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Supreme Court, 11Th Judicial District Volume 65, No. 142 MONDAY, NOVEMBER 4, 2019 50¢ Hindu NYers QUEENS push city to make Diwali TODAY a city holiday By Jonathan Sperling November 4, 2019 Queens Daily Eagle More than a dozen city councilmembers came together on Oct. 30 to celebrate Diwali, T OMORROW IS ELECTION DAY — the Hindu festival of lights, but many Hin- your last chance to vote in the 2019 general du New Yorkers and their advocates say it’s election for Queens DA and judicial time for the city to do more to recognize the candidates. Visit nyc.pollsitelocator.com to holiday — and the city’s rising Hindu pop- find your designated poll site. ulation. They have called on the city to make Di- wali a public school holiday, especially con- A 21-YEAR-OLD LONG ISLAND CITY sidering the rapidly growing population of man was convicted of murder Friday after residents from South Asia and the Caribbean. running down another man and fatally In recent years, the city has declared Eid shooting him in the back. Prosecutors say al-Fitr, Eid al-Adha and the Lunar New Year Javyn McNish chased his victim, Jerell as public school holidays in recognition of Lewis, 20, through the Ravenswood Houses City councilmembers celebrated Diwali in City Hall last week, but the Hindu festival of the influenceSee of various more religions on page and 16 cul- before shooting him and pistol whipping him. lights has yet to be recognized as an official public school holiday. Continued on page 7 McNish faces up to 25 years to life in prison Photo courtesy of the New York City Council when sentenced by Justice Kenneth Holder on Nov. 21. “THE DEFENDANT SHOWED A TOTAL Meet the Queens judicial candidates disregard for human life when he viciously shot and beat a 20-year-old man to death. See page 15 A jury weighed the evidence and after deliberating for 6 hours rendered a verdict finding this young man guilty of a cold- blooded killing. The defendant now faces a life sentence,” said Acting Queens District Proposed rule change would exclude more Attorney John Ryan. detainees from solitary confinement MR EMBE S OF THE GLENDALE Middle Village Coalition gathered at 78-16 By David Brand Cooper Ave. Saturday to protest a proposed Queens Daily Eagle men’s homeless shelter in Glendale. The The city jails oversight agency voted Thurs- shelter would house 200 single homeless men day to propose new rules that would change by 2020. who is fit to be locked in solitary confinement, while attempting to alleviate an ethical dilem- ma for healthcare staff who treat detainees. “TH ERE IS STILL MUCH THAT CAN The Board of Correction, which sets min- imum standards for New York City jails, has be done to delay and hopefully defeat proposed creating a list of detainees who are this project if everyone gets involved,” immediately exempted from solitary during Councilmember Robert Holden said in an their intake screening. The Board also pro- email to constituents, describing Mayor Bill posed a clear list of medical conditions that de Blasio’s proposal as a “failing shelter plan.” would prevent someone from being locked in solitary — what the city calls “punitive segre- gation,” or PSEG. THE SENATE MAJORITY WILL HOLD The current process for sentencing some- a hearing today to examine the safety and one to solitary confinement compels health- potential harms of electronic cigarettes and care professionals from the city’s Correctional vaping, especially among school-aged youth. Health Services to sign off on whether some- one is mentally and medically fit for solitary after they commit an infraction. “WE HAVE SEEN AN ALARMING In effect, CHS serves as the final arbiter for increase in vaping related illnesses and determining who is placed in solitary confine- deaths which has exposed a glaring lack ment. Continued on page 2 A “punitive segregation” unit on Rikers Island. Photo via the DOC Continued on page 2 Follow us on Twitter Like us on Facebook Visit us Online @queenseagle facebook.com/queenseagle queenseagle.com Proposed rule change would exclude more detainees from solitary confinement QUEENS Continued from page 1 After a detainee commits an infraction, is found guilty and is sentenced to solitary con- finement, corrections staff go to CHS and ask them to check a person’s chart to see if they are eligible to be put in the solitary cell. TODAY That process “creates an ethical conflict for health staff” and raises the issue of “dual November 4, 2019 loyalty” to security personnel and the medical profession, the Board wrote in its rule change proposal. CHS staff are asked to “approve a of regulation on e-cigarettes and related practice … with no known health benefits,” the products,” said Senate Majority Leader Board added. Andrea Stewart-Cousins. “These dangerous “CHS has long raised concerns that any pro- products are targeting our children, and we cess which requires them to identify people for have a responsibility to examine, regulate, exclusion from PSEG after an infraction hear- and protect the health of all New Yorkers, ing and immediately prior to placement raises especially our most vulnerable residents. significant ‘dual loyalty’ concerns,” reads the text of the proposed rule. “CHS argues that such a process may subject health staff to un- NEW YORK CITY MAY NOT BE KNOWN due pressure from DOC.” for its Mexican food, but that didn’t stop The process also fosters mistrust of health- Activists called on the city to end the use of solitary confinement ahead of a Board of two self-described “taco journalists” from care providers inside and outside the jail walls Correction hearing on Oct. 31. Photo via #HALTsolitary “and creates an ethical conflict for health scouring the city’s streets for the perfect staff,” the Board continued. interests. It’s one of the reasons it should be there is no practical list of exempt medical combination of fluffy tortilla, mouthwatering Under the new proposal CHS staff would eliminated, he said. conditions. meat and spicy salsa. exclude detainees from solitary confinement “It’s exceedingly difficult to develop a Kelsey DeAvila, an attorney with Brook- during the intake screening process based on system of solitary confinement that doesn’t lyn Defender Services, said she was skeptical mental health and medical. Corrections staff place health professionals in unethical posi- of the rule changes and called on the city to MO AND RAYO AND JAROD NEECE would then check the list before placing a de- tion,” Venters said. “It actually corrodes trust eliminate solitary confinement once and for have embarked on a cross-country journey to tainee into a solitary confinement or restrictive in health staff all throughout the system, and all. find America’s best tacos, and that search has housing. CHS can update the list during some- when patients go home from jail or prison it “I’m concerned that the rules will create brought them to Brooklyn and Queens, where one’s time in jail. damages those relationships forever.” loopholes,” she said. “I’m always skeptical they shot an upcoming episode of their new CHS declined to provide much information The Board has also proposed creating a when the Department of Correction has the show, “United Tacos of America.” The episode about the proposal but said that the agency’s clear list of medical exemptions for common final say and I’d like to hear more from Correc- airs on El Rey Network Nov. 5. role should be limited to determining whether health conditions like asthma, seizures, diabe- tional Health about why we need to eliminate someone has a health condition that would ex- tes, heart disease, lung disease, liver disease, solitary.” clude them from solitary confinement. kidney disease, organ transplants, treatment For its part the Corrections Officers’ Benev- TH E BAYSIDE HISTORICAL SOCIETY According to CHS, health care profession- with anticoagulants and involuntary hospital- olent Association opposes the limits on soli- will host author and native New Yorker als should not determine or predict the health izations. tary confinement. Richard Panchyk for a presentation about his risks of solitary confinement because it is a In June, Layleen Polanco, a transgender “COBA’s position has always been that vi- books, “Hidden History of Queens” and the security measure that carries no health ben- woman charged with prositution and drug olent offender who create violent conditions newly published “Abandoned Queens.” Join us efits. possession, died in her solitary confinement in jails belong in punitive segregation because at the Castle in Fort Totten as Richard takes Dr. Homer Venters, a former CHS director, cell after having a seizure. Polanco had a they are a threat,” said COBA spokesperson us back through our borough’s hidden history said that solitary confinement creates an inher- known history of epilepsy, but was not ex- Michael Skelly. “Not having any consequences and uncovers fascinating remnants of the past. ent tension between security and healthcare cluded from solitary confinement because essentially increases violent behavior. The cost is free for BHS members and $5 for non-members. The event will be located at 208 Totten Avenue in Bayside. What's on the docket for the Queens legal community KE E P YOURSELF INFORMED ABOUT everything Queens by subscribing to our daily CLE: BREAKIN’ UP IS HARD TO DO: newsletter. Visit queenseagle.com/subscribe B asics of Business Dissolution to have the news soar straight into your inbox Tuesday, Nov. 12 2-Credit CLE every weekday at 8:30 a.m. Remedies for common issues facing business owners. Queens County Bar Association, Ja- Get 'The Best of the Nest' maica delivered to your inbox every week: QueensEagle.com/Subscribe P ROBATE & ADMINISTRATION OF The South Asian and Indo-Carribean Bar Association of Queens County will ET S ATES: A PRIMER Friday, Nov.
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