Justice Stephen G. Crane papers on the Bernhard Goetz trial and other cases
Call Number
Date
Creator
Extent
Language of Materials
Abstract
Trial docket books (1981–2000) and clipping and subject files (1982–1991) of New York Criminal Court and Supreme Court Justice Stephen G. Crane, who presided over the sensational trial of Bernhard Goetz, the so-called "Subway Vigilante." Goetz, a white electronics engineer, shot four African American youths who asked him for money aboard the No. 2 train on December 22, 1984. He was acquitted of attempted murder, but found guilty only of illegal possession of a handgun. The collection includes a 9,505-page transcript of the proceedings of The People of the State of New York v. Bernhard Goetz (1986–1987), plus two artifacts signed by the trial participants—the judge, jurors, attorneys, court officers and reporters, and the defendant himself.
Biographical / Historical
Cornell Law School graduate Stephen G. Crane (J.D., 1963) practiced law in New York City from 1963 until 1981, when he became a Judge for the Criminal Court of the City of New York. Crane was appointed Acting State Supreme Court Justice in 1984, and served in that position through 1989, during which time he presided over the controversial trial of so-called "Subway Vigilante" Bernhard H. Goetz. Crane became a Supreme Court Justice in 1990, and served as Administrative Judge of Supreme Court, Civil Branch for New York County from 1996 until 2001. That year, he was designated an Additional Justice for the Appellate Division, Second Department, and in 2005 was officially designated as an Associate Justice for that Court. He was promoted to Senior Associate Justice for the Appellate Division, Second Department in 2008, the year he retired.
On December 22, 1984, Bernhard Goetz, a white, 37-year-old electronics engineer riding the No. 2 subway, shot four African American youths—Barry Allen, Troy Canty, Darrell Cabey, and James Ramseur—who asked him for money. Goetz was indicted for attempted murder, and his subsequent trial brought intense debate to the subjects of self-defense and public safety. Some members of the public painted the shooter as a hero fighting the dangers of urban crime. Others viewed him as a depraved vigilante whose excessive force was racially motivated. Although Darrell Cabey was left paralyzed and brain-damaged by the shooting, Goetz was acquitted of attempted murder, and found guilty only of illegal possession of a handgun. He was sentenced to a year in prison (he served eight months at Riker's Island) and five years' probation.
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This note is adapted from Justice Stephen G. Crane's biography on the website of the Historical Society of the New York Courts (https://history.nycourts.gov/biography/stephen-g-crane/) and Robert Sanger Steel's entry on "Bernhard Hugo Goetz" in The Encyclopedia of New York City, 2nd ed. (New Haven, Conn.: Yale University Press, 2010), 514. For a chronology of the Goetz shooting and trial, see the Wikipedia article 1984 New York City Subway shooting.
Arrangement
The collection is organized in four series:
- Series I.
- Trial docket books, 1981–2000
- Series II.
- Clipping and subject files, 1982–1991
- Series III.
- People v. Goetz trial transcript, 1986–1987
- Series IV.
- People v. Goetz trial artifacts, 1987
Scope and Contents
Aside from the trial docket books in Series I, which record proceedings heard by Justice Stephen G. Crane in the Criminal Court of the City of New York (1981–1983) and New York State Supreme Court (1984–2000), the bulk of this collection centers on the criminal trial of "Subway Vigilante" Bernhard Goetz (1985–1987). Series II includes subject files on various aspects of The People v. Goetz, containing such material as handwritten notes, photocopies of laws and precedents, court documents, and scattered correspondence. More focused correspondence—much of it from interested members of the public who offered Crane their opinions both for and against Goetz (in sometimes racially-tinged language)—may be found in Box 6, Folders 1–8. And extensive newspaper clippings on the Goetz case, trial, and sentencing, may be found in Box 5, Folders 8–47. A copy of the official 9,505-page trial transcript fills three record cartons and provides minute coverage of the proceedings; see Box 8, Folder 1 for a detailed table of contents and an index to witness testimony. The collection also includes two unusual, autographed mementos of the Goetz trial (see Series IV). One, a 108-inch-long computer printout, presents the jury's admonition or oath with an inscription "To Justice Stephen G. Crane with respect and admiration" and signatures of the jurors and alternates. The other, a remnant of the jury box from the courtroom at 111 Centre Street, Manhattan, where the Goetz trial took place, is a 99-inch-long wooden plank signed by all the participants (excluding the victims): the judge, the jurors, their alternates, the attorneys, court officers and reporters, and the defendant, Bernhard Goetz, himself. See the note at Series IV for a description of this item's creation.
Subjects
Organizations
Genres
Access Restrictions
Open to qualified researchers.
Use Restrictions
Photocopying undertaken by staff only. Limited to 20 exposures of stable, unbound material per day. Application to use images from this collection for publication should be made in writing to: Department of Rights and Reproductions, The New-York Historical Society, 170 Central Park West, New York, NY 10024-5194, rightsandrepro@nyhistory.org. Phone: (212) 873-3400 ext. 282.
Copyrights and other proprietary rights may subsist in individuals and entities other than the New-York Historical Society, in which case the patron is responsible for securing permission from those parties. For fuller information about rights and reproductions from N-YHS visit: www.nyhistory.org/about/rights-reproductions.
Preferred Citation
This collection should be cited as the "Justice Stephen G. Crane Papers on the Bernhard Goetz Trial and Other Cases, MS 3152, New-York Historical Society."
Location of Materials
Immediate Source of Acquisition
Gift of Hon. Stephen G. Crane (Ret.), 2019 (accession no. MS-2019-057).
About this Guide
Processing Information
Archivist Joseph Ditta arranged and described this collection in October-November 2020.
Repository
Series I. Trial docket books, 1981–2000, inclusive
Scope and Contents
Series I contains trial docket books recording proceedings heard by Stephen G. Crane while serving as Judge for the Criminal Court of the City of New York (1981–1983), Acting New York State Supreme Court Justice (1984–1989), New York State Supreme Court Justice (1990–1996), and Administrative Judge of Supreme Court, Civil Branch for New York County (1996–2000).
Arrangement
Volumes are filed chronologically. Except for the Criminal Court trial docket book, which was assigned "Vol. [A]" by the processing archivist, the Supreme Court trial docket books were assigned Roman numerals by Justice Crane or his assistant. Note that Volume II does not exist. Volume III begins shortly after the last date in Volume I. A letter from Justice Crane noting this discrepancy is tipped inside the front cover of Volume I.
Criminal Court trial docket book, 1981 December 2 – 1983 December 1, inclusive
Supreme Court trial docket book, 1984 January 3 – July 13; 1985 April 1 – May 10, inclusive
Supreme Court trial docket book, 1985 May 14 – 1986 July 9, inclusive
Supreme Court trial docket book, 1986 July 9 – 1988 January 13, inclusive
Supreme Court trial docket book, 1988 January 21 – 1989 March 15, inclusive
Supreme Court trial docket book, 1989 March 14 – 1990 March 19, inclusive
Supreme Court trial docket book, 1990 March 19 – 1991 May 21, inclusive
Supreme Court trial docket book, 1991 May 21 – 1992 April 28, inclusive
Supreme Court trial docket book, 1992 April 20 – 1993 October 15, inclusive
Supreme Court trial docket book, 1993 October 7 – 1994 December 23, inclusive
Supreme Court trial docket book, 1995 January 5 – November 16, inclusive
Supreme Court trial docket book, 1995 November 17 – 1999 February 18, inclusive
Supreme Court trial docket book, 1999 February 18 – 2000 September 7, inclusive
Series II. Clipping and subject files, 1982–1991, inclusive
Scope and Contents
Series II contains four distinct groups of material:
Non-Goetz clippings (Box 5, Folders 1–7)
People v. Goetz clippings (Box 5, Folders 8–47)
People v. Goetz correspondence (Box 6, Folders 1–10)
People v. Goetz subject files (Box 6, Folders 11–20, and Box 7, Folders 1–32)
Arrangement
Material is filed chronologically within each grouping described above.
Clippings. General [3 folders], 1982–1991, inclusive
Clippings. Cornell Alumni News & Cornell Law Forum, 1987, 1990, inclusive
Scope and Contents
Biographical information on Stephen G. Crane.
Clippings. Norman Mills, 1988, inclusive
Scope and Contents
On July 8, 1988, in The People v. Norman Mills, Justice Crane acquitted Mills, 31, of the attempted murder of his mother on January 15, 1987, by reason of mental disease or defect. For details of the proceedings, see Crane's Supreme Court Trial Docket Book covering January 21, 1988 through March 15, 1989 (Box 2, Vol. V).
Clippings. Ann Green, 1988–1989, inclusive
Scope and Contents
On September 23, 1988 a Manhattan jury cleared Ann Green, a former pediatric nurse, of charges she murdered two of her infants and attempted to kill a third. The jury found Green was not criminally responsible because of psychosis triggered by childbirth. Acting Justice Stephen Crane ordered Green to undergo psychiatric evaluation by state-designated doctors. She spent 37 days at Kirby Forensic Psychiatric Center, Ward's Island, between March and April, 1989. For details of the proceedings, see Crane's Supreme Court Trial Docket Book covering January 21, 1988 through March 15, 1989 (Box 2, Vol. V).
Clippings. Lyndon LaRouche, 1989, inclusive
Scope and Contents
For details of the fraud and conspiracy trial of four fundraisers working for one of the businesses of perennial presidential candidate Lyndon LaRouche (1922–2019), see Crane's Supreme Court Trial Docket Book covering March 14, 1989 through March 19, 1990 (Box 2, Vol. VI).
People v. Goetz. Clippings [40 folders], 1985–1989, inclusive
People v. Goetz. Correspondence [8 folders], 1985–1988, inclusive
Scope and Contents
Includes letters from interested citizens offering their opinions to Judge Crane on his handling of the Goetz case. A number of the letters—both pro- and anti-Goetz—contain racist language. Note that additional correspondence may be found scattered throughout the People v. Goetz clippings (Box 5, Folders 8–47) and in the files of Series II following this one.
Matter of Goetz v. Crane [2 folders], 1985, inclusive
People v. Goetz. Requests to Charge Goetz, 1985 January – 1987 June, inclusive
People v. Goetz. 190.75 resubmission, 1985 March – 1986 January, inclusive
Scope and Contents
Concerns:
The Laws Of New York / Consolidated Laws / Criminal Procedure / Part 2: The Principal Proceedings / Title I: Preliminary Proceedings In Superior Court / Article 190: The Grand Jury And Its Proceedings / Section 190.75: Grand jury; dismissal of charge.
People v. Goetz. Opinion—2d Grand Jury, [1985 March], inclusive
People v. Goetz. Notice of Petition, 1985 May 31, inclusive
People v. Goetz. Motion to dismiss 2d Grand Jury, 1985 October, inclusive
People v. Goetz. Notice of Motion (Under Seal) [2 copies in 2 folders], 1985 October 14, inclusive
People v. Goetz. (Motion) Indictment no. 476-1914/85, 1985 October–November, inclusive
People v. Goetz. Motion [Colloquy], 1985 November 25, inclusive
People v. Goetz. Sealing order, 1985–1986, inclusive
People v. Goetz. Dismissal—Reversed, 1986 January–November, inclusive
People v. Goetz. Subpoena, 1986 October–November, inclusive
People v. Goetz. Justification reckless endangerment, Singer article, 1986–1987 May, inclusive
People v. Goetz. Motion to recuse ADA, 1986 October – 1987 October, inclusive
People v. Goetz. Voir dire [jury selection], 1986 December – 1987 April, inclusive
People v. Goetz. Working file, 1987, inclusive
People v. Goetz. Range(?) interview prep, 1987, inclusive
People v. Goetz. Justification . . ., 1987 February–June, inclusive
People v. Goetz. Jury nullification, 1987 March–April, inclusive
People v. Goetz. Racial remarks / racial epithets, [1987 April], inclusive
People v. Goetz. Defense motion to allow criminal records as evidence in chief, 1987 May, inclusive
People v. Goetz. CPL 270.50 visit scene, 1987 May, inclusive
Scope and Contents
Concerns:
The Laws Of New York / Consolidated Laws / Criminal Procedure / Part 2: The Principal Proceedings / Title J: Prosecution Of Indictments In Superior Courts--Plea To Sentence / Article 270: Jury Trial--Formation And Conduct Of Jury / Section 270.50: Trial jury; viewing of premises.
People v. Goetz. Psych & NY Post, 1987 May, inclusive
People v. Goetz. Ramseur contempt, 1987 May, inclusive
People v. Goetz. Renewal: Dismissal Garth Reid, 1987 May, inclusive
People v. Goetz. 5th Amendment on cross x assertion before jury (see also missing witness [file]), 1987 May–June, inclusive
People v. Goetz. Trial order of dismissal, 1987 May–June, inclusive
People v. Goetz. Missing witness, [1987 June], inclusive
People v. Goetz. Proportionality under 35.15, 1987 June, inclusive
Scope and Contents
Concerns:
The Laws Of New York / Consolidated Laws / Penal / Part 1: General Provisions / Title C: Defenses / Article 35: Defense Of Justification / Section 35.15: Justification; use of physical force in defense of a person.
People v. Goetz. Charge, 1987 June, inclusive
People v. Goetz. Re-open case after resting, [1987 June?], inclusive
People v. Goetz. Unduly harsh, [1987 August?], inclusive
People v. Goetz. Sentencing, 1987 August–October, inclusive
People v. Goetz. Recusal motion (before sentence application), 1987 October, inclusive
People v. Goetz. Sentencing remarks & decision, 1987 October, inclusive
People v. Goetz. Motion to unseal DA's sent. [sentencing?] memo, 1987, 1990, inclusive
People v. Goetz. Post sentencing, 1987–1988, inclusive
People v. Goetz. Re-sentencing remarks, 1988–1989, inclusive
People v. Goetz. Conditional release, 1989, inclusive
People v. Goetz. Bus. records . . ., undated, inclusive
People v. Goetz. Lie detector, undated, inclusive
People v. Goetz. Excited utterance, undated, inclusive
Series III. People v. Goetz trial transcript, 1986–1987, inclusive
Scope and Contents
Series III consists of the trial transcript of The People of the State of New York v. Bernhard Goetz, covering December 12, 1986 through June 16, 1987. The container list provides a guide to the contents of each lettered tab within each volume of the transcript, but see Box 8, Folder 1, for a detailed table of contents and an index to witness testimony.
Arrangement
Some of the volumes of the People v. Goetz trial transcript were housed in tabbed, three-ring binders. Loose volumes were similarly hole-punched and tabbed. The binders have been discarded, and all thirteen volumes have been transferred to folders, preserving their pre-assigned Roman numeral and tab designations.
People v. Goetz trial transcript, vol. I (pages 1–862) [5 folders], 1986 December 12–18, inclusive
Scope and Contents
(A) 12/12/86 (jury selection), pages 1–140
(B) 12/15/86 (jury selection), pages 141–313
(C) 12/16/86 (jury selection), pages 314–518
(D) 12/17/86 (jury selection), pages 519–714A
(E) 12/18/86 (jury selection), pages 715–862
People v. Goetz trial transcript, vol. II (pages 863–1692) [5 folders], 1987 January 16 – February 20, inclusive
Scope and Contents
(A) 1/16/87 (jury selection), pages 863–1059
(B) 1/23/87 (jury selection), pages 1060–1234
(C) 1/30/87 (jury selection), pages 1235–1386
(D) 2/06/87 (jury selection), pages 1387–1561
(E) 2/20/87 (jury selection), pages 1562–1692
People v. Goetz trial transcript, vol. III (pages 1693–2480) [5 folders], 1987 February 27 – March 30, inclusive
Scope and Contents
(A) 2/27/87 (jury selection), pages 1693–1870
(B) 3/06/87 (jury selection), pages 1871–2028
(C) 3/13/87 (jury selection), pages 2029–2156
(D) 3/20/87 (jury selection), pages 2157–2267
(E) 3/23/87 (jury selection), pages 2268–2480
People v. Goetz trial transcript, vol. IV (pages 2481–3299) [3 folders], 1987 March 24–26, inclusive
Scope and Contents
(A) 3/24/87 (jury selection), pages 2481–2727
(B) 3/25/87 (jury selection), pages 2729–3051 (missing 2728)
(C) 3/26/87 (jury selection), pages 3052–3299
People v. Goetz trial transcript, vol. V (pages 3300–4253) [4 folders], 1987 March 30 – April 2, inclusive
Scope and Contents
(A) 3/30/87 (jury selection), pages 3300–3547
(B) 3/31/87 (jury selection), pages 3548–3857
(C) 4/01/87 (jury selection), pages 3858–4094
(D) 4/02/87 (jury selection), pages 4095–4253
People v. Goetz trial transcript, vol. VI (pages 4254–4945A) [3 folders], 1987 April 6–27, inclusive
Scope and Contents
(A) 4/06/87 (jury selection), pages 4254–4486
(B) 4/07/87 (jury selection), pages 4487–4712
(C) 4/27/87 (opening statements; People's witnesses), pages 4713–4945A
People v. Goetz trial transcript, vol. VII (pages 4946–5492) [3 folders], 1987 April 28 – May 4, inclusive
Scope and Contents
(A) 4/28/87 (People's witnesses), pages 4946–5143
(B) 4/29/87 (People's witnesses), pages 5144–5280
(C) 5/01/87 (People's witnesses), pages 5281–5492
People v. Goetz trial transcript, vol. VIII (pages 5493–6268A) [3 folders], 1987 May 4–6, inclusive
Scope and Contents
(A) 5/4/87 (People's witnesses), pages 5493–5748
(B) 5/5/87 (People's witnesses), pages 5749–5978
[sealed testimony, pages 5979–6013, not included]
(C) 5/6/87 (People's witnesses), pages 6014–6268A
People v. Goetz trial transcript, vol. IX (pages 6269–6930) [4 folders], 1987 May 7–13, inclusive
Scope and Contents
(A) 5/07/87 (People's witnesses), pages 6269–6410
[gap in pagination; missing pages 6411–6435]
(B) 5/11/87 (People's witnesses), pages 6436–6664
(C) 5/12/87 (People's witnesses), pages 6665–6819
(D) 5/13/87 (People's witnesses), pages 6820–6930
People v. Goetz trial transcript, vol. X (pages 6931–7590) [4 folders], 1987 May 19–26, inclusive
Scope and Contents
(A) 5/19/87 (People's witnesses), pages 6931–7130
(B) 5/20/87 (People's witnesses), pages 7131–7322
(C) 5/21/87 (Defense witnesses), pages 7323–7460
(D) 5/26/87 (Defense witnesses), pages 7461–7590
People v. Goetz trial transcript, vol. XI (pages 7591–8265) [4 folders], 1987 May 27 – June 2, inclusive
Scope and Contents
(A) 5/27/87 (Defense witnesses), pages 7591–7732
(B) 5/28/87 (Defense witnesses), pages 7733–7899
(C) 6/01/87 (Defense witnesses), pages 7900–8126
(D) 6/02/87 (Defense witnesses), pages 8127–8265
[missing pages 8266–8444]
People v. Goetz trial transcript, vol. XII (pages 8445–9082) [4 folders], 1987 June 8–11, inclusive
Scope and Contents
(A) 6/08/87 (charge conference), pages 8445–8520
(B) 6/09/87 (charge conference), pages 8521–8632
(C) 6/10/87 (Defense summation), pages 8633–8822
(D) 6/11/87 (People's summation), pages 8823–9082
People v. Goetz trial transcript, vol. XIII (pages 9083–9505) [4 folders], 1987 June 12–16, inclusive
Scope and Contents
(A) 6/12/87 (jury charge), pages 9083–9292
(B) 6/13/87 (colloquy in chambers), pages 9293–9379
(C) 6/15/87 (jury questions), pages 9380–9466
(D) 6/16/87 (verdict), pages 9467–9505
Series IV. People v. Goetz trial artifacts, 1987, inclusive
Scope and Contents
Series IV contains two artifacts—a wooden plank and a paper scroll—signed by participants in the trial of The People of the State of New York v. Bernhard Goetz.
Arrangement
Items are listed chronologically.
Autographed jury box remnant, [1987 May 1], inclusive
Scope and Contents
Wooden plank (measuring 99 inches long by 8 inches wide by 1 inch thick) inscribed "SUPREME COURT—STATE OF NEW YORK PART 81" and signed by the participants in the trial of the People v. Bernhard Goetz, including the defendant. Accompanied by the following description:
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This is the actual remnant of the jury box in the courtroom at 111 Centre Street where the trial of People v Bernhard Goetz transpired. The jury box as originally constructed was too tall to permit the jurors to see exhibits displayed in the well of the court. As the trial proceeded this became evident (Transcript p. 5053). As a result, the clerk of the part, Robert Hamkalo, arranged with the New York City Department of General Services, as it then was called, to cut down the jury box overnight. He sought this unprecedented cooperation by informing the representatives of DGS that Judge Crane would praise the Department to the world press assembled in the courtroom if they accomplished this task; but if not the judge would have to inform the audience of the reason why the jury box continued to obstruct the view of the jurors. The next morning, May 1, 1987, a sign on the diminished jury box read "Don't Touch. Varnish Wet." Judge Crane, off the record, made the promised remarks to the audience and later, on the record (Transcript p. 5293–4) congratulated Bob Hamkalo and told the jurors that the diminished jury box should "enhance your abilities to discharge your obligations as the trial continues in being able to see the exhibits that are produced in the well of the court…and to be able to see the witnesses as they are on the witness stand." Following the day's proceedings, the Deputy Chief Administrative Judge for the Courts Within the City of New York, Milton Williams, called Judge Crane to ask how he accomplished the down-sizing of the jury box because he, Judge Williams, had been requesting this remedy for all the jury boxes at 111 Centre Street for the past 7 years!
It was also the idea of the clerk of the part to obtain the signatures of all the participants in the trial on each of the three boards that formed the excess height of the jury box. On the left in the positions in which they sat appear the signatures of the jurors: #1 James Hurley, Foreman; #2 Erniece Dix; #3 Catherine Brody; #4 D. Wirth Jackson; #5 Mark Lesly (who later wrote a book about the trial Subway Gunman: A Juror's Account of the Bernhard Goetz Trial with Charles Shuttleworth); #6 James P. Moseley; #7 Lyn (Carolyn) Perlmuth; #8 Diane Serpe; #9 Rober Leach; #10 Francisco Figuera; #11 Michael Axelrod; #12 Ralph Schreimpf; Alternate #1 Jon Patten; Alternate #2 Delphine McFadden; Alternate #3 Lou Mari Vereen; and Alternate #4 Augustine Ayala.
Also signing: Justice Stephen G. Crane; Law Secretary, Leon Schechter; Court Clerk Robert Hamkalo; Assistant District Attorney Gregory Waples; Defense Team, Barry Slotnick; Mark M. Baker; Frank King; Gillian Coulter; and Bernhard Goetz; Court Officers Jim Lawler; Dan Dolger; Clifton Murphy; Stephen Cazilas; and Artie Coardes; and Court Reporters Stephen Cohen; Joel Machlis; Nina Koss; and Hilda J. Wall.
The reverse side of the board shows the finish that was visible on the exterior of the jury box.
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Access Restrictions
A confirmed appointment is necessary to view this large and heavy item, which requires two people to retrieve and transport to the Reading Room.
Autographed jury admonition / oath, 1987 May 28, inclusive
Scope and Contents
A rolled scroll of ten attached sheets of continuous form, dot matrix printer paper (measuring approximately 108 inches long by 15 inches high), with the following message and inscription (in capital letters):
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WE, THE JURORS, AGREE: TO KEEP AN OPEN MIND ON EVERY ISSUE INVOLVING THIS CASE; NOT TO DISCUSS ANY ELEMENT OF THIS CASE AMONG OURSELVES OR WITH ANYONE ELSE; NOT TO READ, WATCH OR LISTEN ABOUT THIS CASE AS IT IS REPORTED BY THE MEDIA; TO PROMPTLY REPORT TO THE COURT ANY ATTEMPT BY ANYONE TO IMPROPERLY INFLUENCE ANY MEMBER OF THIS JURY. -- JAMES, ERNIECE, CATHERINE, WIRTH, MARK, JAMES II, LYN, DIANA, ROBERT, FRANCISCO, MICHAEL, RALPH, JON, DELPHINE, LOU, AUGIE.
TO JUSTICE STEPHEN G. CRANE WITH RESPECT AND ADMIRATION MAY 28, 1987
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Signed next to their printed names by jurors James Hurley, Erniece Dix, Catherine Brody, D. Wirth Jackson, Mark Lesly, James Mosely, Carolyn Perlmuth, Diana Serpe, Robert Leach, Francisco Figueroa, Michael Axelrod, Ralph Schriempf, and alternates Jon Patten, Delphine McFadden, Lou Vereen, and Augustine Ayala.