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The Defender A Newsletter of the Neighborhood Defender Service of Harlem Volu me

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Iss u e

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Winter

2012

7th Annual W. Haywood Burns Gala  This Issue: NDS Gala

 ‐ Celebrating Excellence ‐  1

Homecoming 2 Support NDS 3 New Staff

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Message from Rick Jones

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From left: Tammy Jones, Rick Jones, Dr. John Carlos, Jennifer Dorhn, Ted Shaw and Halona Patrick Shaw

On October 25, 2012, the Neighborhood Defender Service celebrated another year of service at the 7th Annual W. Haywood Burns Gala. It was a special evening, which honored two remarkable individuals: social activist Dr. John Carlos of 1968 Olympic fame and legal scholar and former director-counsel and president of the NAACP Legal Defense and Educational Fund, Theodore “Ted” Shaw.

Mona Rivera from news radio 1010 WINS was the Master of Ceremonies and dear friends of NDS, Jennifer Dohrn, Charles S. Dutton and Charlayne Hunter Gault served as the Honorary Co-Chairs. In true NDS fashion, staff attorney Chant’a Parker shared a moving client story, which served to spotlight the work of the entire NDS team and its relentless pursuit of justice.


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Chant’a Parker (left) and Mrs. Foskey at the NDS Gala 2012

“We saw humanity where other attorneys might have seen a hopeless case.” -Chant’a Parker

The Defender

Andrew Foskey Returns Home In the spring of this year, 25 year old Andrew Foskey died of liver cancer in the arms of his mother, Marsha Foskey. Despite the sadness of losing her only child, Marsha Foskey was thankful that day. She was thankful because just weeks before, it seemed that Andrew would die alone in a New York City jail without his family or friends there to say goodbye. But thanks to the diligence of a team of NDS heroes, that was not the case. He spent his last weeks at home with his mother, his aunts, his cousins, his friends and his one-year-old son, Andrew Jr. Raised all of his life in Harlem, Andrew Foskey had run into some trouble with the law throughout his twenties. However, in January of 2012 he was finishing out the last three months of his parole and taking pride in the strides he had made to turn his life around. Andrew was succeeding. On January 21, 2012, Andrew went to report to his parole officer and to his shock, was met by NYPD officers there to arrest him on drug possession charges. He was charged with possession of drugs that were found in an apartment that he visited from time to time, but where he did not live. At his first court date the judge set bail at $25,000. Neither Andrew, nor his family was wealthy, but he hoped that his mother would be able to raise the bail money. Soon, Andrew found out from his attorney, NDS’ Chant’a Parker, that the prosecutor believed that he had information about a murder. Knowing Andrew was terminally ill, his family moved quickly to post bond, but as soon as they did, the prosecutor asked the judge to double the bail amount, which he did.

Despite requests by Ms. Parker for a compassionate release or a lower bail, Andrew remained in jail. The prosecutor knew about his cancer, but wanted information. Andrew was afraid of talking to the prosecutor and afraid of spending his last few months in jail. The prosecutor wasn’t budging. Seeing Andrew’s rapid deterioration, Ms. Parker would not take “no” for an answer. She and NDS Social Worker Johanna Neufeld pulled out all of the stops on Andrew’s behalf. Written motions were filed, countless meetings with the judge and prosecutor were had, contacts were exhausted at the Department of Health (DOH) and the Department of Corrections (DOC), and all met with no success. Ms. Parker prepared to file an appeal. Nearly three months had passed with Andrew still in jail. Finally, through sheer determination, one of the calls Ms. Neufeld made to the DOH paid off. Ms. Parker and Ms. Neufeld were able to get the ear of the Director of the DOH, Dr. Hayman, and after meeting with Andrew, he determined that Andrew would die shortly. Dr. Hayman made calls to the prosecutor and the judge petitioning for Andrew to be released immediately – and he was! Two weeks later, on April 6, 2012, Andrew Foskey passed away. His family and friends were by his side. NDS’s Chant’a Parker and Johanna Neufeld never gave up on Andrew. “We saw humanity where other attorneys might have seen a hopeless case,” said Ms. Parker. They never let go of that hope and never lost sight of the human being that was Andrew Foskey.


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Join Us in the Fight As a holistic public defender office, NDS seeks to recognize and address the reasons why our clients have become involved with the criminal justice system. We provide an array of services that will assist clients, their families and the community. This mission would not be possible without the support of a diverse group of corporations, foundations, and individuals.

Your generous gift can help NDS do the following: 1. Provide representation for clients facing evictions in NYC Housing Court. 2. Represent students facing suspension or expulsion in NYC school suspension hearings. 3. Provide deportation defense to immigrants, as well as seek legal avenues to remain employed and continue their studies.

Donate by Check: Payable to “Neighborhood Defender Service”, at: Attn: Lauren Winston Neighborhood Defender Service 317 Lenox Avenue, 10th Floor New York, NY 10027 *Please note “newsletter” on your check. Thank you!

Donate Online: Just Give — www.JustGive.org NDS is a 501(c)3 nonprofit organization, and all donations are tax-deductible to the extent provided by law.

NDS Welcomes New Staff Members During the summer and fall of this year NDS has welcomed a new group of talented members to the team. Megan Gokey joins us as a Caseworker. Megan earned a Bachelor of Arts in Women's, Gender and Sexuality Studies, Political Science and Spanish from the University of Wisconsin, La Crosse in 2009. Jonathan Arias, Ryan Shanovich and Teghan DeLane came on board as staff attorneys. Jonathan earned his J.D. from Fordham University School of Law and has served as a judicial intern for The Honorable Jaime A. Rios of the Queens Supreme Court. Ryan earned his J.D. from New York University School of Law in 2009. He served as Assistant Public Defender at the Law Offices of the Public Defender in Miami, FL and interned at the

Regina Gennari joins as our new Housing Defense Attorney and Colleen Manwell joins us as our first Mental Health Equal Justice Works Fellow. Regina is a graduate of Benjamin N. Cardozo School of Law in New York and has served as a Housing Department Legal Jahaan Shaheed, Quincy intern at Manhattan Legal SerMyers and Elbert Aull joined us vices. Colleen is a graduate of as our newest class of NDS Felthe University of Michigan lows. Jahaan earned her JD from Law School, where she worked Georgetown University Law Cenas a student attorney in both ter. She has served as a clerk for the Juvenile Justice Clinic and the Public Defender Service of the the Federal Appellate Clinic. District of Columbia. Quincy received his JD from New York Uni- Dorichel Rodriguez joined NDS as the Team Arraignment versity School of Law and has served as a Senior Law Clerk for Administrator. She earned a Orleans Public Defenders in New Bachelor of Science in Criminal Orleans, LA. Elbert Aull is an Ohio Justice from Xavier University State University, Moritz School of in Cincinnati, OH and prior to joining the NDS team, she Law graduate and served as a worked as a Diversion/Pretrial Law Clerk for the Office of the Federal Public Defender in Colum- Officer for the Court of Justice in Newport, Kentucky. bus, OH. Center for Justice and International Law in Buenos Aires, Argentina. Teghan earned her J.D. from the University of Wisconsin Law School. She has previously served as a legal intern for the Wisconsin State Public Defender Office.


Message from Executive Director, Rick Jones The following are the opening remarks of Rick Jones, NDS executive director, made at the 7th Annual NDS W. Haywood Burns Gala at Gotham Hall in New York City on October 25th, 2012. Reprinted with permission. Emphasis added.

more clients than ever in our history. More families have been helped. More cases dismissed. More trials won. More deportations avoided. More evictions prevented. More school suspensions stopped. More kids still in school. More mothers mothering. More My name is Rick Jones. I’m the executive director of the Neigh- Jones. Last, but certainly not least, fathers fathering. More families borhood Defender Service of two people behind the scenes who surviving. This is the work the Harlem. At the outset, I want work all year to make this happen, heroes at NDS do every day. NDS is in the house tonight. to take this opportunity to Lauren Winston-McPherson and Let’s show them how much we thank a number of people with- Kristin Holcomb, our Gala Coordiappreciate them. out whom this night would not nator. Let’s give them all a big be occurring. round of applause. We’ve got a great program on First, the NDS Board of Trustees and our chair Rowan Wilson; next are our phenomenal Benefit Committee Honorary Co-Chairs Jennifer Dohrn, Charles Dutton, Charlayne Hunter-Gault and our Benefit Committee Co-Chairs Jonathan Abady, LaShann DeArcy, Matthew Mazur, David Sanford, Jerry Shargel and my beautiful and talented wife Tammy

tap- Dr. John Carlos – 1968 Olympics – Mexico City; Chant’a Parker – a staff attorney at NDS will tell you a powerful story about one of her clients and her work on his behalf; and Ted Shaw, our 2012 W. Haywood Burns Honoree. Great venue, great entertainment, really, really good food and good friends. Enjoy yourselves and Since last we all gathered here one thank you for your support. year ago, we have represented I have been thinking a lot lately about the problems within our criminal justice system– stop and frisk, overcriminalization, mass incarceration. But the beauty of this evening is that it gives me an opportunity to talk about the amazing work of an amazing group of heroes, the staff at NDS.

Board of Trustees

Neighborhood Defender Service of Harlem Making Justice A Reality For Those Farthest From Its Reach

317 Lenox Ave. 10th floor New York, NY 10027 Phone: 212-876-5500 Fax: 212-876-5586 E-mail: info@ndsny.org

Rowan Wilson, Chair Jonathan Abady B. Seth Bryant John R. Cuti LaShann DeArcy Miriam Gohara Eric Lane Pamela Lipp-Hendricks Matthew L. Mazur Melody Rollins Downes David Sanford Gerald L. Shargel Elinor R. Tatum


The Defender