New York
Read the Prosecutors’ Letter
April 22, 2025
BY EMAIL
Todd Blanche
Deputy Attorney General
United States Department of Justice
950 Pennsylvania Avenue N.W.
Washington, DC 20530
Dear Deputy Attorney General Blanche,
The Department placed each of us on administrative leave ostensibly to review our, and
the Southern District of New York U.S. Attorney’s Office’s, handling of the Adams case. It is
now clear that one of the preconditions you have placed on our returning to the Office is that we
must express regret and admit some wrongdoing by the Office in connection with the refusal to
move to dismiss the case. We will not confess wrongdoing when there was none.
We have served under Presidents of both parties, advancing their priorities while pursuing
justice without fear or favor. The role of a career prosecutor is not to set policy. But a
prosecutor must abide by the oath to uphold the Constitution and laws of the United States and
the rules of professional ethics set by the bar and the courts. The Department has long
understood that these duties can and should coexist with the need to follow Department policies
and orders. This is to the benefit of all: the courts, defendants, and the public, who can have
confidence in the good faith and judgment of line prosecutors; the Department, which retains
credibility while still receiving zealous advocacy from its lawyers; and the prosecutors
themselves, who can stand in court confident that they are ethically carrying out their duties.
Now, the Department has decided that obedience supersedes all else, requiring us to abdicate our
legal and ethical obligations in favor of directions from Washington. That is wrong.
Serving in the Southern District of New York has been an honor. There is no greater
privilege than to work for an institution whose mandate is to do the right thing, the right way, for
the right reasons. We will not abandon this principle to keep our jobs. We resign.
Sincerely,
/s/
Celia V. Cohen
Andrew Rohrbach
Derek Wikstrom
Assistant United States Attorneys
New York
They Witness Deaths on the Tracks and Then Struggle to Get Help
‘Part of the job’
Edwin Guity was at the controls of a southbound D train last December, rolling through the Bronx, when suddenly someone was on the tracks in front of him.
He jammed on the emergency brake, but it was too late. The man had gone under the wheels.
Stumbling over words, Mr. Guity radioed the dispatcher and then did what the rules require of every train operator involved in such an incident. He got out of the cab and went looking for the person he had struck.
“I didn’t want to do it,” Mr. Guity said later. “But this is a part of the job.”
He found the man pinned beneath the third car. Paramedics pulled him out, but the man died at the hospital. After that, Mr. Guity wrestled with what to do next.
A 32-year-old who had once lived in a family shelter with his parents, he viewed the job as paying well and offering a rare chance at upward mobility. It also helped cover the costs of his family’s groceries and rent in the three-bedroom apartment they shared in Brooklyn.
But striking the man with the train had shaken him more than perhaps any other experience in his life, and the idea of returning to work left him feeling paralyzed.
Edwin Guity was prescribed exposure therapy after his train struck a man on the tracks.
Hundreds of train operators have found themselves in Mr. Guity’s position over the years.
And for just as long, there has been a path through the state workers’ compensation program to receiving substantive treatment to help them cope. But New York’s train operators say that their employer, the Metropolitan Transportation Authority, has done too little to make them aware of that option.
After Mr. Guity’s incident, no official told him of that type of assistance, he said. Instead, they gave him the option of going back to work right away.
But Mr. Guity was lucky. He had a friend who had been through the same experience and who coached him on getting help — first through a six-week program and then, with the assistance of a lawyer, through an experienced specialist.
The specialist prescribed a six-month exposure therapy program to gradually reintroduce Mr. Guity to the subway.
His first day back at the controls of a passenger train was on Thanksgiving. Once again, he was driving on the D line — the same route he had been traveling on the day of the fatal accident.
M.T.A. representatives insisted that New York train operators involved in strikes are made aware of all options for getting treatment, but they declined to answer specific questions about how the agency ensures that drivers get the help they need.
In an interview, the president of the M.T.A. division that runs the subway, Demetrius Crichlow, said all train operators are fully briefed on the resources available to them during their job orientation.
“I really have faith in our process,” Mr. Crichlow said.
Still, other transit systems — all of which are smaller than New York’s — appear to do a better job of ensuring that operators like Mr. Guity take advantage of the services available to them, according to records and interviews.
A Times analysis shows that the incidents were on the rise in New York City’s system even as they were falling in all other American transit systems.
An Uptick in Subway Strikes
San Francisco’s system provides 24-hour access to licensed therapists through a third-party provider.
Los Angeles proactively reaches out to its operators on a regular basis to remind them of workers’ compensation options and other resources.
The Massachusetts Bay Transportation Authority has made it a goal to increase engagement with its employee assistance program.
The M.T.A. says it offers some version of most of these services.
But in interviews with more than two dozen subway operators who have been involved in train strikes, only one said he was aware of all those resources, and state records suggest most drivers of trains that strike people are not taking full advantage of them.
“It’s the M.T.A.’s responsibility to assist the employee both mentally and physically after these horrific events occur,” the president of the union that represents New York City transit workers, John V. Chiarello, said in a statement, “but it is a constant struggle trying to get the M.T.A. to do the right thing.”
New York
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new video loaded: Protesters Arrested After Trying to Block a Possible ICE Raid
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transcript
Protesters Arrested After Trying to Block a Possible ICE Raid
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