Report ID: 212
Department: District Attorney, Niagara NY (D>A.)
Officer: Violante, Michael (D.A.)

Responses

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Complaint

Posted By: (send a private message)

On: 08/28/2014

Biased, Profiling, Negligent of laws, Religion biased, Gender Biased, Refusing the law.

Details

Posted By: (send a private message)

On: 08/28/2014

Complaint on District Attorney of Niagara County Michael J. Violante
The Attorney General said try to go to the D.A. if the police and the internal affairs are corrupt.
I have called numerous times left messages no response in person they just say the DA is not there to take report. It is a police or family court matter. exactly proof they disregard laws just like the police and the State Police have.July 14, 2014 an international parental kidnaping occurred the Niagara Falls District Attorney refuses to handle serious incident, I went in person and called they disregard oath, badge, laws, Acts Federal and State, Penal Codes, religious, gender, biased, discrimination, or just me in general a.k.a. profiling!  Ok to the exact point of THE ADAM WALSH ACT. I understand that you do not oversee the New York State Police. However you do the Niagara Falls District Attorney. I sent my complaint to The Inspector General on them disregarding same as the Niagara Falls Police which was sent to the Mayor. However they claim it is the Niagara Falls Police Jurisdiction. The D.A, claims they don’t do anything except take against criminals. I think they are full of nonsense. THE ADAM WALSH ACT mandates every law enforcement State, Federal, Local to enter info of missing children into the "NCIC" within 2 hrs. of report, the NY State Police refused claiming it’s not their job a.k.a. jurisdiction, Also the (PROTECT ACT) requires every federal, state, local law enforcement to report case of missing child younger than age 21 yrs. of age to "NCIC" The law prohibits a waiting period and requires entry of missing child with in 2 hrs. of receipt into both State law enforcement systems and NCIC, the 2 hr. waiting applies to all jurisdictions regardless of whether local law note "immediate" or "prompt" Also child abduction cases should be entered into NCIC as the "endangered" or "involuntary" category with the (C.A.) flag Child Abduction  into their NCIC record. You do not need a custody order determination to report a child missing for the child’s name be entered into the NCIC. Crystal clear yeah? Why ignored by the Inspector General Why I have to write it for you? Also the National Center for Missing exploited Children I have a case. Case number blank worker name blank phone number blank. According to this Federal Law the National Child Search Assistance Act 42 U.S.C. ss 5779-5780 they are supposed to cooperate with agencies to end exploitation of children. The criminal charges All 50 states and the District of Columbia have enacted criminal, parental=kid napping statutes to deter parental kid napping and punish abductors. The statutes go by different names including custodial interference, child abduction, concealment, and parental kidnaping. NY Penal Law 135.45 Custodial Interference. N.Y. Penal Law 135.45 Class E felony if person under 16 yr. of age intent to permanently remove child from state. Federal Criminal Charges Fugitive Felon Act the Parental Kidnaping Prevention Act section 10 Pub. L. No. 96-611, Dec 28, 1980, 94 STAT . . . . 3753, 18 U.S.C. s 1073 note, expresses that Fugitive Felon Act applies to interstate and international- abduction cases. The FBI gets involved when the UFAP warrant is issued I seek this ignored by law agencies. The "IPKCA" The International Parental Kidnaping Crime Act, makes it Federal felony to remove a child younger than age 16yrs old from the United States, or attempt to do so, or retain a child outside the United States with intent to obstruct the lawful exercise of parental rights. IPKCA defines parental rights as the right to physical custody of the child, including visitation rights, whether the right is joint or sole. According to Court Docket blank missing child resides with me. She has visitation not exceeding 30 days upon a mutual agreement where we never had any. So why is your Niagara Falls Police Department disregarding all these laws, just as the New York State Police? My compliant was turned in to internal affairs, they covering each other’s backs glad I use email to its more evidence to back myself up. I turned to Mayor now for city police and Inspector General for State Police. The Attorney General claims they don't handle police. Sounds like gibberish to me! Also according to the National Center for Missing Exploited Children much resistance from law enforcement they claim it is civil that is not according to these laws already written and ignored by these agencies. NY EXEC LAW s 837-e (State wide central register for missing children) ignored. NY EXEC LAW s 837-f (missing and exploited clearinghouse) ignored. NY EXEC LAW s 837-m (reporting duties of law enforcement departments with respect to missing children) ignored. NY PUB HEALTH LAW s 4100 (2) (I) (flagging birth records) ignored. NY PUB HEALTH LAW s 4170 (h) (flagged birth records) ignored. Many NY state relevant case laws ignored. NY Penal Law s 135.00 ignored NY penal law s 135.45 ignored. NY Penal Law 135.50 ignored.  UCCJEA NY DOM. REL. LAW ss 75 to 78a ignored... CASE AND POINT PROVEN. Need I go on more of disregarded laws acts codes state federal there's many more ignored by The Niagara Falls Police Department. By the way they ignored almost the exact same stuff NOVEMBER 2012 except the international kidnaping, which is just from July 14, 2014. Abducted child- a child who has been wrongfully taken, kept, or concealed by an abductor. Also called victim child. Abductor- a person who wrongfully takes, keeps, or conceals a child. The term even includes married and unmarried parents, custodial and non-custodial parents, and other family members and their agents. Family abduction- taking keeping, or concealing of a child or children by a parent, other family member or person acting on behalf of the parent or other family member depriving another individual of his or her custody or visitation rights. Family abductions can occur before or after a court issues a custody determination. Criminal statutes vary across the country both as to the title of the offense and the conduct that is considered unlawful. Also called parental kidnaping, child abduction, child snatching, and custodial interference. ICARA ignored again International Child Abduction Remedies Act. Missing child- federal defines this term to mean any individual younger than 18 yrs. of age whose whereabouts are unknown to such legal custodian, note that FEDERAL LAW REQUIRES entry of information about missing children younger than 21 into the federal bureau of Investigations National Crime Information Center database. THE PARENTAL KIDNAPING CRIME ACT AND UCCJEA YOU DO NOT NEED A CUSTODY ORDER FOR LAW ENFORCEMENT TO TAKE A MISSING CHILD REPORT AND ENTER INFORMATION ABOUT CHILD IN THE FEDERAL BUREAU OF INVESTIGATIONS NATIONAL CRIME INFORMATION CENTER DATABASE, NOR DO YOU NEED A CUSTODY ORDER FOR SOME STATE CRIMINAL LAWS AND THE INTERNATIONAL PARENTAL KIDNAPPING CRIME ACT TO APPLY. STILL OBTAINING A CUSTODY ORDER EVEN TEMPORARY, CAN HELP, NOT NEEDED. However I have it regardless all these are ignored 100% disregarded by the Niagara Falls Police Department. Officers who are supposed to uphold a law yeah joke. Also the same issue happened November 2012. So for the D.A. as the overseer of the City of Niagara Falls district attorney and the mayor over sees The Police Department does not look good, that you allowed this to happen. Why did the internal affairs department lose paperwork, complaints, misspell name un-purpose. They need to be removed of duty effective immediately. As well as a full pardon and $45,000 to me. Or just $500,000 as settlement since you clearly allowed this to occur, two different times. Also why I seek this new ACT. I am requesting a new federal Act be established THE FRANCISZKIEWICZ ACCOUNTABLE ENFORCEMENT ACT: Any law agency police, state, federal, officer, who refuses to make police report and disregard any other ACTS STATUTES CODES FEDERAL AND STATE be fined $25,000 by the town city they reside in. Also a $35,000 fine by the state they reside in. Then a $45,000 fine by the United States of America. Then also a demotion in rank to the beginning of the lowest rank of their department or agency. Then also responsible to pay the party they refused to make the report from of $20,000. Also they will be required to go to seek a psychologist to be rechecked.  Due to they are obligated to uphold the law not disregard it especially when there is Federal and State Acts and Codes and Statutes already established. I will search every Senator and congress sending this to all. Since my children directly involved of negligent police and facts are evidence. That this should not happen to absolutely nobody. Is not the District Attorney capable of handling this type of situation instead of ignoring it? Even today 8-27-2014 the Niagara Falls Police department ignored me. I was standing right in front of the precinct. Pressing the button a LT refused to let me in or take report. Also I called they hung the phone up. No lies I had to call the New York State Police Department he said call 911 but then the police maybe arrest me for calling although it would been recorded for huge evidence. He called the so called niagara pd and then a sudden they change there story. So unacceptable. I turned a fake report that a officer wrote, and turned it to the Mayor as well, since a officer took a report, refusing to take it properly, clearly. Also I had to remake complaint since the site didn't allow me to edit.

Complaint Filed

Posted By: (send a private message)

On: 08/28/2014

Yes to the Attorney Grievance Committee. Unknown due to it is being checked into.

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