Schoolcraft v. The City Of New York et al

Filing 137

DECLARATION of Suzanna Publicker in Support re: 135 MOTION to Quash Subpoena on Queens DA Richard Brown of Queens District Attorney Richard Brown.. Document filed by The City Of New York. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Publicker, Suzanna)

EXHIBIT C

3/13/13

Lawyers for Whistleblower Cop Slap Queens District Attorney Richard Brown With A Subpoena - New York - News - Runnin' Scared - Print Version

Lawyers for Whistleblower Cop Slap
Queens District Attorney Richard Brown
With A Subpoena
By Graham Rayman
Published Fri., Mar. 1 2013 at 1:22 PM

Lawyers for whistleblower cop Adrian Schoolcraft today served
Queens District Attorney Richard Brown with a subpoena
demanding that he give a videotaped deposition and turn over all
documents related to Brown's finding that there was no criminal
conduct when Schoolcraft was forcibly removed from his home by
police commanders in October, 2009, the Voice has learned.
As the Voice's NYPD Tapes series reported, Schoolcraft was
dragged out of his home by police on the orders of Deputy Chief
Michael Marino on Oct. 31, 2009 and held against his will in the
Jamaica Hospital psychiatric ward for six days. This took place
three weeks after he reported corruption in Bed-Stuy's 81st
Precinct to investigators.
Those allegations were later proven true in a report kept secret by the NYPD for nearly two years
before it was disclosed in the Voice last March. Schoolcraft's lawsuit alleges he was forced into the
psych ward as retaliation for talking to investigators.
It's fairly rare for a sitting district attorney to be hit with a subpoena in connection with a case he
oversaw. But then, the Schoolcraft story is anything but routine. It may be the most embarrassing
episode of Police Commissioner Ray Kelly's long tenure. And the list of unanswered questions about
Schoolcraft's treatment could fill a book.
"It's unusual that an actual district attorney would be subpoena'd, but if he has relevant testimony, he
can ultimately be compelled to give a deposition," says Jeffrey Pittell, a defense lawyer and former
prosecutor. "Even the president of the United States has been deposed."
Brown's statement clearing police and hospital officials of criminal
wrongdoing in the incident was released in mid-December. In the
statement, Brown said the investigation took "three years" and was
"comprehensive." "After thoroughly reviewing all of the available
evidence and considering all applicable provisions of law we have
concluded that there is no credible evidence to support the filing of
criminal charges in this matter," he wrote.
blogs.villagevoice.com/runninscared/2013/03/bam_lawyers_for.php?print=true

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3/13/13

Lawyers for Whistleblower Cop Slap Queens District Attorney Richard Brown With A Subpoena - New York - News - Runnin' Scared - Print Version

The timing of the statement was odd. Even people intimately
familiar with the Schoolcraft affair didn't know any investigation
was taking place. Schoolcraft himself was only interviewed once by
prosecutors in Brown's office for just 90 minutes. He wasn't even
notified before Brown's office released the statement. And the
announcement also came at a time when Schoolcraft was between
lawyers, and therefore, more vulnerable.
"One would think that the Queens DA's office would first consult
with the complainant before sending out the press release," says
Peter Gleason, Schoolcraft's lawyer. "DA Brown's so-called
comprehensive investigation creates more questions than answers.
I'm hopeful a review of his file will lend some clarity to what I
characterize as the kidnapping of Adrian Schoolcraft."
Qu een s Di st ri ct At t orn ey 's Of f i ce

"The timing is right for this matter to be pursued zealously in that
we have an election coming up and I hope that the issues that
Adrian has brought to the table will have an impact on this upcoming mayor's race," he adds.

Brown spokesman Kevin Ryan declined to comment on the subpeona, except to confirm that it had
been received.
Ryan points out that the DA's office had notified Schoolcraft's prior attorney, Jon Norinsberg, of the
results of the investigation days prior to the release of the statement. At the time, Norinsberg was still
Schoolcraft's attorney of record.
As for those questions raised by Brown's statement, the Voice delved into them at length in this blog
post.

blogs.villagevoice.com/runninscared/2013/03/bam_lawyers_for.php?print=true

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