Black woman in N.Y. claims years of racial harassment by neighbors; police investigating

[Picaro]

Well, with Yankees it's hard to tell, especially if it's Long Island.

 

[NewsVine_Mariyam]

The standard of evidence for a criminal charge and a civil suit are very different. To successfully charge someone for a crime, you need evidence beyond a reasonable doubt.

To win a civil settlement, you need what is called, preponderance of evidence. In other words, convince a judge or mediator that your claim is slightly more true than that of your opponent.

A famous example is that of O.J. Simpons. He was acquitted of criminal charges. He lost the civil suit on the same case.

I know the difference between what is needed to prevail in a civil case versus a criminal case however how can they claim her allegations are unfounded if she has prevailed already in a civil case? There may be differing levels of evidence required but saying her claims are unfounded means there is NO evidence of any wrongdoing as opposed to her showing a preponderance of the evidence which is 51%. NONE versus at least 51%? Bullshit.

I would bet they hadn't even bothered to look into her allegations until things went public due to the lawsuit because I don't find it credible that she could gather enough evidence to convince a judge to rule in her favor yet the police officers and/or detectives could not substantiate a single allegation she made. That would be really pathetic police work.

 

[fncceo]

I know the difference between what is needed to prevail in a civil case versus a criminal case however how can they claim her allegations are unfounded if she has prevailed already in a civil case? There may be differing levels of evidence required but saying her claims are unfounded means there is NO evidence of any wrongdoing as opposed to her showing a preponderance of the evidence which is 51%. NONE versus at least 51%? Bullshit.

I would bet they hadn't even bothered to look into her allegations until things went public due to the lawsuit because I don't find it credible that she could gather enough evidence to convince a judge to rule in her favor yet the police officers and/or detectives could not substantiate a single allegation she made. That would be really pathetic police work.

When police bring charges against someone, they have to have sufficient proof of wrongdoing to have a reasonable chance of prevailing in court. Police are frequently hit with court costs for bringing less than adequately proved cases before the court. In larger cities, this costs police forces millions of dollars annually.

The decision to proceed with charges ultimately rests with the Prosecutor's office. They will reject applications for charges that don't meet standards of evidence.

What are typically called, "he said, she said" cases (regardless of the sexes involved), accusations without independent corroboration, often don't make their way before a judge.

One exception to this is domestic cases. Because of the high vulnerability of domestic partners to violence, almost all accusations against a spouse or partner ends up before a court. Domestic jobs now make up a huge percentage of what police do.

I'm wondering if the neighbors in this case ever applied to the courts for a restraining order against each other. I'm certain they were encouraged to do so by the police. In the case of restraining orders, if any provision of the order is breached, however technically, it becomes a chargeable crime. All you have to do is prove the neighbor breached the provision of the order. This could be as simple as getting a text message or voice mail on your phone from the other party. Or, a picture of the other party approaching within the restricted distances of the order.

Restraining orders make it much easier for the legal system to deal with ongoing neighbor disputes.

 

[NewsVine_Mariyam]

When police bring charges against someone, they have to have sufficient proof of wrongdoing to have a reasonable chance of prevailing in court. Police are frequently hit with court costs for bringing less than adequately proved cases before the court. In larger cities, this costs police forces millions of dollars annually.

The decision to proceed with charges ultimately rests with the Prosecutor's office. They will reject applications for charges that don't meet standards of evidence.

What are typically called, "he said, she said" cases (regardless of the sexes involved), accusations without independent corroboration, often don't make their way before a judge.

One exception to this is domestic cases. Because of the high vulnerability of domestic partners to violence, almost all accusations against a spouse or partner ends up before a court. Domestic jobs now make up a huge percentage of what police do.

I'm wondering if the neighbors in this case ever applied to the courts for a restraining order against each other. I'm certain they were encouraged to do so by the police. In the case of restraining orders, if any provision of the order is breached, however technically, it becomes a chargeable crime. All you have to do is prove the neighbor breached the provision of the order. This could be as simple as getting a text message or voice mail on your phone from the other party. Or, a picture of the other party approaching within the restricted distances of the order.

Restraining orders make it much easier for the legal system to deal with ongoing neighbor disputes.

You keep skipping ahead to the part about charging the suspect with a crime with evidence that meets the 98% threshold demonstrating that they are guilty beyond a reasonable doubt. How is a victim supposed to get to that point if the police refuse to take a report, refuse to look at the evidence, refuse to conduct an investigation? That's where the problem lies, and sometimes the police even lie about there being no evidence that a crime has taken place.

It's one thing to state that no crime has occurred (the allegations are unsubstantiated), it's an entirely different thing to state that there is insufficient evidence to charge anyone. One implies that the allegations are baseless while the other simply means that the 98% threshold to give the best chance of getting a conviction has been unable to be met.

I agree that obtaining a protection order goes a long way towards getting the case going if the restrained party violates it, however if the judge sees the police report and sees that the responding officers keep claiming that the victims claims are unsubstantiated as opposed to stating that they've been unable to obtain enough evidence to substantiate her claims, he might refuse the protection order BECAUSE according to the police, no crimes have been committed.

I know this might seem like a subtle or non-existent difference, but it's enough to prevent a person who is actually being harassed, the ability to obtain any relief through the criminal justice system.

 

[fncceo]

he might refuse the protection order BECAUSE according to the police, no crimes have been committed.

You don't need to demonstrate a crime has been committed to obtain a restraining order. All you have to demonstrate is a 'reasonable' fear of the other party. That is a pretty low standard of proof.

 

[NewsVine_Mariyam]

You don't need to demonstrate a crime has been committed to obtain a restraining order. All you have to demonstrate is a 'reasonable' fear of the other party. That is a pretty low standard of proof.

And yet the judges deny them anyway. I know of several instances where they have been and the petitioners have been black women.

 

[fncceo]

And yet the judges deny them anyway. I know of several instances where they have been and the petitioners have been black women.

They must have been some pretty insubstantial applications.

 

[NewsVine_Mariyam]

And yet the judges deny them anyway. I know of several instances where they have been and the petitioners have been black women.

They must have been some pretty insubstantial applications.

Yeah, maybe I should do a bit of follow-up, thank you.

 

[fncceo]

And yet the judges deny them anyway. I know of several instances where they have been and the petitioners have been black women.

They must have been some pretty insubstantial applications.

Yeah, maybe I should do a bit of follow-up, thank you.

I spend a bit of time in court and you can never tell how a judge will rule. Their decisions are often an enigma, wrapped in corn batter and deep fried.

However, even their most irrational decisions often err on the side of caution, at least from a police perspective.

Ours is a very imperfect system.

 

[irosie91]

I don't know how she managed to get a small claims judgment against one of them for $5,000 based on her video evidence if her complaints were "unfounded".

The standard of evidence for a criminal charge and a civil suit are very different. To successfully charge someone for a crime, you need evidence beyond a reasonable doubt.

To win a civil settlement, you need what is called, preponderance of evidence. In other words, convince a judge or mediator that your claim is slightly more true than that of your opponent.

A famous example is that of O.J. Simpons. He was acquitted of criminal charges. He lost the civil suit on the same case.

I am surprised that the police investigated this idiotic case IN NEW YORK CITY. ----uhm---
I grew up in a genteel suburban town ----NOT NEW YORK CITY-----there such a case would
be investigated-----but NOT IN NEW YORK-----as least not in my part of the town which is
on the edge of a HOOD--------where even murders go almost unnoticed

 

[Aletheia4u]

I found this to be the most interesting item in the news article

"Ryder said at the news conference that since 2017, police have received close to 50 calls from both McLeggan and the neighboring McEneaney family, divided "almost equally.”​

​

All of the complaints to police were unfounded, Ryder said.​

I don't know how she managed to get a small claims judgment against one of them for $5,000 based on her video evidence if her complaints were "unfounded". Also of interest is the effort by police to downplay the harassment and the fact that one of her harassers had a firearm which police are claiming "may have been" a pellet gun but since they don't know that it was, it could also have been a real gun.

"Jennifer McLeggan says neighbors have thrown human feces and dead squirrels into her yard. Surveillance video from her home appears to show a white male with a gun, which according to police may have been a pellet gun.​

July 14, 2020, 2:59 PM PDT / Updated July 15, 2020, 5:40 AM PDT

By Janelle Griffith​

Police on Long Island, New York, are investigating a Black resident's allegations that she has been racially harassed by neighbors for about three years, with feces and dead squirrels thrown in her yard. At least some of these allegations appear to have been part of a court claim by the resident that resulted in a judgment.​

Jennifer McLeggan, a registered nurse and mother who lives in Valley Stream, just east of New York City, says she fears for her life and that of her small child because of the harassment, according to NBC New York.​

​

McLeggan alleges that neighbors have left dead squirrels and human feces on her yard and told her to go back to where she came from, NBC New York reports.​

​

Surveillance video from McLeggan's home that was obtained by NBC New York appears to show a white male with a gun. It is unclear who the man is, but according to police comments Tuesday the gun may have been a pellet gun.​

​

In a written note that is several feet long and covers most of McLeggan's front door, she says, “I took video footage to court and won a $5000 judgment from my videos” of the harassment.​

​

“They have their friends come spit on my property and it was recorded,” McLeggan wrote. “A blow torch was taken to my home at 3am. They have said I can be ‘erased.’”​

​

It is not clear why McLeggan is claiming that the alleged harassment is racially motivated.​

​

Attempts to reach McLeggan by phone Tuesday were unsuccessful, and there was no option to leave a voicemail.​

​

Court records show McLeggan won a judgment in small claims court against Mindy Canarick in 2019. A court official told NBC News on Tuesday the judgment was in the amount of $5,036.24.​

​

Nassau County police told NBC News early Tuesday they were investigating McLeggan's allegations.​

​

At a news conference Tuesday afternoon, the county's police commissioner, Patrick Ryder, did not name McLeggan but referred to her as the complainant.​

​

He said she has been in a dispute with neighbors, the McEneaney family — Michael McEneaney, 82, his son John, 57, and his girlfriend, Canarick, 53, since 2017 when McLeggan moved into her residence.​

​

Canarick could not immediately be reached Tuesday at numbers listed for her.​

​

Phone calls to people with the last name of McEneaney listed at the same address as Canarick also were not answered Tuesday.​

Ryder said at the news conference that since 2017, police have received close to 50 calls from both McLeggan and the neighboring McEneaney family, divided "almost equally.”​

​

All of the complaints to police were unfounded, Ryder said.​

​

Police went to McLeggan’s home recently in response to a report made through social media of a sign that was placed on her door, the commissioner said.​

Police took a statement from McLeggan and the elder McEneaney, Ryder said, adding that police have not spoken to John McEneaney because he is no longer staying at his father's home out of concern for his safety.​

​

Ryder said two pellet guns — a rifle and a handgun — were found at the McEneaney residence and they have been used to shoot at targets in the home's backyard.​

​

“There were allegations that they had shot squirrels,” Ryder said of the McEneaneys. “There have been neighbors that have found dead squirrels in their yards.”​

​

He added, “We’re investigating if they have been shot by the BB guns by the McEneaney family.”​

​

As for reports of feces being thrown on McLeggan’s property, Ryder said, in apparent reference to the 2019 matter that resulted in a judgment:​

“The act of the feces being thrown across the fence. There was already a civil complaint made. A civil settlement made to our victim. That’s already done. It’s in the past.”​

​

He said the dispute between the neighbors “has gotten a little out of control” and that there had been an attempt to light a blow torch in a backyard at 3 a.m. one morning. He said police plan to speak to John McEneaney about that incident.​

​

Ryder said that the elder McEneaney has said he is not looking for a problem with and has no bias against his neighbor.​

​

“At this time, we do not have any evidence of any bias," Ryder said. "But that does not mean that it is not there. We have more work to do. We want to get out in front of this."​

​

Three years in and he's talking about wanting to get out in front of this? They act as if they've never heard of someone threatening another person in retaliation, for daring to drag girlfriend into court and then winning a money judgment against her.

​

​

https://www.nbcnews.com/news/us-news/black-woman-n-y-claims-years-racial-harassment-neighbors-police-n1233751?cid=referral_taboolafeed​

Well I know is at these Democrats controlled states has elected their officials. And their police officials never get investigated until now.