Saturday, October 13, 2007

City of North Tonawanda School District: Perverting the Course of Justice

The Standards: It is a criminal offense to intend to pervert the course of justice. In United States jurisdictions Obstruction of Justice refers to the crime of offering interference of any sort to the work of police. Obstruction of Justice charges are laid when it is discovered that a person questioned in an investigation, who is not a suspect, has lied to investigating officers; they act in such a manner that prevents justice being served on either themselves or on a third party.

The Truths: On October 26, 2005, I learned in a telephone conversation with Detective Karen Smith, Juvenile Division, City of North Tonawanda Police Department, that Principal Fisher, North Tonawanda High School indicated to her that he never saw the written death threat in Michael's planner and that she had to show him a copy of hers. I also learned from Detective Smith that it could take weeks, or even months, for a fingerprint analysis of Michael's NTHS Day-planner, and that a handwriting sample would not be done because it is too expensive.

I sent a letter of confirmation to Detective Smith on 30 October 2005, reconfirming the points of our telephone conversation, that included the following excerpts:

"3. That you met with Mr. Fisher, Principal, NTHS, and he indicated to you that he never saw the written death threat in Michael's planner, and that you had to show him a copy of yours."

"If the foregoing does not meet with your understanding of our telephone conversation, please let me know in writing."

To this date, I have not received any correspondence from Detective Smith that our telephone conversation of 26 October 2005 did not meet with her understanding of our conversation. Furthermore, Detective Smith proceeded to fax "copies of her police report, which included a copy of the message written in the agenda planner." to Principal Fisher on 13 October 2005 (Respondent's Affidavit, #23, Case No. 10108712, NYS Division of Human Rights) and failed to bring charges against Principal Fisher for Obstruction of Justice.

Paragraph 23, in its entirety reads: "Upon speaking with Det. Smith on October 13, I learned that Mrs. Mangus had contacted Det. Smith to file a report that Michael had been threatened at school. Det. Smith sought any additional information beyond that which Mrs. Mangus and Michael had already provided to her, which was limited to the written message in the agenda planner. I replied that I did not have any additional information and that it was highly unlikely that I would be able to identify the individual responsible given the limited evidence and circumstances to which the agenda planner was subject prior to being returned to Michael. Det. Smith agreed. I also indicated that my schedule for the previous afternoon had not yet allowed me to further the investigation, noting that Mrs. Mangus would not leave the planner for me to review. Det. Smith faxed copies of her police report*, which included a copy of the message written in the agenda planner." (Respondent's Affidavit, #23, Case No. 10108712, NYS Division of Human Rights).

The facts are: Principal Fisher could not have "learned that Mrs. Mangus contacted Det. Smith to file a report that Michael had been threatened at school." because I filed a Complaint of Aggravated Harassment, on behalf of Michael, with the City of North Tonawanda Police Department on 12 October 2005 at 3:00 p.m. with an intake officer (ID No. 163) who indicated to me that the Complaint would be forwarded to the Juvenile Division (Rebuttal, Case No. 10108712, Exhibit B, NYS Division of Human Rights). Furthermore, neither Michael or I had met Detective Smith previous to 14 October, 2005, when she met with us in our home to discuss the Complaint and review the agenda planner (North Tonawanda Police Department Property Record, Complaint No. 05-20427, 10-14-05). Additionally, Principal Fisher never asked for me to leave the planner for review. After reporting the violation of the Code of Conduct on October 12th 2005 to Principal Fisher, and pursuant to North Tonawanda City Schools District Code of Conduct Section 14. Reporting Code Violations (2005-2006), I proceeded with Michael to the Attendance Office to sign Michael out of school. At this time, the attendance clerk made a copy of the written death threat in Michael's NTHS day planner.

The reason for the early release: threat against life.

By hand delivered correspondence dated 14 October 2005 to Principal Fisher and copy to Detective Smith and Dr. John George (retired Superintendent of City of North Tonawanda School District), Principal Fisher and Detective Smith were given sufficient information to aid their investigations (Rebuttal, Case No. 10108712, Exhibit C, NYS Division of Human Rights).

*The "police report" Detective Smith released to Principal Fisher without authorization from me was in fact North Tonawanda Police Dept. New York State Incident Report No. 20427, dated 12 October 2005 (Rebuttal, Case No. 10108712, Exhibit B, NYS Division of Human Rights).

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