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A SUMMARY OF THE DEFENSE OF CAPTAIN PETER BOSCO
BEFORE THE AUGUST 18,2007 FATAL FIRE, SCOPPETTA AND HIS CRONIES HAD ACTUAL KNOWLEDGE OF THE UNIQUE HEALTH AND SAFETY REQUIREMENTS FOR INSPECTIONS OF THE UBER TOXIC DEUTCHE BANK BUILDING, SATISFIED THESE REQUIREMENTS FOR ANOTHER UNIT OF FDNY -- NOT THE TEN HOUSE. IN OTHER WORDS, SCOPPETTA AND HIS CRONIES KNEW WHAT TO DO AND ACTUALLY DID IT -- WITH ANOTHER FDNY UNIT BUT NOT WITH THE TEN HOUSE! MOREOVER, THIS OTHER FDNY UNIT STAGED ITS OPERATIONS OUT OF THE TEN HOUSE! It is time for Scoppetta's son to learn to ride a bike. Scoppetta puts training wheels on the bike. Scoppetta puts a helmet on his son's head and futher safeguards him from harm with knee and elbow pads. Scoppetta practices riding with his son day after day. Scoppetta shares his knowledge about bike riding with his son. Later on, it is time for Scoppetta's stepson to learn to ride a bike. Scoppetta puts no training wheels on his stepson's bike. Scoppetta puts no helmet on his stepson's head or pads on his elbows and knees. Scoppetta does not share his bike riding knowledge with his stepson. Scoppetta does not practice with his stepson. Later on, Scoppetta notices that is stepson is not riding a bike. Scoppetta screams at his stepson, "Schmuck, for the life of me, I cannot understand why you are not outside riding your bike with your brother. Go to the sidelines, ehrr, I mean, your room, while I try to figure this out."
⇒ The Smoking Gun! Scoppetta himself knew what was needed to enter the toxic Deutsche Bank Building, and despite his knowledge, he did nothing to train and equip the Ten House (Click Here)
⇒ A TALE OF TWO MISSIONS (or One Hand Can't Clap) (Click Here)
⇒ The misadventures of Batberg and Boy Blunder - Part I (Click Here)
BEFORE THE AUGUST 18,2007 FATAL FIRE, FDNY DID NOT SUPPLY THE TEN HOUSE WITH TYVEK SUITS SO THAT 130 LIBERTY STREET COULD BE SAFELY INSPECTED. It wasn't as if Tyvek suits were hanging on the equipment rack at the TEN HOUSE and Captain Bosco, for the life of him, could not figure out what they were for. FDNY supplied no TYVEK. Captain Bosco is a diligent officer. Had TYVEK been hanging on the equipment rack, he surely would have figured out why it was there. The absence of TYVEK was one of the "signals" - there were many others - that indicated that FDNY did not want the TEN HOUSE entering into the UBER TOXIC DEUTSCHE BANK BUILDING. After the fatal fire on August 18,2007, FDNY supplied the TEN HOUSE with Tyvek - once. It wasn't the new Captain of the Ten House that arranged for the TYVEK. This was arranged by someone well above the rank of Captain of the local firehouse. This was arranged by someone at the top of FDNY hierarchy. Despite the TYVEK, FDNY discovered that it was inappropriate - and cost prohibitive - to have the TEN HOUSE do the inspections and discontinued using the TEN HOUSE. Note: FDNY sent the TEN HOUSE into the UBER TOXIC DEUTSCHE BANK BUILDING in PPE even though still on its books is a rule requiring the use of ordinary clothes. FDNY has not seen fit to formally change its ban on PPE to account for toxic buildings. FDNY does it informally.
⇒ FDNY Engine 10 ordered back into 130 Liberty Street. This time everyone is dressed in TYVEK - not just one but two TYVEK suits (Click Here)
BEFORE THE AUGUST 18,2007 FATAL FIRE, FDNY DID NOT SUPPLY THE TEN HOUSE WITH DECONTAMINATION EQUIPMENT OR PARTNER THE TEN HOUSE WITH A DECONTAMINATION ENGINE SO THAT 130 LIBERTY STREET COULD BE SAFELY INSPECTED.
⇒ FDNY Engine 10 ordered back into 130 Liberty Street. This time everyone is dressed in TYVEK - not just one but two TYVEK suits (Click Here)
BEFORE THE AUGUST 18,2007 FATAL FIRE, FDNY DID NOT DEVELOP A SITE SPECIFIC SAFETY PLAN (a H.A.S.P) FOR 130 LIBERTY STREET. WITHOUT A SITE SPECIFIC SAFETY PLAN IT WAS ILLEGAL FOR THE TEN HOUSE TO ENTER 130 LIBERTY STREET.
⇒ The lesson taught by the case of OSHA vs. Tyler-Conner Inc. dba Eddington & Assoc. Security. Does NYS DOL have a conflict of interest? (Click Here)
⇒ A Tale of Two Missions (or One Hand Can't Clap) (Click Here)
⇒ The misadventures of Batberg and Boy Blunder - Part I ( Click Here )
BEFORE THE AUGUST 18,2007 FATAL FIRE, FDNY DID NOT FURNISH THE TEN HOUSE WITH ANY GENERAL TRAINING ON HOW TO INSPECT TOXIC BUILDINGS. FDNY DID NOT FURNISH ANY GENERAL TRAINING TO ANY LOCAL FIREHOUSE ON HOW TO INSPECT TOXIC BUILDINGS.
⇒ The Chernobyl Firefighters ( Click Here )
⇒ FDNY Commissioner caught with pants down; All the City suffers ( Click Here )
⇒ FDNY forbids the wearing of P.P.E. during inspections of toxic buildings ( Click Here )
BEFORE THE AUGUST 18,2007 FATAL FIRE, FDNY DID NOT FURNISH THE TEN HOUSE WITH ANY SITE-SPECIFIC TRAINING. It is an understatement to say that Ground Zero of which 130 Liberty Street was a part is unique within the City of New York. Ordinary rules, procedures, practices, etc that existed before 9/11/2001 simply do not apply to this unique area. What existed before had to be adapted to account for its uniqueness especially its toxicity. Sometimes adaptation took place; sometimes it did not. FDNY did not furnish any site-specific training to the TEN HOUSE to familiarize it with the unique toxicity of a ground zero building. FDNY had since 9/11/01 to figure out what site-specific training was needed. FDNY failed to share what it had figured out - if anything - with the TEN HOUSE. There were no drills. There were no dry runs. FDNY treated 130 Liberty Street as if it were not unique and was just another normal, ordinary building within the City of New York.
BEFORE THE AUGUST 18,2007 FATAL FIRE, FDNY'S NETWORK OF INFORMATION CONDUITS THROUGH WHICH THE VARIOUS PARTS OF FDNY COULD POOL THEIR SEPERATE, DECENTRALIZED 'KNOW-HOW AND KNOWLEDGE' ABOUT 130 LIBERTY STREET AND OTHER NYC BUILDINGS INTO A SINGLE, CENTRALIZED FDNY WIDE RESERVOIR OF 'KNOW HOW AND KNOWLEDGE' WAS BROKEN, DID NOT EXIST OR WAS TOO CUMBERSOME TO USE AND THEREBY DEPRIVED THE CAPTAIN OF THE TEN HOUSE AND OTHER FIREHOUSES WITH INFORMATION ABOUT 130 LIBERTY STREET
⇒ 'Know-how' & 'knowledge': The conduits that diffuse it to all units of FDNY are broken, don't exist or are too cumbersome to use( Click Here )
⇒ A TALE OF TWO MISSIONS (or One Hand Can't Clap) ( Click Here )
⇒ Déjà vu all over again! (Click Here)
AFTER THE AUGUST 18,2007 FATAL FIRE, FDNY ATTEMPTED TO FURNISH THE TEN HOUSE WITH SOME TRAINING BUT IT WAS NOT SITE-SPECIFIC.
AFTER THE AUGUST 18,2007 FATAL FIRE, FDNY ATTEMPTED TO FURNISH THE TEN HOUSE WITH SAFETY GEAR INCLUDING DOUBLE TYVEK SUITS, DECONTAMINATION ETC.
⇒ FDNY Engine 10 ordered back into 130 Liberty Street. This time everyone is dressed in TYVEK - not just one but two TYVEK suits (Click Here)
⇒ FDNY sends the Ten HOuse back into the Uber toxic Deutsche Bank Building (Click Here)
FDNY's HYPOCRITCAL DOUBLE STANDARD FDNY has "sidelined" Bosco, McDonald and Fuerch blaming them for not complying with the rule of the City of New York (3 RCNY § 11-01) that requires FDNY inspections of buildings within FDNY's jurisdiction that are under construction or demolition at least every 15 days. FDNY continues to "sideline" them even though FDNY knows by now that 3 RCNY § 11-01 did not apply to toxic buildings and did not apply to buildings outside the jurisdiction of FDNY. [Note: It is like blaming them for not inspecting a building in Hoboken, NJ] Yet, FDNY has hypocritically failed to "sideline" Scoppetta, Cassano and McNally for explicitly instructing the entire FDNY to not fully comply with the same NYC rule. Moreover, FDNY has not "sidelined" Scoppetta, Cassano and McNally even though their attempt to modify a rule of the City of New York (3 RCNY § 11-01) by means of a Memorandum does not comply with and is contrary to the New York City Charter
⇒ Is there a double standard? Do only the "little guys" get "sidelined" for violating 3 RCNY § 11-01 or do the "big guys" too? (Click Here)
⇒ There are rules and there are exceptions to rules. Even the 15 day inspection rule found in 3 RCNY § 11-01 has exceptions. (Click Here)
⇒ Is Captain Peter Bosco being framed for violating rules that did not exist during his assignment to Ten Engine? (Click Here)
⇒ The misadventures of Batberg and Boy Blunder - Part I ( Click Here )
⇒ Bloomberg's Double Standard: One for Scapegoats and one for his Pets. (Click Here)
THE POLICY OF NON INSPECTION ORIGINATED WELL BEFORE CAPTAIN PETER BOSCO ASSUMED COMMAND OF THE TEN HOUSE. Captain Peter Bosco did not originate the policy of non-inspection. He inherited it. It pre-dated his arrival at the Ten House. Moreover, it was a policy that made sense given that FDNY had not equipped the TEN HOUSe with the means to safely inspect the toxic building. Toxicity made 130 Liberty Street unique. Captain Bosco did the inspections of the other buildings within his district without a problem and on schedule.
WHEN CAPTAIN PETER BOSCO ARRIVED AT THE TEN HOUSE THERE WAS NO OFFICIAL NOTIFICATION FROM FDNY THAT 130 LIBERTY STREET WAS UNDER 15 DAY SURVEILLANCE There is an ebb and flow of personnel at firehouses within FDNY. Despite the fluidity of personnel, FDNY had no system in place to give official notification to new officers that particular buildings were supposed to be under 15 day surveillance. In fact, the only official notification that Captain Bosco received from FDNY was a confirmation that the TEN HOUSE was "still on target" with regard to its inspections. The veterans of the TEN HOUSE informed the newbies of the TEN HOUSE that 130 Liberty Street was off limits. This made sense given the absence of any Tyvek Suits, site-specific training, decontamination gear, drills or orders to the contrary by the many, many bosses that visited the TEN HOUSE. You have to be a horse's ass to believe that the men of the TEN HOUSE would not inspect 130 Liberty Street if told to do it and were properly trained and equipped. They weren't told and they weren't equipped. It made sense to stay out of that hellhole. This was a general system's failure not a particular failure of the TEN HOUSE. All of the checks and balances told the Captain of the TEN HOUSE that he was "still on target".
WHEN CAPTAIN PETER BOSCO ARRIVED AT THE TEN HOUSE THERE WAS NO SURVEILLANCE FOLDER ON THE WALL INDICATING THAT 130 LIBERTY STREET WAS UNDER 15 DAY SURVEILLANCE If a building is under surveillance, a "surveillance folder" is customarily hanging on the wall in the office of a firehouse There was no surveillance folder for 130 Liberty Street when Captain Peter Bosco arrived at the TEN HOUSE.
WHEN CAPTAIN PETER BOSCO'S INSPECTION WORK WAS REVIEWED AND EVALUATED BY HIS FDNY SUPERIORS, THERE WAS NO COMPLAINTS ONLY KUDOS.When Captain Peter Bosco's inspection work was reviewed and evaluated by his superiors, he was told he was "still on target" and no criticism, complaints or questions were raised about any failure to inspect the uber-toxic Deutsche Bank Building.
⇒ Monkey in the Middle (Click Here)
FDNY IS ATTEMPTING TO BLAME CAPTAIN PETER BOSCO FOR SOMETHING THAT FDNY HAD ALMOST SIX (6) YEARS - SINCE 9/11/2001 - TO FIGURE OUT AND PUT INTO PLACE. Ground zero and the Deutsche Bank Building became toxic on 9/11/2001. Captain Peter Bosco arrived at the TEN HOUSE in late December 2006 early January 2007. The fatal fire occurred on 8/18/2007. What was Scoppetta doing during the six (6) years after ground zero became toxic? Don't you think six (6) years are ample time for Scoppetta to have figured out how to handle FDNY operations involving the Uber-toxic ground zero buildings including the Deutsche Bank Building? How many more years did he need?
⇒ FDNY IS SLOWER THAN AN ELEPHANT: It only takes an elephant 22 months to give birth. It took FDNY 32 months to issue an S.O.P. for the uber contaminated Deutsche Bank Building. If you start counting from 9/11/2001, it's 72 months! (Click Here)
IF THEN CHIEF OF OPERATIONS NOW CHIEF OF DEPARTMENT CASSANO COULD NOT FIGURE IT OUT AFTER HAVING BEEN ALERTED TO THE DECONSTRUCTION - DECONTAMINATION WORK ON AUGUST 5, 2003 , HOW, IN GOOD CONSCIENCE, CAN BLAME BE ASSIGNED TO THE CAPTAIN OF THE LOCAL FIREHOUSE WHO ARRIVED ON THE SCENE IN LATE DECEMBER 2006 EARLY JANUARY 2007. BOSCO WAS BLINDSIDED AND BUSHWHACKED BY AN ESTABLISHED POLICY THAT MADE SENSE GIVEN THE ABSENCE OF A SITE-SPECIFIC SAFETY PLAN, HAZMAT SUITS, DECONTAMINATION GEAR, TRAINING, DRILLS, ETC. --- WHAT IS CASSANO'S EXCUSE?
IN 2002, -- MORE THAN FOUR YEARS BEFORE CAPTAIN PETER BOSCO ARRIVED AT THE TEN HOUSE -- BLOOMBERG AND SCOPPETTA ACTUALLY DISCUSSED THE HEALTH AND SAFETY PROBLEMS OF GETTING FDNY INSPECTORS - FOR POTENTIAL HUMAN REMAINS - INTO THE UBER TOXIC DEUTSCHE BANK BUILDING, YET, BOTH KNUCKLEHEADS NEVER FOLLOWED UP THEIR DISCUSSION WITH ANY MEASURES THAT WOULD PROTECT THE TEN HOUSE. IF FDNY DROPPED THE BALL - WHICH WE DENY - HERE IS WHERE IT WAS DROPPED AND IT WAS BLOOMBERG AND SCOPPETTA WHO DROPPED IT. Here is how the New York Daily News reported it on June 11, 2002 in an article by GREG GITTRICH entitled, Bank Blocks Hunt For 9/11:
The owners of a mold-infested office tower near Ground Zero refused again yesterday to let firefighters search the building for human remains, contending the mystery fungus there poses a health risk, sources said. Lawyers for Deutsche Bank, which owns 130 Liberty St., told city officials the building should remain off limits until the results of environmental tests come back this week. While the delay upset victims' relatives, Mayor Bloomberg said it was reasonable to be cautious. He insisted Fire Commissioner Nicholas Scoppetta also wanted to hold off on the search. "I asked him point-blank, was this something that Deutsche Bank was slowing us down, or did he want that test done first? And he said quite explicitly he does not want to jeopardize the lives of our firefighters," the mayor said. "He would prefer to wait two more days."
⇒ A TALE OF TWO MISSIONS (or One Hand Can't Clap) (Click Here)
BLOOMBERG AND CASSANO CELEBRATED THE REOPENING OF THE TEN HOUSE ON NOVEMBER 5, 2003. THEY WERE THERE! CAPTAIN BOSCO WOULDN'T ARRIVE THERE UNTIL MORE THAN THREE YEARS LATER. WHY DIDN'T BLOOMBERG AND CASSANO THEN REALIZE THAT THEY HAD TO DO SOMETHING TO PROTECT THEIR FIREFIGHTERS FROM THE TOXINS LURKING IN THE BUILDING NEXT DOOR? WHAT ARE BLOOMBERG'S AND CASSANO'S EXCUSES? IF FDNY DROPPED THE BALL - WHICH WE DENY - HERE IS WHERE IT WAS DROPPED AND IT WAS BLOOMBERG, SCOPPETTA & CASSANO WHO DROPPED IT.
⇒ November 5, 2003: The Reopening of FDNY's the Ten House (Click Here)
IF FDNY COULD NOT FIGURE IT OUT SINCE THE TEN HOUSE SENT A CRY FOR HELP - A MAYDAY - UP THE CHAIN OF COMMAND ON DECEMBER 4, 2004, HOW, IN GOOD CONSCIENCE, CAN BLAME BE ASSIGNED TO THE CAPTAIN OF THE LOCAL FIREHOUSE WHO ARRIVED ON THE SCENE IN LATE DECEMBER 2006 EARLY JANUARY 2007. BOSCO WAS BLINDSIDED BY AN ESTABLISHED POLICY THAT MADE SENSE GIVEN THE ABSCENCE OF A SITE-SPECIFIC SAFETY PLAN, HAZMAT SUITS, DECONTAMINATION GEAR, TRAINING, DRILLS, ETC. WHAT IS FDNY'S EXCUSE?
IF THE HIGH LEVEL FDNY CONSTRUCTION PERSONEL THAT MAYOR BLOOMBERG TOLD US ON 11/22/2004 WERE ON THE JOB COULD NOT FIGURE IT OUT, HOW, IN GOOD CONSCIENCE, CAN BLAME BE ASSIGNED TO THE CAPTAIN OF THE LOCAL FIREHOUSE WHO ARRIVED ON THE SCENE IN LATE DECEMBER 2006 EARLY JANUARY 2007 AND WHO HAD ABSOLUTELY NO CONSTRUCTION EXPERIENCE. BOSCO WAS BLINDSIDED BY AN ESTABLISHED POLICY THAT MADE SENSE GIVEN THE ABSCENCE OF A SITE-SPECIFIC SAFETY PLAN, HAZMAT SUITS, DECONTAMINATION GEAR, TRAINING, DRILLS, ETC. WHAT IS FDNY'S EXCUSE?
⇒ Mayor Bloomberg's 11/22/2004 Executive Order #53 (Click Here)
FDNY CONFUSED ITS RANKS BY KEEPING ON ITS BOOK THE RULE THAT BANS THE WEARING OF PPE DURING THE INSPECTION OF BUILDINGS - INSPECTIONS ARE DONE IN ORDINARY CLOTHES - EVEN AFTER THE CREATION OF TOXIC BUILDINGS ON 9/11/2001 MADE THE RULE ANTIQUATED, IDIOTIC AND DANGEROUS. All of FDNY knows that inspections are done in ordinary clothing. That is the FDNY rule. Yet, toxic buildings came into being on 9/11/2001. Wouldn't the failure of FDNY to supply you with the proper gear tell you that FDNY did not really want you to enter a toxic building? Didn't somebody at FDNY think about amending the rule to take into account the toxic buildings that were created on 9/11/2001? How, in good conscience, can you blame Captain Bosco, when FDNY had since 9/11/2001 to figure something out yet failed to do so?
⇒ FDNY forbids the wearing of P.P.E. during inspections of toxic buildings ( Click Here )
If you saw people coming out of 130 Liberty Street dressed like this:
Would you go into it dressed like this?
CAPTAIN BOSCO AND HIS BATTALION AND DIVISION CHIEFS WOULD HAVE STOOD SHOULDER TO SHOULDER FIGHTING THE AUGUST 18,2007 BLAZE AT 130 LIBERTY STREET BUT FOR THE FORTUITOUSNESS OF THEIR WORK CHART. TO BLAME THEM IS NOT JUST UNFAIR BUT CRUEL. Captain Bosco did not pick the day when the fire would start. Someone else started the fire. Captain Bosco did not cut the standpipe. Someone else cut the standpipe. Captain Bosco, his battalion and division chief all knew they would have to enter 130 Liberty Street for a fire emergency. Still, Captain Bosco, his Battalion and Division Chiefs would not enter the THE UBER-TOXIC DEUTSCHE BANK BUILDING in defiance of orders that were put in place to safeguard the men from toxic exposure without any haz mat gear, decontamination equipment, training, planning etc. To expose everyone to the toxins on a 15 day basis without the necessary precautions would be insane. FDNY left the TEN HOUSE naked exposed to the toxins. If FDNY wanted the TEN HOUSE to inspect the THE UBER-TOXIC DEUTSCHE BANK BUILDING every 15 days, FDNY would not have left the TEN HOUSE naked. Not going in naked made sense.
NYS LABOR LAW §27-A PUTS THE BURDEN OF FIGURING OUT HOW TO INSPECT TOXIC BUIDLINGS UPON THE TOP OF THE FDNY NOT UPON THE CAPTAIN OF THE LOCAL FIREHOUSE. The failure of FDNY to figure out how to get the local firehouse safely into and out of THE UBER-TOXIC DEUTSCHE BANK BUILDING before, purportedly, sending them therein is a violation of NYS Labor Law §27-a (3)(a). Under NYS Labor Law §27-a (3)(a), it is the job of the Employer - the City of New York through FDNY - to figure it all out. It is not the job of the employee, in this case, the Captain of the local firehouse.
⇒ New York State Labor Law 27-a Legislative History (Click Here)
⇒ New York State Labor Law 27-a(3)(a)Duties (Click Here)
SINCE 9/11/2001, FDNY DID NOT INCLUDE IN ITS BUDGET THE COST OF THE RESOURCES NEEDED FOR SPECIAL INSPECTIONS OF THE UBER TOXIC DEUTSCHE BANK BUILDING AND OTHER TOXIC BUILDINGS. Not having budgeted the cost of the resources needed to do inspections of toxic buildings in general and 130 Liberty Street in particular, it is a stretch of the truth for FDNY to assert that FDNY intended the local firehouses to inspect toxic buildings. No money budgeted -> no inspections. The budget is the horse; inspections are the cart. The horse must be placed before the cart. Manpower is costly for both the local firehouse doing the inspections and the decontamination unit waiting to decon the inspectors. Tyvek cost money and 2 pairs are used per member. The other units covering the units out of service cost money. Doing this every 15 days sure adds up. The cost of inspecting toxic buildings by the local firehouse is not an insignificant amount. Is that why inspection by the TEN HOUSE was tried once and then rejected?
⇒ FDNY Engine 10 ordered back into 130 Liberty Street (Click Here)
TO BE CONTINUED ...