PRESS CONFERENCE Date: November 23, 2015 Place: LAW OFFICE OF KENNETH M. MOLLINS, P.C. 1393 Veterans Memorial Highway Suite 1018 Hauppauge, New York 11788 (631)608-4100 Time: 10:15 a.m. Subject: THOMAS DEMINT, CHARGES DISMISSED ‘Thomas Demint videotaped the police arresting and abusing the person they were called to help. Mr. Demint was detained, thrown to the floor and his phone taken so the Suffolk County Police could erase the recording, In their hast to cover up the accident they erased the wrong recording. ‘Mr. Demint was arrested, assigned legal aid who coerced him to take a plea. On Friday, November 20, 2015, my office had all charges dismissed after 18 months of delays. ‘The video speaks for itself. ‘The police officer perjured himself in his sworn statement filed in support of the misdemeanor information, which was the basis for the prosecution. Today we filed a Notice of Claim letting the Suffolk County Police know they can’t punish innocent people who document abuse. ‘The Suffolk County District Attorney took 18 months to investigate what they knew was a matter that had no merit. Mr. Demint will address his claim for false arrest, malicious prosecution and violation of his Civil Rights.In the Matter of the Claim of THOMAS DEMINT, NOTICE OF CI -against- SUFFOLK COUNTY DISTRICT ATTORNEY’s OFFICE, THOMAS J. SPOTA, AS SUFFOLK, COUNTY DISTRICT ATTORNEY, COUNTY OF SUFFOLK, SUFFOLK COUNTY POLICE DEPARTMENT AND SUFFOLK COUNTY POLICE OFFICERS “JOHN DOES 1-15”, true names being unknown at this time. - 4 TO: SUFFOLK COUNTY DISTRICT ATTORNEY'S OFFICE 77 Veterans Memorial Highway William J. Lindsay County Complex Hauppauge, New York 11788 THOMAS J. SPOTA, DISTRICT ATTORNEY OF SUFFOLK COUNTY 77 Veterans Memorial Highway William J. Lindsay County Complex Hauppauge, New York 11788 COUNTY OF SUFFOLK clo Suffolk County Attomey’s Office H, Lee Dennison Building 100 Veterans Memorial Highway ~6* Floor Hauppauge, New York 11788 SUFFOLK COUNTY POLICE DEPARTMENT co Suffolk County Attorney’s Office H. Lee Demnison Building 100 Veterans Memorial Highway ~6" Floor Hauppauge, New York 11788 SUFFOLK COUNTY POLICE OFFICERS “JOHN DOES1-15” clo Suffolk County Attomey’s Office H. Lee Dennison Building 100 Veterans Memorial Highway -6" Floor Hauppauge, New York 11788 ‘TAMICHELLENOTICE OF CLAIMSWemint, Thomas - Notes of Caim ¥.Counyof Sufi doeSIRS: PLEASE TAKE NOTICE, that the claimant(s) herein make(s) claim and demand against the SUFFOLK COUNTY DISTRICT ATTORNEY’s OFFICE, THOMAS J. SPOTA, AS SUFFOLKCOUNTY DISTRICT ATTORNEY, COUNTY OF SUFFOLK, SUFFOLK COUNTY POLICE DEPARTMENT and SUFFOLK COUNTY POLICE OFFICERS “JOHN DOES 1-15” as follows: 1 ‘Name and address of each claimant: 1 Shannon Court THOMAS DEMINT Center Moriches, New York 11934 2. ‘Name and address of each claimant’s attorney: LAW OFFICE OF KENNETH M. MOLLINS, P.C, 1393 Veterans Memorial Highway Suite 1018 Hauppauge, New York 11788 3. Nature of the claim: This is a claim to recover monetary damages for the personal injuries, emotional harm and humiliation sustained by the Claimant, THOMAS DEMINT, and for monetary loss sustained by THOMAS DEMINT by reason of health care and legal expenses. Such claims arose as a result of the carelessness, recklessness and negligence occasioned upon Claimant by the SUPFOLK COUNTY DISTRICT ATTORNEY’s OFFICE, THOMAS J. SPOTA, AS SUFFOLK COUNTY DISTRICT ATTORNEY, COUNTY OF SUFFOLK, SUFFOLK COUNTY POLICE DEPARTMENT and SUFFOLK COUNTY POLICE OFFICERS “JOHN DOES 1-15”, their agents, servants and/or employees. The claim also seeks monetary damages for a violation of the Claimants’ civil rights, both State and Federal, in that, without provocation, probable or just cause, the Claimant was falsely arrested and maliciously prosecuted for 18 months and that said action by the SUFFOLK COUNTY DISTRICT ATTORNEY’s OFFICE, THOMAS J. SPOTA, AS SUFFOLK COUNTY DISTRICT ATTORNEY COUNTY OF SUFFOLK, SUFFOLK COUNTY POLICE DEPARTMENT and SUFFOLK COUNTY POLICE OFFICERS “JOHN DOES 1-15”, their agents, servants and/or employees, violates both Federal and State Civil Rights laws, ‘T)MICHELLEWOTICE OF CLAIMS\WDemin, Thoms - Noize of Cam v, County of Suk doeThe Claimant is also claiming punitive damages based on the morally reprehensible and culpable conduct of the SUFFOLK COUNTY DISTRICT ATTORNEY’s OFFICE, THOMAS J. SPOTA, AS SUFFOLK COUNTY DISTRICT ATTORNEY, COUNTY OF SUFFOLK, SUFFOLK COUNTY POLICE DEPARTMENT and SUFFOLK COUNTY POLICE OFFICERS “JOHN DOES 1-15”, their agents, servants and/or employees, and the fact that said damages will be a deterrent to this type of action in the future, 4. Date, time and place claim arose: ‘This claim arose on May 22, 2014, at approximately 11:00 a.m. at or about the outside of the premises known as 9 Drew Lane, Center Moriches, Town of Brookhaven, County of Suffolk, State of New York. 5. Manner that claim arose: This claim arose at the aforesaid date, time and place when the claimant, THOMAS DEMINT, witnessed and taped with his cell phone, an incident involving Michael Allen and the Suffolk County Police in which Michael, his brother Anthony and their mother were beaten and tasered while handcuffed. SUFFOLK COUNTY POLICER OFFICERS observed the Claimant videoing the incident and when order was restored approached the Claimant demanding he give them the phone. ‘When the Claimant refused, they knocked him to the ground, took the phone and attempted to delete the video but were unsuccessful, SUFFOLK COUNTY POLICE OFFICERS “JOHN DOES 1-15” among others acted in a manner wherein they arrested Claimant, THOMAS DEMINT, without probable cause or provocation. Claimant, THOMAS DEMINT, alleges police brutality and the use of, excessive force by the SUFFOLK COUNTY POLICE DEPARTMENT all of which were covered up by the SUFFOLK COUNTY POLICE POLICE DEPARTMENT. 6. The Claimant was arrested and charged with Obstructing Governmental Administration in the Second Degree and Resisting Arrest, both Class “A” Misdemeanors punishable by up to ‘one (1) year incarceration. ‘The Claimant was forced to retain counsel and appeared in 1* District Court, County of Suffolk on multiple occasions over a period of eighteen (18) months. The Suffolk County District Attomeys Office conducted a lengthy investigation which resulted in the dismissal of all charges on November 20, 2015 pursuant to Section 170.31 (4) of the Criminal Procedure Law. The Respondents actions constituted false arrest and malicious prosecution. ‘TAMICHELLEWOTICE OF CLAIMS\Demint, Tomes - Natie of Clim v. County of Suffolk doc7. SUFFOLK COUNTY DISTRICT ATTORNEY’s OFFICE, THOMAS J. SPOTA, AS SUFFOLK COUNTY DISTRICT ATTORNEY, COUNTY OF SUFFOLK, SUFFOLK COUNTY POLICE DEPARTMENT and SUFFOLK COUNTY POLICE OFFICERS: “JOHN DOES 1-15”, as a result of the aforesaid, which encompasses police brutality, false arrest, malicious prosecution, Federal and State Civil Rights Violations are responsible to Claimant for compensatory and punitive damages. SUFFOLK COUNTY DISTRICT ATTORNEY’s OFFICE, THOMAS J. SPOTA, AS SUFFOLK COUNTY DISTRICT ATTORNEY, COUNTY OF SUPFOLK, SUFFOLK COUNTY POLICE DEPARTMENT and SUFFOLK COUNTY POLICE OFFICERS “JOHN DOES 1-15” their agents, servants and/or employees were negligent, careless and reckless by intentionally and/or negligently tackling Claimant to the ground, falsely charging and arresting the Claimant and maintaining a prosecution based on perjured. statements for 18 months, SUFFOLK COUNTY DISTRICT ATTORNEY’s OFFICE, THOMAS J. SPOTA, AS SUFFOLK COUNTY DISTRICT ATTORNEY, COUNTY OF SUFFOLK, SUFFOLK. COUNTY POLICE DEPARTMENT and SUFFOLK COUNTY POLICE OFFICERS “JOHN DOES 1-15”, agents, servants and/or employees, violated the Claimant’s civil rights, both Federal and State, by threatening and knocking the Claimant to the ground without probable cause or reasonable suspicion and while not posing any threat whatsoever to the police officers, and not under suspicion for any viable reason, causing Claimant to sustain injuries and damages. ‘The aforesaid occurrence was caused solely and wholly by the SUFFOLK COUNTY DISTRICT ATTORNEY’s OFFICE, THOMAS J. SPOTA, AS SUFFOLK COUNTY DISTRICT ATTORNEY, COUNTY OF SUFFOLK, SUFFOLK COUNTY POLICE DEPARTMENT and SUFFOLK COUNTY POLICE OFFICERS “JOHN DOES 1-15”, their agents, servants and/or employees without any fault or lack of care on the part of the Claimant. That the force used to arrest the Claimant was unreasonably excessive, unprovoked and without justification. That the aforesaid placed the Claimant in a state of reasonable fear whereby he was caused to suffer @ reasonable apprehension of harm. ‘The SUFFOLK COUNTY DISTRICT ATTORNEY'S OFEICE was provided the videotape of the entire incident while in possession of the Police Officers swom statement alleging facts inconsistent with video. TAMICHELLENOTICE OF CLAIMS\Doming, Thoms - Nodeof Cain y. County of Sub oo‘The SUFFOLK COUNTY DISTRICT ATTORNEY’S OFFICE violated Claimant's Civil Rights, both Federal and State in continuing the prosecution of Claimant despite having knowledge that Claimant’s involvement was falsely set forth in Police Officer Peter ‘Jurgersen’s sworn statement filed in support of the Misdemeanor Information. Justice delayed is Justice denied and the SUFFOLK COUNTY DISTRICT ATTORNEY’s OFFICE abused their power under color of authority in continuing the prosecution of Claimant’s case in violation of Claimant’s Civil Rights for eighteen months. 8. Injuries to the claimant(s): Claimant, THOMAS DEMINT sustained bodily and psychological injuries, the extent of which remain unknown. Claimant, THOMAS DEMINT sustained monetary losses as a result of health care and legal ‘expenses associated with the aforesaid incident. Claimant seeks compensatory and punitive damages as a result of the aforesaid in the sum of TWO MILLION DOLLARS ($2,000,000.00). Claimant hereby presents this claim for adjustment and payment. PLEASE TAKE NOTICE, that if this claim is not adjusted and paid within the time provided by law after presentation of same, claimant will commence an action in this matter. Dated: Hauppauge, New York ‘November 20, 2015 Respectfully yours, LAW! mf ‘HM. MOLLINS, P.C. By: KENNETH M. MOLLINS Attomeys for Claimant 1393 Veterans Memorial Highway Suite 1018 ‘Hauppauge, New York 11788 (631)608-4100 ‘PAMICHELLENOTICE OF CLAIMS\Demint, Tomas - Notice of Ci v. County of Suffolk docVERIFICATION STATE OF NEW YORK ) 288, COUNTY OF SUFFOLK ) |,_BHOMAS DemINT being duly swom, deposes and says: ' am a Plaintiff in the within action, Ihave read the foregoing NOTICE OF CLAIM and know the contents thereof, the same is true to ‘my own knowledge, except as to those matters therein alleged to be on information and belief, and as to those matters | believe it to be true. THOMAS “6 MINT Swom to before me this 20bn day of _Noyem Notary Public TTNBREAGA Ori cur veRneD Nore OF GANtOoSIn the Matter ofthe Claim of THOMAS DEMINT, AKEIDAVIT OF SERVICE ~against- SUFFOLK COUNTY DISTRICT ATTORNEY’s OFFICE, THOMAS J. SPOTA, AS SUFFOLK COUNTY DISTRICT ATTORNEY, COUNTY OF SUFFOLK, SUFFOLK COUNTY, POLICE DEPARTMENT AND SUFFOLK COUNTY POLICE OFFICERS “JOHN DOES 1-15”, true names being unknown at this time. STATE OF NEW YORK —) 8s, COUNTY OF SUFFOLK) MICHELLE CURRY, being duly sworn, deposes and says: I am not a party to the within action, am over 18 years of age and reside in Nassau County, New York. On November 20, 2015, I served a copy of the NOTICE OF CLAIM. by depositing same in 4 post paid certified mail return receipt wrapper an official depository under the exclusive care and custody of the United States Postal Service within the State of New York, addressed to each of the following persons at the last known address set forth after each name TO; SUFFOLK COUNTY DISTRICT ATTORNEY'S OFFICE 77 Veterans Memorial Highway William J. Lindsay County Complex Hauppauge, New York 11788 THOMAS J. SPOTA, DISTRICT ATTORNEY OF SUFFOLK COUNTY 77 Veterans Memorial Highway William J. Lindsay County Complex Hauppauge, New York 11788 COUNTY OF SUFFOLK c/o Suffolk County Attorney's Office H, Lee Dennison Building 100 Veterans Memorial Highway ~6" Floor Hauppauge, New York 11788SUFFOLK COUNTY POLICE DEPARTMENT c/o Suffolk County Attomey’s Office +H. Lee Dennison Building 100 Veterans Memorial Highway ~6" Floor Hauppauge, New York 11788 SUFFOLK COUNTY POLICE OFFICERS “JOHN DOES1-15” c/o Suffolk County Attorney's Office H, Lee Dennison Building 100 Veterans Memorial Highway ~6" Floor Hauppauge, New York 11788 Swom to before me this 20" day of November 2015 NOTARY PUBLIC Le iy, THM NOLL t Cominsones ~