New York
N.Y.P.D. Must Rewrite Rules for Policing Protests After Sweeping Deal
After years of clashes in the street and the courts, the New York Police Department has agreed to a legal settlement that will overhaul how it handles demonstrations, including banning the tactic of boxing in protesters and then arresting them.
In addition to ending that practice, known as kettling, the department will use a tiered system of de-escalation before deploying officers and will install a high-ranking executive to ensure compliance with the new rules.
The department agreed to the sweeping changes as part of a deal filed in federal court on Tuesday with the office of Letitia James, New York’s attorney general. She had sued the agency in January 2021 over what she called widespread abuses during protests the previous summer after the killing of George Floyd in Minneapolis.
The settlement, which capped a fight that began after images of violent confrontations between the police and protesters stunned residents and municipal leaders, will force the country’s largest department to dramatically change how it responds to peaceful demonstrations.
The deal set off immediate opposition from the city’s largest police union, whose leader said it would put officers at risk when people take to the streets. But the plaintiffs were thrilled with the latest turn in the New York’s long-running civic debate over how to manage public dissent.
“This is huge,” said Donna Lieberman, the executive director of the New York Civil Liberties Union, which was a party to the suit. She added that the plan would reduce conflict and intimidation of peaceful protesters.
“This settlement represents a major overhaul of the N.Y.P.D. response to protests,” she said. “Instead of deploying a massive command-and-control response, the N.Y.P.D. will be required to employ a graduated response.”
More than 2,000 demonstrators were arrested during the protests three years ago, most of them while protesting peacefully. An investigation by the attorney general’s office found that police officers beat protesters with batons, rammed them with bicycles, arrested legal observers and medics without justification and used the containment strategy in which protesters were penned in by the police, then charged at or beaten with batons.
Commissioner Edward Caban said on Tuesday that the protests had “presented many unique challenges for officers, who did their best to protect people’s rights to peaceful expression while addressing acts of lawlessness.” But he said that the agreement “represents the department’s commitment to continually improving to ensure the public remains safe and individual rights are protected.”
The kettling strategy was broadly defended at the time by Mayor Bill de Blasio and the police commissioner, Dermot F. Shea, who pointed to looters who had ransacked parts of Manhattan after largely peaceful demonstrators had marched through the streets.
The scenes of looting, fights with protesters and destruction of police cars led Andrew Cuomo, then the governor, and Mr. de Blasio to impose a curfew and announce that they would deploy twice as many police officers.
But defense attorneys and civil liberties organizations said the department went too far in its response, conflating peaceful protesters with looters and arresting demonstrators en masse for charges like disorderly conduct and disorderly assembly.
“The right to peacefully assemble and protest is sacrosanct and foundational to our democracy,” Ms. James said in a statement. “Too often, peaceful protesters have been met with force that has harmed innocent New Yorkers simply trying to exercise their rights.”
Last March, the city agreed in a separate legal settlement to pay $21,500 to each of hundreds of demonstrators who were subject to kettling in the Bronx during racial justice protests.
Mayor Eric Adams said that Tuesday’s deal struck a proper balance. “Our administration is committed to improving our policies to keep New Yorkers safe and protect their civil liberties,” he said in a statement.
According to the settlement, the department will be monitored by a committee made up of representatives from Ms. James’s office, the commissioner of the Department of Investigations, the New York Civil Liberties Union, the Legal Aid Society and other agencies. The police executive assigned to supervise protest responses would also be a member of the committee.
That group will oversee the department’s implementation and compliance with the new reforms, according to the settlement.
The goal is for the committee to collaborate, said Corey Stoughton, a lawyer at the Legal Aid Society, which filed a lawsuit against the department with the New York Civil Liberties Union that was later combined with Ms. James’s suit.
The Detectives’ Endowment Association and the Sergeants Benevolent Association, which both signed the agreement, offered suggestions and input to help develop the language of the settlement, Ms. Stoughton said.
The agreement, she said, “represents the N.Y.P.D. wanting to commit to this novel approach to policing.”
The Police Benevolent Association, the city’s biggest police union, did not sign the settlement.
“We have serious concerns about its impact on the safety of police officers and all New Yorkers in future situations involving coordinated violent actions,” Patrick Hendry, the union’s president, said in a statement. “Once again, police officers on the street are being left to bear all the burden of so-called ‘solutions’ to problems we didn’t create, while the real causes of the chaos remain unaddressed.”
Mr. Hendry said that almost 400 members of the department were injured during the 2020 protests. The settlement, he said, “may serve to encourage future violence” and would “expose police officers to more discipline for taking lawful and appropriate police action.”
Molly Biklen, the deputy legal director of the New York Civil Liberties Union, said that by creating more oversight and de-emphasizing force, the department would uphold “its oath to protect New Yorkers’ right to protest.”
The agreement, which must still be signed by a federal judge, will take three years to implement. The department will adopt training procedures for a new four-tiered response system.
The first tier response would be used for peaceful protests, with officers from the community affairs unit dispatched to communicate directly with protest leaders and explain to them any police action that might be taken.
The number of officers would increase and the response would intensify in cases when officers believed illegal activity was about to occur or when the protest would block “critical infrastructure.” The response would be further heightened if there was probable cause that a crime had been committed.
Tier four, which would end the protest, would be activated if protesters tried to get into or block the entrance of “sensitive locations” like a precinct, courthouse or hospital or when crimes were so widespread that de-escalation or “targeted enforcement has not worked or cannot work,” according to the settlement.
Before ending the protest, officers would have to warn the crowd, point out where the crowd could disperse, and identify another location to continue to the demonstration “if feasible,” the settlement said.
Officers would be disciplined if they were found to use force “to punish, retaliate, coerce, or harass a subject” who engaged in legally protected demonstrations.
The settlement says: “No individual will have any force used against them on account of their lawful First Amendment speech.”
New York
Rudy Giuliani, Slow to Transfer Assets to Election Workers, Could Be Held in Contempt
Rudolph W. Giuliani, the former mayor of New York, was grilled for hours in federal court on Friday after missing several deadlines to hand over $11 million of his prized possessions to two poll workers he defamed after the 2020 election.
Mr. Giuliani avoided, for now, being held in contempt of court — a charge he has been threatened with at various times during the case and that could include jail time.
But for most of his time on the stand, Mr. Giuliani frustrated the judge and the plaintiffs’ lawyers with a spotty memory and vague answers that slowed to a crawl proceedings that were already bogged down in minutiae.
For much of the seven-hour hearing, lawyers on both sides were preoccupied with the question: Where have you gone, Joe DiMaggio?
One of the central items of Mr. Giuliani’s collection of sports memorabilia is a jersey signed by Mr. DiMaggio, the Yankees legend, that hung over the former mayor’s fireplace. On Friday, Mr. Giuliani said he had no idea where it was.
That was not the only missing Yankees great.
“There is no Reggie Jackson picture,” Mr. Giuliani said, referring to the right-fielder known as Mr. October. He had previously said in court documents that the picture would be handed over to the plaintiffs. But now, the photo didn’t exist, according to Mr. Giuliani. “The picture was Derek Jeter,” he said. “I was kind of confused about it.”
The judge, Lewis J. Liman, appeared skeptical of Mr. Giuliani’s puzzlement, noting that such a rare collectible, especially for an avowed Yankees fan, would be top of mind.
“I’m sorry,” Mr. Giuliani said in response to questions about the collectibles, and a number of other items that were expected to be found in his New York apartment. “When I looked, this is what I found.”
At the heart of the contempt charges he continues to face is whether Mr. Giuliani, 80, has been uncooperative with the handover of his personal assets, which will serve as a small down payment on the $148 million defamation judgment that he owes the plaintiffs, Ruby Freeman and her daughter, Shaye Moss. Mr. Giuliani said, repeatedly and without evidence, that the women helped steal the presidential election from Donald J. Trump more than four years ago.
The assets include a 10-room apartment on the Upper East Side of Manhattan; a 1980 Mercedes-Benz convertible; a collection of 26 designer watches; and rare Yankees collectibles, the most valuable of which might be the signed and framed DiMaggio jersey.
More than two months after a federal court judge ordered Mr. Giuliani to hand over the items, the former mayor and his lawyers contend that he has tried to comply fully, but that the process has been onerous.
“Mr. Giuliani is an 80-year-old man who has been hit by a whirlwind of discovery,” said Joseph M. Cammarata, Mr. Giuliani’s lawyer, who specialized in divorce cases before joining the defense team. Mr. Giuliani is also facing civil and criminal charges in other cases, stemming from his time as Mr. Trump’s personal lawyer.
In roughly three hours on the stand on Friday, Mr. Giuliani repeatedly responded that he could not remember details about his personal items or their whereabouts.
While pressing Mr. Giuliani, Meryl Governski, one of the lawyers for the plaintiffs, turned her attention to a checking account subject to the seizure.
“Where does it say that you turned over the cash?” she asked Mr. Giuliani, pointing out an omission in a recent letter he wrote to the court.
Mr. Giuliani, flipping through a bulky binder of materials, appeared flustered. “Are we talking about the Mercedes now?” he said.
As the hearing dragged on, lawyers on both sides seemed to test Judge Liman’s patience. After a long series of objections by Mr. Cammarata, nearly all of them overruled, Judge Liman chastised the defense.
“If you have one more speaking objection, sir, you’re going to have to sit down,” he said. “You know the rules.”
On Thursday, Mr. Giuliani’s lawyer asked if his client could appear virtually, because of medical issues related to his left knee, as well as breathing problems attributed to Mr. Giuliani’s time spent at the World Trade Center after the Sept. 11 attacks.
But Judge Liman, who had a testy exchange with Mr. Giuliani about the case in November, said he would not accept Mr. Giuliani’s testimony unless he attended in person. So the former mayor, in a dark blue suit and glasses, walked into the 15th floor courtroom on Friday with a visible limp and a dry cough.
The transfer was originally scheduled to take place in late October. But one deadline after another has passed, and lawyers for the women said they have received only a fraction of the property.
The women have yet to receive legal possession of Mr. Giuliani’s apartment, once listed for over $6 million, in part because paperwork has not been updated since his divorce from his ex-wife Judith Giuliani, according to court filings. The title to Mr. Giuliani’s convertible, which he said was once owned by Lauren Bacall, has yet to be transferred.
But Mr. Giuliani raised eyebrows on Election Day, when he appeared in the passenger seat of the same convertible, more than a week after the initial turnover deadline. On Friday, he said he has requested a copy of the title to the car three times, but has yet to receive it.
In November, Mr. Giuliani’s original lawyers withdrew from the case, citing an undisclosed professional ethics reason.
In a recently unsealed letter explaining their departure, one of the lawyers, Kenneth Caruso, a longtime friend of Mr. Giuliani, said his client was not cooperating in the discovery process related to a condominium he owns in Palm Beach, Fla., and was withholding access to his electronic devices.
The judge will determine on Monday whether Mr. Giuliani was uncooperative during the discovery process. A separate hearing will be held to discuss his turnover efforts.
Later this month, Mr. Giuliani also faces the possibility of contempt charges in a Washington, D.C., court, where he has been accused of continuing to publicly make false claims about the two Georgia poll workers.
On Jan. 16, Mr. Giuliani is expected back in court to argue that his Palm Beach condo, as well as three personalized Yankees World Series rings, should be excluded from the handover.
Outside the courthouse, at a prepared mic stand, Mr. Giuliani, who typically appeared energized and combative, demurred.
“It would be inappropriate and unwise to say a darn thing about this case right now,” he said.
New York
9 Plays to Warm Up Winter in New York
In New York, Broadway hits its winter lull in January, as Off Broadway and beyond burst into activity. If most of the tourists have gone home after the holidays, many of the visiting theater artists have arrived from all over, for the annual festivals that draw a tantalizing breadth of new work.
The venerable Under the Radar festival (Saturday through Jan. 19), now in its post-Public Theater era, is blossoming lushly again, with some of the city’s major companies participating. The Prototype Festival (Thursday through Jan. 19) has a full menu of interdisciplinary opera, while the Exponential Festival (through Feb. 2) centers local emerging experimental theater makers. There’s also the International Fringe Encore Series (through March 16), whose lineup includes “Gwyneth Goes Skiing,” one of two Gwyneth Paltrow-focused shows at last year’s Edinburgh Festival Fringe.
It’s a bountiful month, on festival stages and elsewhere. Here are nine shows worth keeping in mind.
‘Blind Runner’
In this hourlong play by the Iranian writer-director Amir Reza Koohestani, a political prisoner in Tehran asks her husband to help a young woman, who was blinded in a protest, to run a marathon in Paris. The more dangerous race is the one they undertake from there: trying to cross the English Channel through the tunnel without being hit by a train. A two-hander performed in Persian with English supertitles, and presented with Arian Moayed’s company, Waterwell, it’s about surveillance, oppression and the insistent pursuit of freedom. The critic Michael Billington called it “mesmerizing.” Part of Under the Radar. (Saturday through Jan. 24, St. Ann’s Warehouse)
‘Wonderful Joe’
The Canadian puppet artist Ronnie Burkett is a marvel to watch, manipulating populous casts of marionettes all on his own. Too seldom seen in New York, he arrives this month for a brief run of his new play, which landed on The Globe and Mail’s top-10 list of 2024 shows. The story is about an old man, Joe, and his aged dog, Mister, who lose their home to gentrification and hit the streets, approaching misfortune as adventure. This is not puppetry for little ones, though; audience members must be 16 or older. Part of Under the Radar. (Tuesday through Jan. 12, Lincoln Center)
‘Dead as a Dodo’
The company Wakka Wakka (“The Immortal Jellyfish Girl”) descends into the underworld with this sparkling puppet piece about a pair of skeletons: a dodo and a boy. Their ancient bones are in the process of disintegrating. Then, out of nowhere, the bird grows a new bone, sprouts fresh feathers — and is apparently not dead as a dodo after all. Directed by Gwendolyn Warnock and Kirjan Waage, who wrote it with the ensemble, this show is recommended for ages 7 and up. But be warned: Wakka Wakka does not shy from darkness. Part of Under the Radar. (Wednesday through Feb. 9, Baruch Performing Arts Center)
‘Old Cock‘
American history and politics are Robert Schenkkan’s dramatic bailiwick. He won a Pulitzer Prize for “The Kentucky Cycle” and a Tony Award for “All the Way.” And Brian Cox starred as Lyndon B. Johnson in Schenkkan’s most recent Broadway production, “The Great Society.” For this satire, though, the playwright teams up with the Portuguese company Mala Voadora and the director Jorge Andrade to tell a distinctly Portuguese story, pitting the rooster that is a symbol of that country against António de Oliveira Salazar, the dictator who ruled it for decades. Part of Under the Radar. (Wednesday through Jan. 19, 59E59 Theaters)
‘Grief Camp’
Eliya Smith, a master of fine arts candidate at the University of Texas at Austin whose previous forays into New York theater include the intriguingly strange, fragmented elegy “Deadclass, Ohio,” makes her Off Broadway playwriting debut with this world premiere. Directed by the Obie Award winner Les Waters (“Dana H.”), it’s about a group of teenagers in a summer cabin in Hurt, Va., confronting loss. And, yes, even this camp has a resident guitarist. (Thursday through Feb. 16, Atlantic Theater Company)
‘Show/Boat: A River’
The experimental company Target Margin Theater does not pussyfoot when it comes to re-examining canonical classics. Adapted and directed by David Herskovits, this interpretation of “Show Boat” aims to reframe the Jerome Kern and Oscar Hammerstein II musical from 1927, about the entertainers and others aboard a riverboat on the Mississippi in the late 19th and early 20th centuries. Groundbreaking in its time for its themes, including racism and interracial marriage, “Show Boat” has long been accused of being racist itself. The content advisory warns: “The production includes racially offensive language and incidents.” Part of Under the Radar. (Thursday through Jan. 26, N.Y.U. Skirball)
‘A Knock on the Roof’
The Golan Heights-based writer-performer Khawla Ibraheem plays a Gazan woman rehearsing what she will do if she hears a low-level warning bomb — a “knock on the roof” by the Israeli military — which would mean she had only minutes to evacuate her home before an airstrike escalated. Directed by the Obie winner Oliver Butler (“What the Constitution Means to Me”), who developed the play with Ibraheem, it won awards at the Edinburgh Festival Fringe this summer. Part of Under the Radar, this production moves to the Royal Court Theater in London in February. (Jan. 10 through Feb. 16, New York Theater Workshop)
‘The Antiquities’
Jordan Harrison’s new play imagines a history of the Late Human Age as told by the “nonorganic beings” who will succeed us. Starting on the night in 1816 when Mary Shelley told her ghost story, it hops through time to 2240. Building on themes Harrison contemplated in “Marjorie Prime,” it’s about what it is to be human, and whether we’ve sown the seeds of our destruction. Produced with the Vineyard Theater in New York and the Goodman Theater in Chicago, where it is slated to run this spring. David Cromer and Caitlin Sullivan direct. (Jan. 11 through Feb. 23, Playwrights Horizons)
‘Vanya on Huron Street’
The writer-director Matthew Gasda, who first gained traction a few years back with his scenester play “Dimes Square,” now stages an adaptation of Chekhov’s “Uncle Vanya,” created with its actors over the past year. Bob Laine, a star of “Dimes Square” (which makes a fleeting return this month), plays the title role in “Vanya,” opposite fellow “Dimes Square” cast member Asli Mumtas as Vanya’s longed-for love interest, Yelena. (Jan. 14 through Feb. 4, Brooklyn Center for Theater Research)
New York
Video: Adams’s Former Chief Adviser and Her Son Charged With Corruption
new video loaded: Adams’s Former Chief Adviser and Her Son Charged With Corruption
transcript
transcript
Adams’s Former Chief Adviser and Her Son Charged With Corruption
Ingrid Lewis-Martin, who resigned as Mayor Eric Adams’s chief adviser, and her son, Glenn D. Martin II, were charged with taking $100,000 in bribes from two businessmen in a quid-pro-quo scheme.
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We allege that Ingrid Lewis-Martin engaged in a long-running bribery, money laundering and conspiracy scheme by using her position and authority as the chief adviser of — chief adviser to the New York City mayor, the second-highest position in city government — to illegally influence city decisions in exchange for in excess of $100,000 in cash and other benefits for herself and her son, Glenn Martin II. We allege that real estate developers and business owners Raizada “Pinky” Vaid and Mayank Dwivedi paid for access and influence to the tune more than $100,000. Lewis-Martin acted as an on-call consultant for Vaid and Dwivedi, serving at their pleasure to resolve whatever issues they had with D.O.B. on their construction projects, and she did so without regard for security considerations and with utter and complete disregard for D.O.B.’s expertise and the public servants who work there.
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