None Dare Call It Murder

by Kerry Lutz
Financial Survival Network

Dear Readers,

New York Penal Code S125.00 defines homicide as follows:

Homicide means conduct which causes the death of a person … criminally negligent homicide… S125.10 …A person is guilty of criminally negligent homicide when, with criminal negligence, he causes the death of another person.

S15.05 Culpability; definitions of culpable mental states.

Paragraph 4 defines “Criminal negligence.” A person acts with criminal negligence with respect to a result or to a circumstance described by a statute defining an offense when he fails to perceive a substantial and unjustifiable risk that such result will occur or that such circumstance exists (emphasis added). The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation (again emphasis added).

The truth has now come out. At least 1700+ of New York State’s most vulnerable citizens have died as a direct result of Governor Andrew Cuomo’s State Health Department’s edict that “[nursing homes] are prohibited from requiring a hospitalized resident who is determined medically stable to be tested for COVID-19 prior to admission or readmission.”

Since the pandemic began, it has been general knowledge that elderly people with comorbidities are extremely susceptible to Covid 19 and had much higher death rates. China, Italy, Spain and other countries that preceded the US outbreak established this fact. Nursing home residents are most likely to have multiple comorbidities.

The first major US outbreak occurred at the Life Care Center in Kirkland Washington at the end of February. As a result, some 37 elderly passed on. At that time, senior care facilities were declared to be the front lines of the pandemic. Evidently, Messrs. Cuomo and Zucker never took notice.

To deliberately ship actively infected Covid 19 patients to nursing homes, senior care and assisted living facilities was nothing short of a death sentence to the helpless residents. Over the years, we’ve seen numerous nursing home scandals in New York, concerning often dreadful conditions present there. While most New Yorkers weren’t alive or have forgotten the notorious chambers of horrors operated by nursing home exploiter Bernard Bergman, some of us still do. Such operators still exist and are an outgrowth of New York’s insane Medicaid program, which pays the costs of many nursing home residents.

Governor Cuomo and his State Health Commissioner have some splaining to do. Are they guilty of criminally negligent homicide? A look at the statute above states that “a person is guilty of criminally negligent homicide when, with criminal negligence, he causes the death of another person. What is criminal negligence? Again, we look to the statute. Criminal negligence is defined by New York law as “…when he fails to perceive a substantial and unjustifiable risk that such result will occur or that such circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation (emphasis added).

It seems obvious that Cuomo and his appointee Howard A. Zucker MD, JD (he was admitted to the bar in 2019) failed to perceive or more probably ignored the risk that would occur by dumping Covid 19 infected patients to nursing homes. No person who watched a newscast in the past 3 months could be oblivious to the deaths that were certain to occur. And it is also clear that the nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.

Now many would argue that Governor Cuomo is clearly an unreasonable person, but not in the context of the law. The reasonable man is one who’s actions are considered reasonable under the circumstances. Giving Cuomo and Zucker as much leeway as possible and understanding that this was an unprecedented emergency in our nation and New York State, was it reasonable to issue this edict? Many beds in Covid 19 provisional facilities went unused. The HS Comfort served few patients during the crisis. The same for the field hospitals in Central Park and in the Javits Convention Center, which cost millions to construct. In addition, there were thousands of unused hospital beds available in Upstate New York and elsewhere.

Governor Cuomo and Commissioner Zucker must immediately be called upon to account for their actions. Perhaps they have a reasonable explanation. Whatever their rationale, lives have been lost and someone has to be held accountable.

Unfortunately, the very same thing happened in multiple states, including Michigan, Pennsylvania, New Jersey, Massachusetts, California (which upon realizing the consequences quickly discontinued the practice). We will refrain from any political observations here.

Federal rules also govern nursing home containment of infectious diseases. The section on preventing infections mandates that the facility must isolate residents when the infection control program determines it is needed to prevent spread of infections; that the facility must prohibit employees with communicable diseases… from direct contact with residents or their food “if direct contact will transmit the disease…” Clearly the states’ mandatory admissions forced nursing homes to ignore these safeguards.

Compelling nursing homes to accept Covid 19 patients without proper equipment, training and disease mitigation steps, was a death sentence to thousands of elderly in New York and around the country. If this isn’t a gross violation of the residents’ constitutional rights, then clearly the document has lost all importance. And where is the US Department of Justice and the FBI who should be investigating this travesty.

Finally, in Pennsylvania Trans Woman Secretary of Health Dr. Rachel Levine removed her mother from a personal care home after ordering nursing homes to accept Covid patients. Clearly this is an indication that the good doctor understood the risks of what she was doing and the vulnerability of the people she was supposed to be protecting. It’s no coincidence that the overwhelming majority of deaths in PA (at least 2400) were in elder care facilities. If this doesn’t warrant an FBI probe, then what does?

Kerry Lutz

5 comments to None Dare Call It Murder

  • joe brewster

    So refreshing to go on a site like FSN and nonchalantly see truth being told
    I don’t even like to turn on the MSM as it’s like watching an audio version of 1984.
    This world wide greatest depression occurring right now is self induced by the greatest hoax in world history as I have called it since early March.
    To repeat, this mirrors Nazi Germany in it’s mind control brainwashing except this is world wide.
    People like Cuomo WILL have to answer for their absurdity.

  • Ivar Plavinskis

    Why stop at Cuomo? The real coulprit here is Dr Fauci and the Gates Foundation.
    They funded the “research” being carried out in West Point and Wuhan to “improve the function” of the Coronavirus. Whether the virus was released intentionally or not no longer matters. They intentionally modified a virus not natural to the human genome, to make it transmissible to humans.
    They had to know that eventually this would get out and cause untold death, the financial ramifications are a side bar to the main event.
    If this was being done to sell vaccines, then it is truly a criminal act of the highest order.
    Humanity will have to deal with their arrogance for the rest of time.

  • tom haan

    Thank you bro for getting this info out there. You have a great perspective backed by FACTS.

  • Cherry Misra

    Long past time to begin holding people accountable for their actions, and thanks for the legal mind at work here.

    @Ivar Plavinskis, you are totally correct. One problem for Bill Gates is that he has had to step out into the light of day and the door closed behind him, with a click. Now we are learning what he has done in the field of vaccines. – but he was always hiding in the shadows. I live in India and had asked people in public health, Was Bill Gates Foundation behind the tests of HPV vaccine on poor Indian girls , some of whom died.? People would always tell me that they would find out and get back to me. Somehow no one ever did. Now we know that Bill was behind the disaster, which he has no excuse for because there have been many deaths from HPV vaccine reported in the U.S. , long before he tried it in India. Next, he apparently headed over to Philippines with a vaccine for dengue, which one researcher had warned about , and the proof of safety was far from ideal, Six hundred philippino kids died from that.At that time, Bill Gates name never came up in media reports. According to Dr. Francis Boyle, his foundation was also behind the disaster in Africa in which Ebola vaccine, turned out to CAUSE Ebola. thousands of deaths there. Bring back laws, bring back truth, bring back rights. Long live FSN

  • me

    All this is my opinion-just for the record. TOO BAD you failed to place CA Newsom in the same category as NY Cuomo. Perhaps the others, as well. There’s a May 6/7 2020 editorial in the Mercury News that gives more recent damning information on what he’s been up to and the tragic toll. 41%, as of the first part of may, of all known covid deaths in CA are from nursing homes and assisted living facilities. I wonder if they’re meeting their goals? The ghouls, I mean. Unfortunately, the author is a little gracious in spots. Voters need to face it who these people are what they put into power and what drives their actions. Don’t think for a minute leftists/Globalists like he, Nancy Pelosi’s nephew, are innocent. Maybe they spent their Thanksgiving family dinner or conference call planning what they would do. Against the will of law enforcement, He’s let criminals out of jail, and it’s no surprise that there’s been relapse. He’s proudly announced some of the plans he has for the state as his good fortune has materialized in this virus. How “perfect”, he can just start the chain reaction and look away. The work gets done for him. The gift that keeps on giving, so to speak. He, too, cut his teeth on the Marxist agenda, and getting rid of the elderly is one known leftist “great” way to lower costs, destroy the memory and history of the past, decrease the population AND because they die of SO many things, just generally, the deaths can be attributed to THE 19 to drive up the covid numbers. This way they can “validate” keeping up the lockdown! Yea! WIN WIN WIN. Also,it gets used to promote cruel fear in some form clear through to the elections and force the issue of mail-in ballots. This will allow democrats to steal any elections. Been their dream for a long time. Handed now to them on a silver platter by way of a virus. Control, padding their pockets, all Agenda 21, agenda 2030 goals. Abortion also works well for them. AND they get a twofer…making money while destroying little ones.

    The fact that ANY Dem governor would think it prudent to order placement of people ill with a communicable disease in a nursing home is suspicious. Decent people don’t do that. WHO would be comfortable risking infection to vulnerable people and staff? A ghoul, perhaps? An imbecile? Early on we knew some of the most vulnerable were above a certain age, those with health conditions. He didn’t? He’s not stupid, evil perhaps, but not stupid. He may try to cover his “mistake” because he wants to run for President in the future, AND he wants to be reelected as governor. But Californians should NEVER forget this, and certainly the rest of the country needs to know who he his.