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January 2008
January 20, 2008
A Hero Finally Recognized
Dear Friends, Family and Colleagues:
As many of you know, for years our family has been waging a battle with the federal government – specifically, the U.S. Department of Justice (DOJ) – to grant my late brother Glenn “line of duty” status as a rescuer who perished on September 11, 2001. Despite all the well deserved recognition Glenn has posthumously received from many local, state and national organizations and government officials, the DOJ fought us at every turn, initially based on a technicality that had long since been satisfied. Each time the DOJ denied Glenn we took it up the ladder and won, only to face another bout as the DOJ continued to resist this important federal recognition.
Last week we received the terrific news that the battle has finally ended in Glenn’s favor. The DOJ dropped its intended appeal of a June 2007 decision by the U.S. Court of Claims in Washington, DC, that had ruled strongly against the DOJ and recognized Glenn’s line of duty status. The United States of America will now finally join those who have known better all along.
Lots of articles and editorials have been published about the case over the last several days. Three worth reading are pasted below, the first a New York Times column from Jan. 17 by the terrific journalist Peter Applebome. The second is an editorial in the Jan. 18 New York Daily News, which calls on President Bush to award Glenn the “9/11 Medal of Valor.” Yesterday, Senator Hillary Rodham Clinton wrote to President Bush asking him to honor Glenn with that Medal. The third is an editorial from yesterday’s Journal News.
The list of those who have stood by our family in this fight for Glenn’s honor is too long to mention all here, though I must mention some. The support from so many has been extraordinary, touching and much needed.
I can tell you that it is unlikely we would have succeeded without the very special skills and care provided by our brilliant, unrelenting attorney, Andrew “Duke” Maloney III of the top 9/11 law firm Kreindler & Kreindler LLP. Duke is an accomplished volunteer firefighter in his own right, a terrific counselor and a good soul. He spent countless hours skillfully navigating this case, and was supported by his partners and the whole firm (thanks Orla, Genie and Christine!) as it unfolded over the years. At the outset Duke promised me he would never give up the fight, and he never did – committing to go all the way to the U.S. Supreme Court if necessary. It almost was. He is a remarkable person and attorney. To Duke, “what’s right is right.” He so reminds me of Glenn.
By now, most of you have come to know that Glenn’s law firm, Holland & Knight, is very special. We should all be as lucky as Glenn was to work with a group of people like those at H&K. The firm’s leadership graciously understood why it made sense for Duke to handle this one for Glenn, while they supported the effort and Glenn in so many others ways that it is truly astounding.
U.S. Congressman Peter King (and his chief of staff Kevin Fogarty), Senator Clinton (and one of her top aides, Christine Falvo) and former FDNY Commissioner Thomas Von Essen lent extraordinary support to Glenn’s case in numerous ways, and our family will be forever grateful. Additional political support came from Senator Charles Schumer’s office, former Governor George Pataki, NYS Assemblyman Charles Lavine, NYS Senator Carl Marcellino, the rest of the NYS Legislature and others. Many insightful, talented journalists, including David Caruso of the Associated Press, Alex Bolton of The Hill, Ernie Naspretto of the NY Daily News, Susan Edelman of the NY Post, and Barbara Nackman and Tim O’Connor of the Journal News, helped keep the political and public pressure on with their reporting about Glenn.
Glenn’s dear friend and fellow firefighter John Navaretta joined Commissioner Von Essen in providing compelling, credible testimony before the wise DOJ-appointed hearing officer Daniel Skoler. Mr. Skoler made the original judgment in Glenn’s favor years ago, only to be overturned by the DOJ and then vindicated by the federal court. The Jericho Fire Department (including Glenn’s close bud Andy Sausmer), the Jericho Board of Fire Commissioners (including Glenn’s friend Mike Milner) and their legal counsel, Joe Frank, all came to provide critical support to Glenn at crucial moments in the case. Former Jericho Fire Chief John Lottes endorsed Glenn’s line of duty status firmly, without hesitation and early on. FDNY EMT Joe Sanders, who discovered Glenn’s remains at Ground Zero in March 2002, also played a key role in securing Glenn’s line of duty status. David Paine, my co-founding partner in myGoodDeed, and our fellow board member, Fred Dombo, helped build NY, DC and national support for Glenn in numerous ways.
My dear wife Carolyn led an army of friends and family we are blessed to have and whose unwavering support, counsel and sensibility made it possible for us to wage this pursuit of justice for Glenn. Carolyn has been a tower of strength for my parents and me, and she is an exceptional advocate for a lost brother-in-law she truly loved. My father-in-law Irwin Schwartz and his longtime love Dee Lasker provided much needed support to my parents and us as well.
I’ll stop with the names and thank yous here, knowing that my attempt at expressing my gratitude, and the list of those to thank, can never be complete. I know the minute I hit the “Send” button I’ll realize several other names that deserved inclusion. To those of you I have mentioned and to those I have not, please know that with your continued care and friendship you have done one of September 11th’s true heroes proud. Anyone who knew Glenn knows that he would have stopped at nothing to ensure that justice was done. Read his story below. He was just that kind of guy. So this victory is a fitting tribute to him. My brother was certainly not perfect. But we can all learn something from the way Glenn lived his life and the way he died. I know I have.
Sincerely,
Jay
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January 17, 2008
Our Towns
Honoring the Brave and the Rare
JERICHO, N.Y.
Glenn J. Winuk was last seen on the morning of Sept. 11, 2001, donning emergency equipment and running toward the World Trade Center. His body was not found until March 2002, near those of other rescue workers in what was once the lobby of the south tower.
Recovery workers found in his wallet a card identifying him as a member of the Jericho Volunteer Fire Department in the Long Island town where he grew up. He was wearing surgical gloves, either wearing or holding a stethoscope and was found beside an E.M.T. bag.
Why it took five years for the federal government to conclude that he was, in fact, a first responder who died in the line of duty is one of those mysteries of the bureaucratic world that defy simple explanation. Cold hearts? Legalism taken to the extreme? Worries about precedent?
Hard to know.
But along with providing a sense of comfort and relief to his family and friends, the decision by the federal Department of Justice to drop its appeals and recognize his sacrifice is an important reminder of the real nature of the slender web of protection that surrounds us all.
Sure, that web includes the professionals of the N.Y.P.D. and the F.D.N.Y. But there are also volunteers like Glenn Winuk, a partner at a big New York law firm, who get this work in their blood and never quite let it go.
Despite our urge to honor all the dead, not everyone who perished on 9/11 was a hero. But if the term fits anyone, it fits Glenn Winuk. Mr. Winuk, who worked near the two towers, at 195 Broadway, had been through this before — during the 1993 attack on the World Trade Center. When he heard the alarms on 9/11, he first helped evacuate the building he worked in. Then, as everyone else rushed away from the towers, he ran toward them, gained clearance available only to rescue workers and was never seen alive again.
The federal Public Safety Officers’ Benefits Act awards $250,000 to the families of public safety officers — professional and volunteer — killed on the job, and when the officials contacted them, his family was led to believe he would surely be covered and honored for his sacrifice.
But, it turned out, there was a catch.
Mr. Winuk, 40, had been trained as a firefighter and an emergency medical technician, and had worked with the Jericho department for 19 years. But in 1998, he had changed his status from an active member doing regular shifts to an associate member because he was living in Manhattan and couldn’t volunteer as often as he liked.
He kept up his skills and certification, periodically answered calls, and traveled with his E.M.T. bag. If nothing else, his actions on 9/11 demonstrated how he saw himself.
BUT to the amazement of his relatives, officials said that, sorry, the law applies only to active members. He was not covered.
Stunned, they tried various appeals, which crawled along for years. In September 2005, an independent hearing officer, Daniel Skoler, ruled in the family’s favor, saying Mr. Winuk should receive the designation and death benefit. And the state Legislature changed his status to active.
The government reviewed the situation for a year and then rejected Mr. Skoler’s ruling and denied Mr. Winuk the recognition again.
The family, represented by a lawyer, Andrew J. Maloney, who himself was a volunteer firefighter, then filed a complaint in federal court. In June 2007, Judge Marian Blank Horn of the Court of Federal Claims in Washington ruled that the Justice Department had wrongfully denied the Winuks’ claim.
Undeterred, the government filed a notice of appeal in August. Last week, it was withdrawn. Finally, the case was over.
To his family, it’s simple justice and recognition at last.
“My parents are very pleased,” said his brother, Jay S. Winuk. “It’s truly bittersweet. There’s no elation in something like this. But we feel good about anything that recognizes Glenn’s great sacrifice, that shows he’s getting his due. That’s as much as we can do for him.”
Actually it’s not so simple. Given the universal shortage of time in modern life, there aren’t nearly enough people who manage demanding jobs and volunteer as emergency medical technicians or firefighters as well.
The government might worry about setting a precedent that would allow other non-active-duty responders to file a claim. But, that’s the least of our fears. Mr. Maloney, the lawyer, said the purpose of the statute was to encourage service, and its wording was clear that it should be interpreted broadly, not through a narrow legalistic lens.
After all, there aren’t many of us who rush toward a catastrophe instead of away from it. The problem will never be having too many people like Glenn Winuk. It will be having enough.
E-mail: peappl@nytimes.com
NY Daily News
“A presidential duty”
(editorial, January 18, 2008)
At last, decency has prevailed. The federal government has recognized the sacrifice of a volunteer firefighter who died in the World Trade Center rubble.
Glenn Winuk was an emergency medical technician, an associate member of the Jericho, L.I., department and a full-time attorney. He was working at his firm downtown when the planes hit. Carrying a medical bag, he raced to Ground Zero and ran into the south tower. His body was found next to those of city firefighters.
Winuk's parents applied for death benefits under the Justice Department's Public Safety Officers' Benefits Program, a fund set up for rescue workers killed in the line of duty. The feds denied the claim, arguing callously that an associate member of a volunteer force didn't qualify.
The Winuk family was forced to appeal and to sue and to appeal some more. Even though the fund had awarded benefits to survivors of retired firefighters. Even though Winuk is listed on the New York State and national firefighter memorials. Even though a plaque at Engine 10/Ladder 10 honoring the 343 FDNY members killed on 9/11 - paid for by Winuk's law firm - is dedicated to his memory.
Finally, pressured by lawyer Andrew Maloney, the feds did the right thing. They stopped stonewalling. Winuk's parents are in line for a $250,000 benefit.
They are owed more. In 2005, President Bush awarded posthumous Medals of Valor to the survivors of 442 firefighters, police officers and other rescuers who died on 9/11. He should now do the same in honor of Glenn Winuk.
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Another 9/11 hero In the face of overwhelming evidence that Glenn Winuk's death came in the line of duty at the World Trade Center, the Department of Justice kept up a battle to deny that circumstance. Finally, after five years of contrarianism, the feds have ended their opposition. The Winuk family is now eligible for a $250,000 death benefit. Even more important, Glenn Winuk's sacrifice as a firefighter and emergency medical technician can be fully acknowledged. It has been a most unnecessary wait. The veteran volunteer, whose brother Jay Winuk lives in Mahopac, was a lawyer in his day job, a partner at Holland and Knight in lower Manhattan. The morning of Sept. 11, 2001, he grabbed a medical bag and rushed to the twin towers. He was wearing surgical gloves and a stethoscope when he died in the collapse of the south tower. The Jericho, L.I., fire chief, with whom Winuk served, certified that Winuk was representing the department at WTC. State lawmakers passed a statute declaring that Winuk died in the line of duty. New York City's former fire commissioner, Thomas Von Essen, called Winuk "a true fireman." None of that was good enough for Washington. DOJ declined the "line of duty" designation and the $250,000 federal death benefit that comes with it. The reason? Winuk had let his full-duty status in the Jericho Volunteer Fire Department on Long Island lapse in 1998. It didn't matter that he remained an "associate member" of his department and an EMT as well. It certainly should have - just as it mattered to those assisted by Winuk on that September morning. Not insignificant is how others in the firefighting community viewed Winuk's efforts. His name is listed with all state line-of-duty deaths on the New York state Fallen Firefighters Memorial in Albany, a listing that is carefully scrutinized at the state level. Welles Remy Crowther, a volunteer firefighter with Empire Hook and Ladder of the Nyack Fire Department who became known as the "man in the red bandanna" for his heroic efforts on 9/11, is also named on the state memorial. He, too, elected to be "on duty" on 9/11. Many are eternally grateful for his decision as well. Winuk shouldn't have been made to wait for his due; likewise his family. He has always been a true hero to us.
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Jay S. Winuk
Winuk Communications, Inc.
25 Brian Court
Carmel, NY 10512
845-277-1160
914-523-3227 (c)
845-277-1168 (f)
