saizai

What, you think the feds would indict him? Ha.

This was a NY State ADA. Probably found out about it somehow and decide to prosecute. I will be shocked if an AUSA does the same.

Boggie Dog

This TSA PERVERTwill very likely not serve one day in jail. No priors, no felony charge. Seems there should have been a sexual assault charge along with the other charges. It's even possible for this guy to end up with an expunged record if he is convicted at all.

FliesWay2Much

If I read things correctly, he only had a $3000 bond, so he's probably out on the street.

Have no fear, an anonymous Spokeshole was right there (Lisa, is that you???):

I wonder if the union will make sure he gets his job back?

saizai

He does have a $3k bond, but per the docket (click 'appearances'), he hasn't posted it yet. So he's still in jail at the moment. His real arraignment date is Sept 2; what he had Aug 28 was a "pre-arraignment deposition" (I know all those words but I don't know what that is procedurally).

And yes, it's almost certain to plead out. Probably get bumped down to a class B misdemeanor, which is max 3 months in local jail. (AFAICT the sentencing rules say that multiple charges for the same act are to be served concurrently, so it's not 1yr + 3mo + 1yr + 15d; it's max 1yr total. However, IANAL & I'm definitely not a NYS criminal lawyer, so read it for yourself.)

saizai

BTW if you want to contact the prosecuting ADA, here's their press release w/ press contact info. (PDF)

The ADA's name on the docket is Patel. However, the press release says: "Assistant District Attorneys James M. Liander, Chief of the District Attorney’s Integrity Bureau, is prosecuting the case under the overall supervision of Executive Assistant District Attorney for Investigations Peter A. Crusco and Deputy Executive Assistant District Attorney for Investigation Linda M. Cantoni."

Twitter @QueensDABrown
Press (718) 286-6315
Integrity Bureau (718) 286-6560

Boggie Dog

Should be an automatic mandatory 10 years in prison enhancement just for being a TSA employee.

spd476

Punishment for something like this should start with years in prison, not months in a local jail. This person was in a position of authority and abused their power.

Boggie Dog

It is more than that.

TSA engages in pat downs of a nature that in almost any other circumstance would be considered an assault except while being jailed or in jail.

Any TSA employee abusing the system should pay heavily. I suggest a minimum of an additional 10 years in prison on top of any other findings.

Of course the real question that needs answered, does TSA really need to be fondling peoples genitals under any circumstance? If they suspect someone is hiding contraband then it should be a matter for police.

chollie

If a pax touches a screener, s/he will likely be charged with felony assault because the screener enjoys special protections as a 'federal officer'.

Equally, a TSO guilty of misconduct in uniform should be punished much more harshly than an ordinary civilian committing the same offense.

In this particular case, there is no way it would have gone down this way if he hadn't been abusing the authority of his uniform. Had he been an ordinary pax, the charges would be much harsher. That is completely backwards.

saizai

They actually dispute that when you try to sue them. There's a circuit split over whether TSA screeners are "investigative officers" for the purposes of the FTCA.

Boggie Dog

As far as I am concerned TSA screeners are not officers of any kind.

N830MH

Yes, this is real sickening!! No one touch with her private parts and no more touching with her breasts. Never! She had it right to kept her privacy.

FliesWay2Much

We can blame this on Kippie. He invented the term when he came out with the intimidating cop-impersonating uniforms and tin badges.

He also pushed through a civil service job classification series change. These days, they are Occupational Series 1802, Compliance Inspection and Support. Here's the official definition (Page 106 of the linked document):

Kippie's intent was for the TSA clerks to be able to compete for jobs in any of the 1800-series occupations. You can view these in the same document I linked above. The 1880-series are all the CBP jobs. TSA clerks certainly know how to look for drugs and cash and how to rub our noses in the Constitution, so they are naturals for those jobs.

My favorite is: Mine Safety and Health Inspection Series (1822). I think a very good use of TSA clerks is to be canaries in coal mines.

I'm not sure I can think of one TSA employee (clerk or otherwise) who has been hired by another government agency. We have 1800-series positions, so I can say with certainty that we have no former TSA clerks.

chollie

We'd see less screener misconduct if we started holding the LTSOs, STSOs and suits responsible.

Everyone in this guy's chain of command should have his misconduct documented in their file. Such demerits should play a role in deciding on whether or not someone has earned a pay increase or bonus.

Don't like being held accountable for the actions of those under your watch? Then leave your cellphone in your locker, stop delaying pax while you finish your personal conversations, and start doing what you are paid to do.

And don't forget: 'see something, say something'. The bonus/pay increase you save may be your own.

RatherBeOnATrain

I know where you are coming from FliesWay2Much, but be careful about comparing TSA clerks to federal Mine Safety inspectors -- those people do very important and very dangerous work.

For example, Mine Safety and Health Administration (MSHA) Coal Mine Safety and Health Roof Control Specialist Gary L. Jensen was killed while attempting to rescue trapped miners at the Crandall Canyon Mine (wikipedia).