June 8, 2023

BW Editorial: Why Spiezio Should Be Brought Up On Perjury​ Charges by the District Attorney’s Office

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As Deputy Police Commissioner, Joseph Spiezio has threatened to physically hurt an elected official, has been accused of changing police reports, involved himself in homicide investigations and used his position to politicaly retaliated against city workers and residents of Mount Vernon.

For the last three years, Mr. Spiezio has made a mockery of the Westchester courts, the Mount Vernon Police Department and law enforcement as a whole, as well as its justice system. It shocks the conscious of how one man can create so much chaos through law enforcement, the courts, and our justice system and not be held accountable.

There have been many questions about Joseph Spiezio’s appointment as Deputy Police Commissioner of Mount Vernon. An Law Enforcement group have requested an investigation in 2016 questioning that Spiezio’s appointment was illegal.

Former Mount Vernon Deputy Police Commissioner, Joseph Spiezio submitted an afifidavit to the court 09/17/2018 for Lawrence A Porcari et al – v. – Marcus A. Griffith et al, index number 50259/2017. (EXHIBIT A)

The submitted affidavit states that Joseph Spiezio III was duly sworn and he respectfully offered his testimony in support of plaintiffs Lawrence A. Pocari, Ralf Uzzi, Maria Donovan and La’Tea Goings. 

After reviewing Mr. Spiezio’s affidavit submitted to the court on 09/27/2018, we believe that Mr. Spiezio violated New York Penal Code Article 210. The act of swearing falsely (or “perjury”) occurs when a person makes a false statement which he or she does not believe to be true while either giving testimony or under oath in a subscribed written instrument (such as an affidavit or deposition).

Mr. Spiezio stated in the affidavit submitted to the court on 09/27/2018:

“Because I reside in Westchester County, I am in full compliance with all applicable residency rules.” (EXHIBIT A p.2, #7)

Mr. Spiezio also stated:

“As a public safety official, I am exempt from that residency requirement under the Public Officers Law, although I am required to live within the county.” (EXHIBIT A p. 2,#6)

On information and belief, Mr. Spiezio knew he was not in compliance with any residency rules when he made the statement and submitted it to the court on 09/27/2018.

According to the testimony of former Mount Vernon Police Commissioner Robert Kelly submitted to the United State District Court Southern District of New York, 04/16/2018, case 7:18-cv-03007, Mr. Kelly stated that:

On February 1, 2016, Mr. Spiezio was completing his personnel form to formalize his position as Deputy Police Commissioner. The form(s) require Mr. Kelly’s endorsement to legitimize Spiezio’s appointment to the city charter. Mr. Spiezio submitted to Mr. Kelly his Florida driver’s license as a form of identification.

Mr. Kelly then stated that as a matter of law, New York Consolidated Laws, Public Officers Law -PBO 3-b(1), appointment to a sworn law enforcement position requires New York State Residency. Mr. Kelly also states that Mr. Spiezio’s prima facie out of state residency made him ineligible to be appointed to a sworn law enforcement position. Mr. Kelly refused to endorse the appointment. (EXHIBIT B p. 8,#18,19)

Mr. Kelly was later fired by Mayor Richard Thomas. 

When Mr. Spiezio submitted his statement to the court on 09/27/18, that he was a Westchester resident, he was well aware that he did not qualify to be appointed Deputy Police Commissioner because he has no New York State Identification, he has a Florida’s driver’s license. 

On 02/03/2019, Mr. Spiezio was pulled over by the New Rochelle Police Department. New Rochelle Police Officer J. Diaz was the acting Officer that pulled Mr. Spiezio over. In Officer Diaz’s report, Mr. Spiezio stated he didn’t have any Identification. Mr. Spiezio didn’t have his driver’s license, Police ID or shield. Officer Diaz reported that the license check resulted in Mr. Spiezio not having any valid New York Identification. Mr. Spiezio had two NY ID’s.  One was suspended, and the other was surrendered. (EXHIBIT C)

According to the Florida Department of Motor Vehicles( DMV), Mr. Spiezio was issued a Florida’s state ID from 2-23-2008 to 3-10-2014 and issued a driver’s license on 3-10-2014. (EXHIBIT D)

New residents with an out-of-state license must obtain a Florida driver’s license within 30 days of establishing a permanent residence in FL.  To obtain an FL license, Mr. Spiezio was required to surrender his out of state license to obtain their new Florida license. 

According to the Florida DMV, If you are a Florida resident, you must get a Florida license to drive a motor vehicle on public streets and highways. The Florida DMV also defines “Resident” as a person who has his principal place of domicile in this state for a period of more than six consecutive months; has registered to vote; has made a statement of domicile pursuant to section 222.17, Florida Statutes; or has filed for homestead exemption on property in this state. (EXHIBIT E)

Again, according to the New Rochelle Police Officer’s Diaz’ report, Mr. Spiezio had two NY ID numbers. One was suspended, and the other was surrendered. (EXHIBIT C)

According to the Journal News report. The police report listed his residence in Longboat Key, Florida. (EXHIBIT I)

Mr. Spiezio was issued a Florida license in 2014. Mr. Spiezio presented his Florida license to former Commissioner Kelly to be appointed in 2016, Kelly refused. Mr. Spiezio made no attempt to correct his residency according to New York Consolidated Laws, Public Officers Law -PBO 3-b(1). Mr. Spiezio make false affidavit in to the court about his residency in September, 2018, knowing he had no proof of residency. Mr. Spiezio was pulled over by New Rochelle Police Department in February, 2019 with no valid New York State Identification to that would support his testimony to the court in September, 2018 just five months earlier.  

Mr. Spiezio also states in his signed affidavit:

“I had been properly appointed to the office of Deputy Commissioner by the duly elected Mayor.”

The fact of the matter is that Mr. Spiezio was never properly appointed to the position of Deputy Police Commissioner. The Mount Vernon City Clerk, George Brown confirmed that Mr. Spiezio did not submit his Oath of Office dated January 27, 2016, until June 1, 2016. Mr. Spiezio’s failure to abide by the charter made his appointment illegal. The City Charter states that all appointments must be submitted within 15 days of swearing in. (EXHIBIT F)

Chapt. 24 Article IV reads “An appointive officer or employee within 15 days after receipt of notice of his appointment, the office or position shall be deemed to be vacant, and the vacancy shall be filled in the manner herein provided for the filling of a vacancy.” (EXHIBIT G)

Mr. Spiezio was well aware of his failure to submit his oath of office within the 15-day deadline for Deputy Police Commissioner. Mr. Spiezio was also aware his oath of office was invalid when Mr. Spiezio had email communication with Damon K. Jones. (EXHIBIT H)

On February, 14, 2019, Mount Vernon City Clerk, George Brown, via telephone,  confirmed there was no updated Oath of Office for Deputy Police Commissioner, Joseph Spiezio on file. Mr. Brown also confirmed that Mr. Spiezio did not follow proper procedure according to the City Charter in submitting his Oath of Office dated January 27,2016 to the City Clerk’s office six months later on June 1, 2016. Mr. Brown confirmed that this is a violation of the City Charter.

The emails between Black Westchester Publisher, Damon K. Jones and Mr. Spiezio (EXHIBIT G), letters sent by Mount Vernon City Clerk George Brown to Mayor Richard Thomas concerning the appointment of Joseph Spiezio to Deputy Police Commissioner (EXHIBIT F), show proof that Mayor Thomas and Mr. Spiezio was well aware of the fact that Mr. Spiezio’s appointment was invalid per the Mount Vernon City Charter. Mr. Spiezio knew these facts, failed to correct his Oath of Office in 2016. After knowing the facts, failure to correct, Mr. Spiezio still submitted a sworn affidavit that he was a duly sworn in Deputy Police Commissioner to the court on September 17, 2018.  

Blacks in Law Enforcement of America’s, NY Representative, Damon K. Jones explains why Joseph Spiezio should be brought up on charges for alleged perjery on his affidavit to the court pertaining to his residency.

Exhibits Provided for Inves… by on Scribd

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