This is what emerged
on May 21 in a telephone
conference before U.S.
District Court for the
Southern District of New
York Judge Katherine Polk
Failla. Inner City Press
called in to the proceeding
and when asked, identified
itself.
Then the municipal
lawyer defending the
corrections officers asked
to know which reporter it
was. During an in-person
court proceeding this would
not happen. But here is what
did happen:
Anthony
Casiano has sued for
mistreatment in prison at
the Anna M. Kross Center in
East Elmhurst, New York.
Judge Failla politely
asked Casiano when he was
employed, before his porter
job on 94th Street.
"I was younger then,"
he said.
Judge
Failla quipped, We all were.
Casiano said that
before that, he killed
bedbugs off the books.
Judge Failla asked,
And before being a bedbug
specialist?
Corporation Counsel
Stephanie De Angelis wanted
to know where Casiano was a
porter.
Judge Failla said, If
you remember in the middle
of the night, fill out the
release and send them to
her.
Casiano replied, I
filed income tax, that one
time in my life.
The question arose,
how can Mr. Casiano, who is
incarcerated, see video of
incident?
The Corporation
Counsel said, of the Auburn
Detention Center, There is a
DVD player there, but it is
only for trainee videos.
Judge Failla told
her, I wish you could see my
face, to see how shocked I
am. One DVD player that
can't be used for discovery?
Corp Counsel De
Angelis said, If your Honor
can issue an order to Auburn
Correctional Facility...
Judge Failla asked
Casiano, Would you mind,
sir?
Casiano said find,
It's something about the
software. I wrote
grievances. The media center
has broken equipment... They
denied my grievance, saying
there's no law requiring
them to have CD or DVD
viewer. I appealed. I'm the
only inmate having this
problem.
Judge Failla asked
him, Do you mind if I or my
staff speak to the Auburn
Correctional Facility staff?
Casiano said, Please
do.
Judge Failla asked,
What if Corporation Counsel
Stephanie De Angelis
contacts Auburn Correctional
Facility?
Casiano replied, I
would rather you do it, a
court order, Federal
Judge... They are opening my
mail. And the correction
officers are asking me why
I'm on this call. They say,
"He's an officer-suer." They
don't let me out of my cell.
I'm being targeted by the
Department of Corrections. I
was cut in my face and these
officers did nothing.
Judge Failla pivoted,
Ms De Angelis, it's my
understanding that legal
mail is not to be opened.
Corp Counsel De
Angelis offered, Auburn is a
state facility.
Casiano continued,
They are supposed to open it
in my presence. And put it
in contraband if they need
to.
Judge Failla asked,
How can Mr. Casiano identify
the other John Doe
defendants without seeing
the video? What about an
extension?
The Corp Counsel
said, He's looking for an
additional video. There is
none.
Judge
Failla asked, Has the
footage been over-written?
The Corp
Counsel said, It is only
saved if there is an
incident.
Judge Failla
explained, For me, if I go
to the courthouse, they have
to let me in. Ms. De
Angelis, can you access the
Law Department?
Ms. De Angelis
replied, No.
So the case was put
off until Corporation
Counsel De Angelis is
allowed by Mayor De Blasio
and Governor Cuomo to access
her office and send the
video to the defendant.
Now on July, this:
"Re: Anthony Casiano v.
City of New York, et al.,
19-cv-5226 (KPF) (RWL)
Your Honor: I am an
Assistant Corporation
Counsel in the Office of
James E. Johnson,
Corporation Counsel of the
City of New York, and the
attorney assigned to the
defense of the
above-referenced matter. I
write pursuant to the
Court’s July 10, 2020 Memo
Endorsement which directed
defendants to provide the
Court with a status update
as to the parties’ efforts
to identify the individual
plaintiff attempted to
name in listing M.H. Form
as a defendant, on or
before July 23, 2020. (See
Civil Docket Entry Nos.
101, 117). Pursuant to the
Court’s July 10, 2020 Memo
Endorsement, this Office
provides the
following: The
undersigned has been able
to view the video footage
at home and based on that
video footage and the Use
of Force Package, the
undersigned has
identified, upon
information and belief,
all individuals involved
in the altercation
described in the Amended
Complaint. With that
information, the
undersigned is speaking to
Mr. Casiano on the
telephone on July 24, 2020
in order to confer in an
attempt to identify the
individual plaintiff
attempted to name in
listing M.H. Form as a
defendant."
The
case is Casiano v. Smalls,
et al., 19-cv-5226 (Failla).