Law Office of Brian Thomas McCarthy, PLLC

Law Office of Brian Thomas McCarthy, PLLC

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The Conception dive boat, which sunk on Labor Day killing 34 people off the coast of California, did not have a crewmember on roving overnight watch as required by its certificate, according to the National Transportation Safety Board's preliminary report and NTSB Chairman Robert Sumwalt.
"A crewmember sleeping in the wheelhouse berths was awakened by a noise and got up to investigate," the report says. "He saw a fire at the aft end of the sun deck, rising up from the salon compartment below. The crewmember alerted the crew behind the wheelhouse. As crewmembers awoke, the captain radioed a distress message to the Coast Guard."

Our practice is focused on personally providing our clients with top caliber representation and value added legal advice.

inquirer.com 03/04/2020

Philly man on death row 23 years for killing 4-year-old Northeast girl is ‘likely innocent,’ DA Larry Krasner says

"The Philadelphia District Attorney’s Office says a man on death row 23 years for allegedly molesting and murdering a 4-year-old girl is “likely innocent,” and was convicted based on flawed, hidden, or corrupt evidence — including a confession prosecutors believe was coerced by two homicide detectives, and testimony from jailhouse informants whom prosecutors no longer find credible.
In court documents filed last week, DA Larry Krasner’s office asked a judge to vacate the 1996 conviction of Walter Ogrod, 55, and free him from prison, calling Ogrod’s case — prosecuted by Krasner’s predecessors — a 'gross miscarriage of justice.'"

inquirer.com Krasner’s office is asking a judge to vacate the conviction of Walter Ogrod, 55, and free him from prison, calling Ogrod’s case — prosecuted by Krasner’s predecessors — a “gross miscarriage of justice.”

nypost.com 02/01/2020

Prosecutor hid recording that could’ve cleared ‘Grid Kid killer,’ court docs say

Think of the horror of being in jail for over 15 years and finding out there is a recording where a key witness states that you did not commit the crime and you refused to help the person who did. Now imagine that this recording was concealed all this time by the District Attorney’s Office and only disclosed after the highest court in New York affirmed your conviction after being deceived by the prosecution that they disclosed all the exculpatory evidence to you before your trial. That is the definition of tyranny and injustice.

nypost.com The former prosecutor who put away alleged “Grid Kid killer” John Giuca says she isn’t sure if she handed over evidence that could have cleared him.

patch.com 01/28/2020

Commack Child, 3, Missing After Mom Doesn't Return Him To CPS: PD

It is January 28, 2020 and this child was to be returned to Child Protective Services (CPS) on January 22, 2020. CPS did not begin to investigate this matter until January 27, 2020 and it was only then that they discovered that the mother had moved from her home on January 16, 2020 and contacted the police.
What an incredible failure of CPS in the wake of an investigation into its failure to investigate and prevent the death of a child who froze to death in the home of his abusive father.

patch.com The woman was supposed to return the child on Jan. 22, but she fled her home with the 3-year-old on Jan. 16, police say.

nypost.com 01/21/2020

Sheldon Silver’s 2018 corruption conviction partially overturned

The odds are continuing to increase that Shelly will never spend a day in jail for his crimes.

nypost.com An appeals court Tuesday partially upheld the most recent conviction of disgraced former state Assembly Speaker Sheldon Silver. In an 84-page ruling, the Second Circuit Court of Appe…

nbcnews.com 01/21/2020

Evelyn Yang speaks at Women's March about her s*xual assault

"Evelyn Yang, wife of presidential candidate Andrew Yang, stood before thousands of people Saturday at the Women's March in New York City and talked about being s*xually assaulted by her OB-GYN when she was pregnant with their first child....Yang revealed the assault by Dr. Robert Hadden in an interview Thursday on CNN...Yang's attorney, Anthony DiPietro, said 15 women have come forward with allegations against Hadden since the interview aired. Hadden lost his license in 2016 after pleading guilty to a felony count of criminal s*xual act in the third degree and a misdemeanor count of forcible touching. At least 19 patients had accused him of s*xual abuse over the years....Hadden struck a plea deal with the office of Manhattan District Attorney Cyrus Vance Jr. that spared him any jail time. The same office argued for leniency over registering Jeffrey Epstein as a s*x offender in 2011 and did not prosecute Hollywood mogul Harvey Weinstein after s*xual abuse allegations surfaced in 2015."

nbcnews.com “As terrifying as it was to share my story on a national stage, I had to believe that coming forward would help me reclaim my voice and help others reclaim theirs," she said.

buzzfeednews.com 01/17/2020

A Doctor Admitted To Sexually Abusing Patients And Then Walked Free

Presidential Candidate Andrew Yang's wife, Evelyn Yang, has come forward as one of the victims of Dr. Robert Hadden, who s*xually abused female patients. The below article was published in 2018 regarding the extraordinary lenient plea deal that was agreed to by Cy Vance and the Manhattan DA's office.
"Despite 17 women accusing him of s*xual abuse, prosecutors eventually offered him a plea deal for one count of forcible touching and one count of s*xual abuse. His abuse of Evelyn was not one he pleaded guilty to, according to CNN. For punishment, Hadden had to register as a s*x offender and lost his medical license, but avoided jail time."

buzzfeednews.com Prosecutors told Robert A. Hadden’s patients his guilty plea was a win for victims, but the #MeToo movement has some questioning the Manhattan district attorney’s motives.

01/17/2020

Commanding Officers Association of Long Beach, NY

Thank you Governor Cuomo!

FYI, the individuals who were arrested last evening after a foot pursuit for mail box fishing, theft of mail, possession of burglars tools, unlicensed operation of a motor vehicle, reckless endangerment, leaving the scene of an accident and more have been released without bail pursuant to the criminal justice reforms put in place by Governor Andrew Cuomo and your NYS Legislators.

patch.com 01/16/2020

Man Released Under Bail Law Led PD On Chase, Injured Driver: NCPD

According to court documents, Buonauro was released from jail on Dec. 31 under the new bail law in New York. He was in jail after not posting bail for two different arrests: one on Dec. 21 and another on Dec. 31, 2019. He was also arrested and released on Jan. 6.
For the Dec. 21 incident, he was charged with third-degree aggravated unlicensed operation of a vehicle, five counts of fourth-degree criminal possession of stolen property (credit cards), second-degree unauthorized use of a vehicle and second-degree unlawful possession of ma*****na.
For the Dec. 31 incident, he was charged with second-degree obstructing governmental administration, third-degree aggravated unlicensed operation of a vehicle, leaving the scene of an accident and third-degree grand larceny.
For the Jan. 6 incident, he was charged with third-degree aggravated unlicensed operation of a vehicle.

patch.com Police say the man, who was arrested three times prior, fled officers in a stolen car and injured another driver in the process.

gothamist.com 01/15/2020

Will Albany Give Older NY Prisoners A Chance At Freedom?

While these laws are far from being passed, they still represent an outrageous attempt to deny justice to victims of serious criminal offenses.
“One of those measures is the Elder Parole Act (A9040/S2144), which would require an immediate parole interview for people ages 55 and older who have served at least 15 years of their sentence. The Act does not require the parole board to approve a release, just grant the interview.... Under the Fair and Timely Parole Act, commissioners would have to evaluate an applicant based on their rehabilitative efforts rather than the crime that they were convicted of.”

gothamist.com "When you keep 10,000 New Yorkers in prison until they die, that’s death by incarceration.”

longisland.news12.com 01/14/2020

Bellport man released without bail after DWI charge in deadly William Floyd Parkway crash

Victim's family outraged after Bellport man released on no bail following fatal suspected DWI crash. Jordan Randolph has 3 prior DWI convictions and was recently arrested twice for failure to install ignition interlock device.
Thank you Governor Cuomo and members of the Assembly and Senate who voted for “bail reform”. How much blood needs to be on your hands to repeal this law?

longisland.news12.com A Bellport man has been charged with DWI and released without bail Monday following a car crash that killed a 27-year-old man on the William Floyd Parkway.

nautilusint.org 01/11/2020

New US rule improving seafarers' access to shore leave comes into force in June

A long overdue accommodation to foreign seafarers who have shore passes but are denied access to shore-leave in the United States by terminal operators. Often times the seafarers simply want to be taken to Wal-Mart to buy necessities after a month or more at sea, but cannot exit the terminal without an “escort,” who often charges outrageous rates to drive two to three minutes to the terminal gate. In some cases, terminals simply will not permit seafarers, who have visas, shore passes and have been cleared by Customs, to even disembark the vessel. It is completely unfair on a humanitarian level and it is great this issue is finally being addressed.

nautilusint.org Owners/operators of ports and maritime facilities must provide seafarers access between vessels moored at the facility and the facility gate.

nydailynews.com 01/10/2020

Manhattan judge, over prosecutor’s objections, releases suspect in two violent street assaults without any bail

Governor Cuomo and the New York State Assembly and Senate are responsible for the release of dangerous criminals onto the streets of New York pursuant to their new bail law.
This Defendant had an open assault case and was arrested for two more assaults only to be released without bail even though he had previously failed to appear at his last court date.
This law is simply madness and what will it take before they pull the plug on this failed experiment? The murder of an innocent victim by an individual who should have been detained following his or her arrest?

nydailynews.com Homeless defendant Eugene Webb, who had previously skipped a court hearing for a September attack on East 14th St., was freed just two days after repeatedly punching a woman in the face on West Houston St. — and then 13 hours later shoving a second female to the ground and kicking her on 42nd St. ...

nypost.com 01/09/2020

Footage outside Jeffrey Epstein’s cell during su***de attempt erased, say prosecutors

It should no longer come as a shock that when government employees destroy evidence there is never any contemplation of bringing tampering with evidence charges pursuant to 18 USC 1519. In the realm of private employers, corporations and employees are often charged with this exact felony offense for conduct that results in the alteration, but not destruction, of far less critical evidence.

nypost.com Prosecutors blamed the loss of the footage on “technical errors.”

longisland.news12.com 01/04/2020

Police: Man released under new bail law burglarizes Carle Place store hours later

This is working out great so far. This law will go down in history as an unmitigated disaster.

longisland.news12.com A 22-year-old man accused in a string of burglaries in Westbury was released under the new state bail law and hours later burglarized a Bagel Boss in Carle Place, police say.

nypost.com 12/30/2019

Bail reform is setting suspects free after string of anti-Semitic attacks

Governor Cuomo’s bail reform law will prove to be a disaster in short order. Few laws have accomplished what this law will at breakneck speed, exposing the community to greater danger and lawlessness solely for the purpose of pandering to social justice warriors.

nypost.com Suspects arrested in last week’s spree of eight anti-Semitic attacks are being quickly released right back into the neighborhoods they terrorized thanks to “bail reform” legislation.

newyork.cbslocal.com 12/18/2019

Thomas Murphy Found Guilty Of Drunk Driving In Boy Scout's Death

Justice for an innocent Boy Scout

newyork.cbslocal.com The verdict was reached during the first full day of deliberations.

patch.com 12/17/2019

Former DA Tom Spota, Aide Found Guilty On All Counts

Former Suffolk County District Attorney Tom Spota and his chief investigator were found guilty of four felonies, including obstruction, by a jury in the United States District Court for the Eastern District of New York. The charges arose from the cover-up up of the assault of suspect Christopher Loeb by former Suffolk County Police Commissioner James Burke.

patch.com BREAKING: After deliberations, the jury has reached a verdict in the explosive trial — finding both men guilty.

nypost.com 12/12/2019

Barnard freshman Tessa Majors found stabbed to death in NYC park

Anyone want to change their mind regarding the absurd concept of “restorative justice” in felony-murder cases arising out of robberies?
The District Attorney should have to immediately answer regarding his social engineering policies and his failures to fully and faithfully enforce the law.
Ms. Majors murders should be fully prosecuted for their heinous crimes.

nypost.com A Barnard College student was stabbed to death in an upper Manhattan park by a group men who had tried to rob her on Wednesday, police sources said. Freshman Tessa Majors, 18, was discovered by a s…

newsday.com 12/11/2019

Father agrees to evict son to save home from being boarded up

What is the definition of tyranny? How about forcing a family to evict their son or face being thrown out of their home by the Town of Babylon because of one drug possession arrest and one ma*****na arrest? This was followed up by the Town Supervisor appearing at a hearing and berating the father as being an awful parent because his son was a drug addict.
Town Supervisor Rich Schaffer is nothing more than heartless thug who should suffer the wrath of the voters in the next election for his willingness to disregard due process and basic property rights.

newsday.com A Deer Park homeowner agreed with Babylon town officials this week to evict from the family home his son, who has been accused of possessing illegal drugs, in an effort to prevent the town from boardi

nydailynews.com 12/06/2019

10-year sentence for mugger who killed Lehman professor after face-to-face ‘restorative justice’ meeting with victim’s kin

District Attorney Cy Vance, Executive Assistant DA John Irwin, ADA Dafna Yoran and ADA Elizabeth Clerkin are completely unfit for office. To plea bargain a felony murder case to manslaughter with a ten year sentence is outrageous. If you murder someone as a result of a robbery gone bad, you must be prosecuted to the full extent of the law as society has a right to punish those who commit these violent felonies in complete disregard of human life. That punishment must include a life term. To attempt to justify this violation of their duties as prosecutors by citing "restorative justice" counseling is disgusting. Anyone who lives or travels to Manhattan should be fearful because if you become a victim of a crime, the District Attorney's Office will not seek justice, but will instead disgrace itself to further a half-baked sociology project.

nydailynews.com Matthew Lee, 52, who pleaded guilty in the killing of Young Kun Kim, 87, sat with Kim's son and daughter-in law in a “restorative justice circle” to hash out the harm he’d caused the family and talk about his own life. Lee’s contrition — and the DA’s recognition of it — may have spared...

newsday.com 11/26/2019

NY top court upholds doctor's conviction in OD deaths

Judge Eugene Fahey, writing for the majority, noted the trial showed Li repeatedly prescribed more and more opioids to Haeg and Rappold without examining them or determining whether the prescriptions were “medically necessary.”
That, in part, was sufficient to legally constitute “recklessness” in the deaths of the two men, the judge said. Enough evidence was presented at the trial to show Li’s “conduct amount to a ‘gross deviation’ from how a reasonable person would act,” Fahey wrote.
A jury convicted Li not only of manslaughter but also six counts of criminal endangerment and 180 counts of illegal sales of prescriptions for controlled substances. He was given a sentence of 10-20 years in prison.

newsday.com ALBANY – New York’s top court on Tuesday upheld the conviction of the first doctor in the state found guilty of manslaughter in connection with his opioid prescribing practices. Dr. Stan Li, who opera

newyork.cbslocal.com 11/25/2019

Commuter Alert: NY Waterway Ferries Suspended After Failing Safety Inspections

23 of 32 ferries were found unfit for service by the Coast Guard

newyork.cbslocal.com The Coast Guard inspected the company’s fleet of 32 vessels last week and found 23 to be “operationally unfit.”

abc7ny.com 11/11/2019

1 woman killed, 3 other people hurt in Mattituck boat crash

A Long Island man is under arrest after allegedly driving his boat drunk and crashing, killing one woman and injuring everyone else on board. The boat slammed into a barrier wall in Mattituck in Suffolk County Sunday at around 9:20 p.m.
Two of the injured were airlifted to Stony Brook University Hospital.
It was supposed to be a fun holiday weekend outing but it ended tragically when the boat hit a sea wall killing 27-year-old Kelley Blanchard of Riverhead. She was ejected from the front window of the boat.

abc7ny.com It was supposed to be a fun holiday weekend outing but it ended tragically when the boat hit a sea wall, injuring everyone onboard and killing 27-year-old Kelley Blanchard of Riverhead.

nypost.com 10/16/2019

NYU nonprofit bailed out Chinatown ‘killer’ after he attacked a court officer

"The Chinatown vagrant accused of fatally bludgeoning four other homeless men over a week ago was sprung from jail not once but twice by misguided nonprofits pushing bail reform, court documents show."
The complete lack of due diligence by these bail reform organizations is completely reckless. However this does not excuse the New York County District Attorney's Office from its failure to prosecute this defendant, including failing to answer ready for trial in a contempt case despite the fact that the witnesses were Court Officers and a Judge.

nypost.com The Chinatown vagrant accused of fatally bludgeoning four other homeless men over a week ago was sprung from jail not once but twice by misguided nonprofits pushing bail reform, court documents sho…

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Melville, NY
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