As a public housing ‘expert’ I was recruited by UB planner Bob Shibley in 1993 to assist in writing your housing platform promising public housing reform. But BMHA Executive Sharon West has now leveraged an incredible ‘protective order’ for her in-house criminal Flynn, granted by her friend City Court Judge Ogden demanded by felony prosecutor McHale last summer, into a total ban of my entering BMHA offices at 300 Perry, whether or not Flynn is present. I was jailed in handcuffs by BMHA Security (& charged with contempt of court by McHale when released on $5000 bail 31 hours later) for talking to TV reporters about the importance of their reporting the scandal at BMHA-owned Marine Drive Apartments at a press conference called by US Attorney Battle in March on the 300 Perry parking lot.

Ogden denied altering the protective order from “stay 100 feet away from Flynn” (who I had not been close to in two years) to “stay away from BMHA property”, then recused herself from my case & disappeared. After repeated requests to Judges Ogden & Amodeo, Police Commissioner Diina & other top law enforcement officials to investigate the altered document, there is finally admission that Ogden’s clerk, after she denied it on the record in court, penciled-in the change resulting in my “felony arrest” (a transparent goal of DA Clark, who has relentlessly prosecuted my watchdog activities, when he assigned a “felony prosecutor” last summer to a case dismissed by Judge Murphy in September 2001, but appealed by Clark 8 months later, in May 2002).

I hold you heavily responsible for this travesty. Despite Flynn’s conviction for criminal tampering in 1994 by City Court Judge Hugh Scott (& ADA Lisa Rodwin), after terrorizing Kader Realty & calling Niagara Mohawk impersonating Kader to have office electricity shut off, you appointed him to two city positions. When I exposed Flynn’s new crime you did nothing, instead re-appointing a housing criminal to the BMHA Board, as the DA relentlessly prosecuted me for exposing Flynn’s crimes. Now a jury of Buffalo residents will squander their civic duty to watch an unscrupled prosecutor try to silence me in blatant perversion of DA Frank Clark’s mandate to prosecute public corruption & white collar crime.

Apparently that is of no concern to you, again proving validity of Buffalo’s “Worst Governed City” ranking when “Governing Journal” studied 35 cities in February 2000. Two weeks ago you told me you would speak to one of my attorneys to learn more about this latest unjust prosecution on behalf of your corrupt appointee.

If you have any concern about a city government which uses politically-appointed Criminal & sociopath to force me to leave Buffalo for my own safety, while urgently need reform of dramatically failed housing policy is unaddressed, you could still keep that promise & speak to Michael Kuzma, Esq. And, perhaps, urge Clark & Franczyk to end this travesty.

Urgently, Richard Kern, MSW; Housing Advocate Mayor Anthony Masiello

Buffalo City Hall

Buffalo, NY 14202 Re: Whistle Blower Trial, August 30

Dear Mayor Masiello:

My costly jury trial before Judge Franczyk & felony prosecutor Michael McHale on Aug. 30 is a dramatic effort to silence my longtime role as City Hall watchdog, exposing public misconduct. As you must know, in early 2001 I exposed the Parlato-style FHA scam of Realtor Charlie Flynn, while he was County Independence Party Chair, as well as both your politically-appointed City Residency Officer & BMHA Commissioner. It should have been a major scandal for a party chairman & your city housing official overseeing $10’s of HUD millions at the city’s housing authority to steal from HUD.

But instead, there was a massive cover-up by many top government officials & I have been relentlessly prosecuted since mid-2001 on blatantly false & perjured charges by a District Attorney who never investigated Flynn’s crime, compounded by Flynn’s repeated perjury and anonymous slander to cover-up his crimes, suffered by many who have challenged a well documented sociopath, recently including Eva Hassett & Matthew Brown, two of your top staff.

As you also know, I have long been a critic of waste & corruption at BMHA, where less than 10% of Buffalo’s poor leverage destructive expenditure of well over half of the city’s poverty housing resources into developer profits & a swollen highly paid BMHA staff of 350, as scores of poor neighborhoods are in precipitous decline.