Friends, I’m truly touched that you would all honor our vision in your expressing your continued support- we currently are over 36MILLION +.
My God, we’ve seen an exorbitant amount of trouble lately. To that I ask that you all say a prayer so we may we be kinder to each other. And as I vowed to myself as a kid if I should ever make it, I would never be ungrateful and that I would always be kind. That should I ever be in a position of influence, I would have it in me to use it for good. Some may ask me why. I say, why not me?
Humanity that has inspired me to see the world with enough compassion that I may want to do something about all of the unfair things I see in it. And that is why we are honoring the abused, and all the victims of violence. KathyRinaldiHope is a force for good that is very close to my heart.
When people envision humanity, they rarely comprehend what it actually means. To me, it means having to choose, and I chose humanity- I choose all of you, and our children without hesitation.
To some it may seem noble, or to others it may seem self indulgent and a bit circumstantial. It may also seem most appropriate given my circumstance and all I’ve survived. It’s also often frustrating given my recent opposition. With pride aside and my deepest humility I see no other paths. I do not seek recognition but I do not expect such reservations either. Helping or the sheer act of attempting to end such outrages should not cost ones’s life. Life may be given, it cannot however be taken or at least it should never be.
But it’s also the world in which I belong and I believe we all have accountability. I’m also told each person has the ability to create change and that we all matter. There are however good people and we should all try to do what’s right in our own small way- in the best way that we know how.
For those of you who have looked beyond yourself, you know exactly what I mean. Maybe I’m naive but I do believe in hope, I do still believe in magic, and I do believe in fairytales. I believe that they can exist if we really want them to. If we’re prepared to work hard enough.
I believe that the world will not always be full of hatred and conflict, if we’re willing to sacrifice enough. That is what this life means to me. And in a way, that’s why I am an advocate. I have no army. I wish ill on no one. I may bear some resistance to aggression, but I’m always trying to be better.
I’m still just me, I’m still here doing what I do, trying to make a little difference in the world in the best way that I know how. But it wouldn’t be real life, or it wouldn’t be the fairytale, if there wasn’t someone trying to destroy it, or crush it, simply because it doesn’t please them, or simply because they can.
I know that some think it’s their right to do so. But I don’t think anyone should have the right to crush happiness or hope when they see it. That’s not how I was raised. That’s not the world I wish to be a part of.
I believe in kindness. And I believe that it’s hope and love that can bring us together. It’s love that will make us put away our guns, and our politics, and our fears and our prejudices. And it’s love that will eventually make everything right. And that is why I’m going to continue to celebrate it, and I’m going to be willing to defend it. And hope that you will all do the same in your own way, out there in your own lives.
John M. Rinaldi
Sandy HooK Memorial
To all the thousands upon thousands of people who came to Sandy Hook, to express their support, their love, and compassion... you may recognize Henry.
Henry, as seen above, was one of the Sandy Hook Memorial rescues- some may even say he was the crown jewel of the memorial. He certainly was the biggest, and the best!
Henry stood guard, opposite the tree, and right in front of the Italian restaurant right in the center of Sandy Hook’s center.
With permission from Newtown leaders, and assistance from those policing the memorial, 3 of us memorial volunteers had rescued dozens of Sandy Hook Memorial items to be placed in the proposed (and accepted) Sandy Hook CenTer.
From the Sandy Hook center to The Sandy Hook CenTer.
Other rescues have found homes with:
Hugh Jackman, Sarah Jessica Parker, Liv Tyler, Julianne Moore, Ricky Martin, Anderson Cooper, Dr. Oz, + Brooke Shields.
As many of you know, Ms. Shields was offended by the request, and misspoke in court claiming it (the one stuffed Bear-Chuck sent along with a tree-trimming invite) was an unwanted, and harassing gift for Ms. Shields’ two children.
Suffice to say it was a lie- Perjury actually. The instructions were clear, hold onto the Sandy Hook rescue, and bring it to Newtown at the Center’s ribbon cutting.
To Ms.,Shields’ security team, Gavin de Becker, Chuck is NOT your property, nor is it Brooke’s! It belongs to Sandy Hook.
His return is demanded, and shame on you!!
HENRY, is just one of our many proofs of misconduct, and Suborned Perjury of the Manhattan District Attorney’s office, computer forensics is another, (NY State DMV appointment made days in advance Ms. Shields’ claimed I had followed her to the West Side highway when in fact, II had an on-the-books appointment in a State building..) as is the many pieces of discovery taken from my web-sites- both business and personal, and social media. By publishing The who, what, where when.. brings further proof/to light that ADA Anjelica Gregory knew the facts, yet chose to bastardize opportunistic justice to fit her own twisted narrative.
Dear Governor Cuomo, I am 'Kalief Browder.’ My back-pack is a Hallmark sponsored invite to Sandy Hook's tree trimming on the first anniversary.
I am Emmett Till, who’s demise was at the hands of a liar.
Please Sign: #CriminalJusticeReformBill
Until all our black, brown, + most vulnerable are treated fair, there is no justice.
NO GOOD DEED.
As most of you are aware, (our 35Million + friends/supporters) we came to Sandy Hook after NBC’s Ann Curry asked the world to do an Act of Kindness for Sandy Hook. Having met her at my NYC gym, I accepted and raised her by pledging 26 Days of Kindness.
In 1986, I was struck by a drunk driver as a pedestrian going 55mph at the least resulting in breaking my neck, c3 + c5- laying me up for more than a year.. Bored as one would imagine being housebound, there was never contact between myself and Ms. Shields as there was no reason- at age19, I was no longer a child and therefore had grown out of adolescent idol worship. Besides, Mrs. Teri Shields at that time had become friendly with my family and in doing so became people. (or so I thought..)
It wasn’t until I launched a national children’s non profit that I reached out again because fighting child abuse should be everyone’s concern. Besides, the Shields’ were pivotal in having my abuser prosecuted.
In 2003, I had met Chris Henchy after a Broadway Show- a show where they had brought me up on stage.. I introduced myself to ‘this guy’ and he then pulled me about 12 feet and placed me in front of Brooke Shields- with hands on each arms as of presenting me. This is the guy who had sent the Smythson of Bond Street ‘Keep-Sake Box’ to us. Brooke responded at first with a scolding having spent an exorbitant amount, and then slyly declared she’d not be sharing the gift because it was too nice!
We hadn't run into each other again until I passed her in the neighborhood- apparently she has been living within 2blocks of me for several years. She lives 4doors from my pharmacy of over 20years, and a half a block from my favorite coffee-shop. (I sit almost daily for a good 3, 4, 6 hours as I advocate against the many ills facing our children..).
In the neighbirhood, I had seen this woman walking the Henchy children, and at another time I had asked to send an invite to honor Sandy Hook after declaring we were the first organization to assist Sandy Hook as first responders offering trauma/PTSD support. After the approval, the invite was sent, along with a Sandy Hook official Rescue- complete with instructions to attend a Hallmark sponsored tree-trimming event, and the ask of supporting The Sandy Hook CenTer build. (we also asked if it was ok if we check back, and again were given permission by a nanny named Kelly from Boston. She shared with me she grew up in Massachusetts in our small talk..)
in 2015, I had passed Ms. Shields as I was walking into my favorite coffee shop, and I offered up a coveted spot... I later marked my car in a humorous way as only she should recognize- just a few months prior she had given me a signed copy of her book- 2 books actually. In it had a signature that she had provided from an event her team had invited me to.
I had had a scheduled appointment downtown at the Wall Street DMV, and when I returned expecting to find an XX, I found my car vandalized so I went to social media. I admit, I shouldn’t have gone public, but at the same time.. you don’t touch a man’s car! Also, her and her team ARE AWFUL. I had simply had enough.
Living in Manhattan’s West Village, we have many well known people. We also have many of the world’s elite. We do not see celebrity, we see our neighbors. And when you’re back stage with Meryl Streep talking hockey while watching Paul McCartney rehears, have 2beers with Denzel Washington at Ray Leonard’s 40th, invited to lunch with the Gyllenhaals, are Shania Twain’s date, discuss strategy with Madonna over Mexican food, invited as a personal guest of Rene + Celine Angelil’s, dinner and a show with the Estefan’s, have coffee at the Costner’s, and kissed by Ricky Martin, and Julie Moore, Halle Berry slips you her number, and Rene Zellwiger calls you for a date... you are not impressed with celebrity- it’s your world.
I was mentored by Michael Ovitz, and cut my teeth in the mail room of CAA.. until Mr. Ovitz introduced me to Joann Barron Acting School, and then to Rob Reiner for A Few Good Men.
It turns out I didn’t like being in front of the screen. A year or so prior to auditioning, a young actress was killed just a few doors down from me (just three days after arriving to LA from NY) from a psychopath stalker guy. Being at the scene, I’ve been told had a traumatic effect- I loved the craft of acting, but I hated the attention of being center stage.
After meeting Matthew Broderick at another Hollywood party over many drinks, he introduced me to Young Artist United and I immediately left acting for philanthropy.
They question our legitimacy because we don’t accept money. My answer to that is we are not trading in currency, we are trading in humanity! The non profit sector has been destroyed by too many’s self serving greed. We wanted to lead by example.. we wanted to serve, not create PAC’s. (PACs that I find offensive when too many who give are struggling themselves..
I also suffer from a brain injury and suffer CTE- like results.. I’m often quick to react. I’m often impulsive. And ideas/projects are a struggle to remain in focus until completion..
For reasons above, it’s why I created this web site to act more as communication until SandyHookCenTer.org was launched after the re-opening of The Sandy Hook Elementary School.
We presented our ideas to the world out of respect to those directly affected by the worst assault on our babies this country had ever seen. We also published our ideas with the hopes of someone more qualified or better connected to join us...
We put the 26 families first, the town second, and everyone else last.
Thanks to NYPD’s 6th Precinct who went against Ms. Shields’ wishes of no harm nor charges filed, they intimidated and bullied and entertained ‘Malicious Prosecution.’ The ADA saw an easy win, and when I wouldn’t purjure a plea, Ms. Gregory Suborned Perjury.
When you release website, blogs, and social media- and I’m completely ‘pants down’ exposed (meaning you know who, what, where, when, & how.) you have the facts, you just choose not to present then.
Conputer Forensics were offered into evidence but denied.
Creepy behavior IS all over any tech device.
Brooke wasn’t a thought!
In fact, I’ve been in love with Steve since 1999. Was in a relationship w/Mikey. In another ‘relationship’ for over 20years.. Was in another relationship for 11years..
AND my baby sister Kelly had always- ALWAYS come first, our boy Anthony second, Rowan third, Sandy Hook 4th, the above 8th, and Real Eatate 9th.
Brooke became obsolete in 1985 when Madonna took over the world.
Ms. Anjelica Gregory told the court any reasonable person would be fearful.
No Ms. Gregory, only a self described hyper vigilant would.
If she didn’t want to support Sandy Hook, then she didn’t have to.
ps. The Attorney General became involved and we referred them to the New Haven CT FBI office who vetted us immediately after Sandy Hook.
NYDA’s office ADA Brent Furguson (really, really cute, btw..) makes repeated untruths to support ADA Anjelica Gregory’s Suborn Perjury assault to accuse Sandy Hook 1st Responder.
Mr. Furguson took an oath to pursue justice... not to bastardize the legal system. He should not be able to spread untruths and disrespect the court in his story telling.
I’ve lived in the same city as actress/model Brooke Shields for close to 30years, and in that time had only seen her 3times in the neighborhood living just 2blocks. My only crime was inviting her to a Hallmark sponsored Sandy Hook 1st Anniversary tree trimming event that honored the Sandy Hook 26, the building of a CenTer, support Newtown and work toward gun reform.
DISTRICT ATTORNEY COUNTY OF NEW YORK ONE HOGAN PLACE New York, N. Y. 10013 (212) 335-9000 CYRUS R. VANCE, JR. DISTRICT ATTORNEY
Honorable Leslie E. Stein Judge of the Court of Appeals New York Court of Appeals 20 Eagle Street Albany, New York 12207-1095
May 30, 2018 Re: People v. John Rinaldi Docket No. 2015NY030419
Your Honor: I am writing to oppose defendant’s application for leave to appeal to the Court of Appeals. Defendant made constant attempts to contact actress Brooke Shields beginning in the 1980s,
(I am fabricating to you in the hopes to oppose Sandy Hook’s first responder who came to Newtown within days of the horrific School Shooting. The wrongfully accused wrote fan letters from 1981-1984, and became friends with the hyper vigilant’s mother as both Mrs. Shields, and Mr. Rinaldi helped convict his childhood attacker. She later sent him a gift that he later returned upon the 80’s ICON’s Mother’s death.
***a friend of the wrongfully accused was Ms. Shields’ funeral home representative, Skip Daily, who had offered the wrongfully accused Ms. Shields’ private cell phone which he did not want or take. Upon Mrs. Shields’ friendship, Brooke became less a symbol and more of a person and it’s at that point, Ms. Shields was replaced with Madonna. The fascination absolutely ended in 1985, and the court has entered such proof into evidence.
At at that point, Madonna went up in my dorm, and Carol Alt was added to my first apartment to throw my room mate, Mark Martin off. I had then moved on to boys, so Ms. Shields was then nothing more than a first baseball glove...)
writing letters, making telephone calls, confronting Shields in person, and attending many of her Broadway shows.
(Phone calls- this proves that Mrs. Shields reached out to us, and called from an unlisted phone number... Mrs. Shields used a fax line that did not accept incoming calls.. so, Another LIE.)
Again, from 1981 to 1984... In 1986, I broke my neck after being hit by a drunk driver. Housebound for an entire year, not ONE attempt was made to contact Ms. Shields.
Contact resumed in 1991, as I launched an Abuse Prevention vehicle that garnered support from Oprah to the White House.. **see pic below.)
Not all Broadway shows were attended- despite my buddy owning one of the venues... 1. No one wants to hear her sing. 2. I don’t care about female bodie parts talking..)
(computer forensics proves this false- not even a second thought based on computer deep Fl dives.)
efforts led Shields’s security team to classify defendant as an “inappropriate pursuer”
(after the Sandy Hook invite.. they had no idea whom I was until after the Sandy Hook invite was sent..)
and direct Shields to report all of his contacts.
(GREAT! Paid for security lists nothing in the past 25years.)
The intensity of defendant’s efforts escalated between November 2013 and May 2015.
(November 2013, was the Sandy Hook invitations.. gun reform should be everyone’s concern!)
On November 8, 2013, he delivered a box to Shields’s home on West 10th Street, in Manhattan, containing a teddy bear and two letters from his purported charity.
(Skadden Arps 501 c3.. )
Two weeks later, defendant waited outside Shields’s home
***Two weeks later, after receiving permission- I followed up..
AGAIN with permission of Ms. Shields’ assistant, I had asked for permission prior to sending the Sandy Hook invite. Brooke suggested I had followed her to the West Side Highway.. I had an appointment at the DMV downtown.. so, that was another untruth.
‘when I did see Ms. Shields that day I was inside Starbucks which Brooke said in court and Starbucks history proves yet another untruth. )
with a framed picture of Shields as a young child
(given to me from Mrs. Shields’ mother..)
and tried to hand it to her, telling her it was a gift for her daughter, Rowan. Shields quickly moved past defendant, and her employee later told defendant that it was inappropriate to approach Shields’s house or contact Shields or her family. Yet defendant returned to Shields’s home twice in the next few weeks, one time following her down the street as she rode away from him on a motor scooter driven by her assistant.
(Anorher lie, I live 2blocks away, and I was coming out of Housing Works on one occasion, and my pharmacy of 20 years, 4doors down. )
A few months later, defendant approached Shields’s husband, Chris Henchy,
(passing him on my way to the pharmacy.. again... 1x in 18years is of course by chance.. receipt to pharmacy provided.)
on the sidewalk near their home.
(4 doors up and down the street.)
Defendant acknowledged that he had “spooked” Shields when he approached her; Henchy agreed and told defendant to “leave Brooke alone.”
(No, Mr. Henchy lied in court. He told me to not worry about it. I said to him, man to man Brooke has been kinda’ rude in the neighborhood.. was there anything I should know? Mr. Henchy said have a good day.. I did. Perjury under oath is a crime.. and based on discovery by prosecutor they submitted proof.)
In 2014, Shields continued to see defendant and his car near her home,
(she only saw me a few times in an 18 year span..)
and defendant also wrote to or about Shields on social media. For example, he used Twitter to send Shields a photo of a child, with the caption “my Rowan Sophia,” using the name of Shields’s daughter. In November 2014, defendant attended an event in which Shields was promoting a book she had authored; he sat in the front row and then used the question-and-answer session to give Shields a
(Rowan Sophia is my niece. They knew this based on their discovery but instead chose to mislead. And if they didn’t ‘know’ a basic fact, how could they then know anything else- other than their own narrative, of course.
DISTRICT ATTORNEY COUNTY OF NEW YORK Hon. Leslie E. Stein 2
gift and speak at length to her without asking a question.
There was no gift. And Ms. Shields apologized on her own volition for not having the time to discuss further.)
He later wrote on his blog that he found it unnecessary to ask Shields a question because he saw her “al[l] the time in the neighborhood.”
(I said us in the neighborhood look out for each other. By listing my blog- which was my Sandy Hook Website.. that proves they had accurate information and chose to Suborn Perjury. )
Shields began to see defendant more often in her neighborhood, and she sometimes saw his car parked outside his house “for days at a time.”
If that were true, her private security would’ve been informed..)
If Shields saw defendant while she was walking in her neighborhood with her daughters, she would avoid going home because she was fearful for their safety.
(she is a self proclaimed hyper-vigilant)
On May 3, 2015, defendant parked outside Shields’s home and sent her a Twitter message telling her that he had believed she was out of town, but that she should tell him if she wanted the parking spot in front of her home. Defendant later recounted that he offered her the parking spot again the next day in person while Shields was with her daughter Rowan, but she declined.
On May 5, defendant was waiting in front of Shields’s home when she returned home with her trainer. Defendant later tweeted that he saw Shields coming home and that she should be nicer to him.
(I live two blocks away and provided a Starbucks print out for the past 10months.. to coincide with my work on supporting Sandy Hook.)
The same day, Shields saw defendant’s car in the same spot in front of her home, this time with “Brooke” written in the dirt on his window in the same style as her signature. After her assistant wiped off the signature, defendant sent Shields a message on Twitter that said, “pls tell your faggy henchman 2not [sic] touch my car.”
(I assumed it was Brooke’s Assistant and it was done after funding my car vandalized.).
confirmed The same evening, Shields returned from an event with her assistant, and they saw defendant “rustling” around in the back seat of his car, which was still parked in front of her home. Her assistant approached the car to confront defendant, and defendant drove away. That night, Shields went to the police station to file a complaint.
(saying she didn’t want charges filed, or any harm.. she was being pro-active which I support.).
The next morning, a police detective approached defendant, who was sleeping in his car near Shields’s home, to tell him to stay away from Shields, her family, and her house, and to cease writing to or about Shields on the internet.
(I was in my car awaiting street cleaning. I was taken back because I was previously beaten to unconsciousness by Broward Police after having to call 911afyer a run away was unconscious.).
Defendant acknowledged the warning and was cooperative, but the detective saw him walk by Shields’s home later the same day. After that, the detective and another police officer approached defendant in a coffee shop and reiterated the warnings. Over the next ten days, defendant sent many online messages targeting Shields. He first posted online calling Shields a “bully” and referring to his Second Amendment rights. Later, he sent an e-mail to Shields’s publicist, saying he “never wanted to know” Shields, criticizing her “effeminate assistant,” and explaining that he decided not to attend some of Shields’s public events because of Henchy’s warning.
(ABSOLUTELY NOT TRUE.. I didn’t go to al the invites directly from her social media because there were 5 in a week- and I thought attending less than half was more than supportive.. also, Brooke gave to me two copies- not one, but two in which she signed them both with her instigating the small talk.)
The e-mail also discussed the murder of Rebecca Shaeffer, an actress who was killed by a stalker in the 1980s. Defendant was arrested on May 16, 2015.
(giving an example that I was not a creeper and that I found anyone imposing on another offensive.).
Defendant was charged with two counts of fourth-degree stalking, one count of first-degree harassment, and one count of second-degree harassment.
(After Legal Aid refused to offer a defense, refused my Sandy Hook supporters- the Kowalski’s, Newtown official Chris Kelsey, and the two Sandy Hook volunteers who were involved with the Sandy Hook Hallmark tree trimming event and who’s idea it was to send along Sandy Hook Memorial stuffed animals so that those who supported Sandy Hook could be invited to Newtown at a future ribbon cutting.)
After a bench trial in the New York City Criminal Court, New York County (Kevin McGrath, J.), defendant was convicted of all four charges and sentenced to sixty days in jail.
(ADA Anjelica Gregory, released blog, Sandy Hook website, and personal web sites that clearly defends that they had actual truths but willfully and knowledgeably stated otherwise.)
to Defendant appealed, arguing principally that the evidence was insufficient to sustain his convictions and that the verdict was against the weight of the evidence. He also maintained that his e-mail and other online messages should not have been considered part of the proof of his guilt because they constituted speech protected by the First Amendment. The Appellate Term, First Department, unanimously affirmed the conviction, holding that “[a]mple evidence” proved “that defendant engaged in a course of conduct from November 2013 through May 2015 that was reasonably likely to cause reasonable fear of material harm to the physical health or safety of the complainant.” People v. Rinaldi, 59 Misc. 3d 137 (A)
SANDY HOOK WAS/ IS A LEGITIMATE reason and we were a team of at least 6volunteers.).
DISTRICT ATTORNEY COUNTY OF NEW YORK Hon. Leslie E. Stein 3 at * 1 (App. Term 1st Dep’t 2018). The Court found that based on all of defendant’s actions, including that he “followed [Shields] when she left her house; ignored numerous warnings by family, security and the police to stop contacting her
(if you believe Mr. + Mrs. Henche.. police intimidated, so nothing they heard was comprehended.. )
. . . and sent her unwanted communications, including . . . an email to her publicist
(Whom I had a working relationship since 2002.. I was securing a continued dialogue to help support: 1. Abuse + Violence prevention. 2. Volunteer efforts.. 3. Sandy Hook.
in which [he] referenced an actress that had been murdered by a stalker,” the trial “court could rationally infer that defendant’s conduct was designed to hound, frighten, intimidate and threaten.” Id. The Court added that “[d]efendant’s remaining arguments, to the extent preserved for appellate review,” were “unpersuasive.” Id. at *2.
(No reasonable person would have felt this. Brooke is a hyper vigilant who wrote- in a book that she gave me personally.. 2in fact.. that claims she is hyper vigilant and provided page after page of unreasonable reactionary behaviors.)
(ADA suggested that ‘my behavior’ would scare any reasonable person..
Yet, Juliane Moore hugs and kisses me. Hugh Jackman worked out with me. Jake Gyllenhaal invited me to lunch with his parents. Sarah Jessica Parker referred me to her assistant and we planned a PSA on the View with Brian Balthazar, Exec Producer of The View. Liv Tyler asked me to help her move in a desk for her child. Ricky Martin kissed me. Michelle Obama referred me to Joe Biden and Mr. Biden had Jillian Doody offer the support of the White House. + Anderson Cooper had me on his show..
In his leave letter, defendant contends that his actions were not “sufficiently connected or continuous to establish a course of conduct” necessary for a stalking or harassment conviction (Leave Letter at 9). In addition, defendant argues that the use of his “social media missives” to prove the charges violated his First Amendment rights (Leave Letter at 6). However, defendant’s First Amendment argument is unpreserved, and all of his claims lack merit. To begin, as the Appellate Term found, the evidence amply proved that defendant engaged in a course of conduct designed to harass and intimidate Shields. In fact — as detailed in the People’s Appellate Term brief, and as summarized briefly above — defendant hounded Shields, both in person and online, over a period of 19 months. The trial judge soundly rejected defendant’s arguments that he had some sort of personal relationship with Shields, or that he failed to realize that is contacts were unwelcome, and that finding was supported by a wealth of evidence. Indeed, as the Appellate Term found, “defendant repeatedly appeared at and lingered around Shields’ home,” Rinaldi, 59 Misc. 3d 137 (A) at * 1, for no legitimate purpose, intimidating Shields and placing her in fear. And, all the while, he stalked her on social media, posting aggressive and intimidating messages at times, and even accosted her at a publicity event. He claimed familiarity with Shields’s children, wrote her name in the dirt on the window of his car, and reminded her of his “Second Amendment” rights. Thus, contrary to defendant’s contention, this case does not present any credible argument that he engaged in “infrequent and temporally diffuse contact” that did not rise to the level of a “course of conduct” (Leave Letter at 9 (quotation marks omitted)). Similarly, defendant is wrong to claim that he was punished for “expressing his views about Ms. Shields,” in violation of the First Amendment (id. at 7). At the outset, this claim is unpreserved and is therefore beyond this Court’s review power. See People v. Hawkins, 11 N.Y.3d 484, 491 (2008). While defense counsel made two passing references to “protected” speech when discussing evidence at trial, he never mentioned the First Amendment, and he certainly never moved to dismiss the charges on the ground that they were based on speech protected by the Constitution. Thus, his argument is not preserved for this Court’s review. See id. at 492 (“To preserve for this Court’s review a challenge to the legal sufficiency of a conviction, a defendant must move for a trial order of dismissal, and the argument must be specifically directed at the error being urged.”) (quotation marks omitted); People v. Baumann & Sons Buses, Inc., 6 N.Y.3d 404,
DISTRICT ATTORNEY COUNTY OF NEW YORK Hon. Leslie E. Stein 4 408 (2006) (explaining that “a constitutional claim in the guise of an argument that the accusatory instrument is facially insufficient” must be preserved).1 Even if defendant’s claim were preserved, he is wrong to assert that this case presents a leave-worthy issue. Contrary to his claim, there is no threat that his conviction for stalking and harassment “will open the door to prosecution of a wide swath of speech about public figures” (Leave Letter at 8). Instead, had the First Amendment issue been argued below, it would have called for a straightforward application of People v. Shack, 86 N.Y.2d 529 (1995), in which this Court set the standard for as-applied challenges to harassment or stalking convictions involving some speech. In Shack, the defendant was convicted of aggravated harassment after repeatedly making phone calls to his cousin, who had told him to stop calling. In response to his First Amendment challenge to the conviction, this Court noted that “[a]n individual’s right to communicate must be balanced against the recipient’s right ‘to be let alone’ in places in which the latter possesses a right of privacy,” noting that “the privacy right may ‘plainly outweigh’ the free speech rights of an intruder.” Id. at 536 (quoting F.C.C. v. Pacifica Found., 438 U.S. 726, 748 (1978)). This Court analogized the defendant’s calls to a person sending unwanted mail, noting that the First Amendment did not allow “communications to be foisted upon an unwilling recipient.” Id. at 536 (citing Rowan v. U.S. Post Office Dep’t, 397 U.S. 728, 736 (1970)). Finally, this Court explained that the defendant was not convicted “for engaging in protected speech; his liability arose from his harassing conduct, not from any expression entitled to constitutional protection.” Id. This was because the trial evidence showed that defendant called the victim “with the intent to harass, annoy, threaten or alarm her and that his calls were made with no legitimate communicative purpose.” Id. at 537.2 1 Contrary to defendant’s argument to the Appellate Term, his motion for a trial order of dismissal did not properly present the First Amendment question to the trial court. During his motion, defense counsel made an argument about the types of conduct that lacked a “legitimate purpose” under the stalking statute. He argued that criticism should qualify as a legitimate purpose, because “Americans are, after all, free to criticize one another,” citing People v. Bethea, 1 Misc. 3d 909 (A) (Crim. Ct. N.Y. County 2004), and People v. McDowd, 3 Misc. 3d 380 (Sup. Ct. Nassau County 2004) (Trial Tr. at 274-75). But critically, defendant confined his argument to the statutory definition of “legitimate purpose” and did not make a freestanding claim based on the First Amendment. Indeed, defendant did not even make any reference to the First Amendment (or the fact that Bethea and McDowd mention the First Amendment). Defense counsel’s discussion was thus insufficient to preserve his current appellate claim. 2 Since Shack, New York courts have consistently affirmed stalking and harassment convictions even if part of the criminal conduct at issue included speech or other expressive activity. In People v. Carboy, the defendant was convicted of stalking in part because he made t- shirts displaying degrading photographs of the victim accompanied by “derogatory, vulgar or suggestive comments.” 37 Misc.3d 83, 84 (App. Term 2d. Dept., 9th & 10th Jud. Dists. 2012). The Court rejected his First Amendment argument “because defendant’s criminal liability arose not from his expression of speech but from his repetitive trespass upon the complainant’s privacy.”
DISTRICT ATTORNEY COUNTY OF NEW YORK Hon. Leslie E. Stein 5 Here, as in Shack, defendant’s convictions “arose from his harassing conduct, not from any expression entitled to constitutional protection.” 86 N.Y.2d at 536. Once again, defendant repeatedly stalked, harassed, and intimidated Shields, both in person and online, over an extended period of time. Defendant had no First Amendment right to bombard Shields with a steady stream of public and private messages — some of which included abusive language and veiled threats. Further, defendant’s effort to equate his messages with legitimate communication about public figures fails. His messages, which included references to his Second Amendment rights and an actress murdered by her stalker, were, like the communications in Shack, intended to harass a specific victim; they were not constitutionally protected speech important to the public discourse. Notably, too, defendant’s online posts about Shields were properly received as evidence for an independent reason: they demonstrated that defendant knew his contacts were unwelcome and added to Shields’s reasonable fear of harm. In that regard, defendant’s posts showed that he knew Shields had rejected him and his angry rants created a climate of fear. Thus, defendant’s various communications and posts were properly received in evidence, and no First Amendment issue is presented for this Court to review.3 ** * In sum, defendant’s current appellate claims are partially unpreserved, and, in any event, do not present leave-worthy issues. Therefore, defendant’s leave application should be denied. cc: David Bernstein Center for Appellate Litigation 120 Wall Street, 28th Floor New York, NY 10005 Respectfully, Brent Ferguson Assistant District Attorney (212) 335-9303 Id. at 86; see also Dennis v. Napoli, 148 A.D.3d 446, 447 (1st Dept. 2017) (rejecting argument that comments concerning plaintiff’s sexual habits were constitutionally protected, because they “unnecessarily intrude[d] upon [plaintiff’s] right to privacy”); People v. Brown, 61 A.D.3d 1007, 1009 (3d Dept. 2009) (rejecting First Amendment challenge to stalking and harassment convictions based on phone call). 3 The stalking and harassment statutes at issue here contrast sharply with those that target “pure speech” rather than conduct that may contain a speech element. See People v. Marquan M., 24 N.Y.3d 1, 7 (2014) (cyberbullying statute swept up a “broad spectrum of speech”); People v. Golb, 23 N.Y.3d 455, 467 (2014) (second-degree aggravated harassment statute criminalized “any communication that ha[d] the intent to annoy”).
pur·port verb past tense: purported; past participle: purported pərˈpôrt/Submit appear or claim to be or do something, especially falsely; profess. "she is not the person she purports to be" synonyms:claim to be, profess to be, pretend to be..
#BrentFurgoson ‘s morally corrupt, sniveling attempt to denigrate falls short.
Incorporated in 1997 by Skadden Arps, Child Hope; dba Sandy Hook CenTer, is a grass roots initiative who’s goal is to re-create the non-profit sector and to forgo PAC’s.
We appeal to a person’s sense of duty as opposed to asking for a donations- (usually a $3.00.00 ask.. you get them daily- I;m sure!).
12.14.2012: Sandy Hook Elementary School Shooting. 12.21.2012: www.theSandyHookKudsCenter goes live to act as an information site, and to provide full transparency to a town going through such devastation. 06.08.2014: SandyHookCenTer.org (professional site to launch after Sandy Hook Elementary School re-opened.) 05.05.2015: Brooke Shields’ Assistant vandalized car, and takes to social media to voice complaint. 05:05:2015: Ms. Shields makes police aware, states she didn’t want any harm, nor charges filed. 05:05:2015: NYPD 6th Precinct /. NYDA sees opportunity for a high profile win.
For 21/2 years offered disorderly conduct. I said, no way would I harass, and no way would I purjure myself to get away with something I wouldn’t do.
Going public, I thought we’d get more support for gun reform, I didn’t expect for the ADA to Suborn Perjury. Nor, Brooke or her husband to lie under oath.
2006, ‘while enjoying a great week at The Atlantic Hotel, we came across a run-away who was unconscious.
Due to fear for the boy’s safety, I called 9/11 and was meeted with the hotel suite’s door broken down and within minutes I was beaten unconscious.
So, when Police surround you for no reason, any and everyone would go into fight or flight. I could give a fuck about Brooke. I won’t be unjustly bullied, by anyone. And if s cop has to fabricate a charge, and an ADA Suborned Perjury, well it’s on them!
We become traumaruzed- reactions are survival.
The NYPD killed Kalief Browder and
The NYPD killed me.
My Hallmark sponsored Sandy Hook invite is Kalief Browder’s alleged back-pack.
RIP Kate Spade.
It’s not enough that we may or may not know a person’s pain or circumstance.. we must also not make any assumptions.
Suicide isn’t just mental illnessss, it can also be a numbers game, and some times it’s simply that you’ve had enough, and the level of the quality of one’s life. You also can’t live without honor.
Good thing I’m one god damn samurai!
Suicide is sometimes the only option, and it’s not always about pain but taking control . It could also be a direct result of what someone may have done- where there’s no place to come back from...
Brooke Shields and I had a disagreement- she just lied and used the police as her own private security.. for control. We see it in the news every day.. but from a self prescribed hyper vigilant, the definition alone is not credible. But, she’s a celebrity. She didn’t want any charges, nor harm to come as stated by her so essentially there was no harrasment.. only lies.
To win win a ‘Bad Case’ the Assistant District Attorney Anjelica Gregory Suborned Perjury. • the ‘prosecutor’ released documentation from web sites that clarified legitimate work towards gun reform. AND innocents associated. YET they chose to NOT TELL THE TRUTH, knowing full well it was false. (again, proven by prosecution in court by listing my social media, and my web-sites..) • Chris Henche said he had only met me in 2014, when in other prosecutor documents they supply proof that it was actually 2003. (Chris Henche had told me that I ‘HAD-TO’ meet his famous wife.. he dragged me across the room, and she scolded me for spending too much money on a baby gift. She then said how much she loved it, and wouldn’t be sharing it! We all laughed and as I said my goodbyes, I put one hand on his chest, and the other a slow motion fist pump to his opposite shoulder!)
My crush, if I were to have had one would’ve been with Mr. Henche by-the-way! (when he was thinner of course 2003..). But, didn’t think of him again twice!! (I do have a thing for red-headed dudes!).
I am Kalief Browder.. or I soon will be!
My back pack was a Hallmark Sponsored event in Newtown for Sandy Hook’s first anniversary.
Hugh Jackman was invited. Sarah Jessica Parker was invited. Liv Tyler was invited. Andersin Cooper was invited. (proof provided on line.. again further proof of Suborn Perjury.)
But with all the abuses of power in the Manhattan Attorney General’s office, and alleged corruption within the Manhattan DA’s office is it really wonder they would become the criminals themselves? I was made a criminal for doing what the entire world was asked to do. I was the first one to supper Sandy Hook... it was my paying it forward from my loss on 9/11. Graham Berkeley... my buddy whom I had just spent the weekend with and whom invited me to move back to Boston.. I didn’t join him on that flight because I was wrapping things up.
I never did move back home...
On 12.14.2012, Ann Curry asked the world for an act of kindness for Sandy Hook- knowing her from my gym I chose to one up her and to do 26Days.. I went to Newtown, and stayed until the memorial came down... which was 14. It was 14 days in Sandy Hook, and every day since. I haven’t stopped.
Our proposed Sandy Hook CenTer is now Newtown Community Center/ Old Age Home.. We were honoring the 26 families first, sans Brooke they now will play Bingo. The 26 families are barely a thought..
I’m currently working with Akeem Browder who lost his brother to criminal justice abuses- similar to me we were both denied bail to Manufacture Revenue. In addition to Gun Reform, I will also fight to ensure the abuses of power stops and those abusers are held accountable. We will also work toward preventing the discriminated practices against the black + brown community.
Although, I am white- I gladly denounce my privilege. I say this with great sarcasm. But, the truth is it’s true.
I chise to not hire a $75,000 Attorney because I’m Italian and my family isn’t ‘squeezed.’ I also hadn’t been familiar with the NY justice system and I believed Legal Aid would be just. They are not- or at least mine were not. I also didn’t expect the prosecutor to become the criminal- think Showtime’s Billions.
Seriously. Chuck fkn Rhodes!
When/if I’m found dead, remember... I’m dead because ADA Anjelica Gregory suborned Perjury.
I’m not mentally ill, nor home crying.. AND NOT SUICIDAL. But, my life IS a numbers game.. I stood up for myself because the 6th Precinct hadn’t earned the respect, and they didn’t like it. It’s my neighborhood.. of 20years. Also, Brooke couldn’t be serious... she told the world she’s hyper vigilant = non credible.
Luke I said, I’m not crazy, nor home feeling hopeless. I haven’t been shy about my philanthropic work and everyone who knows me knows Brooke lied!
•I’m actively working on Gun Reform- specially invited (and then uninvited) by Alyssa Milano- a former co-worker.
•Red Hands- a movement inspired by and with Mr. Al Hoffman Jr.
•We Are The World NEVER AGAIN with Lionel Richie (hopefully.. Ms. Brenda Richie and I have been talking Gun Reform since 2013..)
It’s a numbers game, like I said! I’ve risked it all on my successes because I believe in something so much greater than myself.. and, I’d gladly play the martyr.
Im proud to stand up as other heroes like Jane Fonda, and recently Shailene Woodley have. If you’re not willing to die for something, it’s probably not worth doing.
I did syandvup fir myself.. I had 100,000 followers, and I knew if I went public it’d help attract fellow advocates to gun reform.
I now now have over 35,000,000. 35 MILLION +.
ITS BULLSHIT! BECAUSE THEY OFFERED ME A DISORDERLY- a slap to the wrist. Which means that they didn’t have a case- (to offer a free pass when they used children as pawns.. is too offensive..)
I chose to advocate for those who’s voices were drowned out (or choked like the recent girl on the NJ beach).
It’s been my decision to put it all on Black, and it’s a privilege. Besides, anything past 9/11 has been a gift... anything since breaking my neck has been a gift. In actuality, my life should’ve ended on September 26, 1986 when a drunk driver hit me... but it didn’t.... what else would/should I be doing than paying it forward???
Surviving the unsurvivable gave my life meaning- meaning I’d gladly give my life for.
If if I die...
It’ll be because NYADA Anjelica Gregory suborned Perjury, Brooke and her husband, and Lieutenant Blake lied in court. The NYAG intimidated, and the Apelate court chose to look the other way.., because, after all. The truth is here... it’s always been here. It’s another example of Suborning Perjury.
Proof is by Computer Forensics, physical proof of Sergeant assault, and that the prosecution built a case from 5May 2015 backwards which is why there dates and accounts don’t match up.
Proof is in the KathyRinaldiHope.com website. (Which was not entered by prosecutor.. because it had expired in 2014 and since brought back to life..)
Anjekica Gregory, you are more of a criminal than those you prosecuted. You knew the truth, obstructed justice, and coached liars. You were entrusted to be a guardian of justice but are nothing more than a cheap opportunist.
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