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Cop's Record Of Excessive Force Allegations Will Be Sealed For OWS Trial
By
Christopher Robbins
Published Mar 20, 2014
Modified Mar 20, 2014
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By
Christopher Robbins
Published Mar 20, 2014
Modified Mar 20, 2014
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A Manhattan judge has sealed the personnel file of an NYPD officer who allegedly groped the Occupy Wall Street protester charged with assaulting him.
Martin Stolar, the attorney representing protester Cecily McMillan, had argued that the prior allegations of excessive force against her arresting officer, Grantley Bovell, as well his involvement with the Bronx ticket-fixing scandal justified an examination of his personnel file, which may contain other incidents that would impact his credibility. Judge Ronald Zweibel disagreed.
"I think it's totally wrong," Stolar says of the decision. "It is a very narrow reading of the law, because what I'm looking for are things that will reflect on the officer's credibility. It's things that I don't know about that I believe should be in the file. Somebody who has this pattern of behavior, there may be other incidents."
McMillian was arrested in Zuccotti Park on March 17th, 2012, during a demonstration to mark the six month anniversary of the movement. During a violent altercation between the protesters and the NYPD, McMillian, then 23, suffered a seizure. Protesters described on video how McMillan convulsed on the pavement for several minutes while police officers stood mutely over her body.
As she was being detained, McMillian allegedly elbowed Officer Bovell in the face. McMillan says that's because Bovell grabbed her right breast. The City denies that claim, and has charged McMillan with felony assault of an officer, which carries a sentence of up to seven years in prison. She was hospitalized after her arrest for bruised ribs and limbs.
Officer Bovell has been accused of running a motorcyclist off the road to make an arrest, kicking a suspect in the face while he was on the ground, and slamming an arrestee's face into the stairs on an MTA bus. In the case of the motorcyclist, Bovell was disciplined for a procedural infraction, while the department could not substantiate the other claims.
Bovell was also one of the 500 officers ensnared in the vast ticket-fixing scandal in the Bronx, and was again internally disciplined for his role.
"These incidents may have nothing to do with this case, but they sure have a lot to do with his ability to testify under oath and tell the truth," Stolar says, adding that the judge's ruling does not prohibit the defense from using the allegations against Bovell. "I'm certainly going to bring them up and question him about them."
A spokeswoman for the Manhattan DA's office declined to comment on the judge's decision. McMillan's trial, one of the last involving Occupy Wall Street protesters, is set to begin on April 7.
Tagged
Cecily McMillan
occupy wall street
ows
Zuccotti Park
Christopher Robbins
Christopher Robbins is a New York City reporter covering transportation, affordable housing, local politics, and criminal justice. His work has also appeared in New York Magazine, The Village Voice and The New York Times. Chris is a graduate of Patrick Henry High School in Roanoke, Virginia, and enjoys biking to Fort Tilden in the summertime.
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