Update On Roosevelt Island Brutality Allegations - Assembly Member Micah Kellner Calls For Civilian Review Board For Public Safety Department/NY State Police Forces - City Council Candidate Ben Kallos Requests State Inspector General Investigation And Resident Board To Oversee Conduct Of Public Safety Department
Logo of New York City Civilian Complaint Review Board from nyc.govI asked Roosevelt Island City and State elected officials if they had:
... any comment on the recent allegations of brutality by the Roosevelt Island Public Safety Department?...and any:
... position on a civilian review board for the Roosevelt Island Public Safety Department?...Roosevelt Island Assembly Member Micah Kellner replied:
The recent allegations against the Roosevelt Island Public Safety Department are greatly concerning if they prove to be true. RIOC acted correctly in swiftly in referring this matter to the State Inspector General for review; however, this incident proves once again that New Yorkers need a state civilian complaint review board to investigate any alleged misconduct by state police forces like Roosevelt Island Public Safety .On January 9, 2013, Mr. Kellner re-introduced his 2010 bill to:
... amend the executive law, in relation to creating the New York state civilian complaint review board..Full text of bill (A00956) is here.
Ben Kallos (NYC Council Candidate for the 5th district which includes Roosevelt Island), shares this January 30, 2013 letter he sent to NY State Inspector General Catherine Leahy Scott regarding the alleged brutality incident.
Re: Complaint Regarding Roosevelt Island Operating Corporation Public Safety DepartmentFull text of letter from Mr. Kallos is here.
Dear Inspector General Scott,
Yesterday, the Daily News in an article titled "So-called 'peace officers' on Roosevelt Island are being sued over savage beating of 20-year-old who claims he was just waiting in front of a building" reported that Roosevelt Island resident Anthony Jones suffered fractured ribs and a pierced lung in an 'unprovoked' attack without being charged with a crime at the hands of state employees and officers of the Roosevelt Island Operating Corporation's Public Safety Department.
Under New York State Executive Law Article 4-A the Public Safety Department and its employees are a part of Roosevelt Island Operating Corporation which is a State entity under the jurisdiction of your office.
On behalf of Anthony Jones and the residents of Roosevelt Island, I am writing to request that the Office of the Inspector General investigate the incident alleged in this article as well as previous incidents relating to the conduct of the Roosevelt Island Operating Corporation Public Safety Department.
We respectfully request that any resolution to your investigation include the implementation and ongoing support for a body comprised of residents of Roosevelt Island to oversee and review the conduct of the Roosevelt Island Operating Corporation Public Safety Department.
Thank you in advance for your assistance in ensuring that State government, its employees and those who work with the state meet the highest standards of honesty, accountability, and efficiency.
As reported previously, the Roosevelt Island Operating Corp (RIOC) has submitted the brutality allegations which are subject to pending litigation to the NY State Inspector General's Office for review.
Mr. Kellner and Mr. Kallos are currently both seeking the 2013 Democratic Party nomination for NYC Council District 5.
On February 1, I sent the following inquiry to RIOC Acting President Don Lewis, Public Safety Department Director Keith Guerra and RIOC Directors:
What is the current work status of any officer or supervisor involved in the recent alleged Public Safety brutality incident?No reply yet.
Are the officers/supervisors currently on duty or in some other status pending results of any investigation.
If their status has changed since the incident, what was the date the status changed.
34 comments :
A council CANDIDATE wrote a letter? That sounds a bit off balanced.
I cannot conceive or remotely try to agree that a body comprised of residents can be fair and equal when reviewing incidents. If Mr.Smith got a few ng tickets, I can't see him being fair. If Mrs.Smith received a driving summons for talking on the cellphone, she probably will not be fair also. Coming up with an idea sounds great, coming up with a fair system is a different animal and I see no answers or direction on how it can be fair.
They are politicians. None of what they say and promise has anywhere of becoming reality down the road. As Kellner said in his first sentence "if they [the allegations] prove to be true". Hot air. No facts.
Mr. Prozakis, what is your opinion of the right to trial by jury? Is that also an unfair form of review?
You obviously never had the chance to go to "jury duty". You are not automatically selected a juror. They ask you questions to test your impartiality. How can there be a pronged test on a small island less than 15,000?.
Instead of arguing me about it, how about you conjure up an idea on how to do it. I am no longer a resident and I have no direct say other than opinion.
How about small towns, then? There are plenty of counties in the United States with fewer than 15,000 residents, and somehow jury selection still happens.
That said, I like the idea of a statewide CCRB-like organization, with professional investigators and a standardized method for pursuing complaints.
Not all complaints are legitimate, and not all complaints are illegitimate. But all should be independently investigated. There needs to be an external check on Public Safety, for the protection of the citizens of RI, and the officers themselves.
If this particular complaint has no merit, a report by an independent investigative body which exonerates the officers involved would be a powerful tool in PSD's effort to rebuild its credibility with the community.
With a huge city as New York there's no reason to risk integrity and impartiality by only sticking with island residents. Lets face the facts here. As stated there is a lot of talk and no walk. Where are the rules, guidelines, cost are a great deal of hurdles in store to get the groundwork set.
Officer Prozakis: You continue to demonstrate you're not NYPD and not a New Yorker. You say "I cannot conceive or remotely try to agree that a body comprised of residents can be fair and equal when reviewing incidents", which shows you're not NYPD . NYPD's CCRB (a success) is an all-civilian board. Yes, New Yorkers get parking tickets, but somehow they make the NYPD CCRB work successfully in light of a parking shortage. Kellner's legislation said it would be modeled on the NYPD CCRB, so presumably a similar selection criteria would apply.
According to the NYPD's CCRB FAQ: Q. Who sits on the board? A. The board is made up of thirteen members of the public. Five members, one from each of the five boroughs, are designated by the city council, three members with law enforcement experience are designated by the police commissioner, and the remaining five members are selected by the mayor. The mayor appoints all 13 members and selects the chair. The members must be residents of New York City and reflect the city's diversity. The board hires the executive director, holds monthly public meetings, oversees agency operations through numerous committees, and sets policy. The board reviews all investigations and makes findings on every allegation raised by every complaint.
However, had you actually been NYPD, you wouldn't be posing these naive points. Stop pretending you're NYPD and a New Yorker, you're just a poser.
So now the problem is money, not impartiality. If these allegations are proven true, you can bet the victim will sue -- and rightfully so. Where will the settlement money come from?
Listen Detective, I think you are bitter you couldn't pass the psychological eval to pd.
The board is the board, they don't investigate a think. A brand new fresh graduate from college interrogates the cops and submits their own determination of wrong doing, or exoneration.
Who is going to be the investigating body for complaints?
I was not alive nor was I a police officer when CCRB was first made. This is a highly interesting topic,
It is a little bit of both to be honest.
Who will pay for this and how can the investigators be found impartial?
Two very important questions.
Officer Prozakis: You weren't alive in 1993 when the NYPD CCRB was created? 6000 complaints and a budget of $12 million is approx. $2,000/complaint. NYPD CCRB has independent investigators.
That's what I use for using auto spell check. I was very much alive in 1993.
Having a board is one thing, but who will actually investigate the actions?
Officer Prozakis: As an NYPD officer you don't know how CCRB investigates? With 6000 complaints/yr, about 60/precinct, yet don't know anyone in your precinct with a complaint? You're a faker troll.
Frank Farance a.k.a. Chris Hansen on NBC's To Catch a Predator.
I absolutely know how it is investigated, I have went to CCRB, have you?
Stop acting like you know everything. It's really annoying. Looking things up on the Internet is different from real life experience.
You are a faker troll in knowing everything. You never had a pimpled 21 year old fresh out of college interrogating you about your proper actions, only to be stagnant while you wait for your final disposition. Marked on your file for life, right or wrong. Anytime you apply for a new unit, it must be written down.
Stop being a pretend know it all. This is out of control.
His points are not completely valid if he has no life experience within those points. I cannot make myself an instant expert in let's say for example in computer programming by looking it up on the Internet. I, have had real life encounters with CCRB. Yes, sometimes they are in your favor if you are right, sometimes they are not, even if you are right.
I was simply asking how can something be put together on a small island to circumvent problems for all parties involved?
So far I have yet to hear an answer, only attacks from mr. Anti police. I have noticed he attempts to discredit an individual by attacking them in bad ways. Not right at all. If you cannot hold a decent conversation, why reply to the thread.
Officer Prozakis: The problems I have with your comments are: (1) you don't show knowledge for your purported personae (resident, New Yorker, NYPD officer), and (2) when that is pointed out, you only show what might be found on the internet.
To Mr. Webster's point: either Officer Prozakis is just baiting you (because he has knowledge but won't inform us), or he's just a troll picking apart legitimate points or criticism of Public Safety.
When Officer Prozakis says "I absolutely know how it is investigated ...", then why does he make points like:
- "I cannot conceive or remotely try to agree that a body comprised of residents can be fair and equal when reviewing incidents. ... Coming up with an idea sounds great, coming up with a fair system is a different animal and I see no answers or direction on how it can be fair". Why would Offier Prozakis make this incorrect statement if, in fact, this *is* how the CCRB works, and that its composition of *civilians* has produced its best work for NYC and NYPD?
- "Who is going to be the investigating body for complaints?". Why would Officer Prozakis be asking this question if he, purportedly, "absolutely knows" the CCRB? Wouldn't he be explaining how it works in the CCRB?
- "The board is the board, they don't investigate a think. A brand new fresh graduate from college interrogates the cops and submits their own determination of wrong doing, or exoneration." Not true, the investigators have training from a variety of sources, including law enforcement agencies outside NYPD. Why would Officer Prozakis provide misleading information if he "absolutely knows" the CCRB?
- "Instead of arguing me about it, how about you conjure up an idea on how to do it." If Officer Prozakis has such strong knowledge of CCRB as an NYPD officer, why isn't he explaining "this is how CCRB works ..."?
Mr. Webster, something isn't right about Officer Prozakis and much hunch is that he isn't who he purports to be. Additionally, he is not informing us with his purported knowledge, he is just picking things apart, such as your good point that jurors are selected in small towns. Really, read Officer Prozakis' comments, something is not right. Just expressing a concern about him ...
You have absolutely no working knowledge of anything.
Why can you not understang that we have moved on from the city CCRB, my question was how can this be adopted on the island. Why can you not comprehend that?. You have rediculous concerns as I am indeed and in fact a police officer. I express my questions because I know it is a small island. I personally cannot look past that as having a dedicated island investigating body.
Is that too much to ask. Have you ever heard of questions and curiosity?.
The board on CCRB does not do the actual investigation, a young man or woman site you down in a room, along with your union appointed attorney, and grills you on what you allegedly did wrong.
If you had working knowledge of that, you would know this.
If you had working knowledgeinvestigation can be stagnant for months at a time, if not a year until itis closed
If there is to be no CCRB, then the inspector general should come to RI and listen to the complaints.
There's a lack of response to complaints that have been addressed to the "shadowy" inspector general's office. Has anyone ever received a letter or message back from the inspector general's office about any of the incidents of RIPSD brutality?
And, nothing seems to have changed at RIPSD over the past few years; instead, things seem to be getting worse. If the inspector general cannot reform the RIPSD, then who can?
Yes, the inspector general should conduct careful investigations of incidents. But, the RIPSD needs to be reformed, and the citizenry on the island need to be reassured that needed reforms will be carried out. The reforms are something that should have already happened -years ago.
Well from what I have seen in the videos it appears to me that there are a vast number of residents who attended the forum who have absolutely no idea what the police can or cannot do. This must be corrected with no other way but by education. It is my understanding that the island has gotten a bit out of control by reading past articles. It also appears to me that there is a gang element on the island. These factors can or cannot lead to making more arrests. In the simple factor of probability, it is a great chance that more incidents may result in further issues with use off force to subdue a perpetrator , for the record I am not talking about the last incident, simply an overall view on what may happen.
We are all trained, and I can assume that public safety have been trained in the use of force continuum. In order to carry a baton, one must be trained and pass the course which consists of the use of force continuum. A baton is not considered deadly physical force unless it is used as deadly physical force to overcome death or serious physical injury to the officer, officers or bystanders. An officer is allowed by law to use physical force or any force short of using serious physical injury and death on purpose to effect an arrest. As we all know killing someone or beating them into a coma on purpose will be construed as murder or manslaughter or felony assault for any officer. Again, I am not directing this to the last incident.
An officer is allowed to strike an active resisting arrestee to gain compliance if physical force or "pepper spray" is not working.
Just my personal opinion but it sounds like some people have absolutely no clue what they were talking about. It would be absolutely dangerous to intervene an arrest situation as you will end up arrested for obstruction. It was also sad how someone assumed they can call the nypd if they believe abuse is taking place or a person is arrested unnecessarily. That is not your place. You have no idea what the arrestee did to be placed under arrest nor do you know the facts. That is up to the district attorneys office to decide on the facts. This is why we have a court system in place.
More observation from the video, it is assumed that nypd gets a wide array of up to date training. Fact is the majority of us have not had more training since leaving the police academy. Perhaps an oversight committee on the island should be put in place for training within the public safety? That way it is ensured every member is up to guidelines and standards. It's not my place to say or give my direct input for the island anymore but maybe alternative options need to be looked at from different angles.
It is a misguided claim that Roosevelt Island residents' lack of information or misinformation is responsible for the abusive and over-reactive behavior by Roosevelt Island PSO's. The PSD was hired to provide safety and protection for the residents of Roosevelt Island not to threaten or abuse them. Central in many comments, replies, and statements made in the media regarding allegations of abuse by the PSD, by those in support of the PSD and its actions, is the need for the PSD and it's officers to be respected. Contrary to what PSD may believe this lack of respect has been well earned as witnessed by the recent behavior of it's officers. And let's not forget the effect of PSD's mind-set and apparently yours too, that telling residents what PSO's have a right to do to them will actually prevent altercations with PSO's and gain them respect. Threatening residents with arrest, the use of a baton, pepper spray or force whenever a PSO deems it necessary is Neanderthal behavior at best and has proven time and again not work. Neither will simply posting flyers about what people on Roosevelt Island cannot do, like smoke in the hallways. If the the PSD really wants to gain the respect of the Island's residents it will first have to show respect for the rights of the Island's residents, not disrespect. PSO's must understand that every resident is innocent until proven guilty_not every stop they make is for criminal behavior though the PSO may perceive it to be. It's going to be hard but PSO's are going to have to learn to keep adrenaline in check and fists unclenched whenever they are called to do duty. Not only is the quality of life on Roosevelt Island at stake here but so are the economics of our Island at stake. Each time PSD shows a lack of community understanding and concern for the future of Roosevelt Island, all of us lose. The Island is a desirable place to live and work. Entrepreneurs and shop owners are locating their businesses here and visitors are come more and more to enjoy what is a very special experience. Let's keep it alive. Rather than PSD telling Roosevelt Island residents what it has a right to do to them, tell them what they can expect of the PSD. Mutual respect will come from mutual respect.
George, be careful. It is misguided for anyone to claim lack of information or "misinformation" on the part of Roosevelt Island residents is responsible for the abusive behavior of the Roosevelt Island PSD and its PSO's. The PSD was hired to provide safety and protection for the residents of Roosevelt Island not to threaten or abuse Supporters of the PSD as well as the PSD itself, make it clear that PSD and it's officers do not "feel" respected. And, that the best way for PSD to gain respect is for PSD to tell residents what it has within its power to do to them. However, contrary to what PSD may believe this lack of respect has been earned, as evidenced by the many complaints against it and it's officers. Threatening residents with arrest, the use of a baton, pepper spray or force whenever a PSO deems it necessary is Neanderthal behavior at best. The threat of force does not to work. Neither will posting flyers about what people on Roosevelt Island cannot do. If the PSD seriously wants to gain the respect of the Island's residents it will first have to show respect for the rights of the Island's residents, not disrespect. PSO's must understand that every resident is innocent until proven guilty and that not every stop they make is for criminal behavior, even though the PSO may sometimes perceive it to be do. PSO's must learn to keep their adrenaline in check and fists unclenched whenever they are called to do duty. Not only is the quality of life on Roosevelt Island at stake, but so are the economics of our Island at stake. Each time PSD shows a lack of community understanding and concern for the future of Roosevelt Island, all of us lose. The Island is a desirable place to live and work. Entrepreneurs and shop owners are locating their businesses here and visitors are more and more coming here to enjoy what is a very special experience. Let's keep it alive. Rather than PSD telling Roosevelt Island residents what it has a right to do to them, it must tell residents what they can expect of the PSD. Mutual respect will come from mutual respect.
I can't say I do not agree with you. What needs to be evaluated is why has there been an escalation of resistance from both sides of the fence.
Looking from an overall perspective, i am curious to know why regular residents who not have encounters with the police/public safety, why are they getting directly involved?. I understand that there has been an alleged case of brutality, but what has caused this uproar from people who have not had encounters?.
What is causing from what I understand aggressive stance from public safety department?. Is it a higher criminal element surrounding the community?. Or is it a training issue?. As a police officer and from working in several areas and even different shift hours, i can say the police act very different at different time and with dealing with the so called criminal element at different locations. In slow commands with low crime rates the police patrol in a very lax manner but once a height in crime spikes, or a crime pattern has been established, everyone is on immediate guard.
I guess looking at things from the police view is a bit different from the outside view. For the record I am not defending them, it's just I guess easier to understand a heightened setting, if there is one. I don't know if there is one, I am only putting it out there as it seems like these events are fairly new. It just seems to me that there is an underlying situation that no one is seeing somewhere. I think in my simple opinion it is something that needs to be looked at.
On a side question anyone have the number to the new buildings near the tram for rentals. Are they renting the apartments or are they only for sale or both? Someone mentioned to me they are selling apartments too.
Many people have had "encounters" (not as severe as the current incident) but have not previously spoken up, for whatever reason.
Thanks for your perspective from Public Safety/Police point of view. It is appreciated.
Also, 405, next to the Tram, is all rental. The other building at 415, 425 and 455 are mixed - rent/sale by owners.
Below is link to leasing office at Riverwalk apartments near the Tram.
http://www.related.com/rentals/RiverwalkCrossing/
Well that tells you lack of respect if nypd comes and shoes them away and public safety has a tough time.
Officer Prozakis: I'm not disagreeing with you, but the lack of respect is caused by Public Safety's patrolling techniques.
Here's another example. I was driving by the deli one night and saw a Public Safety officer running full steam after someone. So, thinking the officer might need help right away, he didn't have time for the radio, there were many in the group outside the deli, and seeing no other officers, I called Public Safety immediately. They said they were aware of the problem at the deli. After parking the car, I stopped into PSD headquarters to ask about the officer. The person at the desk said things were fine as they pointed to the flat panel display.
So rather than add more officers they were willing to let that officer chase someone (and sorta look dumb as the others watched him enforce ineffectively). It seems like a "doctrinal" problem in that they continue to approach these things ineffectively: have four officers tackle a 140 pound man (causing head injuries), have one officer handle a group of a dozen.
Not taking sides but even in the precinct when a citizen enters we do not disclose what happened. We usually tell people all is well and have a nice day. I don't know if they gave you the same treatment of not to create panic, but we tend to do that ourselves. I think you did a noble thing by calling their phone number as when we need help usually other people call for us also.
I cannot foresee an officer running after a person alone with no help. That is considered a big no good situation and bad tactics if the officer did not immediately call ahead for a pursuit. Perhaps again, if he or she did not call a pursuit over it seems like retraining is needed. If he or she did then I guess the aftermath is really unknown if the officer on the desk simply told you all is well and basically blew you off in a kind way.
I'm tired, going to try to see how sleep works out tonight.
Thanks to Roosevelt for the information.
Officer Prozakis: Agree with you and that was the point I was making: it doesn't make sense that a single officer would do this alone, maybe it's a training issue. It might be a "doctrine" problem, which is a different kind of training problem (I'm using "doctrine" in the military sense).
For example, when I accompanied Public Safety on vertical patrols in the 1990's, it seemed those officers had a better sense on these kinds of interactions. If (say) they saw a door open, they'd call in with all the info before even knocking or entering. Made sense for many reasons. That seems like good "doctrine".
Truly, I was worried for the officer, which is the reason I called PSD and followed up afterwards.
After a bit of research and quizzing, it is found that public safety does not fill out pre made forms from the ADAs office. Apparently every case is drawn up with an ADA either via phone and fax or in person.
So, the way nypd does it and the public safety does it are two completely separate subjects.
Guerra touts he's a law enforcement trainer, I don't understand how he gets this wrong for his department. So PSD doesn't use standardized forms that might cultivate standardized / uniform execution of business processes in the enterprise (in this case, a law enforcement kind of enterprise). A lack of standardization can produce errors, misunderstandings, and so on. When there is a standard, then there needs to be a rationale for why one does not use that standard in the business. Guerra has had five years to do this, what is that rationale?
Apparently the only time a trespass affidavit is used primarily used for NYCHA buildings. Outside of that, it's not used outside of the nypd. It is my understanding they do use the shoplifter affidavit and controlled substance/marijuana affidavits.
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Anybody have any idea what is the current status of Kellner's CCRB bill?
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