Letters in Support of Criminal Mayor Ernie Davis

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BRAeE
January 6, 2015
Honorable Paul E. Davison

United States Magistrate Judge
Southern District of New York
United States Courthouse
300 Quarropas Street
White Plains, New York 10601-4150
Dear Judge Davison,
I am W, Franklyn Richardson, Senior Pastor of Grace Baptist Church in Mount Vernon, a 126 year old
congregation of more than 4,000 parishioners, whom I have served for the past 40 years. I am writing you
on this occasion on behalf of a friend and servant leader in this community; Mayor Ernest Davis.
The past 40 years have given me the opportunity to observe and support Mayor Davis as he has served the
people of Mount Vernon in various leadership roles; from Building Commissioner, to County Legislator,
to Mayor. He has been a leading force for good in guiding a very challenging yet promising city. His
imprint can be indelibly seen in the lives of this diverse population, Mayor Davis continues to be
assessable to each segment of this community from the youngest to the oldest; his life has been a catalyst
for development, whether it be affordable housing, housing for seniors, improving schools, youth
program development, improving police and community relations. Moreover, he has been faithful m
exercising the trust the people of Mount Vernon have placed in him.
Beyond his political leadership I have known him to an able visionary architect having placed his skillful
signature on many of the construction projects in the city, including the design of our church in 1988. In
addition I have found him to be a good person. Ernie has a good heart, I know of so many persons he has
helped in there time of crisis; more than a mayor he is a great human being. Based upon my knowledge of
his character, the acts to which he has pleaded guilty are inconsistent with how he has lived his life in this
community.
I th~refore ap_peal to you, your honor, to execute the full extent of your leniency in imposing the sentence.
Senior Pastor
W. FRANKLYN RICHARDSON, SENIOR PASTOR 52 SOUTH SIXTH AVENUE MOUNT VERNON, NY 10550 PHONE: [914) 664-2676 FAX: [914) 664-2833
'l(enneth J. 'l(puc{fes
}f ttomey at Law
December 12, 2015

Hon. Paul E. Davison
Re:
Mayor Ernest D. Davis
Dear Judge Davison,

My name is Kenneth Julius Knuckles, and I am a native of Mount Vernon, New
York. I am a graduate of the University of Michigan's School of Architecture and
Planning, as well as Howard University's School of Law in Washington, D.C. I am
a member of the New York State Bar Association, but have been retired from the
practice of law for several years. Currently, I serve as President and CEO of the
Upper Manhattan Empowerment Zone Development Corporation, an entity whose

mission is to spur economic development in Harlem and northern Manhattan. I
am also Vice Chair of the New York City Planning Commission. I cite these
credentials, as I believe they are relevant to the following sentiments.
I have known Ernie Davis for more than 30 years. As you may be aware,
prior to becoming Mayor of the city of Mount Vernon, Ernie was a highly regarded
practicing architect who designed numerous buildings in Mount Vernon,
including the house of worship to which we both belong. Macedonia Baptist
Church. As one of a rare breed of African American architects, Ernie has been
both a role model and source of inspiration to me, and countless other minority
architecture graduates who sought to find their way in a very challenging
profession. Throughout his distinguished career as an architect, legislator, city
official and finally Mayor, he has always placed his community first, and remained
someone available to render sound advice and encouragement. Without a doubt
my own path in public service as Deputy Bronx Borough President, and former
Commissioner of the NYC Department of General Services, was influenced by
what I saw Ernie accomplish in city government.
As an economic development professional, I also know, firsthand what the

Mayor's vision, passion, and desire to build have meant for our hometown. In my
humble opinion, no Mayor in Mount Vernon's history has done more to bring
about economic vitality and aesthetic improvement, to the city, be it community
facilities, retail development, or quality affordable housing. Most importantly, I
have always known Ernie Davis to be a man of good character and high integrity.
While I do not minimize the circumstances that require this letter, I find them
wholly inconsistent with the traits of the gentlemen I have known over the years.
Accordingly, I respectfully request that you consider this letter in your
determination of an appropriate sanction. Mayor Davis has made a beneficial
difference in the City of Mount Vernon. It is my hope and prayer that his
immeasurable contributions to his city, state, and country, are duly reflected in
your decision.
I thank you for your time.

My name is Cedric M. Belezaire. I am a proud citizen of
Mount Vernon and I reside and work in Mount Vernon.
I have known Mayor Davis for over fifteen years.
Throughout the entire time, I have admired Mayor Davis
for his love and commitment to the city of Mount Vernon
and its residents. Many nights, you can pass by City Hall
and see the lights on in his office as he works late while
most other officials have gone home for the day. Most
politicians only show up for the praise and glory, Mayor
Davis is at every happenings that occur in the city
regardless if it is a crime, a complaint, an accident, an
event or a celebration.
The City Of Mount Vernon has suffered the same
difficulties if not more than its surrounding cities and
towns during the economic downturn of the past decade.
Under Mayor Davis leadership we have continued to
strive and succeed against all odds. This City has come a
long way from the days of drug dealers on street corners,
boarded up and abandon buildings. The famous
3rd
street
corridor is now a flourishing shopping corridor with many

new building for tenants, senior citizens and businesses
alike.
Through all the set back and difficulty he has had to
endure, Mayor Davis has never lost his love and
commitment for the city of Mount Vernon. On the
contrary he has neglected and deprived himself of the
time he needed to attend to his own personal life.
Mayor Davis is good for this City of Mount Vernon
Honorable Judge Paul E. Davison. Please take into
consideration my letter of support of Mayor Davis and all
the good that Mayor Davis has done for the Citizens of
Mount Vernon over the years he have been in office.
None of us are without fault and there are things we
wish we could go back and do differently. However we
are human being and we make mistakes.
Throughout all the years that I have known Mayor Davis
he has never neglected his duty as a Citizen. As the
Mayor of Mount Vernon, he has remained committed to
the Citizens of Mount Vernon and the office of the Mayor

that was entrusted to him. It's a job he takes seriously
and work hard every day to uphold the oats of the office
of the Mayor that he has sworn to upheld.
I stand committed to the truthfulness of the above
information. Everything written herein is true and
correct to the best of my knowledge.
Sincerely
~ \\
V)
/}
Cedric Belezaire
Mount Vernon, NY
Neil DeLuca
Yorktown, NY
December 11, 2014
300 Quorropas Street
White Plains, NY 10601
December 11, 2014
Dear Judge Davison:
I write in support of Mayor Ernie Davis, who is scheduled to be sentenced by the Court in
January of2015.
I know Mayor Davis as both a government colleague and as a friend for over twenty
years, having served as Yonkers City Manager of 1988 - 1991, then as Deputy County
Executive from 1991- 1996. During my tenure I got to know Ernie very well, both as a
County Legislator and as Mayor of Mount Vernon. I can say without hesitation that at all
times and in every way Ernie conducted himself professionally, with integrity and always
with a "Mount Vernon first" agenda. But I have a special story to tell you about that I
hope might give you some insight about the mettle of the man that you might not
otherwise be aware if.
When I retired from government I went back into the housing development business,
specifically the development of affordable housing for first time homeowners. I ran into
then Mayor Davis in a local restaurant and he told me that a Mount Vernon Church group
was trying to build an affordable housing project but was running into problems and he
thought I might have the requisite experience to help them get off the ground.
After some due diligence it became apparent that the Church group, though well
intentioned, had neither the skill-set, nor the financial ability to get the job done. It
turned out that the site, a former gun factory turned crack den, had years of leaking oil
tanks leaching into the soil and needed a NYState DEC approved clean up before any
governmental agencies would agree to help new residents purchase their homes.
I told Mayor Davis about the problem and without missing a beat he told me he expected
that I would put up my own money to clean up the site. If and when that happened he
promised to petition the Planning and Zoning Boards, as well as the Mount Vernon City
Council, to approve the required variances so that the Church group, and I could build the
project we all envisioned. I asked what guarantee I would get that after I cleaned up the
site I would get the required Planning and Zoning approvals I needed. He looked directly
at me, told me that he and I needed to do this to help the City of Mount Vernon and that

2
all he could give me was his personal guarantee as Mayor and as a friend. I readily
accepted and as I extended my hand he instead hugged me and thanked me on behalf of
the citizens of Mount Vernon. That's a true story. And every time I pass the James
Varick Homes, those 16 beautiful two-family homes we built on an acre that was once a
drug den, I am reminded of what happened that day between the Mayor and me and I am
proud of myself for trusting Mayor Davis I am equally proud to call him my friend.
In closing, I thank the Court for this opportunity and I understand that gravity of the
situation before you. I can only hope that this correspondence might shed some light on a
side of Ernie Davis that you might not have previously been aware of. I have had the
distinct honor of getting to know many, many local elected officials during my
government career. None were better, or worked harder for their constituents, than Ernie
Davis.
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Curt Stewart's Desk

New York, New York December 11, 2014
Honorable Paul E. Davidson
Honorable Sir:
I am writing to say to you, that many of us, who have the pleasure of knowing Mayor Ernest Davis,
are trusting and relying upon you to exercise compassion and prudential wisdom in the sentencing of
the Mayor, in the month of January of 2015. I am also respectfully urging you in the strongest terms to
do so Honorable Sir, for the following two reasons:
1) Mayor Davis' history is replete with serving the public, starting out as a young idealistic college
student In the South, where and when he and his peers launched the movement that lead to
the historical dismantling of Jim Crow--freeing our nation of an evil and mean-spirited social
misnomer. But this chapter wouldn't come to a close, before Dr. Martin Luther King, the nation's
Martyr, had been struck down by an assassin's bullet-- causing the heart of Mayor Davis and his
peers to be broken--shattered like broken glass. Starting with this chapter in our history has
Mayor Davis gone on to quietly and gracefully overcome an assortment of social
Obstacles, stacked in his path--to write a very impressive biography, making a remarkable
contributions to the public of Westchester County--becomlng and reigning as Mayor of Mount
Vernon for 12-14 years. Trained as an architect, he put those skills together to conceive,
design, and plan with his staff, projects that would serve as staples and stabilizing pillars
with .which his office used to launch an economic development strategy to hoist many of the
City's low, moderate, and poor citizens up out of the throes of poverty. But like all cities of
Westchester County the staggering economy of the nation, crippled the City's growth,
Substantially complicating the Mayor's reach for the bridge that would allow him to free many of
his people of his City of poverty. While this is true, the Mayor has been very busy and
obsessively preoccupied finding ways and means by which to resurrect and revitalize his
economic development strategy.
2) The second reason the Mayor is deserving of your compassion, and that your prudential wisdom
is needed, has little to do with the Mayor and much to do with young African American males,
who more than any other species among us are in need of our undivided attention. That
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I have observed with my very own eyes see the Mayor dismiss himself of high profile meetings
at his office, stepping out of these meetings to spend a minute or two with many young African
American males-as well as young males of other races and ethnicity, imparting to them some
fatherly advice, encouragement and support, made it very clear to me that when the Mayor
joined the demonstrations in the South, assumed publlc life in the North, becoming Mayor of
Mount Vernon, he did so because he truly cares about people.
In closing this letter, let me say that the Mayor has made enormous contribution to not only
Westchester County but to our nation. Like so many other freedom fighters of the South, he put his life
on the line when he joined the civil right movement. He could have very easily after graduating college,
receiving an architect degree, gone down town in New York City, joined a mega-architectural firm and
accrued millions.
But the Mayor who knows of personal suffering, chose to go into public life, and to serve the
people--particularly those who still remain on the periphery of the mainstream of our society. This is
why these young African Americans feel comfortably, walking into his office at random, seeking his help
and guidance. They know him, they trust him; they are In need of him. This particular era to say the least
Honorable Sir, are some sensitive and fragile times for young African American males. Incarcerating the
Mayor, stripping them of the one person In office they feel comfortable in turning to in times of need,
would be a far bigger punishment to them than to the Mayor.
Finally, whatever the mistake the Mayor has made, whatever his shortcoming is in this ordeal, you
can be assured he has done a lot of soul searching--becoming stronger and far more stiffened in his
resolved to go on to serve the public. In his endeavor to do so, most assuredly he's going to challenge
our young African Americans, more so than ever, to walk down this path with him-becoming public
servants and serving soclety--as opposed to engaging in the subcultural vices and other trappings that
ultimately erode their esteem, constructive ambitions and-ultimately landing them behind bars. These
young African Americans need the Mayor to continue to guide them. It Is the best sentence you can in
the best interest of society give him and the best gift you can bestow upon young African American
males--clearly the most endangered species in our society today.
I want to thank you Honorable Sir, for your indulgence and consideration of my letter.
-2-
FERRANDINO & ASSOCIATES INC.

PLANNING AND DEVELOPMENT CONSULTANTS
December 8, 2014
Re: United States of America v. Ernest Davis
Dear Judge Davison:

I am writing this letter of support for Ernest Davis whom I have known since 1977 as a friend and colleague
in my capacity initially as the Commissioner of Planning and Community Development for the City of Mount
Vernon (1977-1985) and more recently as a planning consultant to the City of Mount Vernon on a number
of projects. I am also a resident of Mount Vernon .
My firm, Ferrandino & Associates Inc. Planning and Development Consultants, based in Elmsford, NY, is a
multi-disciplinary planning firm representing both public and private sector clients throughout the tri state
region. In Westchester County alone, we have represented or appeared before public boards in
approximately 38 of the County's 45 municipalities. See our web site -- www.faplanners.com -- for
additional information on the firm and our diverse clientele. Prior to forming my firm, I served as planning
director for several New York State municipalities, including the Cities of Mount Vernon and Peekskill and
the Town of Greenburgh.
I initially met Mr. Davis in 1977 when we both served as commissioners in a then new administration in
Mount Vernon, Mr. Davis as Building Commissioner and myself as Planning Commissioner. We both
possessed professional backgrounds and we worked very closely at that time to begin Mount Vernon's
revitalization. Upon leaving the City's employ and starting my own consulting firm in 1985, we remained in
touch as friends and colleagues and, when he was elected Mayor, I continued to work as a consultant to
the City. We remain the City's planning consultants for a number of the projects spearheaded by Mr. Davis,
in his capacity as Mayor,
I have known Mr. Davis to be an honest, forthright and caring person always with the interest of Mount
Vernon, his adopted City, at heart. He is thoughtful, intelligent, creative, deliberative and well meaning.
People are naturally drawn to him as a person and he is well liked and respected as Mayor for many years.
In many ways, he is a visionary, undaunted by obstacles which would deter others. In my professional
dealings with him, he has always been fair. Personally, we have remained friends for a very long time.
TARRY ELM BUSINESS CENTER THREE WEST MAIN STREET ELMSFORD, NEW YORK 10523 (914) 345-5820 FAX (914) 517-2521
Based upon my dealings with Mr. Davis I can unequivocally say that the acts to which he has pleaded guilty
are inconsistent with his prior history or character as I know it. I would vouch for him, without question. I
firmly believe that, if anyone deserves the benefit of the doubt and a second chance to contribute his talents
to society, it is Mr. Davis. I sincerely hope you will take all of this into account in your sentencing
deliberations.
::;~2
Vince Ferrandino, AICP
Principal
TARRY ELM BUSINESS CENTER THREE WEST MAIN STREET ELMSFORD, NEW YORK 10523 (914) 345-5820 FAX (914) 517-2521
i::: ~::J:oucATIONAL
L.. V lnooucnoNs, 1Nc.
MEDIA SPECIALISTS/ CONSULTANTS
615 7th Stteet NE, Unit 2,

Washington, DC 20002
400 Convent Avenue, #21
New York, NY 10031
212-281-2456
10 December 2014
Honorable Paul F. Davison
Dear Judge Davison:
As a long-time Broadcast Journalist (ABC Network TV News 1969-1988) and an Independent
Documentarian/Media Consultant (1988 to the present), I've been blessed with the opportunity
to cover breaking local, national/international news stories, many in-depth, across-the-board
issues (socio-economic, education, health, racial, judicial, military, etc.) and any number of
individuals. Of those myriad individuals, the ones I've been most gratified to have interacted
with in those 45 years have been those who consciously tried to make a positive difference in
the lives of others. Ernie Davis has always been that kind of an individual.
I met him in the late 1970s after moving to Mt. Vernon while still working for ABC News.
Over the years I've seen his unstinting efforts to improve not just the physical structure of the
City of Mt. Vernon, but also the socio-economic conditions (and thus the personal lives) of the
City's residents, first as a Legislator, then later as Mayor.
I established my own production companies in Mt. Vernon in the late 1980s. Part of our mission
was to provide exposure and hands-on training for young people in the area, and a number of
the Mt. Vernon High students benefited from that interaction and exposure. In the mid-to-late1990' s, after we'd completed a high-profile video documentary project (the multi-award
winning "Then I'll Be Free To Travel Home") Mayor Davis, a long-time advocate of providing
opportunities for youth, facilitated our collaboration with the Board of Ed to have the
Westchester County Premiere of the documentary be hosted at Mt. Vernon High. Just his way
of making sure the community and the students who's work was being seen in that documentary
would share in the positive feedback and accolades resulting from their own and others' hardwork and creativity in a major, professional production.
Whether in elected office or not, even when I was no longer Mt. Vernon-based, he always made
it a point to invite me onto his Radio Show because the cultural, historical, or current events and
issues of my radio and/or video documentaries were things he felt his local
constituency/audience should hear, know and discuss-especially the young people. Again,
always a concern for the well-being and enlightenment of others.
I'm now running an all-volunteer youth/community outreach Media Center in Mt. Vernon. And
where did the Mayor want it set-up? \\'here else but the more distressed, under-served South
side of the City, where it's needed most. At his request, we've headquartered it at the Doles
Community Center, which he is slowly but surely revitalizing, hopefully with our help, for the
benefit of that part of the City.
I've now hit 75 years on this planet (as of). 45 of those years as
Journalist/Documentarian/Media Consultant, almost 8 of them as a Regular Officer, United
States Air Force (Commission resigned honorably). Just about all of them I've also spent trying
to make a positive difference. Over much of those years I've learned to spot the genuine article,
the stand-up folks, as well as the phonies. I've also learned that we all make mistakes,
sometimes inadvertently, sometimes consciously. But I believe we are all the sum of everything
we do, all the good, all the bad, all the indifferent, hopefully not just the worst thing we've
done, or our last mistake. I believe Ernie Davis is the genuine article: a man with a good heart
who tries to do right by and for people, and is a lot more than the mistake he made. I sincerely
hope you'll take that into consideration.
My thanks for taking the time to read this.
Eric V. Tait, r.
President/Founder
www.evted.org
November 28, 2014

Honorable Paul E. Davidson
Dear Judge Davidson:
My name is Thomas Terry and I am a friend and colleague of Mayor Ernest D. Davis. As such, I
am writing this letter on his behalf, which I hope will be considered with regard to sentencing.
I have known Mayor Davis since 1985. In that time, I have found Ernie to have a passion for all
people, but particularly the youth and the elderly, as well as the City of Mount Vernon, as a
whole.
Ernie's ties to Mount Vernon are not solely political; he has played an integral part in the
structural redevelopment of Mount Vernon, New York. His architectural background was
instrumental in developing senior citizen housing developments, as well as the designs for both
the Mt. Zion Baptist Church, as well as Macedonia Baptist Church, where Mayor Davis is a
long-standing member.
In honoring and celebrating the spirit of diversity and community, Mayor Davis has been
instrumental in sponsoring the Arts on Third Street Festival, which has led to a redevelopment of
the Third Street corridor, as well as the Summer Breeze Concert Series, which is designed to
celebrate the rich heritage and multi-faceted roots of the people of Mount Vernon.
On a personal note, Mayor Davis presents himself as a devoted husband, father and grandfather.
Additionally, he attended my mother's 85th and 90th birthday celebrations, not as 'mayor,' but
rather as a friend.
Ultimately, although I realize that Ernie pied guilty, it is my earnest hope that the long - standing
legacy of passion, devotion and commitment Ernie has shown to his family, friends and the
community of Mount Vernon, will be factored into consideration with regard to the type of
sentence imposed.
Thank you, in advance, for your consideration.
Sincerely,
r:~L;J~
Thomas L. Terry
BRAeE
January 6, 2015

Dear Judge Davison,
I am W, Franklyn Richardson, Senior Pastor of Grace Baptist Church in Mount Vernon, a 126 year old
congregation of more than 4,000 parishioners, whom I have served for the past 40 years. I am writing you
on this occasion on behalf of a friend and servant leader in this community; Mayor Ernest Davis.
The past 40 years have given me the opportunity to observe and support Mayor Davis as he has served the
people of Mount Vernon in various leadership roles; from Building Commissioner, to County Legislator,
to Mayor. He has been a leading force for good in guiding a very challenging yet promising city. His
imprint can be indelibly seen in the lives of this diverse population, Mayor Davis continues to be
assessable to each segment of this community from the youngest to the oldest; his life has been a catalyst
for development, whether it be affordable housing, housing for seniors, improving schools, youth
program development, improving police and community relations. Moreover, he has been faithful m
exercising the trust the people of Mount Vernon have placed in him.
Beyond his political leadership I have known him to an able visionary architect having placed his skillful
signature on many of the construction projects in the city, including the design of our church in 1988. In
addition I have found him to be a good person. Ernie has a good heart, I know of so many persons he has
helped in there time of crisis; more than a mayor he is a great human being. Based upon my knowledge of
his character, the acts to which he has pleaded guilty are inconsistent with how he has lived his life in this
community.
I th~refore ap_peal to you, your honor, to execute the full extent of your leniency in imposing the sentence.
Senior Pastor
W. FRANKLYN RICHARDSON, SENIOR PASTOR 52 SOUTH SIXTH AVENUE MOUNT VERNON, NY 10550 PHONE: [914) 664-2676 FAX: [914) 664-2833
J. Yuhanna Edwards
December 15, 2014

Dear Judge Davison:
I met Ernie Davis back in 1976 when I moved into Mount Vernon. I was a young man with a young family in
a new community and took a liking to this man. He was involved in community affairs and knowledgeable of
the political arena, things I too wanted to become more active in. He would become my mentor.
Ernie helped me and my wife in organize what would become the longest running youth football league in
the city of Mount Vernon, serving countless youth, many of whom have gone on to become successful
adults. When the Mayor entered into politics, first as Westchester County Legislator and then as mayor, I
was there supporting him. When he gave me a position as Commissioner of Recreation, I took this
opportunity to service the youth of the city under his leadership. As sometimes happens, there came a time
when we did not see eye to eye and we parted ways. I left employment, retiring from my position and
considered entering the political arena.
Today I serve as a City Councilman for the City of Mount Vernon, the same community that Mayor Ernest
Davis leads. Through the years we have both worked with one objective in mind; to do the best we can for
our city, working together to make Mount Vernon better. As colleagues we share similar ideologies when it
comes to working for community.
Despite some differences I believe Ernie Davis, my fraternity and lodge brother, is an asset to the Mount
Vernon community. He has done much to improve the city and in my estimation, is capable of contributing
so much more at a time when this community needs his help.
I ask that you consider the service he has provided to this community and the service he still can perform
when sentencing on January 26, 2015.
Thank you for your consideration.
I am respectfully,
?-J.;uh~;w::
.0
..,f
~Jc
Il l
WHITNEY MEDIA
WILLIAM O'SHAUGHNFSSY
President ft Editorial Director

Charles L Brieant United States Courthouse
White Plains, NY 10601
December 1, 2014
Dear Judge Davison:

I write to beg leniency for Mayor Ernie Davis.
As a community broadcaster in Westchester for more than SO
years, I've made my living with Words (in my case usually
awkwardly, imprecisely and inartfully). How then do I find the
proper words to tell Your Honor of my great regard for Mayor
Davis, personally and professionally.
During the five decades I've been privileged to serve as the
permittee of the last locally-owned and operated independent
community radio stations in the area ... I've encountered all
manner of public servants ... some of great worth and merit
like Mario Cuomo, Nelson Rockefeller, Hamilton Fish, Malcolm
Wilson, Pat Moynihan, Jack Javits and here in Westchester the
estimable Nita Lowey, Alvin Ruskin, Steve Tenore, Herman
Geist, Sam Fredman, Rob Astorino, John Cahill, Paul Feiner,
Tony Colavita, Sr. and George Latimer. Others, too numerous
to mention, were less than stellar.
And as the editorial director of WVOX and WVIP, I've
constantly observed, with great sadness, that men and women
of real quality will not submit to the rigors of public service.
But there are exceptions like Ernie Davis.
He is a politician, Judge, the way the men of our father's time
imagined them to be and I hope the innate goodness and
decency we've observed in Mayor Davis will be considered in
the matter before you.
->
I have not been importuned to write by Mayor Davis or by Mr.

Temkin. As I do, I also want Your Honor to know of my very
real admiration for the work of the U.S. Attorney's Office in our
area, which cleaned up Yonkers and has effectively and
properly prosecuted some real miscreants and swashbucklers
and removed them from the body politic.
But this is about Ernie Davis and I believe him to be an
eminently decent and well-intentioned public servant. So much
so that we have for many years offered him a weekly hour-long
platform on WVOX "Conversations With The Mayor." Week
after week for almost 18 years he has used that podium to
build up the land-locked, beleaguered and often misunderstood
City of Mount Vernon and to make it stronger, better and, to
use Mario Cuomo's favorite appellation, even "sweeter" than it
is.
On the Radio - and out on the streets - I have heard him
dispense messages of hope and encouragement to calm the
furor among the young people in his community with his
gentle, soft-spoken southern drawl.
Following the Mayor's broadcasts, Judge ... I've had wonderful
talks with the man ... far-ranging discussions about solving the
problems of a city often in cr1s1s. I've seen him shed actual
tears - on the air in the radio studio and later, after his
program, in my office.
As Your Honor knows, there are two major courthouses in
White Plains.
One named for the late Federal Judge Dick
Daronco ... and the other, in which you preside, for Judge
Charles Brieant, of sainted memory.
During my 76 years, I was privileged to know both jurists. Dick
Daronco, like Mayor Davis, had a show on our community radio
stations, and I was honored to introduce him to Senator Al
D'Amato who recommended him to President Reagan for his
Federal judgeship. And over the years, we worked very closely
with wonderfully bright Charlie Brieant on First Amendment
and Free Speech matters.
->
][WVOX][
Broadcasting First Amendment Advocacy Publishing

Communication Strategies Government Relations
WYIP
03.Hll
One Broadcast Forum New Rochelle New York 10801 Phone: 9 14-636-1460 Fax: 914-636-2900 Web: wvox.com
I mention all this, Judge Davison, only by way of assuring you I

would have made the exact same representations to Dick
Daronco and Charlie Brieant on behalf of Ernie Davis.
Over the years I've said publicly what I'm attempting to convey
to Your Honor and I'm attaching only a few of our station's
pronouncements and editorials about Mayor Davis and some of
his own remarks.
There are a lot of characters and selfish "Takers" abroad in the
land in the body politic. And then, occasionally, we encounter
an Ernie Davis who wants only to assist, to assist, to assist.
The City of Mount Vernon is a beat-up, run-down town. But it
would be much worse without Ernie Davis to inspire, enlighten
and guide it. To put it more succinctly, I think he's real. I
believe he is of good heart and I pray that his many qualities
will far outweigh any mistakes or errors which he may have
acknowledged. I thus send this plea on his behalf.
I was surprised, Your Honor, to read in the public press that
confinement or incarceration for Mayor Davis is even on the

table or at issue in this case because I have a really hard time
at the thought of this nice man being locked up.
As you weigh his fate, Judge Davison, I hope he will be
permitted to continue to serve the people who admire him as
we do.
He's a very good man ...
Yours,
13.:i..,_
0 ' $ ..~-, ......,.......,
William O'Shaughnessy
President & Editorial Director
wfo@wvox.com
914-235-3279
][WVOX][
Broadcasting ~ First Amendment Advocacy ~ Publishing

Communication Strategies ~ Government Relations
WYIP
93.HM
One Broadcast Forum New Rochelle New York 10801 Phone: 914-636-1460 Fax: 914-636-2900 Web: wvox.com
-1Jeffrey Shah Holliday
Mount Vernon, New York -
December 5, 2014

Southern District ofNew York
Dear Judge Paul E. Davison:
My name is Jeffrey Shah Holliday. I would like to express myself as well as I can about a
man who I look at as a father figure to me. I've known Ernie Davis since 1981. Throughout the
year I would always hear nothing but good things about him and how he helped a Jot of people
with a caring spirit.
It wasn't until the 2000 era when I really started acknowledging him as Mayor. I always
Mayor Ernie Davis showed

me hope. I changed my life and through that I changed the life of others.
The Mayor has made a difference in my life. It's not what he can do for me, it what he
has done for me. He believed in me and made me believe in myself and loyalty is owed to a man
I feel saved my life.
Thank you for reading what I wrote about a wonderful man, Mayor Ernie D. Davis.
...

United States Court House
Dear Judge Davison,
My name is Chris Pierro, I was born and raised in the village ofPort Chester, New York.
I am one of nine children and the son offormer Port Chester Village Justice and former
Westchester County Legislator of the Sixth District Dominick D. Pierro Esq.
Dad was also a practicing lawyer for nearly 50 years in Port Chester and was highly respected by
both his peers and constituents alike. In May of 1990, my dad helped me secure my first job with
First American Title Insurance Corporation of New York. He thought that my experiences working
for a title company might lead me to law school and a career in the law. I'm certain that he had
hopes ofmyfollowing in his footsteps and ! unfortunately did not.
On May 2l 1982 my dad was appointed to the County Board ofLegislators to fill the unexpired
term ofJohn L. Messina whom passed away. It was on that day that I met Ernie Davis for the first
time. Ernie was not only kind, courteous, gregarious and accommodating, in the eyes ofa 27year
old aspiring businessman Ernie Davis was the King of cool. He spoke well, he dressed well, in fact
Ernie was the epitome of sartorial splendor. He was afforded in no small measure the character
trait critical to any successor political career, he had been possession of the common touch,
everyone seemed to love Ernie!
Ernie treated me and my eight brothers and sisters like we were royalty. It mattered not to Ernie
that he and my dad were on opposite sides ofthe political aisle. What mattered most to Ernie is
that he treated every individual he encountered with dignity and respect. Ernie was just a kind man
and he demonstrated that every waking moment.
Ernie inherently knew that there were certain and distinct advantages in life for being kind.
Courteous, and positive with other individuals he encountered during the course ofany given day.
It came to him naturally, almost like he had a knowing that the universe paid offbig dividends for
those that had the best interests ofothers at heart. It was just his way.
Anytime 1 had gone to Ernie about either a business lead or need for an introduction to someone
he would always try to help me. According to my dad it was the ~ame way with him. Whether it
was in connection with a legal matter, dad was handling over Mount Vernon on beha?fofone of
his clients, or whether it was something pertaining to his legislative duties, Ernie could not have
been more accommodating.
Two years ago I called on Ernie to have some lunch, 1 hadn't seen him in years, not only did ! get
the luncheon right away with Ernie, who runs the second or third largest city in Westchester
County, he spoke with me for about an hour and a half
.....
My father said to me "Ernie Davis was a class act and a man who's word you can
take to the bank"
Judge Davison I don't know specifically the crime Ernie Davis committed and/or pleaded guilty to
but I do know this, incarcerating a man like this would do a grave disservice to his family, his
friends and to the constituents he serves.
Simply put we need men like Ernie Davis out in the streets everyday, solely for reasons that they
are predisposed to helping others and inspiring them as well.
Your Honor, for the foregoing reasons sparing Ernie Davis the indignity ofjail time will certainly
do the world more good than harm.
Chris Pierro
Love Holds Life, Inc.

P.O. Box 71
Wappingers Falls, NY 12590
Richard u loveholdslife.org
917.807.0692 (C)
845.896.0726(W}
www .LoveHoldsLife.org
December 3. 2014
Dear Judge Davison,
I would like to introduce myself formally to you. My name is Richard J. Senato, born to the parents of
Theresa Ann Senato and Richard J. Cyr, on
, 1985, in Tarrytown, NY. The purpose of my
letter is to express my experience and relationship that I have had the honor to develop with my dear
friend Mayor Ernest Davis, of Mount Vernon, New York.
Almost three years ago, I was introduced to
having a background in marketing and involvement in local non-profits, I felt confident to follow God's
calling to take on the responsibility to help this family along with others to come. To do this, I formed
Love Holds Life Children's Foundation (LHL), a non-profit organization that raises funds to help
families like the pay their medical bills incurred because of their child's cancer. Because of
this path I chose to accept, I had the opportunity to meet and begin to work with Mayor Davis and his
city.
J:9
On September 2013, LHL sponsored its eighth child, ~

~'a 14-year-old young lady
diagnosed with Stage 4 Done Cancer who lives in the city of Mount Vernon. Soon after hearing about
~,a child living in Mayor Davis's community, the Mayor immediately informed me that all l had to
do was ask him ifthere was anything his office or he could do to ensure the wellbeing of ~.
I have had the opportunity to work with mayors throughout New York, and Mayor Davis has always
been a man to stand by his word and never let me or LHL down. On Father's Day he put time aside and
came to visit two of our families at a picnic LHL held to benefit the children in Westchester County
battling cancer. I consider Mayor Davis a very close friend and mentor. He has inspired me not to give
up on the path God chose for me when the going gets tough. He is a man of strong faith, integrity;
courage, and wisdom whom I have the highest respect.
Having said all this, I write this to ask you to understand and know that there are both good and bad
people who make mistakes; however, Mayor Davis is one of the good guys!
,,,,
~
Richard J. Senato
Founder/CEO
C.c. Chief Judge Loretta A Prcska

To donate or learn about the children we support, please visit www.loveholdslife.org.
licbrcw 1'Jsraclitc ([.ungrcgntiott

.l-lon1.wabk Paul F. Davison
l Jnittd States. \ilaQ.istratc .fud!lc
Southern Distri1...:t o f Nev\ '{ork
l Jnit<.:d Stat~s Courthouse
300 Quarropa~ Street
...........
\..I"
\Vhitc Plains. N~w York 10601-.:+ 150

Dear Jud2c
.... Davison .
l :.uu Rahbi Nathanyah 1lalevi ~ an ordained Rahbi and former resident of iV1t.
VtTn on ~ N. ~,; . I was born=raised, schooled and work~d a good portion ormy lik
in !v1t. Vernon befr>re relo<.:ating to Chana~ \Vest Africa when:: I (;t1rrcntly reside.
r was the Co fi.mnder and Ist President of Bereshilh Cultural Institute Inc . \vhich
provick:d ~crviccs Lo frnnilies and the community in PrL:-sd1nol Primary grnd<:
school and family sen ices as well as the spiritual lcadt:r or Lhc A fric.:a.n 1iebrcw
Community of \V c-stche~tcr.
1
\~i hen
rc~idcnt
in Mt. Vt!mon I v.ias able to play a major rok in the k>cai

sch '01 T3oard ~Aulti cultural education initiative. I wa~ also instrumenlal in
being the principle organizer of' community num.:.ht:s ugainst str~ct violence and
druQ.s in rvtt. Ven1on. Durinc this time. tvlavor Davis was a Countv J eRi s1ator
and was always supportive and acc.cssiblc for community bust:d involvement in
solving
._, probkms .
,,,_,,.
1 was a
"'-,*
c1
"'-
tv1y relationship with rvtayor Davis preceded his political ~,:arcer. in fact \Yhen he
ran for his first lt:nn as Countv., Legislator.
mv. familv and I was the first tl)
,_
support him and invited him to our home to introduce him to our South Sid~
..;
neighhors as a diftitlcrcnt politician who cares for grassroots common people

who n~edcd our support.
Aftt;r ~:l:lvor
I>av is ran and served succcssfullv.,, ror several terms as a lc2islature .
...,
I was among those \\ho petitioned him to return to f\1t. Vernon and run for
\ tayor. This was mainly because Jvtayor I)av is proved during his lenure in
office thar he always had an ~ar and eye for the less privileged in society and
ofhm made their cause hb cause. He \Vas touchable.. he. was acccssibk' and manv
of us s~nv ourselves in hin1 and his basic human kindness and understanding
things in a simple manner. f\1y whole family has been privileged and proud to
work on every one. of his carnpaigns. ,I even rdun1ed fron1 Ghana \Vc-;t Africa to
work un hi$ re-dection and(() stand alongside of him in his time of troubk and
chalk1rn:e
.._,, .
~
'-
I huvc nol only known tvl.ayor Davis the Politian but I have known .f\.1ayor Davis
the man for over 30 years. I know his fomily and he knows mine. I have hosr1:d.
him and other cit.y officials in my home in Ghana: \Vest Africa. I' ve seen him
bonding with the children of villa~.~J:S in Africa with the same consistencv
. and
concern that he has bon<l~d with the young and old: poor and privileged wilhlrnt
race or gcndc.r pn.~j udicc in f\1t. Vernon and \.Vcstchcstcr.
I le was responsihlc for estahlishin!!

a Sisler Cilv
relationship with Fl: mina in
.....
"
(ihana one or the oldest townships in \\\:st Africa on the Gulf of Guinea where .
the fin:>t slave duru2eon
was built in \Vest. Africa \:vh ich was where mHlions of
....,
enslaved Africans were shipped LO the new world which arc also the ancestors
'
of f\1avor
Davis.
'
I huvc no doubt that you will have many rel~ren(.;CS from different supporters as
character \Yitnesses to the person of tvfayor Davis so l will not over burden your
Honor with l0ng \:vords to make the single point of asking !<x the Court to sl10\\
mercy and leniency on someone who has literally gin~.n his Ii fc and ':.nul to
serving the interest of others \?ttith love. kindness and compassion.
ivlayor D avis has oHen been <.:riticiz~d for employing former (;Onvictl:d
criminals bul he believes in the possibility of human redemption and knows
justice without mt!rcy can sometimes be as imbalanced as no justkc at all.
As a man of G-D I am often called upon for the souls of man and in each occasion
when petitioning or appealing to the Most High it is always on the side of mercy
that I position and direct my appeal.
I therefore appeal to the Most High Court and the humanity of your i1onor that in
dispensing of justice that it may be tampered with mercy.
Thank you very much for your anticipated corporation and understar-ding.
Rabbi Kohain Nathanyah Halevi
DANIEL A. AMICUCCI
Armonk, N.Y. -
Dear Judge Davison,

My name is Dan Amicucci. I am a Westchester-based Developer and General Contractor. I own multiple
properties across Westchester County including many in Mt. Vernon. I was born and raised in Yonkers
and now reside in Armonk with my wife of 32 years. I have 2 grown children.
I met Ernie while he was serving his 2d term, 11 eleven years ago, as Mayor for the City of Mt. Vernon.
My early encounters with the Mayor were primarily general conversation about the City of Mt. Vernon
i.e. taxes, schools, Re-development of certain parts of the city, outreach programs... issues affecting Mt.
Vernon both in a positive and negative manner. As a large property owner and developer, I am
particularly interested in a politician's agenda and character, both of which could affect my investments.
As the years passed, our relationship evolved into one where we would share our thoughts on not only
Mt. Vernon, but also various topics including our family, upbringing, past career paths, society etc. These
conversations put the politician aside and brought the man to life.
Ernie has a deep passion for helping the less fortunate. He takes his responsibility as Mayor very
seriously and loves the City and the people he serves. In every instance, he would make certain that the
City of Mt. Vernon and its residents took precedent over all. He is the people's Mayor and regularly
attends the many street fairs, block parties, school events, and BBQ's, to name a few, to keep in touch
and show the people who he leads that he is there for them.
I have mixed feelings and sadd~:med by his actions. I am confused because his actions are totally
inconsistent with the man I have come to know. I pray that you would take my letter into consideration
at time of sentencing and look favorably upon his past accomplishments and civic duty.
Yours truly,
41-~
Michael J. Zarrilli
Yonkers, NY -
December 01, 2014

White Plains, New York
Dear Judge Davison,
My name is Michael Zarrilli, I am a lifelong resident of the City of Mount Vernon and a
retired Police Lieutenant who was employed in the City for Twenty Years. I have known
Mr. Ernest D. Davis for over Twenty Years.
I felt compelled to write this letter on behalf of Mr. Davis in light of his guilty plea, due
to the fact that I believe Mr. Davis's conduct is inconsistent with his prior history and
character.
I have always known Mr. Davis to be an honest, ethical and morally good person who
consistently had sound judgment.
As a young man and throughout my career, I personally witnessed Mr. Davis while acting
in the capacity of Mayor of the City Mount Vernon, work tirelessly to improve the
quality of life of countless citizens living within the City, which has a population of over
80,000.
During my tenure with the Police Department, I also observed Mr. Davis provide these
citizens with many employment, educational and recreational opportunities through
innovative social programs.
Mr. Davis has also helped many individuals who had lost their way in life, rehabilitate
themselves, and subsequently become productive members of the community.
Mr. Davis has always been a kind, caring and compassionate person during the time that
I've known him
, Mr. Davis provided me with much needed support in the form
I respectfully request that you may take this letter into consideration in imposing sentence
and implore you to temper justice with leniency. It is my humble opinion that Mr. Davis
has many redeeming qualities that will ultimately serve many individuals well.
'
Michael J Zarrilli
'
SHARI
L.
HARRIS
November 26, 2014

My introduction to public service was in 1978. During my first month I had occasion to meet one
Buildings Commissioner who would have an impact on my life and become a trusted acquaintance
and friend, the mayor and my boss. Today I am employed as Special Assistant to Mayor Ernest D.
Davis.
Through the years I have observed a consistency in motivation with Mayor Davis; one driven by life
experience and commitment to doing that which is in the best interest of all segments of the Mount
Vernon community. It was to my surprise some years ago that I realized Mayor Davis had been laying
the groundwork for the city's future even before our first meeting. While he did not take credit for
things he had done, others did and to this day he has never fought to correct the record. It was
because of this character trait coupled with his determination in the face of naysayers and distraction
that I committed myself to service with him; an endeavor that would disclose his courage and ability
to stay focused throughout the days, nights and years that followed
I, more than most, see a man daily who cares deeply about this community. I have seen the sacrifice,
the joys and pains of service. Whether attending weddings, funerals, birthday parties and even scenes
of tragedy, his priority is the people. Mayor Davis shies from no situation that requires advocacy and
leadership. He distributes hugs like others do unsolicited opinion and because of his approachability
and truthfulness; he is respected across racial, economic and cultural lines.
When one gives of himself as much as Mayor Davis most often what gets neglected is one's own
personal obligations and sometimes even personal happiness. He is an honest man of great integrity
who only managed to hurt himself while helping others.

November 26, 2014
Page 2.
While I know the Mayor has settled his debts but must still stand before you for sentencing, have no
doubt, this personal problem has greatly impacted him. In spite of this, he has continued in service to
the people with the same drive he has always had because the concerns of people continue to be a
priority. As he often says, we are inextricably intertwined, as human beings and men and women of
communal existence. Mayor Ernest Davis conducts his affairs daily with this belief in mind.
I can only hope that you will consider the full body of work of this honest man when sentencing him
in anuary, 2015.
Jmount ~ernon ~eigbts QCongregational QCburcb

(United Church of Christ)
South Columbus and Beekman Avenues
Mount Vernon, New York, 10553
Rev. Troy P. DeCohen, Pastor
Phone: (914) 699-1167
Cell: (917) 412-5804
Church Office
258 South Columbus Avenue
Mount Vernon, New York 10553
(914) 668-7987
www.mtvhcc.org
Rev. Marian P. Buckman, Assistant Pastor

Phone: (718) 525-5819
Cell: (917) 453-6952
12/16/14
White Plains, New York, 10601
Dear Honorable Paul E. Davison,
I am writing on behalf of our Mayor the Honorable Ernest Davis whom I have known for 15 years as a
citizen and a Pastor in Mount Vernon, New York. As Mayor he has been a light unto our community and
has stood as a man in whom our community has trusted and looked to for his leadership to move our city
forward and to inspire the people to work together fbr the common good.
Nevertheless, I am writing to express my concern for the man and not the Mayor. For as a man he has
demonstrated his love for the people. He has helped countless people of the community in meeting their
personal needs whereas he has went to people's homes when their loved ones have died and sat with them
and comforted them in their time of grief. I know members of the community he has fed taking monies
out of his own pocket to assist them. In addition he has made time to come to funerals, celebrations and
personal gatherings to participate as a man and not in capacity as Mayor because he cares for every man,
woman and child in the great City of Mount Vernon.
I support him as well as many clergy and religious leaders in our community and my prayer is that you
would find mercy and compassion for him. My Bible teaches "He without sin let him cast the first stone"
for we all have made mistakes and fallen short but we serve a Merciful God that in all our shortcomings
He still loves us and grants us grace.
So in conclusion I pray for your great consideration in this matter to assist the Honorable Ernest Davis to
continue to serve his people and our community. Please feel free to contact me for any questions.
Sincerely,
C((;clma?rd @
New York, New York -
December 11, 2014

SOO Quarropas Street
Dear Judge Davison,
I have known Ernest D. Davis since our days in college. He hails from the big city of Charlotte, North
Carolina and I from a less cosmopolitan city of Kinston, North Carolina. We met and instantly a
friendship bond formed that is still stronger than ever.
Our college days at North Carolina A&T University in Greensboro aided our growth and commitment
to our fellow human beings - especially those left out and behind. A&T opened up a new world for us
that still resides in our being. We explored the social and educational arenas as we pondered the course
our lives would take. The turbulence of the times helped to shape our thinking and commitment to
help those who suffer the injustices we saw and fought against as young men growing up in the south.
When my friend moved into the political arena in the north, he did not lose his commitment to the
people. In Mount Vernon he found many there that need the help he was well equipped to address. Not
only is Ernest Davis a man of intelligence, he is a man of great passion and compassion. When no one
else will speak, he has the courage of his convictions that does not offer silence.
As we have both entered the three score and them that is often quoted in biblical terms I am sure that
my friend can honestly say that he did his best to right some wrongs and bring smiles to many. He,
like all of us, made some mistakes along the way - but his present legal mistake seems to be one of that
may have been avoided ifhe put himself first.
I hope your judgment of my friend takes into account his productive efforts as well as his long history
of payment of obligations throughout his life.
EZ:-f1t
Edward Pitt
Case 7:14-cr-00679-PED Document 8 Filed 02/03/15 Page 1 of 12
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK
-----------------------------------x
:
UNITED STATES OF AMERICA
:
:
-v:
:
ERNEST D. DAVIS,
:
:
Defendant.
:
:
-----------------------------------x
14 Cr. 679 (PED)
GOVERNMENT=S SENTENCING MEMORANDUM
PREET BHARARA
United States Attorney for the
Attorney for the United States
of America
PERRY A. CARBONE
JAMES MCMAHON
Assistant United States Attorneys
- Of Counsel -
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK
-----------------------------------x
:
UNITED STATES OF AMERICA
:
:
-v:
:
ERNEST D. DAVIS,
:
:
Defendant.
:
:
-----------------------------------x
14 Cr. 679 (PED)
GOVERNMENT=S SENTENCING MEMORANDUM

The Government respectfully submits this memorandum in
connection with the sentencing of defendant Ernest D. Davis, which
is scheduled for February 6, 2015 at 2:30 PM.
The calculation of
the offense level in the Pre-Sentence Report is consistent with that

agreed to by the parties in the plea agreement.
The final offense
level is 8; the Criminal History Category is I; the fine range is

from $1,000 to $10,000; and the defendant has agreed to make
restitution of his outstanding tax liability.
The Government
submits this memorandum primarily to bring to the Court's attention

information that it considers material to the determination of where
the sentence should fall within the applicable Guidelines range.
On October 17, 2014 -- three days after he entered his guilty
pleas before this Court -- the defendant appeared on a radio show
entitled "Conversations with the Mayor."1
The defendant discussed
A complete transcript of the show is attached hereto as Exhibit 1.
this case during the show.
In doing so, he made several statements
which call into question the quality of his acceptance of

responsibility and demonstrate a need for the Court to place greater
weight on the need for both general and specific deterrence in
fashioning an appropriate sentence.2
One of the primary themes of the defendant's comments during
the show was to shift the blame for his conduct by suggesting that
the prosecution was motivated by factors other than his criminal
behavior.
For example, the defendant stated that he was targeted
because he was a public official:

HOST:
. . . Having uh, having said that, uh how
do you feel that life has turned sad and difficult? You
had to stand in a federal court
DEFENDANT:
Umm hmm.
HOST:
misdemeanor.
White Plains, and plead guilty, to I guess,
DEFENDANT:
Umm hmm.
HOST:
Tell us how you feel?
DEFENDANT:
I, um, the first thing, uh remember this
has been going on for eight years, so Ive been under the
gun for a long time. And it has culminated into what you
have been reading about. The first thing you feel is uh,
violated. Um, you know, um, here you are trying to do the
best you can, ah you made the sacrifices that you thought
you should make, ah we're making progress.
2
The Government is not seeking to have the Court deny the defendant a two level
reduction for acceptance of responsibility. Rather, the Government asks that the
Court consider the defendant's statements during this interview in determining
where the sentence should fall within the Guidelines range that was calculated
by the Probation Office and in the plea agreement.
HOST:
You mean to be in public service?
DEFENDANT:
To be in public service and I would say that
none of this would happen except that Im the mayor. And
none of this would, I think its safe to say that.
Exhibit 1 at 2-3.
Later in the interview, he said:
DEFENDANT:
. . . [W]hen I was running and I decided
to run again, I knew that I would be killed. I knew it.
I knew that the government would try to kill me. . . .
And if I have to be a sacrificial lamb, so what, but I want
people to know, my people especially, that somebody cares
for them, I will fight for them, I will do everything I
can and then when I see things are wrong, I'm going to say
that they are wrong.
Exhibit 1 at 18.
The defendant also suggested that he was a victim
of an arbitrary prosecution:
DEFENDANT:
. . . Im seventy six years old. And uh,
I've learned a lot, I know a lot, and uh I could not believe
that the system uh could be used against me that way.
Although, um I um, I know, and Ive been preaching that
almost anything that you do is against the law. People
just pick and choose who they want to, to to handle in that
fashion. And uh, I think its safe to say uh that.
Exhibit 1 at 3-4.
He returned to this theme later in the
interview:
DEFENDANT:
. . . I don't believe everybody that goes
to jail is guilty. And I know that, I'm close to it. I
know lawyers, I know people in the street, and they will
tell me I did this, but I didn't do that. I did, and I
know that. And so when you get old enough you will
understand that there by the grace of God it could be you
or I. It could be you tomorrow. Nobody is immune,
especially in today's climate. Nobody is immune, uh, to
being mistreated by the government.
HOST:
Nobody is immune to the ham sandwich

4
argument.3
DEFENDANT:
Exhibit 1 at 21-22.
Absolutely.
The defendant then presented himself as a martyr
to an unfair process driven by politics:

DEFENDANT:
. . . I never envisioned myself being in
politics, uh, but, uh, things happen. And do I regret it?
No, I do not. Uh, who is it to say that something else
wouldn't happen if I practiced architecture. You can't
feel as that, one thing I do now is that when you feel that
you are right, and I talked to my lawyer about that, I feel
I am right and if I have to go to jail, for what I, knowing
that I'm right, I don't care. Because I am seventy six
years old, I have spent my life trying to help people, if
it is my fate to be where I am, that's my fate. Uh, but
um, I am believing that, uh, fairness will prevail.
Exhibit 1 at 14.
The defendant also suggested that he had been targeted for
prosecution based on his race:
HOST:
Mr. Mayor let me ask you a better question,
and you danced pretty close to this when we last spoke on
the radio. Uh a better question than are they doing this
because you are the mayor, is are they doing this because
you're African American?
DEFENDANT:
Well I wont answer this way, Ill answer
another way. Uh, it is very curious, and it has historical
proof that the African male uh, has been sorted out for
extinction.
HOST:
Extinction?
DEFENDANT:
every
Extinction.
Uh, and its true I mean
3 The host is referring to a comment he made earlier in the interview about an

observation, supposedly by former Court of Appeals Chief Judge Sol Wachtler, that
the Government could indict a ham sandwich. Exhibit 1 at 13.
HOST:
(Laughs)
Youre not talking Al Sharpton here.
DEFENDANT:
Well Al Sharpton is no fool, Ill tell you,
and people need to know that. . . . And I was talking to
Al once and uh, he said, I come to a place because people
tell, ask me to go, I dont go. He said the most difficult
thing in his life, is people come to him when they are being
mistreated. I'm talking about African people. Come to
him while they're being mistreated and then after they get
where they want to go, now they dont want to deal with
Al anymore, because the media, instead of trying to protect
people against the system, which is onerous at many times,
especially to Africans. I mean, for instance why is it
that every shooting you get is always African American.
Is that a coincidence?
HOST:
Well, do you mean they say is an African
American or it actually is?
DEFENDANT:
It actually in fact, I mean every shooting
whether its New York, whether its uh North Carolina,
somebody, well that was some black woman come theres a
fear of African people especially the male. And if you
look at Willie Lynch, Willie Lynch told the slavers back
in 1712 he said um, they was shooting and killing the
slaves, he said dont do that they are the source of of
your wealth. But if you listen to me I can tell you how
to control African um blacks at that time, uh for the next
three hundred years.
HOST:
Who said this?
DEFENDANT:
Willie Lynch, read it. 1712, its also
called 1712. He said the first thing you gotta do is keep
the black woman from depending on the black male. And how
you do that is you pull him apart right in front of her
face and then she will be so fearful she will put him in
the back to save him. 'Cause he is the key, the woman is
the key to slavery. Its really deep, he goes deep and
its uncomfortable for people to hear, but it is the truth.
Now
HOST:
Are you saying this was at work with your
current dilemma?
6
DEFENDANT:
No, Im saying that we all are influenced
by history, and Im saying is that all you have to do is
dont believe me just look at whos been shot. Who has
been incarcerated, who has been under educated, just look
at that. And so this, a lot of this is predictable.
Exhibit 1 at 7-9.
The defendant repeated this theme later in the
interview:
HOST:
. . . [y]ou don't think [the United States
Attorney's Office is] after you for, just because you're
the mayor, or just because you're African American, do you?
DEFENDANT:
Um, I am African, I am a Southerner, I did
the sit-ins in the South, I am acquainted with the history
of this country as it relates to, uh, people of color.
Exhibit 1 at 17.
Finally, the defendant attempted effectively to minimize his
guilt by inaccurately describing the two crimes to which he pled
guilty.
With respect to Count Two, which charged willful failure
to file a tax return for the 2011 tax year, the defendant said:
DEFENDANT:
. . . Now as far as the two eleven is
concerned, I paid those taxes, but I paid them late. So
thats a violation, you cant pay late, so I paid late.
Exhibit 1 at 16.
his payment.
The defendant was not charged with being late with
He was charged with, and pleaded guilty to,
intentionally and willfully failing to file a return for 2011.

Similarly, with respect to Count One, which charged a willful failure
to file for 14-16 Sandford East, Inc. in 2003, the defendant said:
DEFENDANT:
Um, but let me just say this, I am guilty
of procrastination, and I am, I mean, I thought and I had
bad judgment. I thought that I had spent so much money
that when I sold it, that it would wash out. Some of the
7
records got burnt, but I was able to . . .

HOST:
When you sold some real estate?
DEFENDANT:
Right. Now, but when, and their argument
is, that I if I had paid the taxes, I would have owed the
government seven thousand dollars, thats what we talking
about. Seven thousand dollars. That would have been the
difference.
Exhibit 1 at 15-16.
"procrastination."
The defendant did not plead guilty to

Further, his argument that his
"procrastination" was of relatively little moment because he would

have owed what he suggested to be an immaterial $7,000 is not a defense
to a willful failure to file.
The defendant's efforts to minimize his guilt and to portray
himself as a victim of racism and politics cast doubt on the sincerity
of his acceptance of responsibility.
Statements by defendants along
these lines have caused sentencing courts to deny defendants the

benefit of a reduction in their offense levels for acceptance of
responsibility under Section 3E1.1.
See, e.g., United States v.
Dych, 334 F.3d 736, 744 (8th Cir. 2003)(affirming denial of reduction
for defendant who blamed another for his crime); United States v.
Volpe, 224 F.3d 72, 75-76 (2d Cir. 2000)(affirming denial of
reduction based on defendant's lack of remorse and failure to
acknowledge conduct was wrongful); United States v. Harris, 38 F.3d
95, 99 (2d Cir. 1994)(affirming denial based on lack of remorse);
United States v. Lindholm, 24 F.3d 1078, 1087 (9th Cir.
8
1994)(affirming denial where defendant blamed his victims for

crime); United States v. Ransom, 990 F.2d 1011, 1013 (8th Cir.
1993)(affirming denial where defendant called prosecution a "witch
hunt").
Whether a defendant expresses remorse or accepts responsibility
for his offenses is a primary indicator of recidivism.
As the Court
of Appeals has stated:

One of the goals of sentencing is rehabilitation and a
defendant's admission of responsibility or expression of
contrition "is often a significant first step towards his
rehabilitation and, for that reason, deserving of a
possible reward in the form of a lessened sentence."
Admission of guilt thus may properly be taken into account
in determining what sentence is needed to achieve
rehabilitation.
United States v. Parker, 903 F.2d 91, 105 (2d Cir. 1990)(affirming
denial of reduction where defendant claimed he was
innocent)(citations omitted).
Thus, where, as here, the
defendant's acceptance of responsibility is weak, the need for the

sentence to deter the defendant specifically from future criminal
behavior is greater.
The defendant's comments during the interview raise concerns
about general deterrence as well.
The defendant, as an elected
official in the public eye, has a responsibility to uphold the law

and serve as a positive example in his community -- or, at the very
least, to avoid minimizing his criminal behavior and blaming American
society, political opponents and the Government for his predicament.
9
The defendant's statements are thus inconsistent with his

responsibilities as a public official and, more specifically, as
Mayor to "maintain peace and good order within the City; to take care
that the laws of the state and the ordinances of the City Council
are executed and enforced within the City."
Section 63, Mt. Vernon
City Charter (describing duties of the Mayor).
More importantly,
though, the defendant's comments, coming as they did from a public

leader, could encourage others to rationalize criminal behavior in
the same ways.
The sentence, therefore, should send a clear message
that such rationales for criminal behavior, whether motivated by

personal or political concerns, are not acceptable in American
society.
See 18 U.S.C. 3553(a)(2)(A)(sentence should promote
respect for the law); 3553(a)(2)(B)(sentence should afford

adequate deterrence to criminal conduct).
The need for the sentence to deter others is also inherent in
the nature of the defendant's offenses.
Our tax system is premised
on voluntary compliance with the tax laws through deterrence.

ATaxes,@ wrote Oliver Wendell Holmes in dissent, Aare what we pay for
civilized society....@
275 U.S. 87, 100 (1927).
Compania General de Tabacos v. Collector,

Consequently, the federal government has
a vital interest in ensuring that every taxpayer fulfills his

obligations to report all income and pay his fair share of federal
income taxes.
AThe system of tax collection in the United States

10
relies upon the honesty of taxpayers.
The Government needs
taxpayers to report timely, completely, and honestly all taxes they

owe so that it can collect the taxes due.
The Sentencing Commission
has made clear that sentences in tax cases should advance the goal
of general deterrence:
The criminal tax laws are designed to protect the
public interest in preserving the integrity of the
nation=s tax system. Criminal tax prosecutions serve
to punish the violator and promote respect for the
tax laws. Because of the limited number of criminal
tax prosecutions relative to the estimated incidence
of such violations, deterring others from violating
the tax laws is a primary consideration underlying
these guidelines. Recognition that the sentence for
a criminal tax case will be commensurate with the
gravity of the offense should act as a deterrent to
would-be violators.
U.S.S.G. Part T - Offenses Involving Taxation, Introductory
Commentary.
11
CONCLUSION
For the reasons set forth above, the Government
respectfully requests that the Court sentence the defendant within
the applicable Guideline range.
Dated:
White Plains, New York

February 3, 2015
Respectfully submitted,
PREET BHARARA
United States Attorney
/s
By: ____________________________
Perry A. Carbone/James McMahon
Assistant United States Attorneys
(914) 993-1945/1936
cc:
Jeremy H. Temkin, Esq.

Daniel F. Wachtell, Esq.
(by ECF)
DATE:
October 17, 2014
TIME:
12:00pm
PARTICIPANTS:
ERNEST DAVIS
BILL OSHAUGHNESSY
CALLER ABDUL
ABBREVIATIONS:
(U/I) = Unintelligible
______________________________________________________________________________
ERNEST DAVIS
in the studio and uh weve uh changed places,

um for this uh special broadcast. Um
BILL OSHAUGHNESSY
Is this where you usually sit Mr. Mayor?
ERNEST DAVIS
Uh, yes but today, you know, if if its youre your

time.
BILL OSHAUGHNESSY
Well, Im honored, um ladies and gentleman for

the next several minutes while were in your chair
and keeping First of all uh Mayor Davis, I
think its wonderful that you showed up today as
you have for how many years doing this show?
ERNEST DAVIS
Oh God, its been at least fifteen.
BILL OSHAUGHNESSY
Um, I think um, you know, Happy Rockefeller,

once said, uh, you can put this in context as you
will, but she sent me a note once said, good friends
rally around when life turns sad and difficult.
Your life has become, first of all, I like you a lot.
ERNEST DAVIS
And we're a mutual admiration society.
BILL OSHAUGHNESSY
Will you trust me to conduct myself?

1
ERNEST DAVIS
Oh, absolutely.
BILL OSHAUGHNESSY
Properly, and I hope our listeners will. Uh, weve

had a lot of rogues at (U/I)
ERNEST DAVIS
(Laughs)
BILL OSHAUGHNESSY
Weve had a lot of characters, in the body of

politics
ERNEST DAVIS
Uh huh.
BILL OSHAUGHNESSY
Abroad in the land, in our home seat of

Westchester. I dont think you're one of them.
Uh, I think youre real, I think youre genuine.
Ive seen you with young people, Ive seen you
with old people, Ive seen you with people, and
you cant, you cant, what you have cant be
manufactured. A lot of plastic politicians around,
Mr. Mayor, Your Honor, Ernie Davis and youre
not one of those. Having uh, having said that, uh
how do you feel that life has turned sad and
difficult? You had to stand in a federal court
ERNEST DAVIS
Umm hmm.
BILL OSHAUGHNESSY
White Plains, and plead guilty, to I guess,

misdemeanor.
ERNEST DAVIS
Umm hmm.
BILL OSHAUGHNESSY
Tell us how you feel?
ERNEST DAVIS
I, um, the first thing, uh remember this has been

going on for eight years, so Ive been under the
gun for a long time. And it has culminated into
what you have been reading about. The first thing
you feel is uh, violated. Um, you know, um, here
2
Oh I know.
you are trying to do the best you can, ah you made

the sacrifices that you thought you should make, ah
we're making progress.
BILL OSHAUGHNESSY
You mean to be in public service?
ERNEST DAVIS
To be in public service and I would say that none

of this would happen except that Im the mayor.
And none of this would, I think its safe to say that.
Uh, but having said that you go through the
process, um I, I loathe that day when I knew it was
coming for a while and I had to think about how I
was going to do it. I dont care how I was going
to handle it; it was not going to be pleasant. And
um
BILL OSHAUGHNESSY
Standing in front of a United States Magistrate
ERNEST DAVIS
Right and
BILL OSHAUGHNESSY
Pled guilty.
ERNEST DAVIS
Its not so much 'cause uh that, 'cause after a while

you get numbed. And uh you get fingerprinted,
you get uh, photo id, all the other people I would
say were hospitable. Um, but nevertheless, I
didnt see my life, at this time in my life, going that
way.
BILL OSHAUGHNESSY
How old are you Mr. Davis?
ERNEST DAVIS
Im seventy six years old. And uh, I've learned a

lot, I know a lot, and uh I could not believe that the
system uh could be used against me that way.
Although, um I um, I know, and Ive been
preaching that almost anything that you do is
against the law. People just pick and choose who
they want to, to to handle in that fashion. And uh,
3
I think its safe to say uh that. And then, but the

biggest disappointment after being in this position,
is how people write about it. Um, I had the
Journal News um, did a chronology of my life, to
college day, they got college pictures, uh I was
pretty good looking back then. (Laughs)
BILL OSHAUGHNESSY
You still are. If somebody just tuned in, this is uh

Mayor Ernie Davis regular radio program,
Conversations with the Mayor, uh we switched uh
microphones for the moment, uh Im Bill
O'Shaughnessy, and Im privileged really, to be
sitting where you sat for how many years now?
Fifteen years.
ERNEST DAVIS
Fifteen years, yeah.
BILL OSHAUGHNESSY
Go ahead Mr. Mayor.
ERNEST DAVIS
Before I go, I want to thank you because it was

your idea for me to be here because we were I
think in Larchmont, uh somewhere, and we having
lunch and you said uh, I think it would be a good
idea for you to come on the show to talk about the
good things, about your, about your city. And it
made a lot of sense to me. And so here I am
fifteen years later.
BILL OSHAUGHNESSY
Were both seventy six, seventy two, and

somebody said two old farts.
ERNEST DAVIS
(Laughs)
BILL OSHAUGHNESSY
Still talking on the radio.
ERNEST DAVIS
Well I tell ya, this and that, I tell people, I know

more than Ive ever known, Ive made mistakes
and will still make mistakes. And you should be
4
served if they are ready to serve. Weve had

examples of um, a youthful ignorance in action
BILL OSHAUGHNESSY
What do you mean?
ERNEST DAVIS
Well, sometimes when people are impetuous and

they want to get to a place in a hurry, and they want
to take short cuts, they start mimicking, the worse,
in my opinion the worse, and greed of politics and
that is, uh to try and climb over people by, uh not
substance, but superficial stuff.
BILL OSHAUGHNESSY
Mr. Mayor excuse me are you talking about

Richard Thomas, councilman?
ERNEST DAVIS
I, I not, hes not just a, hes one of them. But I see

too often, what happens is people want to hurt
other people, so that they can climb into the
position that they think they ultimately want to be.
And thats the place we are, not just in Mt. Vernon,
but thats the place we are in the nation. All you
hear in politics is who did uh wrong, who, whose
character is being assassinated, and they dont
want to talk about the issues. All they want to do
is talk about how bad you are, and thats uh, and
people for instance, Im under, and all of this is
studied, in my opinion. The Journal News and it
was predictable what they would do. Had me,
and I was in uh, thinking pose and they caught me
right there, and they said, it looked like I was
crying or something. Uh, but rest assured that the
people in the street have been ringing my phone,
and people have uh strengthened my resolve, how
to keep working for my people.
BILL OSHAUGHNESSY
So youre not going to quit?
ERNEST DAVIS
Oh no, I dont, I dont, quitting is just not my stick

5
you know.
BILL OSHAUGHNESSY
You think the Journal News has it in for you?
ERNEST DAVIS
Uh, I think its safe to say that they um, they dont
have a lot of love for me. (Laughs) I mean
theres plenty evidence. I mean we had for
instances, you gonna ask me the whether I had two
misdemeanors, you dont inquire about what
happened or anything. All you know is that I got
that, okay fine. I mention that uh, thats it, and
then they jump to the conclusion that I have
embarrassed my city uh, I have, uh but they wont,
uh its not balanced. We had almost a thousand
people come to us on Thirty Third Street, in Mt.
Vernon, the biggest spectacle in in, probably in
this state, outside of New York City.
BILL OSHAUGHNESSY
What was that for?
ERNEST DAVIS
That was um, uh what happened is I, I thought

about how do I change an area that needs changing
and that was Third Street. Third Street was
infamous in recent years. And so I took uh the
most infamous street and turned it into a
celebration. So that people would not be fearful
to come there, and the developers would see that,
and they would uh rush to do some development.
And weve been successful. Third Avenue and
Third Street is built, Fifth Avenue and Third street
is built, we have uh a big project being proposed.
We have a project, we have a project being, thats
going to break ground on (U/I), and we have a
project right now under construction of Fifth
Avenue. We have a project thats getting ready to
have shoveled underground on Macquesten
Parkway. Uh, weve taken the adult center that
was closed and uh, and we have uh resurrected
6
that. Then we have Mt. Vernon film, film festival

and adult center. Um, we kitchen with U/I and
adult center for the children. Uh we undergoing a
big renovation there, spent a quarter of a million
dollars and uh Hartley Park, weve uh almost
finished two veteran uh, veteran park across from
Lincoln Lounge. I mean weve done a body of
work thats really worthy of some sort of
acclamation. Uh and they sit there and they dont
want to, they only cover Mt. Vernon if somebody
gets shot.
BILL OSHAUGHNESSY
You talking Journal News?
ERNEST DAVIS
Journal News, uh Channel 12
BILL OSHAUGHNESSY
Media in general.
ERNEST DAVIS
Uh, those are uh those are two violators, biggest

violators. Although I would say that, Tara
Rosenbaum was um, was, it was balanced. Um,
when she said do you think that this is happening
to you because you are the mayor? I didnt answer
her because uh, my lawyer didnt want me to, but
she asked the question. Um, but they never been
fair to my city.
BILL OSHAUGHNESSY
Mr. Mayor let me ask you a better question, and

you danced pretty close to this when we last spoke
on the radio. Uh a better question than are they
doing this because you are the mayor, is are they
doing this because you're African American?
ERNEST DAVIS
Well I wont answer this way, Ill answer another

way. Uh, it is very curious, and it has historical
proof that the African male uh, has been sorted out
for extinction.
7
BILL OSHAUGHNESSY
Extinction?
ERNEST DAVIS
Extinction. Uh, and its true I mean every
BILL OSHAUGHNESSY
Youre not talking Al Sharpton here. (Laughs)
ERNEST DAVIS
Well Al Sharpton is no fool, Ill tell you, and

people need to know that. And I was talking to Al
once and uh, he said, I come to a place because
people tell, ask me to go, I dont go. He said the
most difficult thing in his life, is people come to
him when they are being mistreated. Im talking
about African people. Come to him while they're
being mistreated and then after they get where they
want to go, now they dont want to deal with Al
anymore, because the media, instead of trying to
protect people against the system, which is
onerous at many times, especially to Africans. I
mean, for instance why is it that every shooting
you get is always African American. Is that a
coincidence?
BILL OSHAUGHNESSY
Well, do you mean they say is an African

American or it actually is?
ERNEST DAVIS
It actually in fact, I mean every shooting whether

its New York, whether its uh North Carolina,
somebody, well that was some black woman come
theres a fear of African people especially the
males. And if you look at Willie Lynch, Willie
Lynch told the slavers back in 1712 he said um,
they was shooting and killing the slaves, he said
dont do that they are the source of of your wealth.
But if you listen to me I can tell you how to control
African um blacks at that time, uh for the next
three hundred years.
8
BILL OSHAUGHNESSY
Who said this?
ERNEST DAVIS
Willie Lynch, read it. 1712, its also called 1712.

He said the first thing you gotta do is keep the
black woman from depending on the black male.
And how you do that is you pull him apart right in
front of her face and then she will be so fearful she
will put him in the back to save him. 'Cause he is
the key, the woman is the key to slavery. Its
really deep, he goes deep and its uncomfortable
for people to hear, but it is the truth. Now
BILL OSHAUGHNESSY
Are you saying this was at work with your current

dilemma?
ERNEST DAVIS
No, Im saying that we all are influenced by

history, and Im saying is that all you have to do is
dont believe me just look at whos been shot.
Who has been incarcerated, who has been under
educated, just look at that. And so this, a lot of
this is predictable. For instance you asked me
about um, Richard Thomas. Richard Thomas can
call Channel 12, Channel 12 will be there in a
minute, why is that? Because hes always gonna
um, uh defame a black person.
BILL OSHAUGHNESSY
Well, isnt he a black person?
ERNEST DAVIS
Well yeah, just cause you black dont mean, totally

necessary mean that youre have the interest of
black people.
BILL OSHAUGHNESSY
I wanted to, I started to ask you earlier, Mr. Mayor,

Ernie Davis, about this Richard Thomas. In every
telling hes quite a comer, thats hes gonna be
playing an important part in the future of Mt.
Vernon
9
ERNEST DAVIS
I doubt it, I doubt it, I doubt it.
BILL OSHAUGHNESSY
You do, well hes already playing on the state wide

level now
ERNEST DAVIS
I doubt it. You see you can fool people

sometimes, but the more you do that, the more you
uh uh, people get tired of this, people get tired of
you when you doing good, you know, they get
tired. Now, that might have appear to some
ignorant people who dont know, uh just hes a
good looking young man, but if you follow whats
hes talking about it makes no sense.
BILL OSHAUGHNESSY
He sat at this very microphone, Richard Thomas

uh, Mt. Vernon Councilman and he said you know,
I I think he should really reassess where he is,
meaning you, the Mayor, and he did, then he
slipped in he said when I was a young man and I
needed it, he wrote letters for me. Uh, hes got a
short memory?
ERNEST DAVIS
Because, yeah
BILL OSHAUGHNESSY
Richard Thomas?
ERNEST DAVIS
Yeah Ive known Richard
BILL OSHAUGHNESSY
And at an uncomfortable moment I said whats

going on with this young man? Heres a guy who
helped him, and now hes turning on you.
ERNEST DAVIS
Uh, thats thats usually the way it works.

(Laughs)
BILL OSHAUGHNESSY
Why, what do you mean?
ERNEST DAVIS
You see, usually the people who hurt you the most,
10
are the people you helped the most. And and I

mean if I go down, I have been in office, I have
helped, my fingerprints are in all, almost every
office, whether its the police, whether its fire, uh
whether its DPW. Im the one that gave them
their opportunity. Do I expect they're loyal to
me? No.
BILL OSHAUGHNESSY
Do you feel betrayed by?
ERNEST DAVIS
No thats just that, that just um a deficit in the

human uh condition. We want to say that you
know, we are capable of great good, and great evil.
All you have to do is look at the world today. I
mean everybodys mad at each other, and and
people are ignorant for instance, if you look at
what brought the country to its knees, it was uh
Wall Street, the banks, insurance companies,
housing, now but if you look at whos in jail, you
know it aint the people who brought the country
to its knees. So theres a dichotomy when I look
out over the landscape knowing what I know, that I
I feel very uncomfortable and I can connect the
dots, its not just Richard Thomas. He doesnt
know what hes doing.
BILL OSHAUGHNESSY
Richard Thomas?
ERNEST DAVIS
Yeah I mean, and those types of people because he

doesnt see that for instance he just said we gonna
have a nineteen percent uh tax increase,
retroactive. Are you mad? But what happened,
this is what happened, the bonding agency looked
at this and already they have a prejudice because
its a brown, black, brown city predominantly.
And then if you try to uh
BILL OSHAUGHNESSY
How many people of color, what percentage in

11
numbers?
ERNEST DAVIS
Its about sixty percent.
BILL OSHAUGHNESSY
Six oh?
ERNEST DAVIS
Um hmm. It is the most diverse city in the state of

New York.
BILL OSHAUGHNESSY
Look its pretty clear, Richard Thomas, the

Honorable Richard Thomas had taken your pulse.
Taken your
ERNEST DAVIS
Im Im disappointed; see Im disappointed, when

black people dont understand that they are being
used. See see
BILL OSHAUGHNESSY
Whos using who?
ERNEST DAVIS
Oh oh Channel 12, Journal News, they're so quick,

they are quick to extol him, they would love to
because they can control him. Because they
know that he wants his face on, he sees that if I can
criticize a big guy then I become a hero. Then of
course Channel 12 loves to do that, and the idiotic
stuff uh that hes saying, they will do that,
because
BILL OSHAUGHNESSY
Lets say he is available to the media, Thomas?

Theres no question about that. You know who
the gettable ones are, and those who dont like the
spotlight. Thomas likes the spotlight, theres no
question about that. Mr. Mayor, Ernie Davis,
back to the present dilemma. And youre
listening, if you just tuned in, Its Breathing Hard
on 9:30 Im Bill OShaughnessy, Im sitting where
usually his Honor Ernie Davis the Mayor of Mt.
Vernon sits and this program is called
12
Conversations with the Mayor, hes been here

religiously every uh Thursday, for the past fifteen
years. Remember Sol Wachtler Mr. Mayor?
ERNEST DAVIS
Oh yes.
BILL OSHAUGHNESSY
Sol Wachtler was the Chief Judge of New York

State appointed by Mario Cuomo, and uh a
brilliant, brilliant man, he fell in love, he had a
problem, and uh I think he even went to college.
Sol Wachtler one of the great lines in criminology
or in the legal world, said famously you can indict
a ham sandwich.
ERNEST DAVIS
Oh yeah.
BILL OSHAUGHNESSY
You feel like a ham sandwich?
ERNEST DAVIS
Um, maybe a pork sandwich (laughs) . Umm if

obviously I, I just am uncomfortable um, and
honestly I do not feel good about what has
happened to me, for the seven years, last eight
years. I dont think I deserve it, but when I start to
think like that I um , I remember I was Franklin
Richardsons Church, and the preacher was
preaching and he says, um, you have no friends?"
He says, "who do you think you are to have
friends?" He said, "Jesus Christ didnt have
friends. So who are you to have them? And I
thought about that, see when people theres a song,
that that that I use sometimes, it says what do you
do, when you done all you can and it seems like its
never enough. What do you do when friends turn
away and youre alone? How do you handle the
guilt of your past, how do you handle the shame?
You just stand, and thats what Im doing.
BILL OSHAUGHNESSY
Mr. Mayor, um youre seventy six years old, uh

13
you have achieved a lot, uh do you regret going

into politics?
ERNEST DAVIS
No, I never thought I would go into politics, Im an

architect and I thought thats what I would do. I
thought I would be international in in my scope,
but uh life has a way of changing things. Thomas
Sharp uh saw me um as I was trying to open my
architecture practice
BILL OSHAUGHNESSY
Former Mayor?
ERNEST DAVIS
Former Mayor
BILL OSHAUGHNESSY
Thomas Sharp
ERNEST DAVIS
and he is my favorite, uh I tell everybody that.

I learned a lot from him, I never envisioned myself
being in politics, uh, but uh things happen. And
do I regret it, no I do not. Uh, who is it to say that
something else wouldnt happen if I practiced
architecture. You cant feel as that, one thing I do
know is that when you feel that you are right , and I
talked to my lawyer about that, I feel I am right and
if I have to go to jail, for what I, knowing that that
Im right, I dont care. Because I am seventy six
years old, I have spent my life trying to help
people, if it is my fate to be where I am, thats my
fate. Uh, but um, I am believing that uh fairness
will prevail.
BILL OSHAUGHNESSY
Excuse me, sir. Go ahead.
ERNEST DAVIS
And uh so I feel, I dont feel um, uh theres a song

that I heard, I feel in no ways tired, Ive come too
far from where I started from, nobody said the road
would be easy, but He didnt bring you this far to
leave you. I feel it.
14
BILL OSHAUGHNESSY
Mr. Mayor, um, Ernie Davis, um someone, one of

my colleagues in the public press, was not
especially an admirer of yours, a fan of yours, uh
recently said uh, I dont think for a minute Ernie
Davis didnt pay taxes to avoid, consciously, did it
on purpose, uh no one thinks, at least no one I can
talk to, thinks, could you, why didnt you plead
guilty to just being sloppy about a few things?
ERNEST DAVIS
Because you cant, I dont want to get into it

because you cant. Um, but to correct the
record
BILL OSHAUGHNESSY
I mean did you do, really consciously do anything

to evade what?
ERNEST DAVIS
How how do you evade taxes, I mean its a written

record, its transaction that happened and I mean,
unless somebody gave you cash and and and its
impossible to do. And Im not slick enough,
obviously not slick enough to do that, so what
happened
BILL OSHAUGHNESSY
You ever have anybody offer you an envelope

under the table?
ERNEST DAVIS
Um, but let me just say this, I am guilty of

procrastination, and I am, I mean, I thought and I
had bad judgment. I thought that I had spent so
much money that when I sold it, that it would wash
out. Some of the records got burnt, but I was able
to
BILL OSHAUGHNESSY
When you sold some real estate?
15
ERNEST DAVIS
Right. Now, but when, and their argument is, that

I if I had paid the taxes, I would have owed the
government seven thousand dollars, thats what we
talking about. Seven thousand dollars. That
would have been the difference. Now as far as the
two eleven is concerned, I paid those taxes, but I
paid them late. So thats a violation, you cant
pay late, so I paid late. So when people said all of
this stuff, it is its when the truth is out I mean the
truth has to, and I have to say this because people
of of, I didnt pay taxes in ten years, all kind of
crap, its out there. Thats absolutely, now people
have a, I have a properties, yes, and this is what
they did, they showed all the properties I own.
Now I am not poor, I am not rich, but Im not poor,
Im an architect, I I work hard, I dont have an
extravagant lifestyle, Im not on drugs, contrary to
what people like to tell you. So, so and Im a
southerner, my granddaddy had his own farm, I
have role models which to, uh to mimic. As so
my granddaddy had, this is what he had, in South
Carolina he had built his own house, he had eighty
eight acres of land and he had a car. My
granddaddy, John Dagnum, (phonetic) so I dont
have to steal people's stuff , thats what so uh
people, and one, they want to believe what they
want to believe. Now this is where the racism
comes in, if you can tear down your leaders and
this is where young Thomas dont understand.
Youre not tearing down your leaders, youre
tearing down your whole city.
BILL OSHAUGHNESSY
Rich Thomas?
ERNEST DAVIS
Yeah. He doesnt understand that. In in his own

blindness, to to get recognized hes been bought
out. Hes just like the slave thats sold out the rest
of the slaves.
16
BILL OSHAUGHNESSY
Mr. Mayor, Ernie Davis, um the, you you um

suggested when we last spoke here on WVOX that
some of the US Attorneys, were out to get you, you
mentioned a guy named Carbone. Um, I know
some of the guys in that office and they're good
guys, a guy named Jason Halperin used to work for
Mario Cuomo, hes a wonderful young man, uh the
the um you dont think they're after you for, just
because youre the mayor, or just because youre
African American do you?
ERNEST DAVIS
Um, I am African, I am a southerner, I did the

sit-ins in the south, I am acquainted with the
history of this country as it relates to uh people of
color. Im Im acquainted there is a connection
between what befalls Mt. Vernon and thats why I
get so passionate, uh when it comes to kids like
Rich Thomas. He doesnt, absolutely no sense of
history, no understanding of how the system will
use you, to hurt your own people. When I look at
my city, and I look at um how funds are allocated I
look at (U/I) and we used to get three million
dollars then and we get one point three now. I
look at, all of the things that are designed to help
poor people, are being cut. It is tough to run a
city, these days, even if youre Ernie Davis. I
have to, and then this is what happens, we are
struggling and we are still making strides, but I
have to take one from here, take one from here, and
this is what Richard Thomas did. He comes to the
site instead of trying to work with us; he calls in
the labor department, calls in OSHA. To, to
what? To help the project? Youre being stupid
and yeah they will cover that.
17
BILL OSHAUGHNESSY
I heard you had a Richard Thomas on this very

show last week and I heard it got pretty heated.
ERNEST DAVIS
Uh because what he did, he had some minions and

I knew it would happen to call in and you can talk
to Richard Thomas about anything, and its almost
like hes memorized what hes going to say,
regardless of what you say
BILL OSHAUGHNESSY
Talking points?
ERNEST DAVIS
Yeah, and he just keeps doing that. See that can

take you but so long, um when I was running and I
decided to run again I knew that I would be killed.
I knew it. I knew that the government would try
to kill me. And I decided then that regardless of
what befalls me, I am going to live out my life
however long or short it might be with some
dignity and pride and uh people are going to have
to uh remember me this way. You might think
people dont understand what has happened to me,
but I meet people in the street and I get texts all the
time and they get it. They get it. And if I have to
be a sacrificial lamb, so what, but I want people to
know, my people especially, that somebody cares
for them, I will fight for them, I will do everything
I can and then when I see things are wrong Im
going to say that they are wrong. We have for
instance; we have uh a tax cap. Thats crazy.
Because when seventy five percent of all of the
um
BILL OSHAUGHNESSY
Who put the tax cap on, the governor?
ERNEST DAVIS
The governor, not good. Now I know why hes

doing it, what hes doing is good political stuff, but
it doesnt work. He says correctly, that you have
too many governments, and he is absolutely
18
correct. The fire department uh should be a

regional fire department, in Mt. Vernon a fire
engine cost us a million dollars, and we got four in
small Mt. Vernon we got four or five stations.
And then we got, uh people who want to scam the
system, and you have rules and regulations there
that sometimes aid and abet. If you look at what
drives the economy in the locals, you got health
benefits, retirement benefits, you got 207A, 207C,
you have U/I, none of which the locals have
control over. And yet you say, Im gonna put a
cap on it. But if cap the mandates that you put on
us, we wouldnt have to worry. But the people
dont understand it all they want do is pay less
taxes and somebody said they didnt have to pay
taxes. So, and then you have the school system,
Mt. Vernon, because Mt. Vernon has to deal with
children who are handicap sometimes, uh quite a
bit of, it cost more to run a school in Mt. Vernon
then it does in Pelham. Why? Because you got a
homogenous uh system. Pelham will not take
certain people, Mt. Vernon has to, but when you
try to, see I could educate people like Thomas and
Knowles to be good leaders. If you want to fight
somebody you fight the state. You fight the
federal government. And it becomes a circus
because they think that this is about Ernie Davis, it
is not about Ernie Davis, its about doing the right
thing for cities such as Mt. Vernon so it can
prosper. I mean you know for instance, we uh
Memorial Field, big big field. The countys
holding up the money. Uh um and the very
people who that could be helping, joining a march
saying its not happening, fast enough. I say you
gotta be crazy. So Im supposed to be sitting here
and just let you do this no! Homie you cant do
that. And youre the culprit, and now I gotta go
up to the county and look, Im gonna raise hell
19
until you let my money go. Now um, there is

some distinction between Lindon Williams and the
uh the county executive. Its just as simple as
that. How you gonna do nothing for this guy, but
thats fine. You all can fight all you want to, but
let my money, let my people go. For instance, if I
had the money, I could, theres two projects that
the countys holding up, one is Memorial Field.
They say because I change the plans, everybody
knew I was going to change the plan. And
number two you have the Four Street playground.
Mt. Vernon has turned out more um basketball
players, little Mt. Vernon turned had at one time
five NBA basketball stars at one time to play the
NBA. Little Mt. Vernon. And now I gotta
struggle to get the playground of Four Street
because the county is holding up the money.
BILL OSHAUGHNESSY
Why are they holding it up?
ERNEST DAVIS
Politics. Politics.
BILL OSHAUGHNESSY
Well the Republicans control it right now.

Youre a Democrat, surprised?
ERNEST DAVIS
Right. Well I think it doesnt get down to me, it

gets, it gets uh, now they they the county executive
is uh is uh is Republican, but the board is
Democrat. So, and every Democrat is not you
know buying into Mt. Vernon.
BILL OSHAUGHNESSY
Mr. Mayor, uh this is your program and uh you are

much more comfortable talking about municipal
affairs
ERNEST DAVIS
Uh hmm.
20
BILL OSHAUGHNESSY
ERNEST DAVIS
in your beloved city, the beleaguered landlocked

City of Mt. Vernon as I famously called it. Um,
but everybody my colleagues, really I guess your
people too, uh are concerned that youre at peril
now to, to the opinion to the judgment, the dictates
of a federal judge
Um hmm.
BILL OSHAUGHNESSY
Judge Davison.
ERNEST DAVIS
Um hmm.
BILL OSHAUGHNESSY
Uh, what would you say to Judge Davison?
ERNEST DAVIS
I met him and Im impressed with him. Uh, he

seems to be um an intelligent uh fair person, um I
do believe that he will uh look at whats been put
before him and I think he will make a wise and
reasoned decision.
BILL OSHAUGHNESSY
Ernie Davis uh, thank you sir I think you have been
class act in every season and uh to sit across and
hear you talk with such passion about your beloved
Mt. Vernon is uh, you cant you cant fake it. And
you cant make it up.
ERNEST DAVIS
Now if uh I wouldnt be in politics the way some

people are, I wouldnt
BILL OSHAUGHNESSY
What do you mean?
ERNEST DAVIS
I, if I had to lie and I am never ever offensive, if

somebody said something about Bill
OShaughnessy, and I know Bill OShaughnessy,
and somebody interviewed me about Bill
OShaughnessy, Im not going to say oh hes no
good or Im concerned. Im going to talk to Bill.
21
Because I know how the system is. I dont

believe everybody that that goes to jail is guilty.
And I know that, Im close to it. I know lawyers, I
know people in the street and they will tell me I did
this, but I didnt do that. I did, and and I know
that. And so when you get old enough you will
understand that there by the grace of God it could
be you or I. It could be you tomorrow. Nobody
is immune especially in todays climate; nobody is
immune, uh to being mistreated by the
government.
BILL OSHAUGHNESSY
Nobody's immune to the ham sandwich argument.
ERNEST DAVIS
Absolutely.
BILL OSHAUGHNESSY
Mr. Mayor thank you for letting me sit in for you.
ERNEST DAVIS
Thank you for being here.
BILL OSHAUGHNESSY
Youve got ten minutes to fill. Im going to go off

to a meeting not as important as this program. Uh
but I um, youve been at this for fifteen years now,
I think you can do ten minutes on your own.
ERNEST DAVIS
Laughs
BILL OSHAUGHNESSY
Good luck Mr. Mayor.
ERNEST DAVIS
Listen, thank you so very much and I want the

audience to know there are people uh out here that
deserves all the praise I could heap on them and
that still wouldnt be enough. And such a person
is Bill OShaughnessy, hes been tested. You
know some people um run from people who are in
legal trouble and they say oh God I cant be here
next to this guy Ive never been that kind of
22
person. Uh and um I just want to tell you that I

uh, I appreciate our friendship over the years
and
BILL OSHAUGHNESSY
Thank you and I let you go just a few minutes too

long. My, my confidence in you remains
undiminished by the events of this week.
ERNEST DAVIS
Thank you very much I really appreciate that.

And you are debonair as usual and I tell you if I
had uh the money and the physique I would dress
just like Bill OShaughnessy, I tell ya. He is
elegance and not just his words, but his appearance
also.
BILL OSHAUGHNESSY
Take care.
ERNEST DAVIS
Well uh its uh 9:52 and um I would just uh I think

its too late for calls, but I um would just like to
send the word out to those people who um, Ive
gotten a lot of calls in the streets and on my phone
and uh to encourage me and that gives me uh
strength to carry on. I do not care what the papers
say, they are trying to sell newspapers and uh they
have developed a keen dislike for my person,
which is fine they have every right to do that. But
I dont care all that much for them either so, uh
thats the way that goes. Uh but what I do care
about is that uh the people that I serve um
understand and that uh, they are very important to
me. And um uh so um Im not going to quit, dont
you quit and Im reminded of um a lady that was
called or stopped by, I had to send, it was a black
lady who was uh scrubbing the floors on her knees
to send her kid to school and the boy was
complaining about life. She looked at, up to this
boy and she says life for me aint been no crystal
stair. And nobody said that it was going to be
23
CALLER ABDUL
easy and so difficulty visits me just like it will visit

you. Its not the difficulty, its what you do about
them, and uh this is what I want to get out to. I
think perhaps I was put here for this purpose, um
and uh we're going to rise to the occasion,
wherever it comes. But we have one caller uh
here, that were going to entertain before we leave
and uh good morning.
Peace up, peace up, how you doing?
ERNEST DAVIS
Im doing fine, how you?
CALLER ABDUL
Most def most def, I gotta tell you that its nothing
but respect. And in order for the children to rise
up we need men to stand up in adversary and you
can show them that you can stand in adversary and
be a man. The attack is on, the attack has always
been on. It doesnt matter, youre a man when
you're fifty, youre a man when youre five, and
those five years olds are looking at you pop, and
they're very strong at what youre doing in Mt.
Vernon. Mt. Vernon is Tulsa, Oklahoma and the
newspaper participating in a lynching, that you are
not allowed to happen to your city. Im proud of
you brother mayor. When I see that garbage on
the TV I know exactly what it was. I dont get
emotional over that. We know scientifically
thats what youve been to Mt. Vernon and we are
proud of you. U/I
U/I, uh thank you so very much and I I, you know
people like, like Abdul always impress me and
those are the people who I really really respect. I
gotta call from this morning, from early this
morning, young man who had been in the streets,
and he wants to give back. And Im going to see
that young man, because he provides energy to the
street. He makes sense out of the nonsense. You
ERNEST DAVIS
24
CALLER ABDUL
ERNEST DAVIS
CALLER ABDUL
know, to have a a newspaper just summarily uh

jump out and do all of the stuff that they do. Uh
people see through that, and I should thank them
because they are making me stronger. They think
this makes me weaker and I cant serve my people,
they would love to have a nonfunctioning Mayor
in this city. Thats what they want. They want
somebody who cant do anything and to make a
mockery out of the title of mayor. Thats a very
important title. Many people should not wear
that, because its the, its the
Four more years, four more years, Ernie Davis,
four more years
Laughs.
CALLER ABDUL
Four, for all who can hear, four more years for us
on the path to getting our things together. Ernie
Davis has a plan and its working for the majority
of us who has some kind of an outlook. We need
critical thinking and critical thinkers. We dont
need people who can be bought off, fight the
power Ernie Davis, fight the power.
Thats all, thats all weve been about in my life uh
from North Carolina A&T, uh to Mt. Vernon, New
York. Uh the spirit still resides in me and it will
stay with me until I no longer can speak. Um that
is the strength I got from my granddaddy from my
grandmamma, my momma and daddy and the
community that I lived in.
U/I
ERNEST DAVIS
They gave us the strength
CALLER ABDUL
U/I you leave it to us we will be strong. Thank

you.
Thank you very much. I appreciate, uh this just
about does it for us we gotta wrap up and uh thank
ERNEST DAVIS
ERNEST DAVIS
25
you so very much, Im sorry we couldnt take any

calls, but we wanted to get through this with as
much uh clarity as we could. Obviously there are
things that we cannot talk about, uh and theres
some people who wish me well and not, and but
for those who do God Bless you thank you so very
much. And um well see you next week, God
willing same time, same place.
26


December 16, 2014
Dear Judge Davison,

My name is Nora B. Tyndall, I am 71 years old, resident of Mount Vernon for approximately 50 years and
I am a friend of Mr. Ernest D. Davis and his wife Bettye.
I have known him before he ran for the office of mayor in the City of Mount Vernon, but I have known
him personally when I worked on his campaign for Mayor. He and his wife are my friends. I bake a
peach Cobbler for them on their birthday, at Christmas or whenever the spirit leads me.
I do not know any details about his legal matter and have not discussed the matter with anyone in the
family or anyone connected to the case. I heard through the media that he has pleaded guilty, and I am
writing this letter on his behalf.
I worked for Westchester Department of Social Services for almost 39 years. As a Case Manager in
Mount Vernon, Mayor Davis have done everything possible to help those who were unemployed, those
who were released from jail or prison, homeless just to name a few. He has taken his own money to
help a person with bus fare, lunch etc.. He is a good man.
t am a member of Friendship Worship Center Church In Mount Vernon. He has never failed to come to
any service or affairs that I have invited him to. For my 60th birthday celebration at Friendship, he could
not attend, but he sent a representative. He is known in Mount Vernon as an honest and caring person
who is devoted to his wife, his family, this community and its residents. He is a mentor to the young
men in this community.
The acts to which Mr. Davis has pleaded guilty are inconsistent to the character of the man that I admire
and respect. Judge Davison, Your Honor, please take my letter into consideration in imposing sentence.
I ask for leniency for Mr. Ernest Davis.
Thank you so much for your attention to this matter.
Sincerely,
Nora B. Tyndall
Mount Vernon, New York
REVEREND JAMES B. JONES

Assistant Pastor
Eastward Memorial Church
1190 First Avenue
New York, New York
November 26, 2014

I am Reverend James B. Jones, Assistant Pastor of the Eastward Memorial Baptist Church located at 1190
First Avenue in New York City. I am 74 years old. I was licensed and ordained on June 6, 1980 by the
pastor at the Macedonia Baptist Church at 141 South 9th Avenue in Mount Vernon. The honorable pastor
who performed the ordination was Reverend Richard H. Dixon.
This letter that I write you sir is my honest, truest and most accurate analysis of who Mayor Davis truly is.
His true character is not one who would break and of God's or state laws. Not only is he one of my closest
friends, but he is a husband of over 40 years, a father, a gifted architect, a devout church member .. He is a
man who would rather work the streets of Mount Vernon than to drive his car so that he can daily meet and
greet the citizenry of Mount Vernon.
He knows the butcher, the baker, the candlestick mak4er, the floor sweeper and the window washer. And
that sir, was my occupation as I struggled to pay not only my rent, but also my tuition when I attended New
York Theological Seminary in New York City in 1980. On several occasions Ernie went into his own
pockets to help me financially during the lean years.
He has helped countless others with educational and recreational programs. He would rather give
entertainment and food to the common folk who cannot afford to fly to vacation spots for lavish enjoyment.
During the 1980's he led peace marches demonstrating for the eradication of the racist system in South
Africa. He organized and put into action plans for Hartley Park and traffic circle on Lincoln and Gramatan
Avenues.
He has been the chief architect for many Mount Vernon churches and office buildings such as the new
Macedonia Baptist Church and the Macedonia Towers senior citizen building on South 5th Avenue. He has
raised funds and delivered food and clothing to flood victims in New 04leans.
Page 2.
Dear Sir, I can go on and on as I reflect and remember the deeds and accomplishments of Ernie Davis. So
let me conclude by saying, the legal situation that is facing the mayor of Mount Vernon is so grossly
inconsistent with his present or prior history ... he is truly a man with a righteous code of conduct ... and had
a momentary lapse. He is willing to do all he can do to rectify his situation.
And so, to you sir, the Honorable Paul S. Davison, as you read this correspondence on behalf of myself and
all of the other support, I pray and urge you to be lenient and considering on behalf of my friend, and
Westchester friend, Ernie Davis, when imposing sentencing on January 26, 2015.
Thanking you with the honor and respect to you sir,
REVEREND JAMES B. JONES
MACEDON I A
liAl'll$l CHURCH
Rev. Dr. Darren M. Morton, Senior Pastor

Rev. Dr. Richard H. Dixon,
Deacon Barbara Howell
Chairman of Deacon Ministry
Jr., Pastor Emeritus
Trustee Thomas Terry

Chairman of Trustee Ministry
January 1, 2015

Southern District ofNew York
Dear Judge Davison:
I write this letter in support of Mr. Ernest (Ernie) D. Davis, who is an active member of the
Macedonia Baptist Church, where I serve as the Senior Pastor. In addition, I also serve as the
Commissioner for Recreation in the City of Mount Vernon, where I have lived since my birth in
1966. I have known Ernie since I was 11 years old. To that end, I am intimately acquainted with
Ernie, personally and professionally.
For many years, as a young person, attending Macedonia Baptist Church and growing up in
Mount Vernon, I have been the beneficiary of countless moments of mentorship, guidance, and
encouragement from Ernie. Ernie has always been an elder gentleman who cared for me as a
young man striving to become a strong man and an outstanding citizen. He, along with Rev. Dr.
Richard H Dixon, Jr., Pastor Emeritus of Macedonia Baptist Church, has inspired my dedication
to serving the people of Mount Vernon. It was his inspirational leadership that taught me the
importance of sacrificial leadership for those in need and encouraged me through a challenging
and restorative period at Macedonia, when I served as Interim Pastor.
Despite the guilty plea rendered by Mr. Davis, which demonstrates Ernie has a high level of
personal responsibility, I would like to provide a more in-depth exposure into his character.
Hopefully, Your Honor, you will consider this information while making your decision with
regard to sentencing.
In the Book of Romans 15:1-3, it states,
"We who are strong ought to bear with the failings of the weak and not to please
ourselves. Each of us should please our neighbors for their good, to build them up. For
even Christ did not please himself but, as it is written: The insults of those who insult you
have fallen on me. "
Ernest D. Davis Letter of Support, Page
This biblical passage is characteristic of Ernie Davis, his personal philosophy and approach to
professional life. Over the years, I have witnessed Ernie's selfless desire to improve the lives of
the people in Mount Vernon with tremendous personal sacrifice. I have been in the church and
the community with him as he encouraged young and elderly persons over the last 30 years. He
has especially conversed with youth men who had been incarcerated about improving their lives,
and has provided them opportunities for employment when others had given up on this group of
yo,ung men. As I have the opportumty to engage with him, practically on a daily basis, he is
known to foster goodwill and strive for truth, justice and righteous decision-making.
While none of us are perfect or without error, I have observed Ernie' s acts and judgments as
honorable and fair, especially in an environment where dishonesty and injustice tends to prevail.
During my personal and professional relationship with Ernie, he continuously serves as a drum
major for, and I quote him, by "doing the right thing". These are only some of the personal
characteristics of this man, who professionally operates with the mantra, "People before
Politics". As a result, Ernie sacrifices much of his own personal well-being for the sake of the
most vulnerable in our society. Nevertheless, I know him to be an honor and forthright
gentleman/citizen, who takes responsibility for his decisions and mishaps equally. I have never
experienced or witnessed him perform any intentional ill-will.
Ernie is a loving and devoted husband, father, grandfather, and elder of our community. He
provides wisdom, cultural perspective, inspiration and acts of charity well beyond his personal
family. The personal sacrifices for the good of the community have been without measure. I
and many young men in our church would not be in coliege or have a career had Ernie Davis not
taken time with us. Holistically, Ernie is an upright, honest and responsible citizen. These acts
to which Ernie Davis has pleaded guilty are antithetical to his character, philosophy oflife, and
personal acumen.
I ask for your consideration of the aforementioned as you impose sentence and seek that you are
merciful.
MACEDONIA BAPTIST CHURCH

141 S 9 Ave. Ml Vernon, NY 10550 I t'l 14) 667 233'1 or (914) 667 6691 fax: (914) 667 6 7 15
1h
wW\/\/
macedoniabapt org
SOUTHWEST VETERINARY CLINIC

2369 Campbellton Rd Sw, Atlanta, GA 30311
December 1, 2014
I write this letter in support of my brother, Ernest D. Davis.
As his brother, I am one of only a few people that can say I have known him all my life and nearly all of his.
We have never wavered from the love and support of each other.
When we were growing up, he was my hero. He is almost four years my senior. For many of our formative
years we shared many experiences and thoughts; and we still do.
I comment so many times that he sacrificed too much for people that may not appreciate his efforts and I
felt that he should think of himself more and get on with his life. His reply is always the same - "remember
the sacrifices that grandma and grandpa and mother and father, our aunts and uncles made for us". We
have to give our blessing back; even when those that are recipients may not appreciate it. .. do it anyway, it's
the right thing to do.
My brother has on paper what looks financially valuable, but in reality he is cash poor. Partly because
others have escaped their financial obligations to him, contributing to the condition that he now finds
himself. I feel not paying attention to his own matters as much as he pays to concerns of others, has
divided his attention.
As I pen this letter I think about my brother, the man who finds the time to help others even at great
expense to himself and his family. I pray you will be fair in your sentencing so that he may continue the
good work he does daily.

Respectfully,
wJfut,VV\
MYi C<Mct:
Dr. William McCant, DVM
December 1, 2014

Dear Judge Davison:

I am former Congressman Ed Towns, who served from 1983 - 2012, representing
the 10th Congressional District in Brooklyn, New York I have known Ernie Davis
since our days as undergraduates at North Carolina A&T State University. I write
today on his behalf to express my hope that in spite of his guilty plea, you will
consider some additional information as you prepare pass sentence.
I have known Ernie for over SO years. In that time, I've been impressed with his
ability and his commitment to help people. This was demonstrated during his early
days at NCA&T State University. He volunteered to tutor students there while
maintaining a stellar academic record with no compensation. As I have maintained
this relationship over the years, I've had an opportunity to watch his commitment
and dedication extend to the City of Mount Vernon.
The most prominent example of his largess happened two years ago. A mutual
friend of ours had taken ill. Ernie took it upon himself to coordinate and manage his
care. If it were not for Ernie's interventions, our friend surely would not be here
today.
Overall, he is a man of good character and has demonstrated this throughout his
many years of living. I hope that in the final analysis these things will be taken into
consideration.
owns
ember of Congress
1983-2012

MOUNT ZION CHRISTIAN BAPTIST CHURCH
411 South Eighth Avenue - Mount Vernon, NY 10550
Telephone: 914-667-2079
Fax: 914-667-2944
Reverend Peter Wilson, Sr.-Pastor
Office: 914-667-2218
E-Mail: PastorWilson@mtzioncbc.com
December l, 2014
The Honorable Paul E. Davison
Dear Judge Davison:
I am writing this letter on behalf of and in support of Ernest D. Davis whom I have
known as a friend and whom I have supported for over 40 years.
I moved to Mount Vernon, New York in 1962 from Panola, Alabama. I was ordained into the gospel ministry in 1982 and called as the Pastor of Mt. Zion Christian
Baptist Church ("MZCBC") on October 17, 1982. I currently continue to serve in this
capacity. In addition, after 41 1/2 years, I retired from the Pepsi Cola Bottling Company of New York on January 12, 2004 to devote fulltime to the Gospel Ministry.
I know Mr. Davis grew up in the South and attended North Carolina A& T where I
believe he was groomed to be Community minded. He was a participant of the
sit-ins during that period of civil rights activism and unrest in the 50's and 60's.
When I first met Mr. Davis, he was an employee of the City of Mount Vernon serving
as the City's Commissioner of the Building Department. We have continued this
professional relationship and friendship for over four (4) decades. Indeed, Mr. Davis
was hired by MZCBC in the early 1990's, through his architectural firm, as the architect for the construction of the new MZCBC edifice. In fact, due to his talent in this
profession, Mr. Davis was also the architect for the Grace Towers and the new Macedonia Baptist Church edifice in the City of Mount Vernon.
While he has held other political positions throughout his career, I encouraged Mr.
Davis to seek the position of Mayor following the resignation of Mayor Ronald
Blackwood. He did and won, giving him a platform to develop and implement his
vision for this City and its citizens.
Over the course of his career, I found Mr. Davis to be a very congenial person, always reaching out to others in the Community. He shares his time with the common people in our Community throughout his daily schedule. In addition, he makes
himself readily available to his constituents for walk-in visits to his office.
E-Mail: MtZionChurch@mtzioncbc.com
Website: www .mtzioncbc.com

The Honorable Paul E. Davison
December 1, 2014I
Page2
For example, a woman in the Community, a lifelong resident, had been unable to find
employment for over six (6) years. During this period she lost her health benefits, her electricity and gas were shut off, and finally, she lost her home due to her inability to contribute towards the mortgage payments. When Mr. Davis was made aware of this situation,
he was able to find a position and hired her to work for the City.
In addition, as Mayor he is involved with trying to aid and assist young men in the Community who had been incarcerated by giving them employment opportunities to reestablish
themselves in the workforce. For example, Mr. Davis personally took under his wings a
young man who was also a known alcoholic in the Community. Mr. Davis assisted this
young man in seeking help and assistance for this condition, and supported him throughout the process. Now, this young man has not only been sober for over three (3) years,
but is also gainfully employed by the City, thanks to Mr. Davis
Mr. Davis also reaches out to those in the faith-based community by attending services
throughout the Community and making himself available after the benediction for onthe-spot discussions with anyone and everyone who desires to speak with him. Indeed, on
those occasions when Mr. Davis visited MZCBC I have observed him patiently and sincerely engaging in conversation with parishioners despite being on a tight schedule for his
next appointment. Consequently, as the Mayor of this City, I observe and believe him to
be accessible to all who care to share their concerns ...whether property owner or entrepreneur or apartment dweller.
He has been called tough over the years but he is fair. And, despite his toughness, he is
one of the most congenial and friendliest persons I know. In fact, I have walked the campaign trail with him on numerous occasions. Not only do his constituents know him, but he
knows them by name and their familial relations . He is a man who cares about the people he serves.
I am appealing to you for leniency in your decision with respect to Mr. Davis. Leniency
would be in the best interest of not only Mr. Davis but the City of Mount Vernon.
As I have shared with Mr. Davis, I a m praying and will continue to pray on his behalf.
Sincerely,
~i_j~<;fl.
Reverend Peter Wilson, Sr.

Letters in Support of Criminal Mayor Ernie Davis

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Case 7:14-cr-00679-PED Document 7-17 Filed 02/03/15 Page 1 of 1

Honorable Paul E. Davison

Dear Judge Davison,

Case 7:14-cr-00679-PED Document 7-10 Filed 02/03/15 Page 1 of 2

December 12, 2015

Mayor Ernest D. Davis

Dear Judge Davison,

Upper Manhattan Empowerment Zone Development Corporation, an entity whose

Case 7:14-cr-00679-PED Document 7-10 Filed 02/03/15 Page 2 of 2

As an economic development professional, I also know, firsthand what the

Case 7:14-cr-00679-PED Document 7-11 Filed 02/03/15 Page 1 of 3

Honorable Paul E. Davison

Case 7:14-cr-00679-PED Document 7-11 Filed 02/03/15 Page 2 of 3

corridor is now a flourishing shopping corridor with many

Case 7:14-cr-00679-PED Document 7-11 Filed 02/03/15 Page 3 of 3

the Citizens of Mount Vernon and the office of the Mayor

Case 7:14-cr-00679-PED Document 7-12 Filed 02/03/15 Page 1 of 2

Case 7:14-cr-00679-PED Document 7-12 Filed 02/03/15 Page 2 of 2

Document 7-13 Filed 02/03/15 Page 1 of 2

Curt Stewart's Desk

Document 7-13 Filed 02/03/15 Page 2 of 2

Case 7:14-cr-00679-PED Document 7-14 Filed 02/03/15 Page 1 of 2

FERRANDINO & ASSOCIATES INC.

Dear Judge Davison:

Case 7:14-cr-00679-PED Document 7-14 Filed 02/03/15 Page 2 of 2

Case 7:14-cr-00679-PED Document 7-15 Filed 02/03/15 Page 1 of 2

615 7th Stteet NE, Unit 2,

Case 7:14-cr-00679-PED Document 7-15 Filed 02/03/15 Page 2 of 2

Case 7:14-cr-00679-PED Document 7-16 Filed 02/03/15 Page 1 of 1

November 28, 2014

Case 7:14-cr-00679-PED Document 7-17 Filed 02/03/15 Page 1 of 1

Honorable Paul E. Davison

Dear Judge Davison,

Case 7:14-cr-00679-PED Document 7-18 Filed 02/03/15 Page 1 of 1

December 15, 2014

Case 7:14-cr-00679-PED Document 7-19 Filed 02/03/15 Page 1 of 3

Honorable Paul E. Davison

Dear Judge Davison:

Case 7:14-cr-00679-PED Document 7-19 Filed 02/03/15 Page 2 of 3

I have not been importuned to write by Mayor Davis or by Mr.

Broadcasting First Amendment Advocacy Publishing

Case 7:14-cr-00679-PED Document 7-19 Filed 02/03/15 Page 3 of 3

I mention all this, Judge Davison, only by way of assuring you I

confinement or incarceration for Mayor Davis is even on the

0 ' $ ..~-, ......,.......,

Broadcasting ~ First Amendment Advocacy ~ Publishing

Case 7:14-cr-00679-PED Document 7-1 Filed 02/03/15 Page 1 of 2

Case 7:14-cr-00679-PED Document 7-1 Filed 02/03/15 Page 2 of 2

Case 7:14-cr-00679-PED Document 7-20 Filed 02/03/15 Page 1 of 1

-1Jeffrey Shah Holliday

Mount Vernon, New York -

Honorable Paul E. Davison

Mayor Ernie Davis showed

Case 7:14-cr-00679-PED Document 7-21 Filed 02/03/15 Page 1 of 2

Honorable Paul E. Davison

Case 7:14-cr-00679-PED Document 7-21 Filed 02/03/15 Page 2 of 2

Case 7:14-cr-00679-PED Document 7-22 Filed 02/03/15 Page 1 of 1

Love Holds Life, Inc.

On September 2013, LHL sponsored its eighth child, ~

C.c. Chief Judge Loretta A Prcska

Case 7:14-cr-00679-PED Document 7-23 Filed 02/03/15 Page 1 of 3

licbrcw 1'Jsraclitc ([.ungrcgntiott

\Vhitc Plains. N~w York 10601-.:+ 150

in Mt. Vt!mon I v.ias able to play a major rok in the k>cai