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AG Refuses To Judge NYPD In "Preliminary" Probe Of Protest Crackdowns
By
Christopher Robbins
and
Jake Offenhartz
Published Jul 8, 2020
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By
Christopher Robbins
and
Jake Offenhartz
Published Jul 8, 2020
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On Wednesday afternoon, New York Attorney General Letitia James released a 45-page "preliminary" report analyzing how the NYPD policed the George Floyd protests in late May and early June. Based on scores of videos, news reports, interviews, and reams of public testimony from protesters who say they were beaten or otherwise mistreated by the NYPD, the report recommends a series of reforms, including creating a new commission that oversees the police department, and giving more power to existing police watchdogs.
The report does not conclude whether the NYPD acted appropriately while it was policing the protests.
While the report lists a number of "alleged protest-related practices" committed by the NYPD, including use of force, kettling, and arresting reporters and legal observers, it does not state whether the investigation substantiated these actions, or whether the department adhered to its own guidelines.
"I don't know if we were tasked with the ability to judge the police," James told reporters on a conference call announcing the release of the report, which was ordered by Governor Andrew Cuomo on May 30th. "We were tasked with the responsibility of looking at the interactions between police and protesters during a certain period of time," James said. "This is nothing more than a preliminary report."
The report notes that 39 percent of protesters arrested while protesting were Black, and 44 percent were white. Black people were nearly five time more likely to receive a felony than white people.
The AG also would not say whether her office was considering criminal charges against any of the officers who have been accused of wrongdoing during the protests—10 NYPD officers have been disciplined for their behavior so far.
"This is a preliminary report and everything is on the table," James said.
The report's biggest recommendation is to create a commission made up of members appointed by the mayoral administration, the City Council, and other elected officials, which would oversee all aspects of the police department, from its budget to disciplinary outcomes. The report also states that more should be done to ensure diversity in the NYPD's leadership, and to "redesign the role of the police," away from issues like homelessness and mental health.
Delaney Kempner, a spokesperson from the AG's office, said there was no timetable for when a final report would be released. "There will a final report that has more specific recommendations," Kempner said.
James said that her office could not force the NYPD or Mayor Bill de Blasio to adopt any of the recommendations—that task would be up to the people in the streets.
"The city is not compelled to adopt any of these recommendations, but I do believe given what is happening not only in New York City and New York state and across this nation, right now there is this yearning for change," James said. "The power of those who are protesting will compel the city and the state to enact some of the reforms we are proposing."
In response to the AG's report, NYPD spokesperson Richard Esposito said in a statement, “This is of course a political and not an investigative document. Rather than rehash rhetoric we should come together—state and local law enforcement and electeds—and confront and solve the crisis at hand."
Freddi Goldstein, Mayor de Blasio's press secretary, said the administration disagreed with some of the recommendations.
“While we thank the Attorney General for her investigation and look forward to reviewing the report in full and working together to further reform policing in this city, we do not believe creating a commission to oversee the NYPD does that," Goldstein said in a statement.
"Over the last seven years, stop and frisk became a thing of the past, all officers were trained in implicit bias and de-escalation and outfitted with body cameras, and neighborhood policing improved trust in communities. Change comes from accountability, something a commission lacks. If we want to continue moving forward, more bureaucracy is not the answer.”
Jeffrey Fagan, a law professor at Columbia University who specializes in police accountability and criminal law, called the report's recommendations "yesterday's news."
"The takeaway is that there are roughly 10 pages of recommendations, virtually every one of these has been made before. I'm not quite sure what the contribution of this investigation has been," Fagan said. "Also, why are you making recommendations if your investigation isn't complete?"
Whitney Hu, a Sunset Park organizer, who submitted testimony to James' office, said she was “not surprised” that the report didn’t go further, and called it "incredibly lukewarm and disappointing."
After testifying before James about her experience — including witnessing several police brutality incidents in Flatbush and outside the Barclays Center — Hu said she was struck by the AG's defense of the police during the proceedings. "I felt like there was a dissonance when we were being cross-examined, with how emotional the testimonies were…none of the pain or the suffering was even addressed in a way that felt like we were heard."
Hu added, “I’m just missing the fiery days of Tish being the Public Advocate. Tish James the Attorney General is a very different person."
Tagged
nypd
letitia james
attorney general
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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Jake Offenhartz
Jake Offenhartz is a former Gothamist reporter.
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Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
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