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N.Y.P.D. Must Rewrite Rules for Policing Protests After Sweeping Deal

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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.

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“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.

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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.

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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.”

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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.

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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.

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The settlement says: “No individual will have any force used against them on account of their lawful First Amendment speech.”

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New York

Transcript of Trump Manhattan Trial, May 30, 2024

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Transcript of Trump Manhattan Trial, May 30, 2024

-
Jury Deliberation Re-charge
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK CRIMINAL TERM
-
-
PART: 59
Χ
THE PEOPLE OF THE STATE OF NEW YORK,
-against-
DONALD J. TRUMP,
DEFENDANT.
BEFORE:
Indict. No.
71543-2023
CHARGE
4909
FALSIFYING BUSINESS
RECORDS 1ST DEGREE
JURY TRIAL
100 Centre Street
New York, New York 10013
May 30, 2024
HONORABLE JUAN M. MERCHAN
JUSTICE OF THE SUPREME COURT
APPEARANCES:
FOR THE PEOPLE:
ALVIN BRAGG, JR., ESQ.
DISTRICT ATTORNEY, NEW YORK COUNTY
One Hogan Place
New York, New York 10013
BY:
JOSHUA STEINGLASS, ESQ.
MATTHEW COLANGELO,
ESQ.
SUSAN HOFFINGER, ESQ.
CHRISTOPHER CONROY, ESQ.
BECKY MANGOLD, ESQ.
KATHERINE ELLIS, ESQ.
Assistant District Attorneys
BLANCHE LAW
BY:
TODD BLANCHE, ESQ.
EMIL BOVE, ESQ.
KENDRA WHARTON, ESQ.
NECHELES LAW, LLP
BY: SUSAN NECHELES, ESQ.
GEDALIA STERN, ESQ.
Attorneys for the Defendant
SUSAN PEARCE-BATES, RPR, CSR, RSA
Principal Court Reporter
LAURIE EISENBERG, RPR, CSR
LISA KRAMSKY
THERESA MAGNICCARI
Senior Court Reporters
Susan Pearce-Bates, RPR, CCR, RSA
Principal Court Reporter

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New York

Transcript of Trump Manhattan Trial, May 29, 2024

Published

on

Transcript of Trump Manhattan Trial, May 29, 2024

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK CRIMINAL TERM
-
THE PEOPLE OF THE STATE OF NEW YORK,
PART: 59
Indict. No.
71543-2023
CHARGE
-against-
DONALD J. TRUMP,
DEFENDANT.
BEFORE:
4815
FALSIFYING BUSINESS
RECORDS 1ST DEGREE
JURY TRIAL
X
100 Centre Street
New York, New York 10013
May 29, 2024
HONORABLE JUAN M. MERCHAN
JUSTICE OF THE SUPREME COURT
APPEARANCES:
FOR THE
PEOPLE:
ALVIN BRAGG, JR.,
ESQ.
DISTRICT ATTORNEY, NEW YORK COUNTY
One Hogan Place
New York, New York 10013
BY:
JOSHUA STEINGLASS, ESQ.
MATTHEW COLANGELO,
ESQ.
SUSAN HOFFINGER, ESQ.
CHRISTOPHER CONROY, ESQ.
BECKY MANGOLD, ESQ.
KATHERINE ELLIS, ESQ.
Assistant District Attorneys
BLANCHE LAW
BY:
TODD BLANCHE, ESQ.
EMIL BOVE, ESQ.
KENDRA WHARTON, ESQ.
NECHELES LAW, LLP
BY: SUSAN NECHELES, ESQ.
Attorneys for the Defendant
SUSAN PEARCE-BATES, RPR, CSR, RSA
Principal Court Reporter
LAURIE EISENBERG, RPR, CSR
LISA KRAMSKY
THERESA MAGNICCARI
Senior Court Reporters
Susan Pearce-Bates,
RPR, CCR, RSA
Principal Court Reporter

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New York

Critics Fault ‘Aggressive’ N.Y.P.D. Response to Pro-Palestinian Rally

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Critics Fault ‘Aggressive’ N.Y.P.D. Response to Pro-Palestinian Rally

Violent confrontations at a pro-Palestinian rally in Bay Ridge, Brooklyn, on Saturday reflected what some local officials and protest organizers called an unexpectedly aggressive Police Department response, with officers flooding the neighborhood and using force against protesters.

At the rally, which drew hundreds of demonstrators, at least two officers wearing the white shirts of commanders were filmed punching three protesters who were prone in the middle of a crosswalk. One officer had pinned a man to the ground and repeatedly punched him in the ribs, a 50-second video clip shows. Another officer punched the left side of a man’s face as he held his head to the asphalt.

The police arrested around 40 people who were “unlawfully blocking roadways,” Kaz Daughtry, the department’s deputy commissioner of operations, said on social media on Sunday.

Mr. Daughtry shared drone footage of one person who climbed on a city bus, “putting himself and others in danger.” The Police Department, he wrote, “proudly protects everyone’s right to protest, but lawlessness will never be tolerated.”

Neither Mr. Daughtry nor the police commented on the use of force by officers. A spokeswoman for Mayor Eric Adams did not immediately respond to a request for comment about the police response. The Police Department’s patrol guide states that officers must use “only the reasonable force necessary to gain control or custody of a subject.”

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Bay Ridge has a significant Arab American population and hosts demonstrations in mid-May every year to commemorate what Palestinians call the Nakba, or “catastrophe” — when hundreds of thousands of Palestinians fled or were forced from their homes during the war that led to Israel’s founding in 1948.

Andrew Gounardes, a state senator and a Democrat who represents the area, said local politicians had been in touch with the commanding officer of the 68th police precinct before the preplanned protest and said there had been no indication that there would be such a heavy police response. He called the videos he saw of the events “deeply concerning.”

“It certainly seems like the police came ready for a much more aggressive and a much more confrontational demonstration than perhaps they had gotten,” he added.

Justin Brannan, a Democrat who is the city councilman for the area, said the protest was smaller than last year’s but that officers had come from all over the city to police it. He said their approach appeared to be directed by 1 Police Plaza, the department headquarters in Manhattan.

“These were not our local cops. Clearly, there was a zero-tolerance edict sent down from 1PP, which escalated everything and made it worse,” Mr. Brannan said.

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“I’m still waiting on information and details about the arrests that were made,” he added, “but from my vantage point, the response appeared pre-emptive, retaliatory and cumulatively aggressive.”

The Republican state assemblyman whose district includes parts of Bay Ridge, Alec Brook-Krasny, had a different perspective. He said an investigation would determine whether the officers’ actions were warranted, but he said some protesters were “breaking the law” by refusing to clear the street.

“I think that those bad apples are really hurting the ability of the other people to express their opinions,” Mr. Brook-Krasny said.

Some local residents supported the police and said they were tired of the protests’ disruptive impact. “Enough is enough,” said Peter Cheris, 52, a 40-year resident of Bay Ridge, who said he had viewed the videos of the protest. “If you’re going to break the law, you deserve it,” he said.

Donna Lieberman, the executive director of the New York Civil Liberties Union, singled out the presence of the Police Department’s Strategic Response Group, a unit that is sometimes deployed to protests and has been the subject of several lawsuits brought by the civil liberties union and other groups.

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The police unit’s handling of the demonstration “was a violation of New Yorkers’ right to speak out and risks chilling political expression,” Ms. Lieberman said in a statement. “N.Y.C.L.U. protest monitors witnessed violent arrests, protester injuries, and even arrests of credentialed members of the press.”

She added: “The continual pattern of N.Y.P.D. aggression against pro-Palestine demonstrators raises important questions about the city’s disparate treatment of speakers based on their message.”

Abdullah Akl, an organizer with Within Our Lifetime, the pro-Palestinian group that organized the protests, said the response took organizers aback, particularly for a demonstration that occurs every year in Bay Ridge and is known to be frequented by families with children.

“It was really an unusual and unprecedented response,” Mr. Akl said.

He said he witnessed two men being pushed to the ground. One of them can be seen in a video with blood streaming down the side of his face. Nerdeen Kiswani, chair of Within Our Lifetime, said three protesters — including the two who can be seen being punched — were treated for their injuries at hospitals.

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The Police Department has arrested hundreds of demonstrators since street protests began shortly after the Hamas attack on Israel on Oct. 7 and Israel’s subsequent invasion of Gaza. The protests have been largely peaceful, with few injuries or violent clashes.

In a turning point, on April 30 officers cleared Hamilton Hall at Columbia University, which had been occupied by protesters for 17 hours. Many officers showed restraint during the arrests, though a handful were filmed pushing and dragging students as they removed them from the building.

On Sunday, Ms. Lieberman said police response to the protests in Bay Ridge underscored the importance of implementing the terms of a $512,000 settlement the civil liberties union and the Legal Aid Society reached with the city this month. The settlement set new terms for how the Police Department manages protests, creating a tiered system that dictates how many officers can be sent to demonstrations and limits the use of the Strategic Response Group. It will take years to put into practice.

The settlement is one of several that stemmed from the George Floyd racial justice protests in 2020. Last year, the city agreed to pay $13.7 million to settle a class-action lawsuit that claimed unlawful police tactics had violated the rights of demonstrators in Manhattan and Brooklyn. In March, the city agreed to pay $21,500 to each of roughly 300 people who attended another Black Lives Matter protest in 2020 in the Bronx. Those people were penned in by the police, then charged at or beaten with batons, according to a legal settlement.

Andy Newman and Camille Baker contributed reporting.

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