NYC CAN Initiative for WTC 7 Legal Action
source: NYCCAN June 30, 2010
We are sending this one out a little late, but in case you forgot, this is your last opportunity to get your letter into the mail. You don’t have to be an A/E. If you have two members in your household, send two letters, one from each of you. There is still time! Send today!
A message from NYC CAN:
Together we finished Week 3 with 221 letters sent to the District Attorney’s office! It may not be 1000, but it’s downright amazing when you think about the message 221 letters must send to the folks in the Special Prosecutions Bureau. 221 letters this week, on top of 217 letters last week, on top of 133 letters the week before. Wow!
The letter for Week 4 is our most important and most powerful one yet. Read it, and you’ll agree. If there’s one route the DA will most likely take to revealing the truth about September 11, 2001, it’s the destruction of physical evidence at the WTC site.
Now is the time to take action if you haven’t yet! Don’t have a fax machine, an envelope or a stamp? NO PROBLEM! Go to FaxZero.com and send a fax for free by uploading your letter. The letter is only three pages so you can fax it for free!
And, in case it was unclear before, no matter where you live you can send a letter!
Thank you for never giving up hope.
THE FINAL WEEK of Wake Up the DA With 1,000 Letters — June 23–28, 2010
This is the final week of our 4–week campaign urging the Manhattan District Attorney to investigate the destruction of World Trade Center Building 7. To bring Building 7 fully to the attention of the District Attorney, our goal is to flood the DA’s office with 1,000 letters and faxes per week. With 1,000 letters and faxes we will show the DA just how widespread the desire for a new investigation is. We are counting on you to take part in this gigantic grassroots effort no matter who you are or how busy you are. Together we can wake up the District Attorney so that when the time is right he will be ready to prosecute those responsible for the destruction of Building 7.
How it works:
We ask you to send only one letter per week. At the end of each week, we report how many letters and faxes were sent the previous week. This way we all get to know whether or not we reached our goal, and we are all depending on each other to action. Without action what hope do we have.
At the beginning of each week we send out and post a template of the letter for that week. We encourage you to edit the letter to make it your own, but please be sure to stick to what the letter is saying.
Each week will cover a different topic so that the District Attorney’s office can be comprehensively educated about the destruction of Building 7 in a way that is easy to absorb. The weeks are as follows:
Week 1: Getting the DA’s office to watch footage of Building 7 — COMPLETED
Week 2: Testimonial Evidence — COMPLETED
Week 3: Scientific Evidence — COMPLETED
Week 4: Technical Evidence (analysis of footage) — THIS WEEK
–Download the Word File or copy/paste the letter by going to NYC CAN’s website, edit it as you wish, and mail or fax it to the District Attorney’s office. We are asking you to mail or fax your letter because the District Attorney’s office asks for complaints to be written. The fax # for the Special Prosecutions Bureau of the District Attorney’s Office is (212) 335-8914 (212) 335-8914 (212) 335-8914 (212) 335-8914 . The mailing address is included in the letter template.
–Email us at firstname.lastname@example.org to let us know you sent your letter so we can record a total for that week. Please write SENT in the subject of your email unless you have something else to report or suggest. If you are reporting for 2 people, please write SENT 2 if you are reporting for three people, write SENT 3, etc.
–Forward this action alert to as many people as possible, post it on blogs, websites, facebook, etc. The link to direct people to is http://nyccan.org/join.php. When you forward the action alert, please encourage your friends to sign up on the website to receive our action alerts directly.
We thank you with all of our heart for standing up and taking action. Only by acting together will truth prevail.
Week 4 Letter
|To: Cy Vance, Jr. District Attorney of New York County;
Thomas Wornom, Bureau Chief, Special Prosecutions Bureau
New York County District Attorney Office
June 28, 2010
Over the last three weeks you have been informed about the overwhelming evidence that World Trade Center Building 7 was demolished with explosives. I trust that you understand the serious implications of this crime and that you are resolved to prosecute the guilty parties. To provide a critical steppingstone in your investigation, I would like to bring to your attention the widely documented – and widely protested – destruction of physical evidence (structural steel) at the crime scene, which I contend is prosecutable pursuant to Article 205 of the New York Penal Code, § 205.50 Hindering Prosecution:[i]
“[A] person ‘renders criminal assistance’ when, with intent to prevent, hinder or delay the discovery or apprehension of… a person he knows or believes has committed a crime… he… suppresses, by any act of concealment, alteration or destruction, any physical evidence which might aid in the discovery or apprehension of such person or in the lodging of a criminal charge against him;”
2. Control of the WTC cleanup.
3. The decision to destroy the physical evidence.
4. The continued destruction of evidence despite public outcry.
(1) Official acknowledgement of the destruction of physical evidence from the WTC.
Committee on Science, U.S. House of Representatives, March 6, 2002:[ii]
“In the month that lapsed between the terrorist attacks and the deployment of the [FEMA Building Performance Assessment Team (BPAT Team)], a significant amount of steel debris – including most of the steel from the upper floors – was removed from the rubble pile, cut into smaller sections, and either melted at the recycling plant or shipped out of the U.S. Some of the critical pieces of steel – including the suspension trusses from the top of the towers and the internal support columns – were gone before the first BPAT team member ever reached the site. Fortunately, an NSF-funded independent researcher, recognizing that valuable evidence was being destroyed, attempted to intervene with the City of New York to save the valuable artifacts, but the city was unwilling to suspend the recycling contract.”
Joseph Crowley, U.S. Congressman, 7th District, New York:[iii]
“[T]here is so much that has been lost in these last six months that we can never go back and retrieve. And that is not only unfortunate, it is borderline criminal.”
“Normally when you have a structural failure, you carefully go through the debris field looking at each item – photographing every beam as it collapsed and every column where it is in the ground and you pick them up very carefully and you look at each element. We were unable to do that in the case of Tower 7.”
In the aftermath of the attacks, protocol for disaster cleanup and investigations was not followed. According to the New York Times:[v]
“In other disasters, FEMA, the Army Corps of Engineers and other federal agencies have played a more central role in making decisions about cleanup and investigations. But from the start, they found that New York had a degree of engineering and construction expertise unlike any they had encountered.
“ ‘They wanted to do a lot of things on their own,’ said Charles Hess, who is in charge of civil emergency management for the Army Corps.”
“[T]here was a shift in power in their direction that was never quite formalized and, indeed, was unjustified by bureaucratic logic or political considerations. The City’s official and secret emergency plans, written before the attack, called for the Department of Sanitation to clean up after a building collapse. A woman involved in writing the latest versions – a midlevel official in the OEM – mentioned to one of the contractors a week after the Trade Center collapse that she still did not quite know what the DDC was.”
DDC Deputy Commissioner Michael Burton showed complete disregard for the need to preserve the evidence:[vii]
“Burton, who had become the effective czar for the cleanup job, had made it clear that he cared very little about engineering subtleties like the question of why the towers first stood, then collapsed on September 11. ‘We know why they fell,” he said. ‘Because they flew two planes into the towers.’ But he was deeply immersed in the details of hauling steel out of the debris pile.”
(3) The decision to destroy the physical evidence.
According to New York Times reporters James Glanz and Eric Lipton:[x]
“[O]fficials at the Department of Design and Construction, including Michael Burton, had decided to ship virtually all of the steel to scrap yards, where it would be cut up, shipped away, and melted down for reuse before it was inspected… Burton cleared the decision with Richard Tomasetti of Thornton-Tomasetti Engineers. Months later, Tomasetti would say that had he known the direction that investigations into the disaster would take, he would have adopted a different stance. But the decision to quickly melt down the trade center steel had been made.” [Underline added for emphasis]
“[O]n September 28, the New York Times learned that the city was recycling the steel. When the Times contacted Kenneth R. Holden, commissioner of the Department of Design and Construction, he said that no one from the investigative team had asked him to keep or inspect the steel. The ASCE, it turned out, had faxed a request, but to the wrong fax machine. Late that afternoon, after reporters shuttled the correct fax number to the ASCE, Holden said that a request had finally reached him.”
Of course, Mayor Giuliani – previously a U.S. Attorney – and the DDC had to be fully aware of the illegality of destroying the physical evidence prior to their decision to recycle the steel. Their refusal to desist from recycling the steel when asked by the investigative team to do so – still less than three weeks into the cleanup effort, with hundreds of thousands of tons of steel still salvageable, and relatively negligible revenue from selling the steel not an issue because there was virtually unlimited federal funding for the cleanup effort – strongly suggests their contravention of the law was deliberate and motivated by intent to prevent the discovery of a crime they knew had taken place.
(3) The continued destruction of evidence despite public outcry.
In the months that followed, the city ignored mounting calls from the public to halt its recycling of the steel. According to Times reporters Glanz and Lipton:[xii]
“The decision to go on with the recycling program fueled outrage among the victims’ families. On December 14, nearly three months after the program had been disclosed, Sally Regenhard was standing in a drizzle outside City Hall protesting the recycling decision. Her son, Christian, a firefighter, had died in the towers’ collapse. ‘We’re here today to call for a stop to the destruction of evidence, composed mainly of steel,’ she said.”
“For more than three months, structural steel from the World Trade Center has been and continues to be cut up and sold for scrap. Crucial evidence that could answer many questions about high-rise building design practices and performance under fire conditions is on a slow boat to China, never to be seen again in America until you buy your next car. Such destruction of evidence shows the astounding ignorance of government officials to the value of a thorough, scientific investigation of the largest fire-induced collapse in world history. I have combed through our national standard for fire investigation, NFPA 921, but nowhere in it does one find an exemption allowing for the destruction of evidence for buildings over 10 stories tall… As things stand now and if they continue in such fashion, the investigation into the World Trade Center fire and collapse will amount to paper- and computer-generated hypotheticals.”
“Officials in the mayor’s office declined to reply to written and oral requests for comment over a three-day period about who decided to recycle the steel and the concern that the decision might be handicapping the investigation. ‘The city considered it reasonable to have recovered structural steel recycled,’ said Matthew G. Monahan, a spokesman for the city’s Department of Design and Construction, which is in charge of debris removal at the site.”
[i] New York Penal – Article 205, §205.5 Hindering Prosecution. http://law.onecle.com/new-york/penal/PEN0205.50_205.50.html
[ii] Committee on Science, U.S. House of Representatives, March 6, 2002. p.14. http://web.archive.org/web/20021128021952/http://commdocs.house.gov/committees/science/hsy77747.000/hsy77747_0.htm
[iii] Ibid. p. 185.
[iv] The History Channel, Modern Marvels: Engineering Disasters 13, 2004. http://www.youtube.com/watch?v=HgCoV7phKa8
[v] James Glanz and Eric Lipton, New York Times, “Experts Urge Broader Inquiry in Towers’ Fall,” December 25, 2001. http://www.nytimes.com/2001/12/25/nyregion/25TOWE.html?pagewanted=1
[vi] William Langewiesche, “American Ground: Unbuilding the World Trade Center,” New York, NY: North Point Press, 2002, p. 66, 118.
[vii] James Glanz and Eric Lipton, “City in the Sky: The Rise and Fall of the World Trade Center,” New York, NY: Times Book, Henry Holt and Company, 2003, p.299.
[viii] David Sapsted, The Daily Telegraph, “250 Tons of Scrap Stolen from Ruins,” September 28, 2001. http://911research.wtc7.net/cache/wtc/groundzero/telegraph_250tons.html
[ix] William Langewiesche, “American Ground: Unbuilding the World Trade Center,” New York, NY: North Point Press, 2002, p. 146.
[x] James Glanz and Eric Lipton, “City in the Sky: The Rise and Fall of the World Trade Center,” New York, NY: Times Book, Henry Holt and Company, 2003, p.330.
[xi] Ibid. p.331.
[xii] Ibid. p.332.
[xiii] Bill Manning, Fire Engineering, “$elling Out The Investigation,” January 1, 2002. http://www.fireengineering.com/index/articles/display/133237/articles/fire-engineering/volume-155/issue-1/departments/editors-opinion/elling-out-the-investigation.html
[xiv] James Glanz and Eric Lipton, New York Times, “Experts Urge Broader Inquiry in Towers’ Fall,” December 25, 2001. http://www.nytimes.com/2001/12/25/nyregion/25TOWE.html?pagewanted=1