SOUTH BRONX SCHOOL: Is the DOE Stalling Complying With Discovery?

Sunday, May 18, 2014

Is the DOE Stalling Complying With Discovery?

Discovery is;
A category of procedural devices employed by a party to a civil or criminal action, prior to trial, to require the adverse party to disclose information that is essential for the preparation of the requesting party's case and that the other party alone knows or possesses.

Exculpatory evidence
evidence favorable to the defendant in a criminal trial that exonerates or tends to exonerate the defendant of guilt.
Again, simple.

 Back in January when I had the pre-hearing for my 3020-a we put in our discovery requests. Part of what was requested, and we feel the most important part is the request for emails, texts, letters, etc... pertaining to me from DR Alison Coviello; Principal and Ed.D of PS 154 and her BFF AP Jessica Cruz.

Here, have a look;

It's all very straight forward. Now you ask, what is the problem?

It's now almost June and we have yet to not only get a response from TPU and/or Naeemah Lamont, but not even what we requested in discovery. Thus far this is reminiscent of the stonewalling that both Betsy Combier and Francesco Portelos received with their similar FOIL requests.

Which begs a question.

Is DR Alison Coviello; Principal and Ed.D hiding something? Is BFF AP Jessica Cruz hiding something? Can they be hiding it from me in cahoots at someone else? Possible. Or even worse, are they keeping information away from others? Possible as well.

Are not DR Alison Coviello; Principal and Ed.D and BFF AP Jessica Cruz both public officials bound by the Freedom of Information Law? Certainly, they, or anyone else is not above the law. Isn't there a moral and ethical necessity to obey and follow through on a FOIL request that might have evidence that is exculpatory?

The rule of law is what bounds us as a society. None of us, not the president, not a senator, not a teacher, not any of our loved ones are above the law. Without the rule of law which so pervasive in our society and great country there will all will be living in an anarchist society. The law is what glues us together as a society.

Myself, and all those going through the 3020-a process (ATR's I am not forgetting you, but concentrating on one aspect for now), are all due our full due process rights as spelled out by the 14th Amendment to one of the greatest papers ever written, The United States Constitution. Do these words mean nothing?
nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
In New York State, the 3020-a hearings fall under the rules and auspices of New York State Civil Practice Law and Rules. Again, the rule of law is all pervasive. It must be the standard. It must be what we follow.

If we choose to ignore the rule of law we are not better as a society, as a people, or a person than the tyrants that rule Russia, Cuba, North Korea, Iran, Saudi Arabia, and China.

One can reasonably assume at the lack of cooperation that a cover up might be happening. That there must be a reason to hide what is in our requests. Would not a reasonable person believe such a thing?

Which makes one wonder. What is really in those emails, texts, letters, etc..? 

1 comment:

Anonymous said...

As best as I can tell the Anderson administration in Newark does not respond to OPRA requests. Two lawsuits were filed by the ACLU and the Education Law Center has filed numerous suits to obtain documents. Mayor Booker was claiming executive privilege and they were arguing that the communications were deliberative. Stonewalling seems to be a universal tactic in these requests for information.