1 - 9/5/17 Yvonne Francis - Supervisor of the Public Integrity Bureau, QDA Office Artwork

“Justice Delayed is Justice Denied” - “Let's Break The Silence Together”

April is Sexual Assault Awareness Month. In order to track bad actors in borough district attorney's offices and other law enforcement agencies throughout NYC who refuse to investigate, arrest and prosecute crime perpetrators, we need to document the blowback and victim-blaming that women often hear from both the police and the district attorneys when we use the criminal legal system to attain justice. The Queens District Attorney Melinda Katz is refusing to address the misconduct of her staffers and members of NYPD. These are telephone conversations between me and high-level members of the Queens District Attorney's office of Melinda Katz. PO Miguel Delacruz is an active member of NYPD. He committed multiple felonies and misdemeanors against me. PO Delacruz unlawfully surveilled our intimate encounter, threatened me, disseminated multiple video files, concealed the physical evidence. The Queens District Attorney's Office of Melinda Katz is not only refusing to prosecute PO Miguel Delacruz but is refusing to initiate a special proceeding in The Supreme Court, Queens County, Criminal Term, before the Honorable Joseph A. Zayas, Administrative Judge of Queens County, Criminal Term, seeking the appointment of a special district attorney. I’m so thankful to have Maya, Larry, Priscilla, Adam, Rocco, Molly, David, Diego and other reporters working on my story. I am forever grateful for the tremendous support from my family, friends, my attorney, Joe Murray, and his whole team. "Justice Delayed is Justice Denied" - " Let's Break The Silence Together " Melinda Katz NY1 Debate, October 23, 2019 and Melinda Katz Twitter, April 8, 2021

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“Justice Delayed is Justice Denied” - “Let's Break The Silence Together”

1 - 9/5/17 Yvonne Francis - Supervisor of the Public Integrity Bureau, QDA Office

April 08, 2021 • Valentina Veleva • Season 1 • Episode 1

Assistant District Attorney Yvonne Francis:

On September 5, 2017: ADA Yvonne Francis informed Valentina that “we have made a decision that we are not moving forward. I need you to also understand that because one person records something without the other person’s consent, does not make that a crime. Only one person to that recording needs to consent, its enough that he consented.” Shockingly, ADA Francis, a senior member of the Public Integrity Bureau, was completely wrong on her interpretation of Unlawful Surveillance in the Second Degree. See, People v. Piznarski, 113 A.D.3d 166, 977 N.Y.S.2d 104, 2013 N.Y. App. Div. LEXIS 8089, 2013 NY Slip Op 8157, 2013 WL 6284001.

It is important to note during this conversation that ADA Francis repeatedly stated to Valentina that, “it’s not that we don’t believe you,” (emphasis added).

Valentina, who was confused by ADA Francis’ incorrect explanation of the law, asked, “ok, I just want to understand because I am not an attorney. In the statute in New York penal law says that it’s illegal to record somebody when they are naked.”

ADA Francis responded that “his recording you is not enough for me to arrest him … I know that you don’t like him having the recording and the fact that he did it without your consent …it’s not that we don’t believe you.”

Bureau Chief of Public Integrity Unit, James Liander:

On September 8, 2017, Valentina’s family court attorney emailed Bureau Chief James Liander informing him of the interpretation of Unlawful Surveillance in the Second Degree in People v Piznarski (supra) in addition to quoting the elements of the statute and how they were supported by the facts. Moreover, her attorney threatened that he would transfer the family court case to criminal court if the Queens District Attorney did not voluntarily initiate a criminal case because Valentina’s case did not belong in family court. The same day Bureau Chief Liander responded, “I requested that ADA Francis reevaluate her position on this matter. She will contact your client on Monday to set up an interview.”

Joseph W. Murray

Attorney for Ms. Valentina Veleva