Sunday, July 12, 2015

Police Special Prosecutor

Garner Chokehold One Year Later
No $5 Million Settlement With Garner Family Will Sue for $75 Million 
Monday ERIC IS WORTH MORE: Garner’s widow Esaw rejects city's $5 million offer to settle wrongful death lawsuit — negotiations to continue until Friday: source (NYDN) * A $5 million settlement won’t satisfy the heartbroken family of Eric Garner. A source familiar with ongoing negotiations between NYC Comptroller Scott Stringer and the family of the Staten Island man killed by an NYPD cop say that his widow, Esaw Garner, turned down the hefty offer last week.  A source said Esaw Garner, the widow of Eric Garner, rejected a $5 million settlement offer from the city, but her attorney is urging her to accept it and file a second suit against EMTs *  Year After Garner’sDeath, Whose Side Is de Blasio On? (NY Mag)

YEAR WITH NO JUSTICE: Eric Garner's family still awaits closure as $75 million lawsuit and federal investigation loom (NYDN) * THE DAY IT BROKE: Video from the moment Eric Garner died (NYDN) *  Editorial: Eric Garner, a death that changed all (NYDN Ed) * "Local residents & landlords say the #EricGarner deathactually made the area more lawless”  (NYDN) * Sources tell the Daily News that the Eric Garner family’sattorney is in talks with city Comptroller Scott Stringer’s office that could result in a settlement and that a possible federal case against NYPD Officer Daniel Pantaleo is ratcheting up.  As the one-year anniversary of Eric Garner’s death nears, New York and America are still struggling with the painful recognition that we have yet to enter the post-racial era so fervently wished for * Police still 'have a license to kill,' a year after EricGarner was choked to death, says his mother Gwen Carr (NYDN) * NYPD monitor hit with warning from Conflicts of Interest Board for paid consultant role (NYDN) * CAMERA CRUSADE: NYPD to give 5,000 cops body cams as the public continues to catalogue police activity with cell phones — an act Bratton says is sometimes ‘agitating’ (NYDN) * DA’s Association: Special Prosecutor Executive Order ‘Gravely Flawed’ (Updated) (YNN) * In Memo, Schneiderman Outlines DAs Role (Updated)  * Attorney General Eric Schneiderman said district attorneys will be able to collect evidence and interview witnesses in the hours after police kill unarmed civilians, but cannot enter into plea agreements or grant immunity, Gannett Albany reports:  * In Memo, Schneiderman Outlines DAs Role (Updated) (YNN) *    Mark-Viverito: No justice yet for Garner family (Capital)

Daily News: Bronx DA Poor Record When Cops Kill Civilians 

Bronx cheer forBronx DA Bob Johnson for his poor record on cases when cops kill civilians(NYDN Ed) Speaking of Schneiderman’s team, Johnson said: “I am sure that their office has nowhere near the experience that my assistants and I have amassed.” He added: “My office has handled at least nine controversial death cases involving the NYPD and two non-fatal cases.” Actually, Johnson has nothing to brag about. Of those nine cases, Johnson failed to present several to grand juries, which most prosecutors do automatically in probes of deadly police-civilian encounters. Worse, two of Johnson’s big cases fell apart. In 2013, he indicted Officer Richard Haste for manslaughter for shooting unarmed teenager Ramarley Graham in the Graham family’s apartment. Haste said he believed Graham had a gun. Later that year, a judge dismissed the indictment, finding flaws in Johnson’s grand jury presentation. A second grand jury failed to indict, leaving Johnson to fume that he was shocked. In 1995, Johnson indicted Officer Francis Livoti in the chokehold death of 29-year-old Anthony Baez. Again, a judge tossed the charge, this time on the ground of an improper grand jury instruction. Johnson indicted Livoti again and lost at trial. Only because federal prosecutors then took over the case was Livoti eventually convicted. This year, Manhattan U.S. Attorney Preet Bharara convicted Rikers Island Capt. Terrence Pendergrass for denying medical help to an inmate who had died after swallowing a toxic ball of soap. Bharara stepped in after Johnson declined to prosecute.* Bronx moms who lost sons topolice killings furious at DA (NYDN) * The Daily News writes that Bronx District Attorney RobertJohnson has “nothing to brag about,” when it comes to his office’s handling of NYPD officers’ killing civilians, despite his statements on the matter: * The state District Attorneys Association is opposing Gov. Andrew Cuomo’s executive order making the attorney general a special prosecutor in police-related killings, saying it is “gravely flawed,” State of Politics reports: *  The amount of oversight and review that New York City District Attorneys undergo varies widely by borough, leading to many wrongfully convicted cases being ignored for years, Gotham Gazette reports:  * Special prosecutor for cops: Here come the witch hunts (NYP Ed) * In Memo, Schneiderman Outlines DAs Role (Updated) * Schneiderman issues directive to district attorneys (Capital)

Police Special Prosecutor 
'IT'S A DAY OF ACTION': Cuomo gives attorney general authority to prosecute police-involved deaths (NYDN) * Cuomo’s Order for Special Prosecutor in Police Deaths Is Criticized (NYT)  Although families of people killed by the police applauded the executive order, they also expressed disappointment that it did not encompass all police-related civilian deaths. * Cuomo officially signed an executive order appointing Attorney General Eric Schneiderman as special prosecutor for police-related killings at an announcement at John Jay CollegeState of Politicsreports:  * Cuomo, Signing Executive Order, Signals For Broader Deal On Criminal Justice Reforms (YNN) * After signing an executive order establishing state AG Eric Schneiderman as a special prosecutor to investigate civilian deaths at the hands of law enforcement, Gov. Andrew Cuomo will appear on the Rev. Al Sharpton’s show tonight. * Governor Signs Executive Order Appointing State AG as Special Prosecutor in Cases Where Police Kill Civilians (NY1) Cuomo to Appoint Special Prosecutor for Killings by Police (NYT) With pressure mounting, Gov. Andrew M. Cuomo said he was preparing an executive order naming Attorney General Eric T. Schneiderman as a special prosecutor for police-related civilian deaths. * Cuomo also announced that an executive order allowing New York Attorney General Eric Schneiderman to serve as a special prosecutor in police-related civilian deaths will be ready this afternoon, the Times Union reports:   * Cuomo’s executive order giving Attorney General EricSchneiderman the power to investigate deaths of unarmed people in police encounters is a first step toward restoring trust in the criminal justice system, the Times Union writes:

We Also Need A Special Prosecutor for Political Corruption 
99% of the political corrupt cases against NY's elected officials have come from federal prosecutors.  The dirty little secret of city district attorneys was since the days of Tammany Hall rule that that they did not go after the political machines and elected officials that elected them. Now as campaign power has shifted from machines to campaign consultants lobbyists it is becoming increasing clear that the city's DAs not only depend on them during election time, but look the other way when political corrupt is connected to them. While the old political machine pulled out the people it gave services to the consultants depend on manipulate voters with spin.  It is also now becoming clear that many of these campaign consultants will brake election laws and organize conspiracy with others to elect their candidates to office.  Which is exactly with the the FBI and the CFB are investigating the Advance Group for their role in the NYCLASS PAC. * Trapped by New York’s Bail System (NYT Ed) No one should have to await their trial in jail simply because they could not afford bail.

 Editorial: A legacy of Eric Garner (NYDN Ed) * Some criminal justice advocates said they were disappointed Gov. Andrew Cuomo’s special prosecutor executive order did not empower the attorney general to handle all police-related civilian deaths, The New YorkTimes reports:   * The Daily News credits Cuomo for signing an executive order authorizing the attorney general to handle cases where police kill unarmed civilians and applauds the family of Eric Garner and other advocates as well: * In interview with Sharpton, Cuomo defends executive order (Capital) * Simmons Praises Cuomo For Executive Order (YNN) *   Although families of New Yorkers killed by police flanked the governor at the signing and applauded the move, they also expressed disappointment that the order does not encompass all police-related civilian deaths, but only those cases in which the victim was unarmed or where there is significant question if the victim was armed and dangerous, as determined by the attorney general. * New York Attorney General, Now Investigating Police Killings, Forms Special Unit (NYT)  Attorney General Eric T. Schneiderman said his office was responding to a “crisis in confidence” in the public’s perception of the ability of local prosecutors to handle these cases properly. * The Times describes de Blasio’s plan to circumvent bail for some low-level, non-violent offenders “promising,” but writes that the governor and Legislature should pass a related bill to further reform an unfair system:  * The Daily News writes that the stop-and-frisk monitoroverseeing the NYPD has proved reasonable and realistic in his first report, which called for testing body cameras on about 1,000 more cops: * Gov. Andrew Cuomo’s appointment of the state attorney general to act as a special prosecutor to investigate police killings drew criticism from law-enforcement unions, who questioned whether the Democrat’s blanket policy is appropriate. * Now that his office has this new power, Schneiderman named members of his Special Investigations and Prosecutions Unit. Alvin Bragg, Schneiderman’s executive deputy attorney general for social justice, will head the unit. * “This is not a knock on local prosecutors. This does not mean local prosecutors don’t do their jobs,” Schneiderman insisted. * Schneiderman downplays potential for conflict with D.A.s (Capital) * * New York police unions criticized Cuomo’s decision to appoint the attorney general as special prosecutor for police-related killings, questioning whether it’s appropriate to single out law enforcement, Gannett Albany writes: *  Dan Janison takes a look at the risks – and there are many – for AG Eric Schneiderman now that Cuomo has named him a special prosecutor to handle deaths in which unarmed civilians are killed by law enforcement.

 Eric Garner’s Mother Rallies for StrongerSpecial Prosecutor in Police Killing Cases (NYO) *   Cuomo: Special Prosecutor Executive Order Coming Soon (Updated) (YNN) * Cuomo eyes special prosecutor to probe killings by police (NYP) Wednesday Update Cuomo did not sign an executive order for a special prosecutor on Tuesday as planned after he met with families of civilians killed by cops, although his office said he would sign the order “soon,” The WallStreet Journal writes:   * The Post’s Bob McManus predicts that, with the anniversaryof Eric Garner’s death approaching, New York City lawmakers, particularly City Council Speaker Melissa Mark-Viverito, will ramp up the “cop bashing” rhetoric: * With pressure mounting from families whose loved ones have died at the hands of a police officer, Gov. Andrew Cuomo said that he was preparing to issue an executive order naming the state attorney general as a special prosecutor for police-related civilian deaths. *  Cuomo initially said he planned to sign the executive order yesterday, but after meeting with advocates and families of civilians who died during encounters with police officers who wanted more, his office said conversations are continuing, and the signing will come “soon.” * Law enforcement officials said Cuomo’s special prosecutor plan casts doubt on the police and district attorneys whose powers will be usurped.

No Bail No Jail 4 Nonviolent Offenses 
People arrested for nonviolent offenses in New York City will no longer have to raisebail money to stay out of jail (Daily Beast) * The program, which is expected to cost nearly $18 million, will allow judges to release up to 3,000 low-risk defendants while placing them under court supervision as they await trial. Supporters of the program hope the initiative will help defendants who otherwise would remain jailed because they cannot afford bail.

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