Nassau should pay Jo'Anna Bird family
Jo'Anna Bird, seen here with her children, was found stabbed to death in her New Cassel home on March 19, 2009, police said. Credit: Handout
Nassau County failed Jo'Anna Bird once. It shouldn't do it twice. Bird was tortured and murdered almost three years ago in a domestic dispute that stayed in the headlines because county police repeatedly failed to enforce an order of protection against her abusive ex-boyfriend. To settle a lawsuit brought on behalf of her two children, the county agreed to pay about $7.7 million in damages. The check still isn't in the mail.
In July, the office of county attorney John Ciampoli sent the settlement to the legislature, which must approve any payment. And there it sat. On Halloween, Frederick Brewington, the attorney for the children, asked U.S. District Court Judge Arthur Spatt to convert the settlement into a court order, to force the county to pay. After the federal court filing, the legislature's presiding officer, Peter Schmitt (R-Massapequa), put it on the rules committee calendar for a vote on Nov. 14.
The settlement was removed abruptly later that day, however, after a Republican caucus meeting. The only explanation by a Schmitt spokeswoman was that "additional issues" arose and the committee needed more time for a comprehensive review.
But that explanation doesn't seem quite right. There is bad blood between county officials and Brewington, a civil rights attorney well practiced in the art of political and legal theater. Brewington was a leader in the successful fight this spring to stop the GOP-controlled legislature from creating a new election-district map to favor their incumbents. Brewington, who filed a federal lawsuit claiming the redistricting violated the Voting Rights Act, brought hundreds of Hempstead residents to a legislative hearing that turned quite raucous -- and infuriated Schmitt.
If that isn't the reason, why else might Schmitt need more time? Is the GOP caucus dissatisfied with the quality of the legal work by county attorney Ciampoli? Do they think his office overestimated the county's exposure and would prefer he roll the dice and go to trial? Or is it possible the caucus is thinking that Ciampoli agreed to a $7.7-million settlement to reward his arch political and legal foe? Perhaps, the caucus is remorseful about Bird's death and wants to pay more to her children, and thus even more money to Brewington.
It's difficult to evaluate the settlement because Ciampoli successfully persuaded the federal court not to release a 700-page internal police report that reportedly named Bird's killer as a police informant. The report, which Newsday had petitioned to be made public, led to the disciplining of seven police officers.
Now Judge Spatt, after being made aware of news accounts last month that quoted Schmitt saying he "did not feel comfortable voting on a settlement that would put a couple million dollars" in Brewington's pocket, has ordered both sides to court on Dec. 15. Meanwhile, Brewington didn't help his cause by filing yet another lawsuit, suing the legislators individually. Spatt needs to depoliticize the Bird settlement and enforce the contract for payment. Two motherless children, ages 6 and 9 and living in poverty, deserve a new start.
