for I am sure it must be dark, dreary and scary when the innocence of a child comes face-to-face with evil.

Brothers Forever Together
is about Michael my surviving nephew, and Steven and Matthew my deceased nephews.

Michael, Steven and Matthew are my sister's children. Steven was 19 years old when he was killed by a drunk driver. https://www.angelfire.com/ny5/casualtiesofpeace/stevenjosephamato.html Matthew was 1 year old when he died as the result of a medical malpractice. https://www.angelfire.com/ny5/ingodshands0/matthewjosephkusila.html
Michael is the surviving brother.

“Cremate me and throw my ashes down the sewer.”

by
Rosalie Marie Musumeci
Copyright © 2008 by Rosalie Marie Musumeci
All Rights Reserved.  No part of any art / literary content works herein may be reproduced (make copies), adapted (make new versions), distributed or published, performed in public, or displayed.

Fact or Fiction
by
Rosalie Marie Musumeci
Copyright © 2011 by Rosalie Marie Musumeci
All Rights Reserved.  No part of any art / literary content works herein may be reproduced (make copies), adapted (make new versions), distributed or published, performed in public, or displayed.

Why?

Using some of the dialogue from the film, “And Justice for All’ I will be able to set the stage (so to speak).

• Me: Why wouldn’t Officer Terrance Howell and Officer Tamara Taylor arrest Maksim Gelman as they were on the train looking for him. Why wouldn’t they arrest Maksim Gelman when he made himself known to them that he was on that train when he knocked on the motorman’s door where the police were? Why wouldn’t the police come out and help my son as he was being slashed and almost murdered by Gelman especially that they were no more than three feet away from and was in their full view?
• Al Pacino as Arthur Kirkland: “. . . then something really wrong is goin' on here! You sonofabitch! You're supposed to STAND for somethin'! You're supposed to protect people! But instead you fucking murder them!”
• Me: Officer Terrance Howell and Officer Tamara Taylor admitted to not coming out of the motorman’s cab because they thought he had a gun.

Why I ask again? This is about the dire need to change the law regarding “Protect and Serve” and “Special Relationship” criteria.

CHAPTER 1

Gelman then stabbed my son Joseph in the face. Officer Terrance Howell and Officer Tamara Taylor did not come out.

My son was fighting for his life as he took down Gelman while repeatedly being stabbed and slashed all over his head, hand and arm without mercy. Officer Terrance Howell and Officer Tamara Taylor did not come out.

My son desperately tried to get the knife out of Gelman’s hand as he was still being slashed. He succeeded. And now finally, Officer Terrance Howell and Officer Tamara Taylor came out. Officer Terrance Howell put his hand on Joseph’s shoulder and told him – we got him, you can get up.

http://philadelphia.cbslocal.com/2011/02/17/good-samaritan-helps-ne-philadelphia-man-who-tackled-ny-serial-killer/

 Mr. Douglas also helped the police handcuff Gelman.

CHAPTER 2

So what do you think: fact or fiction? Are you thinking that the police would certainly arrest a known criminal, especially one that they were looking for at that very moment? Well, if you’re thinking that, I’m sorry to say you are wrong. This is fact, not fiction. And so, Joseph decided to sue the City of New York because the police did not protect and serve. Keep those words in mind because they are so very important not only to my son, but all citizens.

• Officer Terrance Howell and Officer Tamara Taylor did not arrest Gelmam when he knocked on the motorman’s door. If they would have, my son would not have been almost murdered. 
• Officer Terrance Howell and Officer Tamara Taylor did not come out and arrest Gelman when he approached Joseph. In fact, Officer Terrance Howell testified that he actually opened the door to come out, but when Gelman reached in his jacket, he thought he had a gun, so he closed the door and stayed inside with his partner. Well at least he told the truth that time, unlike his statement at a different time when he said that he did come out of the motorman’s cab and using necessary force, took Gelman down and disarmed him. Well this is a lie of course because if Office Terrance would have done this, my son would not have been slashed.

So yes, Officer Terrance Howell and Officer Tamara Taylor just stood by and watched as Joseph’s life hung in the balance, as he desperately fought for his life and in doing so, protected the other passengers on the train, especially the women and children. I would like to make a comparison. If I see someone abusing a child and just watch, I am considered just as guilty and I would be just as guilty. So Officer Terrance Howell and Officer Tamara Taylor watching Maksim Gelman stab and slash my son makes them just as guilty as if they each held that 8” bloody knife against my son. This added to the fact that they were there especially to apprehend Maksim Gelman.

Well Joseph’s case was dismissed based on a Supreme Court law. Dating back to 1856, the U.S. Supreme Court (South v. Maryland) ruled law enforcement officers have no duty to protect any individual, adding that there is no constitutional right for anyone to be protected by the state against being murdered by criminals or madmen. They have no legal duty to respond and prevent crime or protect the victim. The Supreme Court states that you, and only you, are responsible for your security and the security of your family and loved ones. The Supreme Court has ruled this repeatedly.

No direct promises of protection were made to Mr. Lozito

Special Relationship

After you read the following paragraphs, I think you will agree with me that this definitely sounds like Joseph did have a special relationship.

• When the person has been harmed by a third party and can prove the state-created danger theory.
• When the harm ultimately caused was foreseeable and fairly direct.
• When the officers willfully disregarded plaintiff's safety.
• When the officers knew or should have known that its actions specifically endangered the plaintiff.
• When the police act recklessly in conscious disregard of that risk.

CHAPTER 3

Okay, so yes there’s the Supreme Court Law about ‘no protect and serve’ and though I certainly without a doubt don’t agree with it, I’m confused about this loophole, uh I mean law.

• Protect the lives and property of our fellow citizens and impartially enforce the law.
• Fight crime both by preventing it and by aggressively pursuing violators of the law.
• Maintain a higher standard of integrity than is generally expected of others because so much is expected of us.
• Value human life, respect the dignity of each individual and render our services with courtesy and civility.           

Training Bureau/Police Academy
http://www.nyc.gov/html/nypd/html/police_academy/police_academy.shtml

The mission of the Training Bureau is to transform uniformed and civilian members of the Police Department into law enforcement professionals,  equipped with the necessary academic and tactical knowledge to protect the life, rights, property, and dignity of all the residents of the City of New York. We believe that a well-trained police professional will have a favorable impact on the diverse communities they serve, will be respected by their peers, and will be emulated by other law enforcement agencies. We endeavor to facilitate training by utilizing technology, research and development, and meticulous instruction to ensure that members of the Police Department can continue to be lauded as New York’s Finest.

http://www1.nyc.gov/office-of-the-mayor/news/099-15/mayor-de-blasio-commissioner-bratton-speaker-mark-viverito-7-3-million-investment-to

 “The hardworking men and women who make up the NYPD put their lives on the line each day to protect our city’s residents—and we owe these officers every possible protection as they patrol our city’s streets...”

On October 8, 2015, as Mayor De Blasio was speaking at the swearing-in ceremony, he said:
http://www1.nyc.gov/office-of-the-mayor/news/702-15/transcript-mayor-de-blasio-delivers-remarks-nypd-swearing-in-ceremony

Did he have a parade? Okay, please bear with me after all I am his mother! Did he get a key to the city? Did he get a plaque? Did he get a handshake? Did he get a thank you? Did he get a pat on the back? Did he get a wave even from a distance? Did he receive even an acknowledgment?

Yes, you read that right! The NYPD and the city blamed Joseph stating that:

• He should have known that his behavior (my comment: trying to save his life) could cause or contribute to his injuries.
• He voluntarily assumed the risk (my comment: because he didn’t want to die) when he engaged in this behavior.
• He did not use a seat belt or other safety device (my comment: neither of these is available on the subway and not only would these not have helped my son, but would have made his injuries worse than they were or would have insured his death).

Joseph wrote a book.
http://www.amazon.com/The-New-York-Subway-Hero/dp/1499215800

The Sad Truth about Elder Care
by
Rosalie Marie Musumeci
Copyright © 2008 by Rosalie Marie Musumeci
All Rights Reserved.  No part of any art / literary content works herein may be reproduced (make copies), adapted (make new versions), distributed or published, performed in public, or displayed.

Nursing Homes / Rehabilitation Centers

DEFICIENCIES IN NURSING HOMES AND REHABILITATION CENTERS

DEFICIENCIES OF HEALTH

Staff and Quality

·         The nursing homes did not follow all laws and professional standards.

·         The staff did not allow the residents to refuse treatment or refuse to take part in an experiment.

·         They did not allow the residents the right to choose activities, schedules and health care according to their interests, assessment, and plan of care.

·         The staff did not tell the residents completely about their health status.

·         The nursing homes did not honor all of the residents' rights as residents of the nursing homes and as citizens or residents of the United States.

·         The doctors did not always see the care plan at every visit and make notes about progress and orders in writing. They did not visit residents regularly, as required. They did not keep accurate and appropriate medical records, and did not provide written records when residents were transferred or discharged. In addition, they did not keep residents' personal and medical records private and confidential. Also, clinical information was not kept safe, so that it would not be lost, destroyed or used by the wrong person.

·         The residents were not allowed to easily see the results of the nursing homes' most recent survey. They did not listen to the residents or family groups or act on their complaints, or if they did act, it was not quickly.

·         The residents did not have privacy in their bedrooms.

·         The staff did not send and promptly deliver unopened mail to residents.

·         The staff did not properly hold, secure, manage and provide proof of residents' personal money which was deposited with them. In addition, they did not quickly give the residents' personal money to the heads of his or her estate after the resident's death.

·         The nursing homes did not post nurse staffing information.

·         The nursing homes did not set up a group who would be legally responsible for writing and setting up policies for leading and running the nursing homes. They did not have a panel of people to review and ensure quality. They did not hire a properly licensed administrator.

·         The staff did not administer care in a way that led to the highest possible level of well-being and quality of life for the residents. Also, they did not provide care in a way that would make residents have dignity and self-respect. In addition, the care both inside and outside of the nursing homes did not meet professional standards of quality. They did not use a registered nurse at least 8 hours a day, 7 days a week. They did not have enough nurses to care for residents in a way that would maximize well-being. They did not get proof that nurse aides had the training and skills that the State requires, and in fact, did not make sure that the nurse aides had the skills to be able to care for residents. They did not review the work of each nurse aide every year; or give regular training for the nurse aides.

·         The staff did not tell or put in writing to the residents or their representatives, how long the nursing homes would hold the residents' bed when he or she temporarily left the facility.

Abuse, Neglect, Mistreatment, Isolation and Physical Restraint

·         The nursing homes did not protect residents from all abuse, neglect, mistreatment or isolation. In fact, they actually hired people who had a legal history of these atrocities, so then, of course, when there were occurrences, they did not report them. The nursing homes also used physical restraints.

Medical Care

·         The residents did not have a complete care plan that would meet all of their needs, with timetables and actions that could be measured. They did not have a complete care plan within 7 days of their admission. If there was a care plan, it was not prepared with the care team, including the primary nurse, doctor, resident or resident's family or representative. And also, if there was a care plan, it was not followed.

·         The staff did not tell the residents about Medicaid benefits: eligibility, services covered, and how to apply. They also did not give the residents the names and addresses of State groups that could also help.

·         The staff did not always give or get lab tests, x-rays, or other tests to meet the needs of residents. They did not quickly tell the doctors the results. They also gave tests without the attending doctor ordering them. In addition, they did not keep signed and dated reports. In addition, residents did not get dental care.

·         The nursing homes did not help residents who couldn't care for themselves with eating/drinking, grooming and hygiene. And for those residents who could care for themselves, they did not receive treatment/services to be able to continue with their self-care.

·         The staff did not give proper treatment to residents with feeding tubes to prevent problems (such as aspiration pneumonia, diarrhea, vomiting, dehydration, metabolic abnormalities, and nasal-pharyngeal ulcers) and help restore eating skills, if possible.

·         The staff did not give residents proper treatment to prevent new bed (pressure) sores or heal existing bed sores.

·         The staff did not properly care for residents needing special services, including: injections, colostomy, ureostomy, ileostomy, tracheostomy care, tracheal suctioning, respiratory care, foot care, and prostheses.

·         The staff did not immediately tell the resident, doctor, and a family member if there was a major change in resident's physical/mental health, or if there was a need to alter treatment significantly.

·         Residents who entered the nursing homes without a catheter were then given a catheter, even when it is was unnecessary.

·         Residents with reduced range of motion did not get proper treatment and services.

·         The staff did not give residents enough fluids to keep them healthy and prevent dehydration.

·         The nursing homes did not have a program to keep infection from spreading. In fact, when residents were sick, they were not kept apart from well residents. They did not clean and store sheets, towels and other linens in a way that prevented the spread of infection. The nursing homes did not get rid of garbage properly, and there was not a program to prevent/deal with mice, insects, or other pests. Not surprisingly, staff members did not wash their hands when needed.

·         At least once a month, the nursing homes did not have a licensed pharmacist check the drugs that the residents were taken. The staff did not have drugs and other related products which were needed every day. The staff did not keep residents free from drugs. The staff did not properly mark drugs and other similar products. The staff did not make sure that residents were safe from serious medication errors, such as, the rate of medication errors (wrong drug, wrong dose, wrong time) was 5% and higher. Residents who took drugs were given too many doses, or took medications for too long a period of time. The staff did not make sure that the use of drugs was carefully watched, however, when they did watch, they did not stop or change drugs that cause unwanted effects.

·         The nursing homes did not develop/implement required procedures for the administration of immunizations.

·         The staff did give the right treatment and services to residents who had mental or social problems adjusting. They did not make sure that residents didn't become withdrawn, angry or depressed if these problems did not exist before.

·         The staff did not provide social services for related medical problems.

·         The nursing homes did not have adequate and comfortable sound and lighting in all areas.

·         The nursing homes did not have areas which were homelike and comfortable.

·         The nursing home did not provide needed housekeeping and maintenance. 

Food

·         The nursing homes did not use properly trained paid feeding assistants. They did not provide licensed nursing supervision of the feeding assistants. They did not properly monitor the feeding of its residents. They did not store, cook, and give out food in a safe and clean way. They did not stop employees, who had a disease that could spread, from having direct contact with residents or food.

·         The staff did not provide 3 meals daily at regular times. They did not serve breakfast within 14 hours after dinner. They did not offer a snack at bedtime each day.

·         The staff did not prepare food that was nutritional, appetizing, tasty, attractive, well-cooked, and at the right temperature. They did not offer other nutritional food to residents who would not eat the food served. They did not make sure that residents were well nourished and that their nutritional needs were met.

Assessment

·         The staff did not screen residents when they are first admitted to send them to an area with special care for people with developmental disabilities or mental illness, if needed.

·         The staff did not make a complete assessment that covered all questions for areas that are listed in official regulations. They did not make sure that all assessments were accurate, coordinated by an RN, done by the right professional, and were signed by the person completing them. They did not do the resident's assessment every 3 months, or do a new assessment after any major change in residents' physical or mental health.

DEFICIENCIES OF SAFETY

Safety Plan

·         The nursing homes did not have a detailed, written plan for disasters, emergencies and evacuations, and they did not train all employees on what to do.

·         The emergency lighting in the nursing homes did not last at least 1 ½ hours.

·         The nursing homes areas were not free of dangers and so residents had accidents. The staff did not immediately tell a doctor and family. They did not have firmly secured handrails on each side of hallways.

·         The nursing homes did not have rooms that can be unlocked from inside without a key.

·         The nursing homes did not have proper exit designs. They did not have properly located and lighted "Exit" signs, and proper backup exit lighting. The exits were not accessible at all times and were free from obstructions. The exits did not allow residents to escape the building. They did not have any signs that stated exit doors were to be kept closed.

·         The nursing homes did not keep all essential equipment working safely.

·         The nursing homes did not have properly protected cooking facilities.

·         The nursing homes did not have properly constructed piped-in oxygen systems.

·         The nursing homes did not have properly installed electrical wiring and equipment, and a separate and independent backup electrical power source.

·         The nursing homes did not have proper medical gas storage and administration areas.

·         The nursing homes did not have weekly inspections and monthly testing of generators.

·         The nursing homes did not have proper power supply for life support equipment.

·         The nursing homes did not have enough outside airflow.

·         The nursing homes did not have heating and ventilation systems that were properly installed according to the manufacturer's instructions.

·         The nursing homes did not have enough backup water supplies for important areas of the nursing homes.

·         The nursing homes did not have a working call system available in each resident's room or bathroom and bathing area. They also did not have a private telephone available for use.

·         The nursing homes did not have properly installed hallway dispensers for alcohol-based hand rub.

·         The nursing homes did not have emergency showers.

·         The nursing homes did not have linen or trash chutes properly sized and located

Fire Safety Plan

·         The nursing homes did not have fire safety features required by current fire safety codes.

·         The nursing homes used construction type and materials which were not approved.

·         The nursing homes were not designed, built, equipped, or well-kept to protect the health and safety of residents, workers, and the public.

·         The nursing homes did not have portable fire extinguishers, and an approved fire extinguishing system.

·         The nursing homes did not properly maintain smoke detectors and have automatic smoke detection system in all hallways.

·         The nursing homes did not have proper fire barriers, ventilation and signs for the transport of oxygen.

·         The nursing homes did not have an approved back-up procedure for a faulty fire alarm system. The installation, maintenance and testing program for fire alarm systems in the nursing homes was not approved. They did not have fire alarm systems that could be heard throughout the facility.

·         The nursing homes did not have properly working alarms on sprinkler valves. The automatic sprinkler system connected to the fire alarm system in the nursing homes was not approved, and maintained in working order. They did not have back-up procedures which were not in place for faulty automatic sprinkler systems.

·         The nursing homes did not have constructions that would resist fire for one hour. They did not have two-hour-resistant firewall in common walls. They did not have fire-resistant interior walls. They did not have fire-resistant room wall surfaces.

·         The nursing homes did not have smoke barrier doors that could resist smoke for at least 20 minutes. They did not have walls or barriers that would prevent smoke from passing through and would resist fire for at least one hour. The corridors and hallway doors did not block smoke. They also were not separated from common areas by walls constructed to limit the passage of smoke.

·         The nursing homes did not have proper stairway enclosures and vertical shafts.

·         The nursing homes did not have proper construction of ducts through walls designed to prevent smoke passage.

·         The nursing homes had at least two remote exits on each floor or fire section of the building which were deficient.

·         The nursing homes did not post no-smoking signs where oxygen was used, and where smoking was not permitted or allowed. They did not provide ashtrays where smoking was allowed.

·         The nursing homes did not restrict the use of highly flammable materials including curtains.

·         The nursing homes did not restrict the use of portable space heaters.

·         The nursing homes did not have externally vented heating systems.

The following guides are to help you make the best possible decision about the care for your loved ones.

The End

To Sleep. To Die. Nevermore to Cry.
are my heartbroken words to my ex about him abusing me.
by
Rosalie Marie Musumeci
Copyright © 2008 by Rosalie Marie Musumeci
All Rights Reserved.  No part of any art / literary content works herein may be reproduced (make copies), adapted (make new versions), distributed or published, performed in public, or displayed.

When we were married, I stood before the mirror dressed in my wedding gown. My dreams danced around me as I imagined what my life would be like with you. I loved you so very much, and I believed that you loved me too. Later that day we were married. But then within a short time my smiles become tears. At first I cried and cried, and made excuses for you as to why you were hurting me so badly. Your unkind words troubled my heart, soul and mind. And so, I shed my wedding dress for all my days, and wore instead my imaginary suit of armor around my heart to try to keep you out, to try to keep the pain out. But it was all in vain.