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Tears of My Family


Fact or Fiction
is about my son, Joseph and my rendition of how the protect and serve aspect of the law is not law after all..
Brothers Forever Together is about the loss of my nephews, Steven and Matthew.
"Cremate me and throw my ashes down the sewer" is about the loss of my brother Joseph.


By

Rosalie Marie Musumeci, CHT., D.D., D.M.
Certified Hypnotherapist * Mental Health Counselor for Abuse and Consequences re: Male Intimacy Therapies re: 1990 Internship * Doctor of Divinity * Doctor of Metaphysics

Copyright © ­­­­2017 by Rosalie Marie Musumeci

All Rights Reserved. No part of any art or literary content works herein may be reproduced (make copies), adapted (make new versions), distributed or published, performed in public, or displayed.


Contact Me: please send me an Email: thepsycheworkshop@gmail.com and write “TPW” in the subject area.



Fact or Fiction
Fact or Fiction
This is about my son Joseph

Why?
Al Pacino as Arthur Kirkland: “The one thing that bothered me, the one thing that stayed in my mind and I couldn't get rid of it, that haunted me, was 'why? . . .”

Chapter 1
It was a cold wintry morning as my son, Joseph Lozito, traveled from his home in Pennsylvania to his work in Manhattan, New York ...
Alfred Douglas

Chapter 2
So what do you think: fact or fiction ...
Back to the lawsuit.
No direct pronises of protection were made to Mr. Lozito.
Special Relationship

Chapter 3
NYPD: Mission Statement - Mission Values in Partnership with the Community, We pledge to ... - Training Bureau / Police Academy
And then Mayor De Blasio:  “...
"We will be protected and served!"
Joseph was blamed for his own injuries!
Undersatand that these same laws will not protect you or your loved ones either!!!

Brothers Forever Together
Brothers Frever Together

This is about my sister’s children, my nephews, Michael, Steven and Matthew.

Cremate me and throw my ashes down the sewer.

"Cremate me and throw my ashes down the sewer."
This is about my brother Joseph.

Fact or Fiction
This is about my son Joseph

On February 12, 2011 my son, Joseph Lozito, was viciously attacked by Maksim Gelman on a New York City subway. This is my rendition of how the protect and serve aspect of the law is not law after all.

Why?


Using some of the dialogue from the film, “And Justice for All’ I will be able to set the stage (so to speak). http://en.wikiquote.org/wiki/...And_Justice_for_All_(film)

Al Pacino as Arthur Kirkland: “The one thing that bothered me, the one thing that stayed in my mind and I couldn't get rid of it, that haunted me, was 'why? . . .”

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 going' on here! You sonofabitch! You're supposed to STAND for something'! 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? Well this is about the dire need to change the law regarding “Protect and Serve” and “Special Relationship” criteria.


Chapter 1

It was a cold wintry morning as my son, Joseph Lozito, traveled from his home in Pennsylvania to his work in Manhattan, New York.

It was the Saturday morning of February 12, 2011.

Though it was daylight, this day, within minutes after Joseph would board a train in the New York City subway system, was going to feel as if it was a ‘dark and stormy night’ (as written by novelist Edward Bulwer-Lytton in the opening sentence of his 1830 novel Paul Clifford).

Joseph got on the train and sat right by the motorman’s door, where he always sat. He then noticed two police officers get on the train and go into the motorman’s cab.

My son didn’t know this yet but the police officers on his train and other law enforcement was throughout the subway system looking for Maksim Gelman who the night before had killed Aleksandra Kuznetsov, Anna Bulchenko, Yelena Bulchenko and Steve Tannenbaum.

He had also hurt Art DiCrescento, Fitz Fullerton and Sheldon Pottinger.

Gelman got on the train and then walked toward the motorman’s cab. He then stops and faces Joseph, standing about two feet from him. Gelman looked at my son and pulled out an 8” knife saying, “You’re going to die! You’re going to die!”

Officer Terrance Howell and Officer Tamara Taylor did not come out.

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.


Alfred Douglas

"You can't just live your life for you alone, you have to live your life to help others."
http://philadelphia.cbslocal.com/2011/02/17/good-samaritan-helps-ne-philadelphia-man-who-tackled-ny-serial-killer/ 
Alfred Douglas was the Good Samaritan who helped my son by applying pressure to his head wounds to try to limit the bleeding. And the police… well we know that story.

 
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.

Now, remember that Officer Terrance Howell and Officer Tamara Taylor were on the train and other law enforcement was throughout the subway system, looking for Maksim Gelman.

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.

Back to the lawsuit.

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.

 
It is written in Joseph’s Dismissal of his Law Suit that the Supreme Court of the State of New York, that the NYPD or any individual police officer, never promised him that they would protect him, as no direct promises of protection were made to Mr. Lozito nor were there direct actions taken to protect Mr. Lozito prior to the attack. Therefore, a special duty did not exist.
 
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.

Joseph’s dismissal also states that he did not have a Special Relationship with Officer Terrance Howell and Officer Tamara Taylor. The Honorable Margaret Chan stated that to sue the city, Joseph needed to have had direct contact with Officer Terrance Howell and Officer Tamara Taylor and they would have had to know that Joseph was in danger and ignored that (they were watching), but there was no evidence of communication between Joseph and the police officers. I guess my son Joseph didn’t have a minute to talk as he was trying not to die and he almost did!

There is another aspect of the Special Relationship, so let’s review this. The law states that a Special Relationship between a person and police and a duty to protect, may still exist:

  • 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.

 
NYPD

Mission Statement

The mission of the New York City Police Department is to enhance the quality of life in New York City by working in partnership with the community to enforce the law, preserve peace, reduce fear, and maintain order. The Department is committed to accomplishing its mission to protect the lives and property of all citizens of New York City by treating every citizen with courtesy, professionalism, and respect and to enforce the laws impartially, fighting crime both through deterrence and the relentless pursuit of criminals.

Mission Values in Partnership with the Community, We pledge to:

  • 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

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.


AND THEN MAYOR DE BLASIO SAID

“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...”

“People respect and admire each and every one of you for stepping up, and being ready to protect people no matter what’s thrown at you – and you know about New York City. The one thing you can expect each and every day out on those streets, the one thing you can expect is the unexpected. But you know that. And you’re ready for that. Tough job, yes, but one of the most gratifying, because you will always see the fruits of your labor. You will always know what you’ve done for your fellow New Yorker. You’ll see the lives that you saved, the people you protected, and tragedies you averted. You’ll see the families, the children who you changed the trajectory of their lives. You will see lives that were different and better because you were there at that moment. I can’t think of anything more compelling to devote your life to.”

 
Okay so as per the words of the NYPD and Mayor de Blasio,
WE WILL BE PROTECED AND SERVED!

 
Wait . . . Wait. .  There’s that pesky Supreme Court Law which states that the police have no duty to protect any individual. Do you understand my confusion?


Okay, so we know that the police and the city did not do anything for my son in the way of ‘protect and serve’. But did they show appreciation for him doing their job while he was being slashed and almost murdered and for him saving other passengers on the train?

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?

No to all of these questions and in fact, my son,
JOSEPH WAS BLAMED FOR HIS INJURIES!

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).

IN ENDING

I would like to say that I am forever thankful and grateful to God that my son survived as he fought off, took down and disarmed this scum. I love you Joseph, my first baby, forever and always.

UNDERSTAND THAT THESE SAME LAWS WILL NOT PROTECT YOU OR YOUR LOVED ONES EITHER!!!
http://www.amazon.com/The-New-York-Subway-Hero/dp/1499215800


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Brothers Forever Together

This is about my sister’s children, my nephews, Michael, Steven and Matthew.


My sister lost two of her children.

Steven was 19 years old when he was died because of a drunk driver.

Matthew was 1 year old when he died because of a medical malpractice.

Michael is the brother who was able to survive the loss of his brothers.


God bless you Michael, Steven and Matthew.

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Cremate me and throw my ashes down the sewer.

This is about my brother Joseph.


Joseph, my brother died from an accidental overdose of pills. My sisters and I knew he was depressed as we were, as we were all mourning the death of our mom on April 23, 2008. My brother, Joseph, lived in Pennsylvania and returned home after our mom’s funeral. My sisters and I called him almost every day and he sounded good, laughing and making us laugh. We begged him to move back to New York with us. He refused.


Joseph then met a woman I’ll refer to as TT. They became engaged almost immediately and he was so happy for a few months. Then in October 2008, TT broke the engagement to him and refused to move out when he asked her to. Then this one night my brother heard all this commotion outside. When he opened the door, there were police officers all over. TT had called the police and told them Joseph threatened to kill her and her 5 year old son. My brother was a big teddy bear and would never, never say anything like this, let alone do anything like this.

Joseph was arrested, but was first brought to the hospital where TT had him committed. He was released in less than 24 hours and then brought to jail. Over the next 24 hours, 4 times he was brought to see a doctor because of chest pains. The police then brought Joseph to his house to get his clothes because when they arrested him all he was wearing was an undershirt and shorts. When they pulled up, TT was there with two male friends and a moving truck. My brother told the police that he knew she was stealing and that he had about $2400.00 in the house. One police officer went into the house and the other one talked to this woman. When the police got back into the car they said they didn’t find any money and that TT said what she was taking was hers. But though my brother explained that nothing was hers, the police didn’t have any proof. TT stole most of Joseph’s furniture, television and electronics, everything, even the shower curtain and batteries from the television remote control.

Later that day, Joseph went before the judge and cried that he never threatened TT or anyone. He explained that he knew TT had done the same thing to other men and that one of them was still in jail, but he never thought she would do this to him. Joseph was released on bail. He was so afraid he would lose his job because of this, especially that he worked in a residential home for troubled teenagers. He loved this job.

On the day he had to go to court, I went with him and TT never showed up, so the case was dropped but not the charges. I begged Joseph to come home with me then, and begged him again to please move back to New York. Again he refused. As before, my sisters and I spoke to him almost every day and he sounded good, even great. Then on Thanksgiving Day I called him and he didn’t answer. I left a message. I waited a day and then called again, still no answer and again I left a message. I knew that if Joseph didn’t want to talk, he wouldn’t answer the phone. So a day or two later and every day after that my sisters and I called asking him, begging him to call us. We promised we wouldn’t answer the phone. We just wanted him to leave a message that he was okay. On December 5, 2008, I called the management office for the complex where my brother lived. When they couldn’t get into my brother’s house, they called the police. When the police went in, they found my brother in bed and he was not alive. The medical examiner determined that he died about the day before from an accidental overdose. This is not how we wanted Joseph back in New York, but he was finally coming home.

Losing my parents was bad but this was the worst thing that has ever happened to me and I have not been same since then. If only my sisters and I would have known how depressed Joseph was, we would have been with him in a heartbeat. Joseph hid the extent of his depression so well and because he sounded so good, we never imagined.

When I went to my brother’s house to bring home his things, I found his Last Will which he wrote on May 24, 2008 and updated on October 30, 2008. Joseph wrote what he wanted to wear upon his death and what he wanted to be buried with him. He wrote who he wanted his belongings to go to. And then I read the next line and it destroyed me. He wrote,

"Cremate me and throw my ashes down the sewer."



The End of Tears of My Family
 

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My captivation with the mind, together with my humanitarian nature, my varied professional training and experiences, my therapy talents, and through my past and ongoing extensive research and studies, has guided me on a journey in which I am blessed in that I am able to help people. In addition, through my personal past, I have learned to turn my misery into time well spent. Helping others has always been where my heart is and my lifelong desire, both personally and professionally. My goal is to continue on this path.

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This Heart-Steps Therapy Book will help you to identify and understand about abuse and the unavoidable consequences. I have shared my story as an example of the many types of abuse. Through reading my story and this therapy you will learn to love yourself by repairing your damaged sense of self and distorted belief system of what you believe to be true about yourself and the world. It also will help you to repair your maladaptive coping skills and behavior patterns. You are never, ever alone.

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The Sad Truth about Elder Care

In February 2008 my mom became sick. Well my research left me in a fatal state of dismay and disgust. This is my research study about Nursing Homes / Rehabilitation Facilities.



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