NYPD Officer Joseph Franco was arraigned for making false statements in court proceedings and in court documents that led to multiple unlawful arrests

Wednesday, April 24th, 2019 

 NEW YORK CITY (WABC) -- 


A former NYPD narcotics detective was arraigned Wednesday for allegedly making false statements in court proceedings and in court documents that led to multiple unlawful arrests.
Authorities say Officer Joseph Franco, assigned to Manhattan South Narcotics Division, lied during three arrests for drug crimes that were made between February of 2017 and May of 2018.

One of the arrests was alleged to have been made near the South Street Seaport, while the other two were alleged to have been made on the Lower East Side.

All three individuals arrested during the separate incidents pled guilty to the crimes they were charged with, while two of the individuals had served time in state prison.

The Manhattan DA's Office has since moved to vacate those convictions.

"As alleged in the indictment, this detective lied to judges, prosecutors, and his own colleagues in the NYPD about crimes that never happened, and three New Yorkers wrongfully lost their liberty as a result," Manhattan District Attorney Cy Vance said. "My office will continue to bring the full weight of the law against uniformed officers who lie and undermine the public trust in law enforcement on which we rely to keep New York safe."

Franco, a 19-year veteran of the force, pleaded not guilty to all charges.

He faces charges including perjury, offering a false instrument for filing and official misconduct.

Franco did not speak and is due back in court on June 28.

Over the last two years, the Manhattan DA's Office has prosecuted cases of corruption and misconduct committed by seven uniformed officers. 

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NEW YORK TIMES

Detective’s Lies Sent Three People to Prison, Prosecutors Charge

A veteran narcotics detective testified falsely about drug deals he claimed to have seen in at least three cases, the Manhattan district attorney’s office said.


April 24, 2019


Detective Joseph E. Franco is a 19-year veteran in the narcotics division in Manhattan with thousands of arrests to his credit. His testimony has sent hundreds of people to prison.

Among them were three New Yorkers that Detective Franco said he saw selling drugs in separate cases in 2017 and 2018. All three pleaded guilty.

Two were sent to state prison and were behind bars when investigators from the Manhattan district attorney’s office discovered that the detective’s accounts — filed in arrest reports, and repeated to other officers, prosecutors and grand juries — were fabricated.

On Wednesday, Detective Franco, who works in southern Manhattan, was charged with 16 criminal counts, including perjury and official misconduct.


Prosecutors said Detective Franco fabricated tales of drug buys by innocent people. His lies unraveled when investigators found video evidence contradicting the detective’s accounts and after interviewing other arresting officers, prosecutors said in court papers filed with the case.

Detective Franco, 46, pleaded not guilty to the charges in State Supreme Court in Manhattan on Wednesday afternoon. Justice Mark Dwyer released him without bail until his next court date on June 28.

Detective Franco and his lawyer, Howard Tanner, declined to comment as they left the courthouse.

The convictions against the three people Detective Franco said had sold drugs — Julio Irizarry, Tameeka Baker and Turrell Irving — have been thrown out, and none of the three are in state custody anymore, said Justin Henry, a spokesman for the Manhattan district attorney, Cyrus R. Vance Jr.

At a bail hearing on Wednesday, an assistant district attorney, Stephanie Minogue, said that the office was investigating at least two other cases involving Detective Franco and that more indictments might be filed against him. She asked for $50,000 cash bail, a request Justice Dwyer denied.

Detective Franco has now been suspended without pay, the Police Department said.

“Our N.Y.P.D. officers swear an oath to uphold the law, and meet the highest ethical standards,” the police commissioner, James P. O’Neill, said in a statement. “Should an officer fail to meet those critical expectations, they must be held accountable.”


Prosecutors said Mr. Irizarry was the first to be accused of making a drug sale that Detective Franco, working as a plainclothes detective, claimed he had witnessed.

Mr. Irizarry was arrested in February 2017 after the detective said he saw him selling drugs inside the lobby of a building on Delancey Street, prosecutors said in a court document.

But video from a security camera inside the building showed that no such transaction took place. Additionally, video from a security camera outside the building showed Detective Franco never entered the building, leaving him unable to see anything in the lobby, the document said.

This pattern was repeated on two other occasions. Ms. Baker was arrested in June 2017 on Madison Street after Detective Franco said that he saw Ms. Baker selling drugs in a building’s vestibule, the document said.

Yet investigators found security video showing that Ms. Baker went into the building without stopping in the vestibule, and that Detective Franco was not close enough to her to actually see what she was doing, the document said.

In April 2018, Mr. Irving was arrested on Detective Franco’s word that he had seen him giving cocaine to a woman, Karen Miano, who subsequently sold the drug to an undercover officer, the document said.

“Once more, the video from this incident directly contradicted the defendant’s version of events,” according to the document. “There was no drug transaction between Mr. Irving and Ms. Miano. Instead, Ms. Miano simply held the door open for Mr. Irving as he entered the building and she exited on her way to meet the undercover officer.”

“In each of the cases, the defendant compounded his misconduct by repeating these lies over and over again,” Ms. Minogue, the prosecutor, said in court.

The review of Detective Franco’s cases began last summer, when the district attorney’s staff noticed major inconsistencies in the detective’s statements and the underpinning evidence in his casework, according to Mr. Henry. After vacating the convictions of Mr. Irizarry, Ms. Burke and Mr. Burrell, the lawyers from the Conviction Integrity Program referred Detective Franco’s case to the Public Corruption Unit for investigation, Mr. Henry said.

Ms. Baker and Mr. Irizarry were both serving state prison sentences when the evidence came to light showing the detective’s testimony in their cases was false, the court documents said.

In a statement, the district attorney’s office said the case against Detective Franco was part of a continuing effort to root out and prosecute police corruption and misconduct. It is also examining Detective Franco's casework to determine if there are more convictions that need to be overturned.

“My office will continue to bring the full weight of the law against uniformed officers who lie and undermine the public trust in law enforcement on which we rely to keep New York safe,” Mr. Vance said in the statement.

 

A 1967 INTERNATIONAL HARVESTER DIESEL TRACKED DOZER (229002A) FOR SALE.

A 1967 INTERNATIONAL HARVESTER DIESEL TRACKED DOZER (229002A) FOR SALE. About 7,800 pounds. 104 inches long, 63 inches wide, 73 inches high, 12-inch tracks. Extra blade available for free.

https://www.facebook.com/marketplace/item/419597905253528/ 

https://www.facebook.com/marketplace/item/419597905253528/

https://www.youtube.com/watch?v=fw7azy5udIo

International TD-6 Crawler Startup Procedure

https://www.youtube.com/watch?v=AI4zmWyESfw

Video for the TD-6: how it starts on gasoline and how to change over to diesel. And how to shut it down.

 

The dozer had new batteries put in but it needs a long cable from the batteries to the starter. I assume it would run. I had it running 6-7 years ago. It will need fresh gasoline and fresh diesel. The price reflects that it will need some effort to get the engine motor going.  Similar tractors (that run) go for $5,600 online.

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TIPS FOR DEALING WITH FROZEN MOTORS

I recently bought a TD9 crawler that has a frozen motor. The tractor was a runner, but after sitting for two years the motor became stuck. I bought it from a man who had intended to restore it, and the first thing he did was pull the plugs and try to fill the cylinders with penetrating oil. He never did try to turn over the engine.

I dragged it around my field and dropped the clutch a few times, but the clutch slips pretty easily. I was thinking of getting a socket and bar for the nut on the crankshaft, does anyone know a source or proper size for the nut? Is this a terrible approach anyway? I was hoping to avoid pulling the head.

I pulled the plugs myself to try to get my borescope in and peek around, but I was suprised to find that the plugs appear to be in the intake behind the valves. I am not familiar with these gas/diesel engines, is there another easy way into the cylinder, perhaps by dropping the intake & exhaust manifolds?

Where is the best place to get parts?

thank you

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I have a td-6 which I have been able to get parts for it here in Washigton but I don't know if that helps you much. As for putting a wrench on the snout of the crank I think that could be bad for a couple of reasons just depending on whats rusted or bound up. I have got a lot of questions answered like these answered at www.redpowermagazine.com. There are some guys that live and breath IH over there that can help I'm sure.

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If the motor is frozen, the best way is take off the head and you are going see the pistons end and save money, maybe it is all rusty and by the front crank you make more damage

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yes head over to red power and learn from all the pictures too. the boys there also suggest using carb cleaner and pour it in the cylinders, it is heaver then water so it goes right to the problem. you can also check out mt bar starter that i have used to unseize a many of motors and you can see it on my website.

www.kingofobsolete.ca

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The old gas start IH engines have starting valves that is what you are seeing. These valves open with a lever on the dash that operates a set of "rocker arms" under the valve cover to lower the compression ratio for starting. When you set it for gas start the butterfly in the manifold closes the big ports and allows the air to pass through the carb it also opens the ground switch in the end of the manifold to allow the mag to fire.

If it were me and I didn't want to pull the head I would set it for gas and fill the cylinders with diesel fuel and let her soak for a while. After a few weeks pull the starter off and if you can find a bad starter take the armature out and leave the drive and bolt on end in place. Weld a piece of pipe about 6" long to the armature and bolt it up where the good starter went. After that put a long pipe on the stub pipe and try to get her to turn over. 

This is what the previous post was talking about known as the King of Obsolete"s bar starter, he can be found at redpowermagazine.com in the IH construction board. Stop in some time and let us know how youre making out, puting a wrench on the end of the crank might work if it isnt stuck bad but in my opinion the chances of striping the end of the crank isnt worth taking the chance.

One thing you might want to try is pulling the valve cover and see if the valves are all free, I"ve seen engines that just have a few stuck valves and seem to be set up tighter than a drum. Just a thought.

Sorry if this is a little vauge, its been a while since I have given a bar starter a second thought, so if your interested in pics stop in at red power sometime. Good luck and just take it slow.

 

Massive Flooding in the Midwest is only the beginning as record snow and water hit the states this winter.

Massive Flooding in the Midwest is only the beginning as record snow and water hit the states this winter.


It's the worst flooding parts of the Midwest have seen in decades, where several states are battling the aftermath of a powerful "bomb cyclone" which swept through the region last week, bringing blizzard conditions, hurricane-like winds, snow and heavy rain.

The powerful storm pushed some waterways, including the Missouri River, to record levels in South Dakota, Iowa and Minnesota.

Marc Chenard, a meteorologist with the National Weather Service, told NPR many areas will remain water-logged for days.

"All the rivers respond differently, have different time scales that they flood and then recede. A lot of the rivers are going to remain in flood into the weekend, and some into next week," Chenard said. "Eventually as we head into next week, we should see more and more of the rivers start to recede below flood stage."

Iowa, Wisconsin and Nebraska have all declared states of emergencies.

As rivers spill over their banks and through local communities, the rising waters are setting records.

In Nebraska, Gov. Pete Ricketts said nearly every part of the state is experiencing historic flooding.



Nebraska has experienced historic flooding and extreme weather in nearly every region of the state. Today, Speaker Scheer of Norfolk and I surveyed some of the flooding.

Including a few photos below. More here: https://t.co/O7T9hf4Siw#NebraskaFlooding #NebraskaStrong pic.twitter.com/H41REE1PLy— Gov. Pete Ricketts (@GovRicketts) March 15, 2019

Nebraska has deployed helicopters to assist in rescuing those trapped by the high waters, and boats for travel across washed out roads. CNN reported that some people who were rescued suffered from hypothermia, and had to be transported to the hospital.

The Omaha-Valley Weather Service office said a levee was breached in Nebraska's Dodge County. "This is an extremely dangerous and life-threatening situation," the weather service warned. "Do not attempt to travel unless you are fleeing an area subject to flooding or under an evacuation order."

With flood waters rising, officials were monitoring for damage at the Cooper Nuclear Station, south of Omaha, which serves about half a million customers. Mark Becker, spokesperson for the Nebraska Public Power District told NPR the plant will continue operating for the foreseeable future. "If we get to the next threshold, the plant would go to a shutdown," Becker said.

"A week ago, my backyard had a foot of snow in it. It's warmed up. The ground is frozen still. The snow is melting, and we've had some torrential rains, and that's created torrential flooding," Becker told NPR.

In Wisconsin, Governor Tony Evers said flooding was impacting "homes, businesses, and cities and towns" across the state.



Rapid snowmelt and rain have caused flooding that has impacted homes, businesses, and cities and towns across Wisconsin. Today I declared a State of Emergency to provide additional personnel and resources as needed to assist in emergency response and recovery operations. pic.twitter.com/i3xXDlLQqp— Governor Tony Evers (@GovEvers) March 15, 2019

Lori Getter of the Wisconsin Emergency Management spoke with NPR. "We're trying to get a handle on the situation with the flooding across the state, but two days ago, and even yesterday, we were evacuating people because of the rising waters," Getter said.

A bomb cyclone occurs when there is a rapid drop in atmospheric pressure. The massive storm moved into Canada on Friday.





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Saturday flood updates: Offutt fights rising waters. Evacuations near Ashland. Eppley camp ruined. And more.

From staff reports
1 hr ago


Airmen at Offutt Air Force Base filled up to 100,000 sandbags in a last-ditch effort to block flood waters that are covering much of the southeastern part of the base.


An aerial photo, posted by 55th Wing Commander Col. Michael Manion on his Facebook page, showed the Missouri River had crept up to the southeast end of Offutt's single runway. A lake, campground, and baseball fields were under water, and several buildings south of the runway are surrounded. Water also is coming toward the StratCom Gate to the airbase on Capehart Road.


"Water is entering from the river and through the storm drains," Manion wrote in the post Saturday afternoon. "Several buildings including the (55th) Wing Building are inundated with water. We continue to work as rapidly as possible to improve water defenses around critical infrastructure."


Several RC-135-variant reconnaissance aircraft were flown out to other bases Saturday evening.


Photos showed water had reached the hangar that houses the 595th Command and Control Group, which operates the Air Force's fleet of four E-4B Nightwatch airborne command post jets.


The Air Force flew in a 740-foot length of 4-foot Aqua Dam barriers from Louisiana to deploy around another building that houses the 55th Wing's expensive flight simulators.


Meanwhile, Manion said power to the base has not been interrupted.


The water was expected to crest near the base late Saturday, Manion said.





River stages for eastern Nebraska as of 1 p.m. Saturday, March 16, 2019 MATT HANEY/THE WORLD-HERALD


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A flood-related fatality in Iowa


One flood-related fatality has been confirmed in Fremont County, Iowa.


Fremont County Emergency Management Director Mike Crecelius said one person drowned Friday night after a car drove around a barricade and quickly took on water near Riverton.


The car had three occupants inside. After driving around the barricade, the car was swamped with water and it started to float. One of the passengers struggled to get out of the water and died on the way to a local hospital. Another escaped by climbing a tree, and a third was able to get out of the water entirely.


Crecelius​ didn't know the name, age or gender of the person who died.


"When they say 'Turn around, don't drown,' the barricades, they're there for your safety," Crecelius said. "There's a reason for them."


***

Evacuation order issued for parts of Saunders County


The Saunders County, Nebraska, Sheriff's Office announced an emergency evacuation order Saturday evening.


The county's emergency management agency said the following communities must evacuate due to an "imminent levee failure" along the Platte River:


>> Thomas Lakes


>> Lake Allure


>> Big Sandy


>> Sandy Pointe


>> Wann


The Sheriff's Office said emergency personnel were facilitating the evacuation. The Ashland Fire Department said in a tweet to "get out NOW!"


***

Salvation Army's Gene Eppley camp is 'total loss' after flooding


The Salvation Army's Gene Eppley Camp, which is just south of Omaha near U.S. Highway 75, looks to be a total loss after the nearby Platte River flooded.


The camp sits on the north bank of the Platte between Bellevue and Plattsmouth. It was inundated by floodwaters on Saturday, a Salvation Army spokesman said.


"Water levels have reached all the way up to the roofs of the cabins and other buildings," said Todd Andrews, the spokesman.


An initial survey of the property indicates the Eppley camp, which sits on 118 acres, is a "total loss," the Salvation Army said.


Some 3,400 people were scheduled to use the camp this year, which for decades has been a year-round camp.


The Salvation Army said it is looking for volunteers to assist with flood-relief efforts. To volunteer, people can call 402-989-6050. People also can donate by going to a special website set up for flood disaster relief.


***

U.P. evacuates people from Waterloo and Valley using rail lines; curfew enacted


On Saturday afternoon, Union Pacific began to transport people who were evacuating the flooded Waterloo and Valley areas to the safety of Elkhorn.


Evacuees were being transported by so-called high-rail vehicles along U.P.'s rail lines. They were being taken to Elkhorn Middle School.


Douglas County, the city of Omaha and other government agencies working under the area's Unified Command for emergencies were working with Union Pacific to arrange the evacuation, according to a county spokeswoman.


At the school, kennels and pet food will be available from the Nebraska Humane Society, as will services from the American Red Cross. Medical and behavioral health professionals also have been requested, the county said. The Omaha Police Department will provide security.


Meanwhile, the Unified Command said an 8 p.m. curfew would be enacted for Valley and Waterloo. The U.P. operations also will stop at 8 p.m. Rescues also will stop at that time, the county said, so if residents haven't been rescued from their homes by then, they should "shelter in place" until morning. Rescues will begin again on Sunday at sunrise, the county said. Residents with emergencies still can call 911.


***

Nebraska nuclear power plant along Missouri River continues operating


The Cooper Nuclear Station near Brownville, Nebraska, along the Missouri River still is operating at 100 percent on Saturday evening, the Nebraska Public Power District said.


The plant continues to operate under a "Notice of Unusual Event" with its federal regulator as the Missouri River is elevated, though water levels near the plant have been going down, NPPD said.


"Water levels in the river have had no impact on operations and there is no indication of leakage at the facility," the power district said.


***

No flooding in city of Columbus as residents sandbag


The Loup River has dropped by about six feet since yesterday, said Columbus and Platte County emergency management director Tim Hofbauer.


There is no flooding within the city of Columbus, he said. Still, residents have been sandbagging the area for weeks, especially around the lake areas. "The levee helped in Columbus," Hofbauer said. "We love our levee."


The Nebraska Task Force One swift water rescue team worked Thursday and Friday, and Nebraska National Guard medevac units arrived in the area around 7 p.m. Thursday. The unofficial rescue count is 48, Hofbauer said, but he's not sure what the number is for pet rescues.


"Our biggest concern out in the rural areas is that the county roads are extremely soft and muddy," Hofbauer said. If anyone has to travel, he advised them to use extreme caution and not drive through any water.


***

M.U.D. monitoring river conditions; drinking water still safe, utility says


The Metropolitan Utilities District of Omaha, which provides water to much of the Omaha metropolitan area, is monitoring conditions on the Missouri and Platte Rivers as flood waters rise and spark some concerns about contaminants.


The utility said drinking water is safe. It still meets or exceeds all state and federal standards based on more than 1,000 tests a day, the utility said.


"Precautions are in place to protect the reliability of our water treatment and distribution systems," the utility said in a statement. "We are closely monitoring all of our facilities and have contingency plans in place to address any issues that might occur."


In Lincoln, the city said its water also was safe. The Lincoln Water System sources its water from ground water, which isn't at risk from contamination in a flood, the city said.


***

Governor: Evacuate now if you're in the path of floodwaters


Gov. Pete Ricketts said Saturday morning that what's happening is an ominous sign for those downstream, who are likely to face flooding.


Ricketts and other state officials said people should consider leaving preemptively — don't wait to be told to evacuate.


And the National Weather Service said areas like Ashland and Plattsmouth still face trouble Saturday as the Platte and Missouri Rivers continue to rise.


“We’re just smashing some records on the big boys, the Missouri and the Platte,” said meteorologist Jeremy Wesely.


Water levels on the Platte, Missouri and Elkhorn Rivers have crested or are projected to crest Saturday.


In Sarpy County, a string of river and lake communities near Bellevue and the Platte River were evacuated, including Hanson Lakes, Chris Lake and Betty Lake. Residents of Hawaiian Village, north of Papillion, and Villa Springs, south of Springfield, were urged to evacuate immediately to avoid being stranded by rising waters and road closures.


Water levels were expected to keep rising over into Sunday and possibly Monday.


Read full story on Ricketts' visit to Fremont here.


***

In Plattsmouth, positive attitudes as Missouri River gushes over banks


People walked in twos and fours from the Plattsmouth business district on Main Street to the spot where the Missouri River has gushed over its banks.


“Crazy, isn’t it?” said a woman walking up to where the water lapped onto the street.


Ed Olson acted as a narrator of the scene.


“This is a cornfield,” he said, pointing to the small sea in front of him. He motioned to some submerged trailers, RVs and summer homes.


“Now it’s a marina,” Olson said.


The day was sunny and cool.


“Pretty day for a flood. You’ve got to stay positive,” Olson said.


North of Plattsmouth two deer drank from a pool that had seeped into a farmfield.


***

No disruption to flights at Eppley Airfield


The Omaha Airport Authority said Saturday that flight operations at Eppley Airfield have not been affected by flooding, though travelers should be mindful of regional road closures if coming to Eppley Airfield."


***

Mills County evacuation issued; I-29 closed in some places


Mills County, Iowa, officials expanded an evacuation notice Saturday morning for residents near the Missouri River who live east of the Loess Hills, said Sheri Bowen, a spokeswoman. Residents should evacuate by 5 p.m. Saturday.


A shelter has been set up at Salem United Methodist Church in Council Bluffs.


Meanwhile, the county has requested volunteers to help with a sandbag-filling effort on Sunday. It will begin at 10 a.m. on Sunday at Al Hughes Auction, 21929 S. 221st St. in Glenwood. Volunteers can get more information by calling 712-527-3107.


***

Don't sightsee the floodwaters, authorities warn


City of Omaha officials urged residents not to “sightsee” the flooded rivers or drive through barricades in western Douglas County.


Omaha police officers will be along the Missouri River levee in the city limits to prevent anyone from nearing the dangerous floodwaters.


The Douglas County Sheriff's Office also plans to ticket anyone driving around barricades on closed roads around Valley and Waterloo, said Capt. Wayne Hudson.


***




Nearly 900 Nebraskans in temporary shelters


Nearly 900 residents were staying in 18 American Red Cross shelters as of Saturday morning, according to a post from a Nebraska National Guard official.


The Red Cross, the National Guard and state emergency crews are distributing four semi-trucks worth of water donated by grocer Hy-Vee. Communities that need clean drinking water should contact their local emergency management agency for more information on how to receive water.


For more information on shelters and efforts underway to help flooding victims, click here.


***

Check for road closures, bridge washouts before traveling


The Nebraska Department of Transportation reported a number of bridges connected to the state highway system have been washed out and are damaged and impassable.


Click here to see the Nebraska Department of Transportation's live map, or dial 511 to get the latest on road closures. To see Douglas County road closures, Omaha Mayor Jean Stothert recommended checking dogis.org/closedroads


* * *

Nebraska rivers hit record levels


A few rivers have hit record levels as National Weather Service meteorologists caution that water levels will continue to rise for the next several days.


No additional moisture is expected in the coming days that will add to the totals, other than a low chance of snow Monday night, said weather service meteorologist Dave Eastlack.


nd of receding until mid- or late next week," he said.


The Missouri River at Plattsmouth hit a record high of 40.5 feet on Saturday at midmorning. The Platte River near Leshara is dropping after it reached 12.23 feet over Thursday night, which beat the last historical crest.


U.S. Army Corps of Engineers expects the Missouri River at Omaha to crest at 33.7 feet by Sunday, but City of Omaha officials said the river is not expected to compromise the 13 miles of levee it controls.



THE WORLD-HERALD

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Emergency lines open around the state


The Nebraska State Patrol Highway Helpline is available 24 hours per day for motorists in need of assistance. Drivers can reach NSP by dialing *55 from any cell phone or 911 in an emergency.


World-Herald staff writers Alia Conley, Julie Anderson, Erin Grace, Steve Liewer, Nancy Gaarder Reece Ristau, Rick Ruggles, Alli Davis and Brad Davis contributed to this report, which includes information from the World-Herald News Service.