Selected Excerpts From the Book:

Another question arises here, why had Assistant Commissioners Gregory and Stanton not been questioned, under oath, about their knowledge of the problems with the radios, and their knowledge of the facts surrounding the initial set up of a $2.9 million contract and then spending in excess of $14 million of New York's taxpayer's dollars? The documentation exists, which shows the City of New York did pay at least $14 million to Motorola for those radios. We do not know if the EMS radios that were purchased have been added into that number, nor do we know how much more, if anything, the City of New York has paid Motorola since the $14 million was paid.

In his book, Von Essen, when speaking about the fact that the radios, which were purchased and pulled from the field while he was the Commissioner, said, "The fact that they weren't in the field by the summer of 2002 was unconscionable. We feel the fact that they weren't in the field by September 11th, 2001 was unconscionable. Why they could not be issued is why we feel an investigation is called for at this late date." - Page 108

Von Essen said, "In the spring of '99, we began TESTING procedures, during final radio configuration and operational functionality."

We are not sure what Von Essen claims to have been testing, because the first shipment of consumer available XTS3500 ™ radios was not received by the FDNY until December of 2000. It is hard to test a radio before you actually have the production models. - Page 112

If they were such "good radios", as Von Essen said, why were New York's firefighters and officers forced to carry 10 to 18 year old radios, that had failed at the World Trade Center eight years earlier, into the World Trade center again on September 11th, 2001 while the "good radios" sat in a warehouse somewhere? We cannot help but wonder where Von Essen received his information that allowed him to say they were "good radios".

There was no field testing done with those radios prior to their being issued and they'd been sitting in a warehouse since they were pulled from the field, less than a week after being issued. So where was Von Essen getting his information that these were "good radios"? On what information was Von Essen basing that statement to the City Council? Where are the results of any testing, from any source, which would lead someone to believe that the XTS3500 ™ radios could be called "good radios"? The only reports we have seen, and there are a number of these reports, each list numerous complaints with the radios. - Page 121

In his memo ordering the removal of the XTS3500 ™ from the field, less than a week after it was first issued, Chief Nigro wrote on March 20th, 2001, to the members of the FDNY and Nigro says the most reported problems were unreceived messages, but on April 10th, 2001, in front of the City Council Committee that was investigating the activities of the top administrators of the FDNY, it suddenly became "a delay" and "an echo". - Page 132

It turns out the FDNY bought radios for one price, without a competitive bid, and that contract was raised, both in numbers and prices. Von Essen admits he violated long established Research and Development rules, as far as his and the department's not having the testing done before the radios should have been issued. Von Essen knows the City Council has found out he has avoided having the radios tested, he knew that Assistant Commissioner Gribbons admitted that the contract went from $2.9 million to as much as $14 million (and possibly much more) and from 750 radios to 3,818 radios. Von Essen further knows he claimed there were no reported problems with the radios for the week of March 14th, 2001 through March 20th, 2001 and yet Von Essen knows there are numerous reports from top fire department officers, who detail many problems. He spends most of his above answer talking about testing a radio system, which he knows was investigated and found to be lacking in 1997. He knows those radios have been replaced with millions of dollars in new radios, the purchase of which he was deeply involved in, yet he says he wants to focus an investigation onto that old system, rather than the $14 million dollar system that was sitting in a warehouse, bought when he was the Commissioner. This was despite the fact that those radios were unable to be issued because of the problems reported when they were first used. - Pages 134-135

The Uniformed Fire officers Union passed a "no-confidence" resolution against Von Essen and formally requested his resignation to the Mayor, who took no action.

Von Essen said in his book, that he knew people across the country would know that the chiefs of the FDNY had no confidence in him as the Fire Commissioner. Von Essen makes the curious claim that he knew some people would believe that such an action, as was taken by the chiefs of the department against him, was a badge of honor for Von Essen. He then says he cared too much about the terrific officers of the department to feel any pride in having his officers and chiefs condemn him. We must admit that Von Essen's "logic" in that statement eludes us. - Page 136

Remember, those same radios, which cost the city and the taxpayers as much as $14 million or more and for which there never had been an approved contract, nor any competitive bids sought, were in the possession of the FDNY nearly a year before September 11th, 2001, but because of the problems experienced when they were first issued, those radios were sitting in a warehouse on that day. The FDNY firefighters and officers used old radios that were unable to receive the evacuation orders, given twice, to get out of the towers. - Page 138

There is another point that does not go unnoticed by the firefighters, officers and chiefs of the FDNY in watching that footage. At one point, after both planes had struck the World Trade Center you can see Commissioner Von Essen in the lobby of the building. As the Fire Commissioner, he had no command position at a fire scene, and was merely observing what was happening. Those he commands are all over the huge lobby making ready to go up into the towers. A person approaches Fire Commissioner Thomas Von Essen and says to him, "Tommy, there are reports another plane is on the way."

Commissioner Von Essen can then be seen heading out of the building almost right away and in the remaining footage it is clear Von Essen made his exit. perhaps to the firefighters who already dislike Von Essen this is more significant than to the public. The firefighters, who were no doubt frightened and not sure what was happening made their way up into those towers to save lives and help people. Thomas Von Essen made his way out of the building after hearing a new warning, which the firefighters never heard.

Perhaps unfairly, to those firefighters who saw that footage and virtually all New York firefighters did see that footage, it was just one more item about Von Essen that lowered their opinion of the man. - Page 142

After the problems started being reported Motorola said the current digital radio system DID NOT GUARANTEE COVERAGE INSIDE MANY MAJOR STRUCTURES, INCLUDING SHOPPING MALLS, HOSPITALS AND HIGH RISE OFFICE TOWERS! And yet the FDNY continued to use Motorola radios, which did not guarantee coverage in the World Trade Center eight years after their radios failed to perform adequately in the first terrorist attack in 1993. A Motorola spokesperson said they believe their radio technology is sound. Contained within that same newspaper article Motorola's personnel said early glitches arise while building sophisticated networks but are usually resolved quickly. - Page 150

We find it disturbing that the Mayor of New York, Rudy Giuliani and his Director of the Office of Contracts either knew or should have known that a requirement contract was being used to justify the purchase of unlimited quantities of radios at unrestricted prices, especially in light of the fact that those radios had enough problems that the Fire Commissioner had to order them pulled from service. That fact that Von Essen, Best, Giuliani and Fitzpatrick have never been questioned under oath about that issue and that they have not had every single applicable document subpoenaed, is inexcusable. - Page 169

Despite the fact that the Fire Commissioner himself stated on April 10th, 2001, that he was unhappy with the amount of testing that had been done with the radios before they were issued, in an article dated march 26 2001 in Newsday (page A-13 written by Herbert Lowe), Mayor Rudy Giuliani was quoted as saying, "This isn't about reality. This is because the union is bitter over the fact that the Commissioner had to discipline a few people and they are being petulant." - Page 176

We have not found any testing and evaluation that was ever done on the XTS3500 ™ radios. Commissioner Von Essen himself admitted to the City Council Hearing that the radios were not tested or evaluated. Who told Stanton the XTS3500 ™ radios had been "tested and evaluated"? Had anyone told Assistant Commissioner Stanton that the "XTS3500 ™ radios had been tested and evaluated?" Did Commissioner Stanton just make up the fact that the radios the members of the FDNY would be entrusting their lives to for many years into the future, had been "tested and evaluated"? - Page 183

In his June 19th, 2001 letter to Comptroller Hevesi, Ken Denslow, Senior Vice President of Motorola says, "However, although several major cities are current users of the XTS3500 ™ radio, none of these cities has authorized Motorola to announce the use of these radios. Hence, we are unable, due to the confidentiality restrictions contained in our contracts with those customers, to provide you with any details."

However, on April 10th, 2001 a scant two months before the above statement, Mr. Denslow testified in front of the New York City Council Committee, "Now, what departments are using them the same exactly a the New York City Fire Department? I really can't answer you.

Now when you move to the 3500R, that is a brand new model that came out on August of 1999. So, the majority of those radios that have been purchased have been purchased by the New York Fire department, because it is a relatively new radio and normally when you deal with public safety agencies, there is a big process and there is procurement procedures that usually take 12 to 18 months, so it takes a while for the product to get into the mainstream."

The above statements seem to conflict with each other. - Page 212