MEC&F Expert Engineers

Tuesday, February 5, 2019

NOT GUILTY! ON FEBRUARY 4, 2019, DR. BASILIS N. STEPHANATOS, PHD, PE, JD WAS FOUND NOT GUILTY BY A JURY OF HIS PEERS IN BERGEN COUNTY, NEW JERSEY








 NOT GUILTY!  

ON FEBRUARY 4, 2019, DR. BASILIS N. STEPHANATOS, PHD, PE, JD WAS FOUND NOT GUILTY BY A JURY OF HIS PEERS IN BERGEN COUNTY, NEW JERSEY







RE:     STATE V. BASILIS STEPHANATOS

            DOCKET NUMBER 17-1723

            INDICTMENT NUMBER 11-09-810-2

            JURY FOUND DR. STEPHANATOS NOT-GUILTY OF FOUR VERY SERIOUS CHARGES

   This was a not-guilty verdict on all four (4) very serious charges on the indictment obtained in September 2011. 

Importantly, the sheriff officers testified under oath that they failed to “knock and announce” prior to performing a search of Stephanatos' home.

The numerous contradicting statements of the sheriff officers provided further proof that they fabricated their charges against Dr. Stephanatos.  The events occurred during an eviction where they used a void ab initio writ of possession obtained by the antitrust conspirators Robert Del Vecchio, Jr., Esq., American Tax Funding, LLC, Matthew Marini, Keith Bonchi, et al on June 28, 2011.


THE PASSAIC COUNTY PROSECUTOR PROVIDED “SMOKING GUN” EVIDENCE AGAINST ROBERT DEL VECCHIO
On January 23, 2019, as part of the pre-trial discovery, the Passaic County prosecutor provided Dr. Stephanatos with several handwritten pages prepared by Defendant Robert Del Vecchio, Jr., Esq. in May 2011.  The newly discovered pages show that Defendant Del Vecchio faxed letters to the Passaic County Sheriff stating that Stephanatos was a “dangerous Deft” and that Stephanatos had threatened him on May 24, 2011.  All these written statements by Defendant Del Vecchio were fabricated by him to prejudice the Passaic County Sheriff against Stephanatos and to force Stephanatos out of his home using the void ab initio ex-parte writ of possession.

A MALICIOUS PROSECUTION CLAIM WILL BE SUBMITTED TO THIS COURT
Dr. Stephanatos will be filing a claim of malicious prosecution claim.  This claim is timely, as the criminal proceedings ended in Dr. Stephanatos' favor on February 4, 2019.  The malicious prosecution claim is a tort action brought in civil court to recover money damages for the harm suffered from the malicious claim.  Dr. Stephanatos will seek to recover money from the Defendants for the various costs associated with having to defend against the baseless and vexatious charges.  The damages will include the cost of making a $300,000 cash bond, attorney fees, and economic harm from being wrongfully incarcerated and not being able to find employment or pursue his law license as a result of the pending charges for the last 8 years.  Dr. Stephanatos will also seek to recover money for the emotional distress associated with being jailed and wrongfully prosecuted for the last 8 years and for the malicious statements made by Defendant Robert Del Vecchio to the sheriff, damaging his good standing and reputation in the community for the last 8 years.
  =========================================================
Basilis N. Stephanatos, PhD, JD

____________________________________________________________
February 4, 2019


William T. Walsh
Clerk, United States District Court
District of New Jersey
M.L. King, Jr. Federal Building & U.S. Court House
50 Walnut Street
Room 4015
Newark, New Jersey 07101-0999
Tel.: 973-645-3730

THE HONORABLE JOHN MICHAEL VAZQUEZ
United States District Judge
Lautenberg U.S. Post Office & Courthouse
2 Federal Square, Room 417
Newark, New Jersey 07102
Tel.: 973-297-4851/973-645-2157(Deputy Clerk)



RE:     Civil Action No. 02:12-cv-01793 (JMV-JBC)
            JURY FOUND STEPHANATOS NOT-GUILTY

Dear Judge Vazquez:
I am writing to inform the Court that a Bergen County jury of my peers has found me not guilty of all the fabricated charges by Defendants Ronald A. Lucas, Victor D’Agostino that somehow I had pointed a gun at the officers on June 28, 2011.  This was a not-guilty verdict on all four (4) very serious charges on the fraudulently obtained indictment in September 2011. 
THE OFFICERS MADE NUMEROUS ADDITIONAL CONTRADICTING AND UNCORROBORATED STATEMENTS DURING THEIR TESTIMONY EVIDENCING FABRICATION OF EVIDENCE AND CONSPIRACY TO PROSECUTE MALICIOUSLY
During their January 29, 2019 testimony (both direct and cross) Defendants Lucas and D’Agostino made a very significant number of additional contradicting and uncorroborated statements; this led to the non-guilty verdict.
Importantly, the sheriff officers testified under oath that they failed to “knock and announce” prior to performing a search of my home.
The numerous contradicting statements of the sheriff officers provide further proofs that they fabricated their charges against Dr. Stephanatos.
I will submit the additional evidence to this Court only if and when you order me to do so.
THE PASSAIC COUNTY PROSECUTOR PROVIDED “SMOKING GUN” EVIDENCE AGAINST ROBERT DEL VECCHIO
On January 23, 2019, as part of the pre-trial discovery, the Passaic County prosecutor, Mr. Stephen Bollenbach, provided me with several handwritten pages prepared by Defendant Robert Del Vecchio in May 2011.  The newly discovered pages show that Defendant Del Vecchio faxed letters to the Passaic County Sheriff stating that Stephanatos was a “dangerous Deft” and that Stephanatos had threatened him on May 24, 2011.  All these written statements by Defendant Del Vecchio were fabricated by him to prejudice the Passaic County Sheriff against Stephanatos and to force Stephanatos out of his home using the void ab initio ex-parte writ of possession.
Judge Guida, the presiding judge over the criminal proceedings ruled that Dr. Stephanatos did not threatened conspirator Del Vecchio with any physical violence and he only warned Del Vecchio of legal action.
I will submit the newly discovered additional evidence to this Court only if and when you order me to do so.
THE MALICIOUS PROSECUTION CLAIM WILL BE SUBMITTED TO THIS COURT ONLY WHEN ORDERED TO DO SO
I am also writing to inform the Court that I will be filing a claim of malicious prosecution with this or another federal court.  This claim is based on the Fourth Amendment and it is timely, as the criminal proceedings ended in my favor on February 4, 2019.  The Fourth Amendment malicious prosecution claim is a tort action brought in civil court to recover money damages for the harm suffered from the malicious claim.  I will seek to recover money from the Defendants for the various costs associated with having to defend against the baseless and vexatious charges.  The damages will include the cost of making a $300,000 cash bond, attorney fees, and economic harm from being wrongfully incarcerated and not being able to find employment or pursue my law license as a result of the pending charges for the last 8 years. I will also seek to recover money for the emotional distress associated with being jailed and wrongfully prosecuted for the last 8 years by the Passaic County sheriff and the Defendant officers and for the malicious statements made by Defendant Robert Del Vecchio to the sheriff, damaging my good standing and reputation in the community for the last 8 years.
A FOURTEENTH AMENDMENT DUE PROCESS CLAUSE STAND-ALONE CLAIM ALSO EXISTS UNDER SECTION 1983 FOR FABRICATION OF EVIDENCE
Pursuant to Halsey v. Pfeiffer, 750 F.3d 273 (3d Cir. 2014), a court should not foreclose a Fourteenth Amendment stand-alone claim for fabrication of evidence even if a Fourth Amendment malicious prosecution claim fails (for example) because of the existence of probable cause even without the fabricated evidence.  Such a claim is available even if the criminal defendant is acquitted, “if there is a reasonable likelihood that, absent the fabricated evidence, the defendant would not have been criminally charged.” Black v. Montgomery County, 835 F.3d 358, 370 (3d Cir. 2016).  In Michele Black v. County of Montgomery, No. 15-3399 (3d Cir. 2016) where the Third Circuit ruled that “an acquitted criminal defendant may have a stand-alone fabricated evidence claim against state actors under the due process clause of the Fourteenth Amendment if there is a reasonable likelihood that, absent that fabricated evidence, the defendant would not have been criminally charged.”  This fabrication of evidence claim has already been filed with the Court in October 2018.
Based on evidence discovered during the trial, Stephanatos has additional claims against the Passaic County Sheriff.
1.            A §1983 CLAIM FOR FAILURE TO PROPERLY TRAIN, SUPERVISE AND CONTROL OFFICERS (AGAINST THE PASSAIC COUNTY SHERIFF DEPARTMENT);
2.            A STATE LAW TORT CLAIM FOR FAILURE TO PROPERLY TRAIN, SUPERVISE AND CONTROL OFFICERS (AGAINST THE SHERIFF DEPARTMENT);
3.            A §1983 CLAIM FOR FAILURE TO INVESTIGATE (AGAINST THE PASSAIC COUNTY DEFENDANTS)

I will submit the malicious prosecution claim and the failure to investigate, train and supervise the sheriff officers, including the newly-obtained discovery and trial testimonies, to this Court only if and when you order me to do so.
Respectfully submitted,

________________________________
Basilis N. Stephanatos, PhD, JD

PS.:  I had the duty to report to this Court the results of the criminal proceedings and the availability of newly discovered evidence to correct manifest error of law or fact.  Please do not consider this letter as a violation of a standing court order regarding the submission of documents to the Court.

CERTIFICATION OF BASILIS N. STEPHANATOS
I hereby certify under penalty of perjury that the foregoing statements made by me are true and correct.  I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. NJ Court Rule R. 1:4-4(b); 28 U.S.C. §1746.

DATE:  February 12, 2019

Respectfully Submitted,


___________________________________
Basilis N. Stephanatos, PhD, PE, JD


==========================================

MAJOR BOMBSHELL UNCOVERED BY METROFORENSICS: New Jersey's Office of Foreclosure has either negligently or intentionally violated a number of state tenancy laws and coerced the Superior Court Clerk into issuing illegal eviction orders



SenVanDrew@njleg.org; AsmAndrzejczak@njleg.org; AsmLand@njleg.org; SenBrown@njleg.org; AsmMazzeo@njleg.org; AsmArmato@njleg.org; SenSweeney@njleg.org; AsmBurzichelli@njleg.org; AsmTaliaferro@njleg.org; SenMadden@njleg.org; AsmMoriarty@njleg.org; AswMosquera@njleg.org; SenCruzPerez@njleg.org; AswEganJones@njleg.org; AsmSpearman@njleg.org; SenBeach@njleg.org; AsmGreenwald@njleg.org; AswLampitt@njleg.org; SenSingleton@njleg.org; AsmConaway@njleg.org; AswMurphy@njleg.org; SenAddiego@njleg.org; AsmHowarth@njleg.org; AsmPeters@njleg.org; SenConnors@njleg.org; AsmRumpf@njleg.org; AswGove@njleg.org; SenHolzapfel@njleg.org; AsmWolfe@njleg.org; AsmMcGuckin@njleg.org; SenGopal@njleg.org; AswDowney@njleg.org; AsmHoughtaling@njleg.org; SenThompson@njleg.org; AsmClifton@njleg.org; AsmDancer@njleg.org; SenOscanlon@njleg.org; AswHandlin@njleg.org; AswDiMaso@njleg.org; SenGreenstein@njleg.org; AsmDeAngelo@njleg.org; AsmBenson@njleg.org; SenTurner@njleg.org; AswReynoldsJackson@njleg.org; SenBateman@njleg.org; AsmFreiman@njleg.org; AsmZwicker@njleg.org; SenBSmith@njleg.org; AsmDanielsen@njleg.org; AsmEgan@njleg.org; SenDiegnan@njleg.org; AsmKarabinchak@njleg.org; AswPinkin@njleg.org; SenVitale@njleg.org; AsmCoughlin@njleg.org; AswLopez@njleg.org; SenCryan@njleg.org; AswQuijano@njleg.org; AsmHolley@njleg.org; SenKean@njleg.org; AsmBramnick@njleg.org; jaynee.lavecchia@judiciary.state.nj.us; barry.albin@judiciary.state.nj.us; lee.solomon@judiciary.state.nj.us; walter.timpone@judiciary.state.nj.us; anne.paterson@judiciary.state.nj.us; fj.fernandez-vina@judiciary.state.nj.us; stuart.rabner@judiciary.state.nj.us; stuart.rabner@njcourts.gov; 'Sven Pfahlert' <sven.pfahlert@judiciary.state.nj.us>; 'Sven Pfahlert' <sven.pfahlert@njcourts.gov>; 'Michelle Smith' <Michelle.Smith@njcourts.gov>; 'Irene Komandis' <irene.komandis@njcourts.gov>; kathryn.shabel@njcourts.gov; mary.jacobson@njcourts.gov; Thomas.Laconte@njcourts.gov; paul.innes@njcourts.gov


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SenVanDrew@njleg.org; SenSweeney@njleg.org; SenMadden@njleg.org; SenSingleton@njleg.org; SenHolzapfel@njleg.org; SenThompson@njleg.org; SenOscanlon@njleg.org; SenTurner@njleg.org; SenVitale@njleg.org; SenKean@njleg.org; SenScutari@njleg.org; SenOroho@njleg.org; SenPennacchio@njleg.org; SenRice@njleg.org; SenRuiz@njleg.org; SenSinger@njleg.org; SenSacco@njleg.org; SenStack@njleg.org; SenPou@njleg.org; SenSarlo@njleg.org; SenWeinberg@njleg.org; SenLagana@njleg.org; stuart.rabner@judiciary.state.nj.us; stuart.rabner@njcourts.gov; 'Sven Pfahlert' <sven.pfahlert@judiciary.state.nj.us>; 'Sven Pfahlert' <sven.pfahlert@njcourts.gov>;



December 15, 2018

RE: MAJOR SCANDAL REGARDING THE VIOLATION OF THE STATE’S TENANCY LAWS BY THE CLERK OF THE SUPERIOR COURT OF NEW JERSEY AND THE OFFICE OF FORECLOSURE. 

DID SVEN PFAHLERT COLLUDE WITH CREDITOR LAWYERS TO VIOLATE PEOPLE’S POSSESSORY RIGHTS?


Dear Legislators and Justices:

It has been reported in the media (see excerpts below) that the Office of Foreclosure has either negligently or intentionally violated a number of state tenancy laws by:
 
1.      Entering ex-parte writs of possession the same day as a judgment for possession in violation of N.J.S.A. 2A:18-57;

2.      Entering ex parte writs of possession without the requisite notice for demand to quit in violation of 2A:18-61.2 and/or NJSA 2A:18-53 (addressing the removal of tenant at sufferance)


3.      Entering an ex-parte judgment for possession without receiving a proof of notice to quit that is prerequisite to judgment (See N.J.S.A. 2A:18-56);


4.      Accepting as true the self-certifications of bank attorneys that a residential property occupier had no possessory rights when according to state case law these people are tenant-at-sufferance, protected by the Summary Dispossess Act, N.J.S. 2A:18-53 (See the definition of tenant found in NJSA 46A:14-1, stating that a tenant-at-sufferance is included in the definition of a tenant)

THE NEW JERSEY SUPREME COURT HAS RULED THAT EX-PARTE JUDGMENTS OF POSSESSION ISSUED WITHOUT A STATE STATUTE-REQUIRED DEMAND TO QUIT AND NOTICE OF AN EVICTION HEARING ARE ILLEGAL AND VOID. EVEN IF THE JUDGMENT HAD BEEN ENTERED LAWFULLY (IT WAS NOT), THE CLERK HAD NO JURISDICTION TO ISSUE THE WARRANT OF REMOVAL THE SAME DAY THE JUDGMENT WAS ENTERED.
On June 15 the Housing Authority's counsel wrote to the court clerk, ex parte, and enclosed an affidavit which stated that the tenants had failed and neglected to comply with the terms of the settlement. He requested that a judgment for possession be entered and a warrant of removal issued. On June 16, without notice to the tenants, a judgment for possession was entered and that same day a warrant of removal issued.
It is clear that the judgment for possession entered on June 16 was invalid. The court's order dated April 28 which memorialized the terms of the settlement did not fix a time within which the back rent had to be paid. Obviously a reasonable time was intended. However, the Housing Authority, although it concluded that there had been a failure to comply with the terms of the settlement, should not have applied ex parte for entry of a judgment for possession on that ground, and the clerk should not have entered judgment without giving the tenants an opportunity to be heard. R. 6:6-3(b). Even if the judgment had been entered lawfully (we hold it was not), the clerk had no *316 jurisdiction to issue the warrant of removal the same day the judgment was entered. N.J.S.A. 2A:18-57 provides that in summary dispossess proceedings "[n]o warrant of removal shall issue until the expiration of 3 days after entry of judgment for possession."
Since the June 16 judgment was illegal and void, the tenants' motion to vacate that judgment and quash the warrant of removal, heard on October 6, should have been granted on jurisdictional grounds. Mrs. Hayward's appeal from that ruling was timely and should not have been dismissed by the Appellate Division.
*317 Accordingly, we set aside the dismissal, reinstate the appeal and, having considered the merits, reverse the October 6 ruling of the trial court and direct that court to vacate the judgment for possession and warrant of removal, and dismiss the complaint.
HOUSING AUTHORITY OF CITY OF WILDWOOD v. Hayward, et al., 406 A.2d 1318, 81 N.J. 311 (1979)

It is apparent that lawyers for the banks and other creditors have been colluding with the office of foreclosure lawyers to violate the tenancy laws of the state.  THIS IS A MAJOR SCANDAL AND/OR CORRUPTION IN THE STATE'S JUDICIARY BRANCH.

The State’s own law revision commission states the following:

Since enactment of the Anti-Eviction Act, N.J.S.A. 2A:18-61.1 et seq., the Summary Dispossess Act has been understood to cover the eviction of nonresidential tenants and residential tenants not covered by the Anti-Eviction Act.  Source: STATE OF NEW JERSEY, NEW JERSEY LAW REVISION COMMISSION, Final Report Relating to Landlord and Tenant Law, February 10, 2012.

This tenancy at sufferance is included in the definition of tenant in the New Jersey statutes: "Tenant" includes, but is not limited to, a lessee or tenant at will or at sufferance or for any duration, or any subtenants, assigns, or legal representatives of the lessee or tenant. Title 46A – Landlord and tenant law. Article 5, eviction, chapter 14, eviction generally.  46A:14-1: Tenant, landlord, residential rental premises; what is included.

Here is some of the case law of New Jersey:

Under New Jersey law, "[a] purchaser at a mortgage foreclosure sale obtains the legal right to possession of land purchased as soon as he obtains a deed from the selling officer." 30 New Jersey Practice, Law of Mortgages § 373. The mortgagor's continued possession of the property after such time is that of a tenant at sufferance. See Caruso v. Hunt, 69 N.J.Super. 447, 452, 174 A.2d 381 (Ch.Div. 1961) (quoting 2 C.J.S. Adverse Possession § 105, page 659) ("The owner's continued possession after sale of the property at execution, judicial, or like sale is that of a tenant at sufferance of the purchaser”). In Re St. Clair, 251 B.R. 660 (D.N.J. 2000).  We have found that a tenant at sufferance is "'one who comes into possession of land by lawful title, usually by virtue of a lease for a definite period, and after the expiration of the period of the lease holds over without any fresh leave from the owner.'" Xerox Corp. v. Listmark Computer Sys., 142 N.J. Super. 232, 240 (App. Div. 1976) (citing Standard Realty Co. v. Gates, 99 N.J. Eq. 271, 275 (Ch. 1926)).  WA GOLF COMPANY, LLC v. ARMORED, INC, Appellate Division, August 6, 2014.

 
To remove a tenant at sufferance, the statutory procedures provided under the Summary Dispossess Act, N.J.S. 2A:18-53 et seq. must be followed.  However, the lawyers for the creditors failed to follow these procedures and therefore, the tenants-at-sufferance due process rights established by the above state laws were violated.

The Office of Foreclosure and the Clerk have been refusing to respond;  that is why we are asking for your intervention and investigation into these illegalities.

The Summary Dispossess Act, N.J.S. 2A:18-53 et seq. requires proof of notice to quit prior to entering a judgment for possession.

2A:18-56. Proof of notice to quit prerequisite to judgment

No judgment for possession in cases specified in paragraph "a." of section 2A:18-53 of this Title shall be ordered unless:

a.            The tenancy, if a tenancy at will or from year to year, has been terminated by the giving of 3 months' notice to quit, which notice shall be deemed to be sufficient; or

b.            The tenancy, if a tenancy from month to month, has been terminated by the giving of 1 month's notice to quit, which notice shall be deemed to be sufficient; or

c.            The tenancy, if for a term other than at will, from year to year, or from month to month, has been terminated by the giving of one term's notice to quit, which notice shall be deemed to be sufficient; and

d.            It shall be shown to the satisfaction of the court by due proof that the notice herein required has been given.



In addition to the New Jersey, we also cite the law of the State of Virginia.  All other states have identical procedures.  


Evictions and Unlawful Detainers in VA

House Bill 311 codifies certain roles and procedures during unlawful detainer matters:


1.            A former owner of a single-family residential dwelling unit who remains in the property after foreclosure is now defined as a tenant at sufferance.


2.            A successor owner has the right to file an unlawful detainer action three days after giving the tenant written termination notice.

The Virginia law is identical to the one New Jersey has. Almost every other state has similar procedures.  The Clerk and the Office of Foreclosure have been negligently or intentionally colluding with the lawyers for the creditors to violate the due process rights of tenants - and as is typical, the New Jersey Supreme Court is asleep at the wheel.

ALERT REGARDING MR. PFAHLERT
CONFLICT OF INTEREST OF SVEN PFAHLERT IN ISSUING OPINIONS ON FORECLOSURE MATTERS

What your Office of Foreclosure did was to then believe Mr. Sven Pfahlert’s (a former private law firm employee with Honig & Greenberg, L.L.C. – these are the people who have been attacking the homeowners and now he works for the State of New Jersey- THIS IS A HUGE RED FLAG) incorrect and illegal advice and enter an ex-parte judgment for possession without the prerequisite notices.  You then entered the very same day an ex-parte writ for possession again in violation of the state statutes requiring notice to quit or vacate.  You also violated state law that says you cannot enter a writ the same day you entered a judgment.  To make matters worse, the judgment was entered by judges in Mercer County who had neither personal nor subject matter jurisdiction over the homeowner or the property.
These deceptive and unlawful practices by these convicted Anti-Trust Conspirators have been criticized by the state of New Jersey and the Public Advocate Division.  See for example the following excerpt from the “Toolkit for Tenants Living in Foreclosed Properties”, published by the Department of the Public Advocate, Trenton, NJ 08625, dated March 2010:
Courts and Sheriffs.  In addition to owners and those who work for them, the courts and sheriff officers sometimes mistakenly target protected tenants during the foreclosure process. The writs of execution and final foreclosure judgments are drafted by the attorneys for the lenders. The attorneys sometimes use language in court papers that cause problems because it seems to cover tenants (for example, “and any and all persons occupying said premises”). Other times attorneys specifically name tenants and certify (swear to the court) that those tenants are not covered by the Anti-Eviction Act.  This is especially problematic because tenants often do not have the opportunity to demonstrate that they are in fact legitimate tenants until after the removal has already been ordered by the court and scheduled by the sheriff. If a court order specifically names a tenant to be removed, the sheriff must evict that person. Sometimes, however, sheriffs read the language in the order and believe that they must evict everyone. Also, some notices that sheriffs create and post on property include language, such as “occupants” instead of “owners,” that appears to include tenants. The Attorney General distributed a memo to sheriffs regarding the rights of tenants living in foreclosed properties.


I LOOK FORWARD HEARING FROM YOU REGARDING THESE STATE LAW VIOLATIONS AND THE CONFLICTS OF INTEREST REGARDING MR. PFAHLERT

I hereby certify under penalty of perjury that the foregoing statements made by me are true and correct.  I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. NJ Court Rule R. 1:4-4(b); 28 U.S.C. §1746.



Respectfully Submitted,


Mark Kaplan, Esq.

Sunday, February 3, 2019

Fort Worth recycling center worker 31-year-old Renisha Mitchell, working for Republic Services waste and recycling services, was crushed to death by one-ton bale of recycled material





Renisha Mitchell

January 31, 2019


FORT WORTH, TEXAS

A worker at a waste and recycling center in northeast Fort Worth died early Thursday after she was crushed by a stack of recycled material.

The Tarrant County Medical Examiner identified the victim as 31-year-old Renisha Mitchell, of Fort Worth. Mitchell worked for Republic Services waste and recycling services.

According to police, Mitchell was killed just after 2 a.m. after being crushed by a one ton bale of recycled material.

Three bales of material were reportedly stacked on top of each other, causing them to become unstable.

Two of the bales fell, and one landed on Mitchell.

=============================

FORT WORTH (CBSDFW.COM) – A family is demanding accountability from a Fort Worth business after a mother of four was crushed to death by a one-ton bale of recycled material while working early Thursday morning.

Police are investigating her death as a workplace accident at a recycling plant just south of Airport Freeway in east Fort Worth.

According to police, 31-year-old Renisha Mitchell was at work at Republic Services at around 2:30 a.m. when a stack of three bales of recycled material became unstable, causing one of them to fall on her.


Renisha Mitchell (Family Photo)

The woman’s brother and sister believe the accident could have been easily prevented. They said she was a good mother to her four children, with the youngest being three-months old.

The siblings said Mitchell did everything for children, which is why she was working overnight at a job she’s had for about five years.

“For this to happen to my sister. My baby sister. It’s hurting all of us, and it’s hard because at work you want to feel safe…” said Andrea Williams.

“To hear how she died… it’s crazy. We have a lot of questions,” said Donavan Russell.

Republic Services released a statement on Thursday to offer their condolences to Mitchell and her family.


It is with great sadness for the entire Republic Services family that we learned early this morning that one of our employees will not be making it back home safely to her family. We are mourning the loss of our friend and coworker, and our thoughts and prayers are with her family, her children and loved ones. Republic is fully cooperating with the local authorities…


However, her siblings said the statement wasn’t enough and believe more needs to be done immediately.

“They need to have someone there to be accountable to how something is stacked. There should be a walkway where people go, where they’re not in the direction of something falling on top of them,” said Russell.

“It’s their job to keep you safe… not to get a phone call that your sister passed away at work,” said Williams.

The Occupational Safety and Health Administration said it is investigating the incident.

A 50-year-old construction worker, an employee of Holder-Big D Joint Venture, died after he fell 40 feet down an elevator shaft at Salt Lake City International Airport while working in an area of the airport that is currently under construction.



Update: Construction worker who fell at SLC airport has died of injuries

By Gephardt Daily Staff
- February 2, 2019


Photo: slcairport.com

SALT LAKE CITY, Utah, Feb. 2, 2019 (Gephardt Daily) — A construction worker who fell 40 feet down an elevator shaft at Salt Lake City International Airport has died of his injuries, it was announced late Saturday.

The 50-year-old man, an employee of Holder-Big D Joint Venture, fell Wednesday morning while working in an area of the airport that is currently under construction. He was transported to the hospital, but information regarding his injuries was not made available at the time.


On Saturday, airport spokeswoman Nancy Volmer released a statement from HDJV:

“We are deeply saddened that the worker injured on January 30 has passed away. To ensure the privacy of the family during this difficult time, no additional information can be provided. Our deepest condolences go out to his family, friends and coworkers.”

The name of the man has not been released.

HDJV is responsible for the current Airport Redevelopment Program, previously referred as the Terminal Redevelopment Program, which is expected to span 10 years and cost approximately $3.1 billion. 





Project Description


The Salt Lake International Airport is the 23rd busiest airport in North America, and the 85th busiest in the world. More than 330 flights depart from the airport every day. The airport services an estimated 20 million passengers annually. That figure will continue to increase as more people move to Utah, and as more businesses set up shop in the state.

In order to keep up with the demand, the Salt Lake City Department of Airports, along with Salt Lake City, have embarked on a 10-year, $3.1 billion dollar project to replace the current Salt Lake City International Airport with a new airport that highlights Utah’s beauty while cutting down on energy costs.

Construction on the first phase of the project, the Airport Redevelopment Program, began in the summer of 2014. Big-D Construction teamed with Holder Construction to create Holder – Big-D, A Joint Venture. Plans for the Airport Redevelopment Program Project called for the following:

• New Long Term Parking Lot
• New Rental Car Facilities consisting of new Quick Turn Around and new Service Buildings
• New Terminal and Concourse
• New 3,600 stall Parking structure, including Rental Car Ready Return
• New Central Utility Plant
• New Apron Paving, Taxilanes and Taxiway intersection lighting
• Extensive site and utility work including removals, new construction and lift stations
• Demolition of existing airport facilities
• Sustainable design to achieve LEED Gold certification

Construction on the Airport Redevelopment Program is expected to be complete in the fall of 2024.


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Big D & Holder Construction awarded Salt Lake City International Airport Project


Salt Lake City – November 1, 2013 — Big-D Construction (www.big-d.com) was recently awarded the Salt Lake City International Airport Terminal Redevelopment Program (TRP) project.

Big-D, along with Holder Construction Company, has developed a joint venture partnership (www.hdjvteam.com), to complete the project, which is expected to span 10 years and cost approximately $1.8 billion. Holder Construction is the team’s managing partner. Together, the HD team will provide preconstruction and construction services for the project.

The Holder/Big-D team was selected in a competitive request for qualifications process involving four qualified respondents. All four companies considered are joint ventures between a national and a local firm. The companies were evaluated by a five member panel on their experience in handling major construction projects, their proposed team, their approach to preconstruction services, their understanding of the scope of the $1.8 billion project, and their fee.

“This selection is a major milestone in launching the program that will build a new terminal and associated facilities at Salt Lake City International Airport,” comments Maureen Riley, Executive Director of the Salt Lake City Department of Airports, “HD has the specialized experience required for this endeavor and the perfect combination of skill and expertise. We look forward to adding them to the project team.”

HD will now begin to closely work with HOK Architects and its sub-consultants along with the TRP Program Director and staff. The TRP is a capital improvement program set in motion by the Salt Lake City Corporation through its Department of Airports (SLCDA). The TRP will construct new facilities, rehabilitate certain structures, as well as construct improved roadways and associated infrastructure

Saturday, February 2, 2019

Maintenance technician Billy Couto, 63, with Sea Watch International died last month after he was injured while operating equipment at the New Bedford, Mass. seafood plant



2nd worker in 5 years dies at seafood processing plant

By:
Anita Baffoni


February 02, 2019

NEW BEDFORD, Mass. - (WPRI) — 


An employee of Sea Watch International died last month after he was injured while operating equipment, prompting the Occupational Safety and Health Administration (OSHA) to open an investigation into the seafood processing plant.

The company on Friday confirmed the death of maintenance technician Billy Couto. The Massachusetts Coalition for Occupational Safety and Health (MassCOSH) said Couto was injured while working on equipment on Jan. 2, 2019, while OSHA said he succumbed to those injuries days later.

Couto was actually the second worker to die at the New Bedford facility in recent years. In 2014, another employee died while working on equipment.

“If, in fact, the exact same violation occurred five years later and that’s what is confirmed, then Sea Watch International isn’t doing what they need to do to ensure their workers are safe and, more importantly, not learning from tragic fatalities,” MassCOSH Executive Director Jodi Sugerman-Brozan said.

A spokesperson for OSHA said in 2014, Sea Watch International was cited for 11 violations - seven of which were deemed serious - resulting in $26,600 in fines.

In that previous case, the company was cited for failing to implement lockout/tagout procedures that protect workers who clean machines, along with fall hazards and chemical hazard communication deficiencies, according to OSHA.

"Our workplace is still trying to cope with Billy’s Couto’s death," Sea Watch International Marketing Manager Tracey Hallbauer said in a statement. "Billy was a fine man and excellent maintenance technician. The circumstances that resulted in his injury were tragic and unforeseeable. Sea Watch is committed to workplace safety, but even with robust precautions, accidents can happen when humans make decisions in the moment. The prior incident was unrelated. Regardless of cause, OSHA investigates any workplace accident resulting in death, as the agency should. We keep Billy and his family in our prayers."

Rhode Island-based Workforce Unlimited Inc., which supplied temporary workers to the plant, was also cited for five violations in 2014 - three deemed serious - and was fined approximately $5,000.

MassCOSH says the seafood processing industry in New England is primarily made up of temporary immigrant workers.

Centro Comunitario de Trabajadores (CCT), a company that serves New Bedford’s immigrant working residents, is calling for criminal charges to be brought against Sea Watch International.

“If Sea Watch took its responsibilities to keep its employees safe, William and Victor would still be with us,” CCT Executive Director Adrian Ventura said in a statement. “If Sea Watch is found to have skirted safety procedures, we call on the Massachusetts Attorney General to file criminal charges. We owe it to these workers’ families and those still at risk on the job at Sea Watch to make sure the plant is held responsible for their actions or lack of action.”

OSHA's inspection of Sea Watch international is still ongoing. It will seek to determine if there were any violations of workplace safety standards in connection with Couto's death.

Sea Watch International describes itself as the largest harvester and processor of clam products in the world.


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ACUSHNET, Mass. —



William “Billy” Couto Jr., age 63, died unexpectedly on the evening of January 6, 2019. He was the beloved husband of Jeanne (Lemaire) Couto, with whom he shared a beautiful marriage of over 40 years.

Born in Acushnet and a lifelong resident; he was son of the late William Couto, Sr. and Lillian McCarthy. He was a maintenance mechanic for various companies in the seafood industry for over 35 years. He was loved and adored by so many friends and family.

He enjoyed riding his Harley Davidson, was a passionate Boston Sports fan, and loved spending time with his family and granddaughter who was the light of his life. A special thanks to Dr. Berretti and all of the ICU staff at St Luke’s Hospital for their compassion and tireless efforts throughout Billy’s care.

In addition to his wife, he is survived by three children, Timothy Couto of Fall River, Cassie Lee Couto of New Bedford and Dylan Couto of Acushnet; one granddaughter, Alanna Jeanne Robidoux-Couto; four siblings, George Dauphin, Patricia Reul, Diane Macek and Michael Couto and several nieces and nephews.

He was the brother of the late Earle Dauphin.

His funeral mass will be held on Monday, January 14, 2019, at 9:00 a.m., from the Rock Funeral Home, 1285 Ashley Blvd., New Bedford, followed by his funeral mass, at 10:00 a.m., in St. Mary’s Church, 343 Tarkiln Hill Rd., New Bedford. Visiting hours will be held Sunday, from 4:00 to 8:00 p.m. To leave a note of condolence www.rock-funeralhome.com.