Tag Archives: appeal

Mayor de Blasio files to drop city’s stop-and-frisk appeal


| lguerre@queenscourier.com

Photo via Twitter/@NYCMayorsOffice

Mayor Bill de Blasio’s administration filed papers on Thursday to drop the city’s appeal of a judge’s decision to reform the NYPD’s stop-and-frisk policy.

Under the court papers, which were filed in the 2nd U.S. Circuit Court of Appeals in Manhattan, the city came to an agreement with the plaintiffs in the ongoing case against stop-and-frisk, Floyd vs. City of New York. 

“This is a defining moment in our history. It’s a defining moment for millions of our families, especially those with young men of color,” de Blasio said. “This will be one city, where everyone’s rights are respected, and where police and community stand together to confront violence.”

U.S. District Judge Shira Scheindlin ruled last year that the Police Department had discriminated against minorities with stop-and-frisk, and ordered that monitor oversee the NYPD and other reforms.

In the agreement announced today, a court-appointed monitor will oversee the NYPD’s reform of stop-and-frisk for three years.

The city filed to appeal the decision last year under former Mayor Michael Bloomberg.

Despite the city dropping the appeal, the case may not be over. When de Blasio was elected mayor last year, the Patrolman’s Benevolent Association (PBA) promised that they will seek to intervene and carry on the appeal if the city drops the case.

“We continue to have serious concerns about how these remedies will impact our members and the ability to do their jobs,” PBA President Patrick J. Lynch said. “Our goal is to continue to be involved in the process in order to give voice to our members and to make every effort to ensure that their rights are protected.”

 

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Vigil held for Barbara Sheehan


| mpantelidis@queenscourier.com

Vigil

Howard Beach residents have sent a clear message to Barbara Sheehan – “you are not alone.”

Over 100 people attended a vigil held at Ave Maria Catholic Academy, located at 158-20 101st Street, on Sunday, October 16 to express support for their neighbor. Barbara is currently in prison awaiting sentencing after being convicted of criminal possession of a weapon in the second degree for the shooting death of her husband, retired NYPD sergeant Raymond Sheehan, on the morning of February 18, 2008.

The overwhelming opinion among the crowd was that Barbara and her family had suffered enough at the hands of Raymond and that they deserve to be reunited.

“I don’t think she should be in jail; not at all,” said Christine Otoole, a friend of Barbara’s. “The poor woman was abused for 18 years. It’s very easy for someone to say that she should’ve reported it, but not easy to do when you fear for your life. I’ve never been abused but I can just imagine what the poor woman went through. I’m married to a police officer and he never has his gun out. So why was [Raymond’s] gun out? That guy was obviously a psychopath.”

Deacon Alex Breviario of Our Lady of Grace spoke at the vigil, preaching faith and cooperation.

“Our rule is not to judge, but to support others in their time of need. That’s why we are here tonight for Barbara and her family,” said Breviario.

Barbara, who faced 25 years to life in prison before being found not guilty of murder, could serve between two-and-a-quarter to 15 years behind bars depending on sentencing. Although the usual minimum sentence for criminal possession of a weapon in the second degree is three-and-a-half years, Barbara faces a reduced minimum sentence of two-and-a-quarter years due to the domestic abuse she suffered.

The 50-year-old mother of two surrendered to authorities on October 12, but her attorney, Niall MacGiollabhui, says an appeal of the conviction is imminent.

MacGiollabhui has submitted an application to the appellate division to allow Barbara to remain on bail pending her sentencing and the results of the appeal. As of press time, Justice Barry Kron had yet to make a decision regarding bail.

Members of the Sheehan family also attended the vigil and expressed gratitude for the encouragement provided to Barbara.

“I just want to thank everybody for their support during the last three-and-a-half years for what we’ve been going through, since everybody was there for us,” said Michael Henry, Barbara’s father. “We appreciate it and we love every single one of you.”

— Additional reporting by Nargas Karimi

Barbara Sheehan lawyers plan appeal


| mpantelidis@queenscourier.com

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The chapter of the Barbara Sheehan murder trial is complete, but the story’s conclusion has yet to be written.

Although the 50-year-old mother of two was acquitted of second degree murder, a jury of nine women and three men chose to convict her of criminal possession of a weapon in the second degree for the shooting death of her husband, retired NYPD sergeant Raymond Sheehan, on the morning of February 18, 2008 in their Howard Beach home.

“It’s sad what happened, but I had no choice,” said Barbara, who claims she was trying to escape from her house when her husband confronted her. “He aimed a gun at me. He tried to kill me, and I had to defend myself. I tried to get away, but he wouldn’t allow me to. At the time I thought that if I had a gun maybe he wouldn’t come at me, but that didn’t work.”

Barbara, who faced 25 years to life in prison before being found not guilty of murder, could serve between two and a quarter to 15 years behind bars depending on sentencing. The Howard Beach resident was very disappointed with the jury’s verdict, and her lawyers believe the decision to be inherently contradictory.

“Our opinion is that the jury’s verdict is inconsistent as a matter of law,” said Niall MacGiollabhui, one of Barbara’s attorneys. “If you act in self defense, then that is not unlawful. It is lawful to act in self defense, and it is lawful to use a weapon in self defense even if it is not licensed to you because your intention is not to use it unlawfully, but in self defense.”

Barbara was scheduled to appear in court on Wednesday, October 12 to surrender. MacGiollabhui says an appeal of the conviction is imminent, and he also intends to submit an application to the appellate division to allow Barbara to remain on bail pending her sentencing and the results of the appeal.

As of press time, it remained uncertain whether Barbara would be allowed to remain out on bail.

According to MacGiollabhui, the District Attorney’s office has a record of text messages retrieved from the cell phones of Barbara and her children and sent by Raymond on the days leading up to his death. MacGiollabhui says that the messages confirm that Raymond was threatening both Barbara and their children, and that they could prove to be vital evidence during the appeal.

Although the DA’s office advised the defense to contact Verizon regarding the records, MacGiollabhui says the telephone company is unable to locate them. The attorney also says the defense is constitutionally entitled to the records, and he will make a formal request to the judge that the evidence be shared if the DA’s office proves uncooperative.

“The DA put on a case that Barbara and her children fabricated the domestic violence,” said MacGiollabhui. “If they put on that kind of a case, while they had evidence in their possession proving that Barbara’s husband made threats to her, to me that’s utterly dishonest.”

MacGiollabhui says the appeal may last at least another year, meaning Barbara’s fight to preserve her life is far from over.

“It’s been very difficult,” Barbara said – moments after her trial went to jury. “It continues to be very difficult until it is over.”