treatment under the law prevails for every disabled American, unlike this incident, where, together with defense council, Andrew Kossover (an 18b attorney) and District Attorney Conright, hateful and malicious actions were taken, which amounted to nothing other than a hate crime against people with disabilities, together with discrimination. The commonality between these three individuals and the responsibilities they share as government employees was to see that fair and equal treatment was absolute, upholding Mr. Passaro Jr’s right under the ADA, and to secure his safety, keeping him from any harm. These individuals collectively allowed and caused abusive, malicious, hateful acts resulting in severe physical harm to Mr. Anthony Passaro, Jr., causing the deterioration of his medical condition, which has lead to him being literally bed-ridden and unable to vocalize. He no longer has the ability to speak and is incoherent most of the time.

Additionally, the acts of these individuals has also caused Mr. Passaro, Sr. a great deal of anguish and stress. This has lead to increased blood pressure/hypertension resulting in emergency room visits by Mr. Anthony Passaro Sr,, who feared and continues to fear for

the life of his only son, Anthony Passaro, Jr.

The afore-named persons also failed to effectively communicate as defined under the Americans with Disabilities Act, Anthony Passaro, Jr., being mentally and physically disabled, and his father, Anthony Passaro Sr., suffering from both prostate cancer and dyslexia (a comprehensive disorder), are unable to communicate as would able bodied individuals.

In closing, as we intend to notify everyone responsible, along with the names unknown to us, the father ( Anthony Passaro, sr) is still being deprived of visitation right to his ailing son Anthony Passaro, jr, as an act of retaliation for reporting these violations to Internal Affairs, Congressional Offices and other affiliated offices which are responsible to take action under the Americans with Disabilities Act. The appointed and elected officials governing and responsible for these offices swore a solemn oath to protect and defend the Constitution of the United States against all enemies foreign and domestic.

Anthony Passaro, jr., was blatantly, hatefully and maliciously deprived his rights as a qualified individual, with an anomaly of mental and physical disabilities as defined by law. These acts are a threat to every American with a disability. The actions of the presiding judge, to not acknowledge or disregard the severity of Anthony Passaro, jr.’s disabilities is a willful act on his part. This raises the question of his ability to serve in such an important part of our justice system.

On behalf of the Passaro family, we intend to pursue justice under the 14th Amendment, along with seeking the removal of these vindictive, hateful, biased, judgmental individuals from their positions in society along with the caregivers that were responsible for medical treatment that was denied, changed without medical authorization for conditions that Anthony Passaro, jr. has suffered from for over 30 years. This includes auxiliary aids that they refused to provide for over a year.

The State Advocacy for Disabled limited the services it would provide at the time, for an allegedly charged individual with a crime of murder. The responsibility of this agency was to implement a federal mandate to its fullest, it did not. It shares a responsibility and a Civil liability as well.

The father, Anthony Passaro, sr., who suffers from dyslexia, a processing disorder that hinders his ability to write, did everything to the best of his ability to communicate. Due to the distress and abuse that his son had been suffering, Passaro, sr., called on friends and family and this Advocacy since all of the above mentioned individuals, fully aware of his inability to articulate on paper, demanded his complaints in writing, another violation against Mr. Passaro, another retaliation to further deny him and his son appropriate services. The State agency was also aware of the Federal mandate of the Institutionalized Persons Act 28 U.S.C. 1997. They deprived him this full protection. These individuals are responsible for Anthony Passaro, jr.’s present condition resulting from the care and treatment not given.

We intend to pursue this case to the fullest at all costs on behalf of all the disabled individuals in the United States of America.

Respectfully,

Darren Aquino

National Chief Advocate for the Disabled

Sihar Aquino

Deputy Chief Advocate for the Disabled

anonymous
|
December 28, 2009
darren aquino
|
December 28, 2009
ADVOCATES FOR DISABLED AMERICANS, VETERANS, POLICE, FIREMEN & FAMILIES

574 JUNARD BLVD

WEST HEMPSTEAD, NY 11552

347-320-5381 718-674-4883 516-292-1553 FAX

disabledpdfdny@aol.com adaadvocates@yahoo.com

www.adaadvocates.com

UPDATE ANTHONY PASSARO, JR.-DISCRIMMINATION BY JUDGE ROGER MCDONOUGH

December 28, 2009

Re: Anthony Passaro, Jr-Update

To Whom It May Concern:

Mr. Anthony Passaro, Jr. was moved to a medical facility upstate, 5 hours away from his disabled father, Anthony Passaro, Sr., his mentally disabled sister, Anna, his disabled children and his disabled 93 year old grandmother, thus making it very difficult for these family members to visit him.

The coordinator of this said facility deemed Passaro Jr., to be medically/physically and mentally incompetent to open his own mail.

Mr. Passaro, Jr. was sent a letter by his lawyer. He was not only unable to physically open the correspondence, but he is mentally and cognitively unable to process the content.

Mr. Passaro, Jr., was sentenced to 25 years to life in state prison for 2nd degree murder by Judge Roger Mc Donough. Judge McDonough was judge and jury during the trial. As per the judge, Mr. Passro,Jr., was offered a trial with a jury but refused. However, Mr. Passaro, Jr., is mentally and physically disabled. He was and is not, capable of making such life altering decisions.

This was a kangaroo court sentencing with clear bias and discrimination toward a disabled individual. Anthony Jr.’s father and his advocate, Darren Aquino ( Advocates for Disabled Americans, Veterans, Police, Firemen & Families) were present. However, the advocate was not recognized and not allowed to testify. Judge Mc Donough stated that Passaro, Jr., was aware of the proceedings since there was a tear coming from his eye during the sentencing.

Judge McDonough is not a medical professional, nor does he have the medical expertise or license needed to diagnose the condition of a disabled individual. Input from medical professionals was not taken into consideration. There were 3 medical professionals, psychiatrists, that stated with absolute certainty through medical and clinical evidence that Passaro, jr. had no idea what he was doing. The medical documentation provided by these professionals was not considered. The Judge literally played doctor from the bench. He did not acknowledge Passaro Jr.’s disability, did not allow 3rd party input as per the ADA ( The Americans with Disabilities Act). Mr. Passaro Jr., was clearly denied fair and equal treatment under due process law.

No one advocating on behalf of Passaro, Jr., believes that the murder of his wife was not a tragedy. We all believe in justice. However, we are advocating for the humane treatment of a mentally and physically disabled individual. We are advocating for justice to be applied within the guidelines of the law. We are advocating for the Federally mandated law, The Americans with Disabilities Act to be applied for this individual that was not allowed to practice his due process rights. All those that had the authority, responsibility and privilege to apply the law and invoke his right, displayed utter ignorance and malice toward Anthony Passaro, Jr. and the entir e Passaro family, while proceeding with this case. Everyone should be reminded that Passaro, Jr., entered the Ulster county facility mentally incompetent, but, physically able to walk. He is now bed-ridden and unable to vocalize. What happened to the medical care due any individual under the Institutionalized Persons Act, 28 U.S.C. 1997 and 1991?

Andrew Kossover, a public defender was appointed to Passaro Jr’s case. Mr. Kossover had vital information regarding this case, such as information and the readiness of the testimony of the National Chief Advocate, and his assistant, former disabled 911 police officer ( NYPD 20 years), after an hour visit with Mr/ Kossover. They infmed him with the facts involving Passaro Jr’s mental health history, which would have supported the mental illness diagnosis, which would have seen to it that he would have been tried as a mentally ill person and not a hardened criminal. Whose attorney was he? The State’s additional attorney? Were there 3 people against Mr. Passoro, jr,? Judge McDonough, DA Conwright and Andrew Kossover,? His own attorney concealing exculpatory evidence which would have supported a legitimate defense of insanity. When the National Chief signaled at the sentencing, (while Passaro jr. lay oblivious and incoherent to the proceedings), that he wanted to speak and object since the judge was making a medical dx at a sentencing hearing, Kossover signaled back “no”. Mr. Kossover decided without the input of Passaro sr (who is also the power of Attorney for his mentally disabled son) and the advocate that the trial would have no jury. You cannot make a decision regarding a mentally disabled person on your own, there has to be a 3rd party, non-biased, present to ensure that the disabled person has understood the situation. However, after Mr. Kossover, defendant’s attorney, made this decision and then told Passaro sr. that this was what he was doing and that this decision was best, that they are going forth with a non jury trial. There could have been other alternatives, there could have been a Huntley Hearing, there could have been a jury trial and Mr. Kossover told mr. Passaro Sr. that this is “a political situation and that the judge has children the age Passaro jr.’s. The question is if Mr. Kossover is qualified to represent and defend someone that is so mentally disabled as Passaro Jr.National chief Advocate of ADA VETs, Darren Aquino, says no. There is foul play here and we will get to the bottom of it. No disabled person in this country will be deprived fair and equal justice under the law, not under our watch.

Either the District Court, or the United States Supreme court will have to rule on these actions that have deprived Passaro jr of the fair and equal justice that is fdue any individual,.let alone a disabled institutionalized one. He received abuse and maltreatment while in the care of a state facility prior to any judgments or convictions. These actions resulted in a far more debilitating medical condition for Passaro Jr. He was deprioved the medical treatment and medication necessary for his treatment, as defined in his medical history. He is not being treated for the MS lesions on his brain, to say the least. He broke his hip, due to an unaccommodated facility, in the bathroom. He was left unattended and unassisted. He was left to lay in his own feces as a form of retaliation. His family was deprived of regular visits. There are many more medical conditions that have resulted from the abuse and neglect involved in this case. In their official capacity, they brutalized this mentally ill disabled person, where they had all taken a sworn oath in their official capacity to uphold his rights. Their actions of malice, discrimination, cruel and inhumane treatment and deprivation of medical treatment will not go unpunished. These are the real criminals. We demand justice.

WE HAVE THE FULL PERMISSION OF THE PASSARO FAMILY TO DISCLOSE THIS INFORMATION IN ITS ENTIRETY.

Darren Aquino

National Chief advocate for Disabled

Rossi Ferraiolo

Director of Media & Communications

anonymous
|
December 28, 2009
ADVOCATES FOR DISAB
|
December 18, 2009
ADVOCATES FOR DISABLED AMERICANS, VETERANS, POLICE FIREMEN & FAMILIES

574 Junard Blvd, West Hempstead, NY 11552

516-376-7567 718-674-4883 516-292-1553 fax

disabledpdfdny@aol.com

Andrew Kossover, Esq.

Ulster County Public Defender

P.O. Box 1800

18 Lucas Avenue

Kingston, New York 12401

Re: Anthony Passaro, Jr.

To Whom It May Concern:

Notice of the following violations of Anthony Passaro Jr., and Anthony Passaro Sr., under the Americans with Disabilities Act (28 USC, 1997, Institutionalized Person’s Act) along with ineffective communications, also retaliation against qualified individuals within the meaning as defined by the Department of Justice Mandate: Qualified individual suffering from the effects of a major life activity; including, but not limited to:1) Mental illness, 2) Multiple Sclerosis, 3) Juvenile Diabetes-Anthony Passaro Jr.

Anthony Passaro Sr., also a qualified individual within the meaning as defined by the Department of Justice Mandate is considered to be a disabled individual. These violations are violations of the Constitution of the Unites States, 14th Amendment, not limited to, but beginning with; actions of retaliation against Anthony Passaro Sr.

In an attempt to secure right, just and adequate treatment for his son, Mr. Passaro, Sr. made numerous phone calls to the appointed and elected officials seeking protection and enforcement both of his rights and those of his severely disabled son, to the following; Beginning with the the arresting officers and investigators, also known as detectives,1) Ulster County Correctional Facility, located at 380 Boulevard, Kingston, New York 12401. Mr. Passaro Sr., first sought help from the following responsible for the request made; 1) Lt. Taylor, Lt. Russo, where no result or response was received after several attempts, 2) Medical Facility located also at aforementioned address, supervising nurse Ellen Fitzpatrick, who not only refused his request, but retaliated against his son, administered the improper insulin and other medications, also withholding prescriptive medicines in an attempt to cause grave harm. Fully aware of his medical condition, Ms. Fitzpatrick was also abusive to both Mr. Passaro Jr., and Sr.

The next person Mr. Passaro Sr., reached out to was the acting warden, Ray Essevito, who was given disclosure of the full situation several times via telephone and letters written on behalf of Mr. Passaro Sr., who suffers from dyslexia. Mr. Passaro, Sr. addressed all of the concerns, inclusive of the bodily harm that came to Anthony Jr., as a result of the cited violations by the State Advocacy for the Disabled in Albany, NY. These violations being within the state of the New York, under constitutional content, are the responsibility of the Governor, Dave Patterson, but initially were the responsibility of Eliot Spitzer. As a result of the ongoing violations under 28 USC, 1997-1, Mr. Passaro Sr., has not been allowed to visit or speak with his son (who cannot speak as a result of the inappropriate medical treatment rendered by the correctional facility) for the last twelve weeks. His son’s condition is further deteriorating and Mr. Passaro fears for his son’s life and further acts of reprisal for his whistle-blowing.

Advocates for Disabled Americans (ADA), has been advocating for the Passaro family since early 2000. They have been involved in the case of Anthony Jr. and his deceased wife (who also suffered from mental illness)and their children, Faith and Anthony, 8 and 11 years old, respectively. ADA has made numerous requests and has provided all of the following necessary and pertinent medical and general information to insure fair and equal treatment under the law,and more importantly, the cited constitutional laws to no avail. It is the intent of this organization collectively with the disabled members, who have suffered and continue to suffer grave harm through the willful and hateful acts of the aforementioned individuals towards the Passaro family.

Inclusive in this complaint is Peggie Lefretto, Assistant to the Commissioner of Corrections, and Amy Lowenstein of the State Disability Advocacy under the Governor, both failing in their official capacity to uphold, maintain and enforce the Disabilities Rights under the 14th Amendment, but not limited to.

There is a greater question of a Due Process violation by the presiding judge, Honorable Roger Donahue, regarding the fair and equal treatment of disabled persons under the law. The Honorable Judge Donahue allowed a State Police officer to testify on the record, stating that he had no knowledge that Mr. Passaro Jr., was mentally ill at the time of his request, or at any time. We are also aware that his required insulin was withheld from him until the police finished questioning him. This organization (ADA) was not allowed to testify to or furnish any of the facts regarding the case of Mr. Passaro Jr. Two attempts were made to communicate with these chambers to be part of this questionable trial, which took place without a jury, and without the best interest of disabled American, Anthony Passaro Jr.

We strongly disagreed with the decision and procedure, and believe that the trial should not have been held for Mr. Passaro Jr., without a jury.

It has always been the position of this organization (which polices the rights of the disabled) that fair and equal treatment under the law prevails for every disabled American, unlike this incident, where, together with defense council, Andrew Kossover (an 18b attorney) and District Attorney Conright, hateful and malicious actions were taken, which amounted to nothing other than a hate crime against people with disabilities, together with discrimination. The commonality between these three individuals and the responsibilities they share as government employees was to see that fair and equal treatment was absolute, upholding Mr. Passaro Jr’s right under the ADA, and to secure his safety, keeping him from any harm. These individuals collectively allowed and caused abusive, malicious, hateful acts resulting in severe physical harm to Mr. Anthony Passaro, Jr., causing the deterioration of his medical condition, which has lead to him being literally bed-ridden and unable to vocalize. He no longer has the ability to speak.

Additionally, the acts of these individuals has also caused Mr. Passaro, Sr. a great deal of anguish and stress. This has lead to increased blood pressure/hypertension resulting in emergency room visits by Mr. Anthony Passaro Sr,, who feared and continues to fear for

the life of his only son, Anthony Passaro, Jr.

The afore-named persons also failed to effectively communicate as defined under the Americans with Disabilities Act, Anthony Passaro, Jr., being mentally and physically disabled, and his father, Anthony Passaro Sr., suffering from both prostate cancer and dyslexia (a comprehensive disorder), are unable to communicate as would able bodied individuals.

Anthony passaro jr

TITLE 28 > PART VI > CHAPTER 153 > § 2254

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§ 2254. State custody; remedies in Federal courts

An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted with respect to any claim that was adjudicated on the merits in State court proceedings unless the adjudication of the claim—

(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or

(2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.

DARREN AQUINO
|
December 18, 2009
ADVOCATES FOR DISABLED AMERICANS, VETERANS, POLICE FIREMEN & FAMILIES

574 Junard Blvd, West Hempstead, NY 11552

516-376-7567 718-674-4883 516-292-1553 fax

disabledpdfdny@aol.com

Andrew Kossover, Esq.

Ulster County Public Defender

P.O. Box 1800

18 Lucas Avenue

Kingston, New York 12401

Re: Anthony Passaro, Jr.

To Whom It May Concern:

Notice of the following violations of Anthony Passaro Jr., and Anthony Passaro Sr., under the Americans with Disabilities Act (28 USC, 1997, Institutionalized Person’s Act) along with ineffective communications, also retaliation against qualified individuals within the meaning as defined by the Department of Justice Mandate: Qualified individual suffering from the effects of a major life activity; including, but not limited to:1) Mental illness, 2) Multiple Sclerosis, 3) Juvenile Diabetes-Anthony Passaro Jr.

Anthony Passaro Sr., also a qualified individual within the meaning as defined by the Department of Justice Mandate is considered to be a disabled individual. These violations are violations of the Constitution of the Unites States, 14th Amendment, not limited to, but beginning with; actions of retaliation against Anthony Passaro Sr.

In an attempt to secure right, just and adequate treatment for his son, Mr. Passaro, Sr. made numerous phone calls to the appointed and elected officials seeking protection and enforcement both of his rights and those of his severely disabled son, to the following; Beginning with the the arresting officers and investigators, also known as detectives,1) Ulster County Correctional Facility, located at 380 Boulevard, Kingston, New York 12401. Mr. Passaro Sr., first sought help from the following responsible for the request made; 1) Lt. Taylor, Lt. Russo, where no result or response was received after several attempts, 2) Medical Facility located also at aforementioned address, supervising nurse Ellen Fitzpatrick, who not only refused his request, but retaliated against his son, administered the improper insulin and other medications, also withholding prescriptive medicines in an attempt to cause grave harm. Fully aware of his medical condition, Ms. Fitzpatrick was also abusive to both Mr. Passaro Jr., and Sr.

The next person Mr. Passaro Sr., reached out to was the acting warden, Ray Essevito, who was given disclosure of the full situation several times via telephone and letters written on behalf of Mr. Passaro Sr., who suffers from dyslexia. Mr. Passaro, Sr. addressed all of the concerns, inclusive of the bodily harm that came to Anthony Jr., as a result of the cited violations by the State Advocacy for the Disabled in Albany, NY. These violations being within the state of the New York, under constitutional content, are the responsibility of the Governor, Dave Patterson, but initially were the responsibility of Eliot Spitzer. As a result of the ongoing violations under 28 USC, 1997-1, Mr. Passaro Sr., has not been allowed to visit or speak with his son (who cannot speak as a result of the inappropriate medical treatment rendered by the correctional facility) for the last twelve weeks. His son’s condition is further deteriorating and Mr. Passaro fears for his son’s life and further acts of reprisal for his whistle-blowing.

Advocates for Disabled Americans (ADA), has been advocating for the Passaro family since early 2000. They have been involved in the case of Anthony Jr. and his deceased wife (who also suffered from mental illness)and their children, Faith and Anthony, 8 and 11 years old, respectively. ADA has made numerous requests and has provided all of the following necessary and pertinent medical and general information to insure fair and equal treatment under the law,and more importantly, the cited constitutional laws to no avail. It is the intent of this organization collectively with the disabled members, who have suffered and continue to suffer grave harm through the willful and hateful acts of the aforementioned individuals towards the Passaro family.

Inclusive in this complaint is Peggie Lefretto, Assistant to the Commissioner of Corrections, and Amy Lowenstein of the State Disability Advocacy under the Governor, both failing in their official capacity to uphold, maintain and enforce the Disabilities Rights under the 14th Amendment, but not limited to.

There is a greater question of a Due Process violation by the presiding judge, Honorable Roger Donahue, regarding the fair and equal treatment of disabled persons under the law. The Honorable Judge Donahue allowed a State Police officer to testify on the record, stating that he had no knowledge that Mr. Passaro Jr., was mentally ill at the time of his request, or at any time. We are also aware that his required insulin was withheld from him until the police finished questioning him. This organization (ADA) was not allowed to testify to or furnish any of the facts regarding the case of Mr. Passaro Jr. Two attempts were made to communicate with these chambers to be part of this questionable trial, which took place without a jury, and without the best interest of disabled American, Anthony Passaro Jr.

We strongly disagreed with the decision and procedure, and believe that the trial should not have been held for Mr. Passaro Jr., without a jury.

It has always been the position of this organization (which polices the rights of the disabled) that fair and equal treatment under the law prevails for every disabled American, unlike this incident, where, together with defense council, Andrew Kossover (an 18b attorney) and District Attorney Conright, hateful and malicious actions were taken, which amounted to nothing other than a hate crime against people with disabilities, together with discrimination. The commonality between these three individuals and the responsibilities they share as government employees was to see that fair and equal treatment was absolute, upholding Mr. Passaro Jr’s right under the ADA, and to secure his safety, keeping him from any harm. These individuals collectively allowed and caused abusive, malicious, hateful acts resulting in severe physical harm to Mr. Anthony Passaro, Jr., causing the deterioration of his medical condition, which has lead to him being literally bed-ridden and unable to vocalize. He no longer has the ability to speak.

Additionally, the acts of these individuals has also caused Mr. Passaro, Sr. a great deal of anguish and stress. This has lead to increased blood pressure/hypertension resulting in emergency room visits by Mr. Anthony Passaro Sr,, who feared and continues to fear for

the life of his only son, Anthony Passaro, Jr.

The afore-named persons also failed to effectively communicate as defined under the Americans with Disabilities Act, Anthony Passaro, Jr., being mentally and physically disabled, and his father, Anthony Passaro Sr., suffering from both prostate cancer and dyslexia (a comprehensive disorder), are unable to communicate as would able bodied individuals.


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