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NYC councilmembers call for investigation into allegations that Rikers boss covered up violence
By
Jessy Edwards
Published Dec 7, 2023
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Lev Radin/Pacific Press/LightRocket via Getty Images
By
Jessy Edwards
Published Dec 7, 2023
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City officials are calling for outgoing New York City jails boss Louis Molina to be investigated after one of his former deputies filed a legal claim saying he and his appointees worked to cover up violence and retaliated against staff who tried to call them out.
On Monday, Ruben Benitez, a 19-year veteran of the city jails department, filed a notice of intent to sue the city and alleged Molina demoted him from head of an elite investigations team to an entry-level position after he reported department misconduct.
Benitez, who was appointed as the department’s acting deputy commissioner of investigations on Molina’s first day in office in January 2022, alleges violations of state law protecting people from retaliation by their employers as well as city corruption rules.
Benitez’s attorney, Sarena Townsend, said he had no choice but to file a claim.
“He was essentially forced to come out publicly because the corruption was unrelenting,” she said.
The news comes as Molina is set to leave the jails department for a promotion at City Hall. His new title will be assistant deputy mayor for public safety, and he’ll continue to oversee the Department of Correction. Molina’s $243,000 salary did not change.
On Wednesday, City Council Speaker Adrienne Adams and Criminal Justice Committee Chair Carlina Rivera issued a statement calling for an investigation into the allegations “by all relevant authorities,” including the city's Department of Investigation. The Bronx district attorney’s office, the state attorney general’s office and the U.S. attorney’s office could also choose to investigate.
“The commissioner’s alleged involvement in a campaign to cover up violence in the jails would be a betrayal of his duties and raise more serious questions about his recent appointment to be an assistant deputy mayor,” the councilmembers said. The Department of Investigation declined to comment.
Benitez alleges Molina and former aide Manuel Hernandez worked together to try to block the Department of Investigation and a federal monitor from investigating violence and correction officers' use of force on detainees at the Rikers Island jail complex. Benitez says he kept notes on the pair’s actions and reported his concerns to both authorities.
When Molina found out, he demoted Benitez to an entry-level position vetting new applicants to correction officer jobs, according to the notice. The legal claim also alleges that Benitez's pay was cut by $40,000.
“[Benitez’s] demotion served not only as retaliation but to gag [him] to allow Molina to continue his illegal behavior under a cloak of secrecy,” the court filing states.
Benitez claims Molina changed department policy so that correction officers can now only be suspended with his approval, overturning at least 19 years of department procedure. He also claims Molina asked city employees to find a way to oust court-appointed federal monitor Steve Martin, who is charged with overseeing conditions at Rikers under a 2015 court agreement.
Former Assistant Corrections Commissioner Keith Taylor, now a professor at John Jay College, said the allegations were “very disturbing” and could warrant a federal investigation.
“If true, it would verify the worst fears about the Department of Correction being unable to effectively operate to achieve its minimum mandates of custody, care and control," he said.
The U.S. attorney for the Southern District of New York could not immediately be reached for comment.
City Hall spokesperson Kayla Mamelak said the administration could not comment on a pending lawsuit, but said Molina had the power to make staff changes as he saw fit. She said Molina’s record of adjudicating “over 3,000 disciplinary cases” in his term as commissioner shows he cares about holding staff accountable.
Townsend previously led investigations for the Department of Correction and alleges Molina wrongly pushed her out for refusing to “get rid of” disciplinary cases against officers. She called for a criminal investigation into the claims and said Benitez is seeking punitive damages “significantly” higher than just his $40,000 pay cut.
Martin recently said his team has lost faith in the current administration’s ability to make the jails safer, and the city now risks losing its authority over the jail system altogether. Last month, arguments began about whether control of the city's jails should be given to an independent manager due to rising violence at Rikers and a lack of transparency from city leaders.
Correction: This article has been updated to reflect Ruben Benitez's correct title. It is acting deputy commissioner of investigations.
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rikers
Jessy Edwards
Jessy Edwards covers incarceration and public safety. Before working at Gothamist/WNYC, she covered daily and breaking news at NBC New York and Brooklyn news at BK Reader. Got a tip? Email [email protected].
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