YONKERS, NY – July 14, 2020 — “This complaint is hereby submitted as an official request that Mr. Heusler be charged and arraigned under New York State Penal Code §240.26(3) Harassment in the Second Degree. Pursuant to New York State Penal Code §240.26(3), a person is guilty of Harassment in the Second Degree when, with the intent to harass, annoy or alarm another person, he or she engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose. Penal §240.26(3)
“Mr. Heusler has attempted to hide behind the First Amendment to engage in harassing behavior as an online blogger because I launched a Yonkers City Court Judicial campaign against his friend, Yonkers City Court Judge Thomas Daly. Additionally, Mr. Heusler’s lack of understanding of the First Amendment has resulted in published online blog posts that include allegations, untruths and speech that are not protected under the law. Mr. Heusler acted with the intent to cause emotional distress and to create a distraction from my campaign efforts. Moreover, Mr. Heusler’s harassment caused me embarrassment, anxiety and the inability to sleep. Additionally, I had to devote time from my campaign to document his harassment, and to respond to his allegations, including this complaint. Additionally, members of the Yonkers Police Department came to my residence because the Second Precinct was closed to the public because of COVID-19. This caused further embarrassment because my neighbors were able to see me conversing with the officers without full knowledge of the reason for their presence.
”Moreover, when Mr. Heusler is formally charged and arraigned, I request a change of venue outside of Westchester County citing Mr. Heusler’s relationship with Yonkers City Judge Thomas Daly and various members of the Yonkers Democratic Party, and their political connections throughout Westchester County.”
SOURCE: Judge Karen Best