Articles Tagged with nypd

Police in New York have been fighting to block the release of raw, unedited body-worn camera footage by claiming that the footage is a “personnel record” used for performance evaluations and therefore confidential under the Civil Rights Law. However, in a decision released last month, the First Department Appellate Division rejected this theory, which had been put forward by the Patrolmen’s Benevolent Association. In PBA v. DeBlasio, et al., the Appellate Division held that privacy interests of police officers do not transform the bodycam footage into “personnel records” and therefore the footage must generally be released under the Freedom of Information Law.

https://www.zmolaw.com/news/wp-content/uploads/2019/03/Screen-Shot-2019-03-13-at-10.37.10-AM-1-275x300.pngApril 2017 marked the beginning of the NYPD’s body-worn camera program, which outfitted 1,300 police officers across 20 precincts with body cameras. The stated purpose of the program was to document the public’s interaction with police and establish a clear record of those encounters, as well as to provide evidence in  civil or criminal proceedings. That purpose was quickly tested on September 6, 2017, when police responded to a report of a Bronx man acting erratically in his apartment. The police responded for a “wellness check” that escalated into a 15-minute standoff ending with the shooting and death of Miguel Richards at the hands of NYPD Officers, all of whom were equipped with body-worn cameras. Our office, along with the Law Offices of Daniel A. McGuinness, P.C., represents Mr. Richards’s family in a lawsuit against the City and the individual police officers.

The entire encounter was caught on tape.

A new law should close an “egregious loophole” that had allowed police officers who sexually assault prisoners to defend themselves by claiming their prisoner consented to the sexual activity. That’s the last thing an 18-year-old woman using the pseudonym Anna Chambers expected to hear when she filed rape charges against two New York City detectives last year.

https://www.zmolaw.com/news/wp-content/uploads/2018/04/Screen-Shot-2018-04-03-at-12.16.52-PM-300x171.pngAccording to Buzzfeed News, in September 2017, Detectives Eddie Martins and Richard Hall stopped Chambers and two friends after allegedly spotting marijuana in the front cupholder of their car. They took Chambers into custody but let her friends go. Then, according to the Buzzfeed report, Martins and Hall forced Chambers into an unmarked police van, where they took turns raping her for almost an hour. Eventually, she was released onto the side of the road. She immediately contacted a friend, who rushed her to the hospital to complete a rape kit. The DNA collected from the kit matched both Martins and Hall, according to Buzzfeed. Chambers assumed that her case against the detectives was a slam dunk: after all, there was positive proof that they had sex with her after detaining her and while they were on duty.

The last thing Chambers expected was for Martins and Hall to claim consent. Remarkably, even though it is illegal for parole officers or corrections officers to have sex with people in jail, the same standard did not apply to police officers who take people into custody. Buzzfeed reported that New York was one of 35 states with a legal loophole that permits law enforcement officials to have consensual sexual relations with detainees in their custody.

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