Opinion
Civil Action 20 Civ. 6507 (PGG) (SLC)
07-05-2022
GABINO GENAO, Plaintiff, v. CITY OF NEW YORK; C.O. MARSHA LYNCH; C.O. DREW WILLIAMS; C.O. ANTHONY MORALES JR.; CAPT. PHILLIPS; C.O. KRISTINA FORD, RHU DR. HO; and CAPT. KEISHA LEMON, Defendants.
ORDER
SARAH L. CAVE, UNITED STATES MAGISTRATE JUDGE.
The Clerk of Court is respectfully directed to mail (i) a copy of this Order, and (ii) the annexed transcript of the December 20, 2018 Infraction Hearing, to Mr. Genao at the address below.
SO ORDERED.
In re: GENAO, Plaintiff, v.
CITY OF NEW YORK, et al., Defendants.
INFRACTION HEARING
INTERVIEW BETWEEN CAPTAIN KELECIA PHILLIPS AND GAMBINO GENAO (PLAINTIFF)
Transcription Service: Carole Ludwig, Transcription Services
155 East Fourth Street #3C
New York, New York 10009 Phone: (212) 420-0771
Email: Transcription420@aol.com
Proceedings recorded by electronic sound recording; Transcript produced by transcription service.
USUAL APPEARANCES AT CONFERENCES AND HEARING:
For Plaintiff: GABINO GENAO, PRO SE
#22B1480 Elmira C.F.
P.O. Box 500 Elmira, NY 14902
For Defendants: NEW YORK CITY LAW DEPARTMENT
BY: CAROLINE MCGUIRE, ESQ.
100 Church Street New York, NY 10
INDEX
EXAMINATIONS
Witness
Direct
Cross
Re-Direct
Re Cross
None
EXHIBITS
Exhibit Number
Description
ID
In
Voir Dire
None
CAPTAIN KELECIA PHILLIPS: Genao Gambino, NIC, today is December 20, 2018. The time now is approximately 12:13 hours. I'm Captain Phillips of the 1448 (inaudible) Unit. Sir, state your name and booking case number for the record.
MR. GENAO GAMBINO (THE PLAINTIFF): Gambino, Genao, 1131700734.
CAPTAIN PHILLIPS: Your name and booking case number has been confirmed with the report and notice of infraction as well as the MA lookup service. We are here today reconvening a hearing which was placed in adjournment by you on October 31, 2018, Folder Number C164, and which was placed in adjournment for the following statements.
THE PLAINTIFF: Can I object to something
CAPTAIN PHILLIPS: Let me finish, sir. Let me finish. No, you can't, let me finish. At which time you asked for a statement from Captain Lemmon (phonetic) and the question was when you seen Inmate Genao and - when you seen Inmate Genao, why did you allow CO Ford to walk me in the crib knowing I was not from that housing area? Captain Lemmon states was on vacation, the captain verbally stated I contacted the sec intake and was notified that Inmate Genao was a, being secured who was to be escorted to Housing Area 9B. The statement was given to Deputy Warden Calloway.
I have a statement from CO Lynch shown on 8996, what did you tell CO Morales about putting me in the housing area, ICO Lynch never spoke nor seen CO Morales on October 25, 2018, what is my SRG status? Genao Gambino is Trinitarian OAD. What housing area did I come from? Genao Gambino was housed in 10B before going to the beam (phonetic).
Statement from CO Ford, why did you walk me to the crib knowing I was not from the housing area? As the (inaudible) building escort I was authorized to bring inmate to his assigned house, not building B side.
After the search did you find any contraband in intake? ICO Ford, I was not in the intake.
Statement from CO Morales, 14587, what housing area did you tell me I was going? (inaudible) write-up form said inmate that he was going to now B.
Why did, what did CO Lynch tell you to inform me of? CO Lynch did not speak to (inaudible) about anything returning to said inmate.
I have the statement from the Inmate Jaquan (phonetic), Booking Case 3491611791, the question is did I cut you, did I slash you on November 2, 2018, at 0730 hours? Inmate (inaudible) Jaquan, 349161179, refused to provide a written statement but verbally that MF must be crazy, leave me alone with that BS, I don't write statements. Refusal was logged on page 151 and the intake by Brooklyn House by CO Leeds, 10148.
Also, Gentech angle 11.1 (inaudible) view of which I have the still shots of the incident. This is your entering the housing area. Photo number two, three, photo four, photo five, photo six
THE PLAINTIFF: Excuse me, can I ask
CAPTAIN PHILLIPS: Let me finish, sir. Can I finish? Photo seven, photo eight, photo nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-two, twenty-three and twenty-four. That's all the documentation I have, is there anything else you would like to add?
THE PLAINTIFF: Yes, I'd like to address (inaudible) hearing. I never signed the waiver (inaudible) signed that day and you said I wasn't available to sign, which I was available to sign for. I never gave you, how do you say, I never basically gave you waiver or authorization to extend the hearing because I was available to sign that day, you didn't give me the opportunity to sign, you never stated that on the record.
The photos that are taken that I see don't show, don't have any, don't show any supporting evidence towards the substantiated - it doesn't substantiate the ticket. That angle that they had is too far away from the incident. There's cameras that are right next to where that incident took place and I would like copies of those photos, as well.
The officers didn't, I would like to actually dispute the testimony that I was given to, that the question that I asked (inaudible) as well, because they basically (inaudible) putting me in a housing area knowing I don't go in that housing area and they basically wanted either something to happen to me, they basically, like, you know, my life in jeopardy, my safety at risk and I would like photos of, copies of all documentation referring to this ticket, as far as the pictures, as well, are concerned, as well.
CAPTAIN PHILLIPS: Duly noted, I will definitely take your testimony into consideration on the supporting documentation, there will be a decision rendered within one to five business days. If you do not agree you can appeal within two days. And this concludes this hearing.
(end of recording)