8/14/2019 NY B16 9-11 Calls Fdr- 5-19-04 Matsis Letter Re WTC and Helicopter Rescues 086

1/4

DEMOSTHENES MATSIS9/11 Personal Privacy

May 19, 2004CommissionersThe National Commission On Terrorist AttacksUpon The United States301 7th Street, SWWashington, D.C 20407RE: Turf Wars and Official Malfeasance

In The Response To The 9-11 AttacksCommissioners:

By 9:37:35 A.M. on September 11, 2001, a jet fighter waswas patrolling the Manhattan airspace after the terrorist attackon the World Trade Center ["911 Log of Terror," The Daily News,September 30, 2001, page 7J.

Between 9 A.M. and:.,.. 1 1 A.M., above my home, a policehelicopter hovered in place at 89th Street, off the Hudson River,while six miles away the two towers of the World Trade Centerwere in flames and 1,100 survivors of the initial impacts werelocked behind the roof doors of the stricken towers, and noattempt to rescue them with the six available, ten passenger,police helicopters was undertaken ["Fighting To Live As TheTowers Died: The History From Messages of Victims," The NewYork Times, May 26, 2002, page 22].THE FIRE CHIEF'S TURF BATTLE

In a March 25, 1993 letter to Mayor Dinkins the New YorkCity Fire Chiefs Association ferociously denounced the Mayorand his Police Commissioner for their helicopter rescue of28 medically impaired people who had evacuated to the rooffollowing the February 26, 1993 terrorist bombing of the basementof the WTC North Tower.

Thereafter a "1994 Response Protocol" was accepted by MayorGiuliani, and the Police Department,which barred the use ofhelicopters to do rescues until a request was made by the FireChiefs ["No Escape: Could Helicopters Have saved People ...,"Wall Street Journal, October 23, 2001, page A-14 (4)].

Deputy Chief Peter Hayden, who was in charge of the FireDepartment's command post in the North Tower Lobby on Septem-

8/14/2019 NY B16 9-11 Calls Fdr- 5-19-04 Matsis Letter Re WTC and Helicopter Rescues 086

2/4

ber 1 1 , 2001, said that he and other department brass made adecision to begin withdrawing firefighters from the Towerminutes after the second plane crashed into the South Towerat 9:03 A.M. ["Radios Hindered Bravest," The Daily News,December 19, 2001, page 5].

Despite the limited risk from an accidental rescuehelicopter crash and the additional debris, and despite thecancellation of the "internal rescue option" by the fire Chiefs,neither the Chiefs, nor the Fire Commissioner, nor Mayor Giulianirequested a police helicopter rescue as a last resort.In light of the fact that the Los Angeles Fire Departmenthas its own six-helicopter rescue wing, and in light of thefact that helicopters have rescued workers from burning oil-rigs in the darkness of night and smoke, and heat, The September

1 1 , 2001 adherence to a limited respoRser Protocol, i.e.,internal evacuations only, was a reckless disregard for life.THE PORT AUTHORITY'S TURF BATTLE

During the February 26, 1993 bombing of the WTC, personnelof the NYPD Aviation Unit had to pry open the roof door of theNorth Tower and had to clear away sub-antennae to permit alanding. After the emergency, the private and rogue Port ofAuthority of New York and New Jersey rejected a Police Depart-ment recommendation that a portion of the one acre roof be keptclear.The Port Authority replaced the sub-antennae and relocked

the roof-doors at both WTC Towers without installing an insidepanic-bar lock release which could have been monitored by alocal alarm and/or by the Port Authority's 22nd floor controlroom. ["No Escape: ...," Supra, October 23, 2001, page A-1(2) and page A - 14 (4).] Neither Mayor Giuliani, nor the NYCBuildings Department, nor the Fire Department pressed the PortAuthority as to the legality of its Building Code Violationand its criminal recklessness was allowed.THE MAYOR'S TURF BATTLE

In 1997 former Mayor Giuliani transferred responsibiltiyfor major NYC emergencies from the Police Department to theMayor's Office of Emergency Management.On June 7, 1999 Mayor Giuliani opened his $13 millionEmergency Crisis Center at 7 WTC, and the Mayor thereby renderedsuperfluous the established Police Crisis Center located atthe nearby Police Headquarters Building at One Police Plaza.

8/14/2019 NY B16 9-11 Calls Fdr- 5-19-04 Matsis Letter Re WTC and Helicopter Rescues 086

3/4

On January 2000 Mayor Giuliani replaced Police CommissionerHoward Safir with his personal hand puppet, Bernard Kerik.["Police Dept. and Emergency Agency Seem To Be In Turf Wars,"The New York Times, December 24, 1999, page B-1 . ]THE POLICE TURF WAR RESPONSE

NYPD Aviation Officer Greg Semendinger, a veteran of the1993 WTC roof-top rescues stated that the wind kept the smokecleared from a corner of the North Tower right up to the timeof its collapse at 10:28 A.M. on September 11, 2001, andsurvivors could have safely gathered there and been rescued.["No Escape: ...," Supra, page A-1, Par. 11.]

At 9:06:41 A.M., after the Fire Department's 9:03 A.M.cancellation of the internal rescue operation, and when norequest for a police-helicopter rescue was made by the FireChiefs or the Mayor, in deference to the 1994 Response Protocol,Police Air-Sea Unit Number 14 reported to 911 Dispatchers thathe was unable to land on the roof.

Although the Fire Chiefs and the Mayor had ended rescueoperations, as late as 10:12:35 A.M. a male survivor called911 Dispatchers for help ["911 Log ...," Supra, page 7].THE 9-11 AFTERMATH

The Port of Authority of NY/NJ policies and practicescontinue to be jurisdictionally immune from public oversight,and the victims of the WTC collapse and the country paid theemotional cost and legal price of its recklessness. The Towersthat will replace the WTC will have a spire and no roof orhelipad.

Fire drills helped sone 24,700 survivors below the impactof the plane crashes evacuate themselves. Rank-and-fileFiremen, by internal rescue, helped some 300 survivors belowthe crashes evacuate. The Fire Chiefs, the Police Commissioner,and Mayor Giuliani, the principal incident commanders, couldhave rescued the 1,100 guests, workers, and mothers and fathersabove the crash impact, but they saved none.On 9-11 the Al Queda enemy made an extraordinary attack

on the World Trade Center, and an extraordinary response wasrequired by the City's Incident Commanders. Sadly, The FireChiefs began a general retreat at 9:03 A.M. without trying analternative response by way of police helicopters for the purposeof escape evaluation and rescue. Neither Mayor Giuliani, norPolice Commissioner Kerik stepped up to order police helicoptersto evaluate the upper stairwells and to make rescues.

8/14/2019 NY B16 9-11 Calls Fdr- 5-19-04 Matsis Letter Re WTC and Helicopter Rescues 086

4/4

Former Mayor Giuliani and his Commissioners will have tolive with their scandalous response and retreat.

The current Commissioners Scopetta and Kelly offer littlemore by way of a future "full" response.

Sincerely submitted for your consideration.

cc: Mayor Bloomberg