FREEPETEY.COM

Day 26

August 18 to August 27, 2007: It took only 9 days to "sideline" Captain Peter Bosco and two fire chiefs in a rush to judgement without any evidence.  Scoppetta's 'sideline' is a pasture where he puts his scapegoats to graze.

August 27 to today, September 22, 2007 is 26 days.  Now that the evidence is available, how slow Bloomberg and Scoppetta are to exonerate those whose reputations they have tarnished.  It takes 'big men' to admit a mistake was made.  Is Mayor Bloomberg a big man or just another small minded politician.  Every day you delay to exonerate these three fire officers, Mr. Mayor, you look smaller and smaller and add salt to the wounds you wrongly inflicted on three innocent fire officers.

 
Given that the most contaminated work site in the world could not be inspected safely without a plan, training, drills, safety equipment, decontamination equipment, and post inspection medical monitoring and given that FDNY provided none of these,

the issue is whether there was

a duty to inspect vs. a privilege not to inspect.**  In other words, given the foregoing, was the duty to inspect applicable or inapplicable. 

Bloomberg and Scoppetta initially took the position in their rush to judgement that  

"Their's not to make reply,
Their's not to reason why,
Their's but to inspect and die."

However, at the time Bloomberg and Scoppetta rushed to judgment they did not understand the givens explained above. Bloomberg did not know that the big chiefs at FDNY had not given Engine 10 the means that would have made safe inspections possible. Bloomberg and Scoppetta cannot possibly believe now that firefighters had the duty to inspect the most contaminated work site in the world without a plan, training, drills, safety equipment, decontamination equipment and post inspection medical monitoring. 

Has anyone asked them if they have revised their initial opinion, if not , why not and if so, why?

If Bloomberg and Scoppetta now agree with the indisputable evidence that there was no plan, training, drills, safety equipment, decontamination equipment and post inspection medical monitoring, why do they continue to "sideline" the three fire officers? Why is Mayor Bloomberg dilly-dallying? 

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** The legal issue is between a command and a permission. The command is the duty to inspect.  The permission is the privilege not to inspect. For an explanation of a command and a permission and a privilege and a duty, see,

• Wesley Newcomb Hohfeld, Fundamental Legal Conceptions as applied to Judicial Reasoning (Greenwood Press, Westport Connecticut)
• John Bosco, How to Understand a Law, Available only online at Lulu.com