Schoolcraft v. The City Of New York et al
Filing
397
FILING ERROR - DUPLICATE DOCKET ENTRY - DECLARATION of NATHANIEL B. SMITH in Opposition re: 297 MOTION for Summary Judgment .. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit POX 11, # 2 Exhibit POX 12, # 3 Exhibit POX 13, # 4 Exhibit POX 15, # 5 Exhibit POX 16, # 6 Exhibit POX 18)(Smith, Nathaniel) Modified on 2/17/2015 (db).
Schoolcraft v. The City of New York, et al.
10 CV 6005 (RWS)
EXPERT REPORT OF ELI B. SILVERMAN, PH.D. & JOHN A. ETERNO, PH.D.
1
We, Eli B. Silverman, Ph. D. and John A. Etemo, Ph.D., have been retained by the law
office of Nathania! B Smith to provide expert opinions in the case of Adrian Schoolcraft,
Plaintiffv. City ofNew York et al., Defendants. We have reviewed materials sent to us, a listing
of which is attached as Appendix B to this application.
We will be providing expert testimony on the management approach of the NYPD, the
blue wall of silence, basic police procedure, and how these bear upon the plaintiffs claims in this
case.
Compstat as a Performance Management System
Compstat (short for compare statistics) is the NYPD's central performance management
accountability device, introduced in 1994, whereby commanders are held responsible for crime
in their areas. Compstat features up-to-date computerized crime data, crime analysis and
advanced crime mapping as the basis for regularized interactive crime strategy meetings. As
originally designed, Compstat strategy meetings were also viewed as a mechanism to devolve
resources and authority to local commanders so they could craft crime strategies to particular
local conditions.
Since information is key to a police department's ability to manage crime, the department
made a concerted effort to overcome the lag of three to six months in its reporting of crime
statistics. This new updated data first appeared in a document known as the Compstat
(comparative statistics) book. This book, compiled on a city wide patrol borough and precinct
basis originally included current weekly, monthly and year to date statistics for criminal
complaints and arrests for major felony categories and violations. As the years progressed, the
2
range of information expanded widely to include summonses, stop and frisk encounters, quality
of life violations and numerous other activities. Decision makers were provided with more
reliable and timely data at their disposal through the streamlining and sharing of information
retrieval and crime mapping.
Although crime mapping was not new for the NYPD, the Compstat book and crime
strategy meetings supplanted previous pin mapping by integrating the use of sophisticated
computer technologies and software mapping capability with statistical analyses and deployment
data. The original 1994 twice weekly Compstat crime strategy meetings represented the first time
multiple sources of crime information were gathered for display before all key organizational
members at meetings devoted solely to fighting crime. Commanders are ranked and evaluated
based on their comparative crime statistics, anticrime plans, related law enforcement activities,
and the ability to articulate these at meetings. Commanders who do not measure up are often
reassigned to other positions.
Compstat Consequences
The bulk of New York City's crime reduction has taken place since 1994 when Compstat
and other police reforms were introduced. The NYPD repeatedly publicizes an astounding 80
percent drop in index crime since 1990. New York City's reported dramatic crime decline has
drawn widespread attention to the NYPD from professionals, criminologists, law enforcement,
politicians, the media, and the general public. The Compstat crime reduction system has been
frequently emulated in other cities where former NYPD officials took over as Chief. These
include, among others, the cities of Minneapolis, Newark, Chicago, New Orleans, Raleigh,
3
Miami, Baltimore and Philadelphia (Anderson, 2001: 4; Clines, 2001: 15; Weissenstein, 2003:
27).
Some scholars attribute New York and some other cities crime declines almost
exclusively to the practices of the police and in particular to Compstat (Bratton, 1998; Kelling &
Coles, 1998; Kelling & Sousa, 2001; Maple, 1999; Zimring, 2011 ). Other research
demonstrates less confidence in the police's role in the crime decline. (Bowling, 1999; Conklin,
2003; Greenberg, 2013; Harcourt, 2001; Karmen, 2000; Messner et al., 2007; Rosenfeld &
Forango, 2014; Rosenfeld, Forango, & Rengifo, 2007). Regardless of which explanation one
accepts, the mayor, police commissioner and other government officials' rhetoric has consistently
repeated the decrease in index crime. It became the focal point, the narrative, of both the
Giuliani and Bloomberg administrations.
Maintaining the narrative that crime will go down regardless ofheadcount (loss of
thousands of officers), budgetary restrictions, respecting Constitutional rights (see Floyd v. City
ofNew York), and respecting its own officers (including apparent reprisals against the plaintiff
and other whistleblowers) has become management's priority. There is considerable evidence
that the NYPD leadership, particularly from 2002 to 2012, has altered and misused Compstat.
Management has, especially through Compstat, placed enormous pressures on all ranks to write
summonses, conduct stop and frisks, make arrests and the like to be reflected in the Compstat
figures. The evidence of overwhelming pressures which lead to illegal quotas on summonses,
arrests, and forcible stops as well as downgrading crime reports is reflected in union statements,
media accounts, non NYPD data sources, accounts of whistleblowers, court cases (Floyd v. City
ofNew York) and our research.
4
Union Statements
There have been many statements by the unions regarding downgrading crime reports and
illegal quotas. One pertinent press release appeared on May 23, 2004. The Patrolmen's
Benevolent Association and the Sergeant's Benevolent Association (the NYPD's unions for
officers and sergeants respectively) issued a joint press release reporting widespread
downgrading of reports. It boldly states,
Our own members tell us that they have been conditioned to write crime
complaints to misdemeanors rather than felonies because of the abuse they
receive from superior officers worried about their careers. The case of the 1oth
precinct where a 7% decrease became a 50% increase is a shocking example of
what is occurring throughout the city in many station houses. It is a truth that is
widely known by members of the department and now we have to see if the police
commissioner has the courage to face the truth and do what is right for the city.
(PBA/SBA Press Release, 2004).
A PBA article by then treasurer Robert Zink (2004, n.p.) elucidates:
... The department's middle managers will do anything to avoid being dragged
onto the carpet at the weekly Compstat meetings. They are, by nature, ambitious
people who lust for promotions, and rising crime rates won't help anybody' s
career ... So how do you fake a crime decrease? It's pretty simple. Don't file
reports, misclassify crimes from felonies to misdemeanors, under-value the
property lost to crime so it's not a felony, and report a series of crimes as a single
event. A particularly insidious way to fudge the numbers is to make it difficult or
impossible for people to report crimes - in other words, make the victims feel
like criminals ...
On May 15,2003 the PBA issued a press release in which PBA President Patrick Lynch
stated, "Today, as we launch our 'Don't Blame the Cop' campaign, we are sharing hard evidence
5
that our police officers are being pressured to write high-priced summonses at the risk of
reassignment or other punitive action." The PBA has consistently referred to these pressures.
Media Accounts
These union observations were also echoed in periodicals and other media accounts.
Although reports of misclassification surfaced even earlier, 2004 marked a year in which
significant reporting first emerged. Ten years after Compstat was introduced in 1994, Newsday
offered a series of articles depicting alterations in crime reports. The first article, published on
March 21, 2004, examined a three year, twenty-six percent crime decline in the 501h precinct.
Some cops who worked in the 501h precinct, though, say numbers don't
tell the whole story. They say the dip, and subsequent 11 percent rise in
crime in the first 10 weeks after the precinct commander's departure
raises questions about the way crimes were reported under his command.
Many in the department, officers as well as supervisors, point to an
atmosphere of apprehension in the NYPD since the advent of Compstat,
the computerized system used to track crime trends. Although even the
most ardent critics agree Compstat has helped reduce serious crime to
levels not seen in four decades, some say that there is such pressure on
precinct commanders to keep crime down that some look for ways to
reclassify major crimes so rates appears lower. (Parascandola & Levitt,
2004, italics added)
The article recounts specific instances of questionable crime reporting. Several of the
cases refer to police refusing to take reports, constantly questioning complainants and
downgrading crimes. The former precinct commander was described by his subordinates as "an
aggressive commander whose scrutiny sometimes took the form of personally reviewing crime
complaints two and three times to determine whether they were felonies, or could be
downgraded" (Parascandola &Levitt, 2004). Our research has uncovered current occurrences of
similar practices.
6
A 2004 New York Times article reporting on the 2003 FBI crime statistics for New York
City, noted the Mayor's and the police union's disagreement on the authenticity of the statistics.
The PBA has charged that precinct commanders feel such intense
pressure to drive down crime that they 'cook the books,' reducing the
severity of crimes on paper to avoid recording them among the seven
index crimes reported to the FBI. (Rashbaum, 2004)
Media reports regarding pressures imposed on officers also surfaced on local television.
ABC local news investigative reporter Jim Hoffer (2010, May 25) has offered several related
pieces. One piece portrays Commissioner Kelly's response,
Emails we received from current NYPD officers suggest quota pressures play a
role. One writes: "THEY CONSTANTLY WANT YOU TO VIOLATE
PEOPLES' RIGHTS AND MAKE FALSE STATEMENTS TO GET THE
ARREST." Another officer writes: "COMMANDS PUT OUT A LIST EVERY
MONTH OF THOSE WHO DON'T HAVE AN AREST, LABELING YOU A
ZERO." Commissioner Kelly is unapologetic. I'm proud of the record of the men
and women of the Department, because I know that we are saving lives," he said.
Crime in New York remains at record lows, but recent Justice Department
numbers show other cities are also experiencing record low levels of crime,
including cities that don't use quota driven police tactics.
Whistleblowers
Whistleblowers have provided audiotapes indicating that crime reports are manipulated.
Officers Adrian Schoolcraft (plaintiff), Adyl Polanco, Sergeant Robert Borrelli and others
produced ample evidence of manipulation. Indeed, Officer Schoolcraft's allegations have since
been confirmed by the departments own 'secret' internal investigation exposed by a reporter
(Rayman, 2012; Appendix B QAD Report). One example ofthe level of manipulation from
Schoolcraft's tapes is supervisors at roll calls instructing entire shifts of officers not to take
robbery reports if victims are not willing to return to the station house- clearly violating
7
department training and procedures. We note that all three of these whistleblowers were, in
some way, disciplined by the organization. Officers Schoolcraft and Polanco were suspended.
Sergeant Borrelli was transferred to the Bronx from a quiet precinct in the Rockaways where he
worked for many years directly after he made his allegations. We note that these whistleblowers
have had to contend with what is known as the "Blue Wall of Silence."
Blue Wall of Silence
The Blue Wall of Silence is a phrase that is used to describe a police culture that prizes
intense loyalty, unity and solidarity among police officers to the extent that any officer reporting
the wrongdoing of another officer would be in violation ofthe code and subject to retaliation.
This code of silence has been observed in studies and reports of many police departments
throughout the world.
In New York City, this issue has also repeatedly emerged. The 1972 Knapp Commission
Report exposed an organized system of payoffs from narcotics dealers and businessmen. The
Commission pointed to a "blue wall of silence" which failed to disclose this "widespread
corruption." Twenty years later, the 1994 Mollen Commission report pointed to the same blue
wall of silence: "The Code of Silence and other attitudes of police officers that existed at the time
of the Knapp Commission continue to nurture police corruption and impede -efforts at corruption
control." (Mollen, 1994, p. 51) Although the Moll en and Knapp Commissions uncovered
different varieties of corruption, both gauged it similarly. They underscored the police culture of
silence, scandal-avoidance, mutual protection and a distant, often hostile, "us versus them"
mindset of the NYPD.
The Blue Wall is bolstered by the solidarity and closed ranks of police officers and their
dependence on one another for mutual safety and the perception of a distant, nonresponsive, nonappreciative headquarters and public. As the Mollen Commission noted, "The pervasiveness of
the code of silence is itself alarming." (p. 53) Consequently, those who violate the code are either
8
shunned, ostracized, retaliated against, punished or in some cases harmed. These are some of the
reasons why whistle-blowing is so difficult regardless of the issue --whether it be officer errors,
misconduct, acquisitive crimes, illegal brutality or filling out false records. In fact, the Mollen
Commission uncovered oilicers falsifying documents such as arrest reports, warrants and
evidence for an illegal arrest or search reports. To blow the whistle on unwarranted activities is
not easy. The blue wall of silence is a powerful deterrent.
Blue Wall and Forcible Hospitalization of Police Officer Schoolcraft
The "blue wall of silence" likely contributed to actions taken against Officer Schoolcraft.
Photographs of his locker indicate he was labeled as a "rat". This conduct, if true, is consistent
with uniformed member retaliation. The Unusual Report written by the NYPD duty captain on
the day that Officer Schoolcraft was forcibly hospitalized raises many questions. The report, for
example, is missing at least two key elements: how Officer Schoolcraft was specifically
determined to be emotionally disturbed and what happened to the tape recorder that was found
on him.
An emotionally disturbed person is defined as, "A person who appears to be mentally ill
or temporarily deranged and is conducting himself in a manner which a police officer reasonably
believes is likely to result in serious injury to himself or others." (see NYPD Patrol Guide 21605). Based on the audiotape, Officer Schoolcraft is clearly lucid and answering questions. His
weapons have already been taken from him. There is no indication that he is going to harm
himself or others. The Patrol Guide requires the NYPD to explain how they "reasonably
believe" Officer Schoolcraft is "mentally ill or temporarily deranged" such that his conduct "is
likely to result in serious injury to himself or others." In fact, we note that in the Unusual Report
Officer Schoolcraft's department assigned psychologist stated very explicitly that " •..Mr.
9
Schoolcraft was not a danger to himself or others••• " This is a very specific statement directly
on point that appears to have been ignored by the officers on the scene. We note that the report
indicates that, "His [Officer Schoolcraft's] actions were deemed that of a potentially emotionally
disturbed person by Lieutenant Hanlon of FDNY and she determined that he would not be
allowed to refuse medical attention due to his irrational behavior." Two issues with this are: 1.
The EMT only states he is "potentially" emotionally disturbed which is not emotionally
disturbed and, 2. According to police procedure a police officer, not an EMT, must reasonably
believe that the person being taken into forcible custody is mentally ill or temporarily deranged
and this behavior is likely to cause serious injury to himself or others. There was no indication
of this in the Unusual Report. The audiotape clearly indicates that Chief Marino orders Officer
Schoolcraft into custody but no reasonable basis for his decision is articulated. We also point out
that the writer of the Unusual Report determines it important to note that copies of complaint
reports are in Schoolcraft's apartment but fails to point out the running tape recorder found on
Officer Schoolcraft. Additionally, the duty captain refers the complaint reports to Internal
Affairs for follow-up (which is referred to Quality Assurance which, in turn, confirms Officer
Schoolcraft's allegations about the corrupt activity in the precinct). Again, there is no mention
of a tape recorder which was found on Officer Schoolcraft that recorded the incident. Proper
police procedure requires mention of this tape recorder in the apartment. The fact that this is not
mentioned would appear to be a glaring omission. Interestingly, another active recorder captured
the audio of this incident and this second recording device was recovered by lAB a week later.
The fact that lAB found this recorder critical and the other officers found the first recorder
meaningless is totally contradictory.
10
Lastly, we also question the initial entry into the apartment. What was the exigent
circumstance? If it was his health, once Officer Schoolcraft was seen in the apartment in good
condition, the emergency no longer existed and the officers should have immediately vacated. If
any actions appeared "emotionally disturbed" they occurred after they entered the apartment. In
fact, if they occurred, they apparently were the direct result of the actions ofNYPD. Having a
team of armed officers and EMT' s in your home, all refusing to leave, remaining in the
apartment without permission would likely upset any normal person. In fact, Officer
Schoolcraft's basic 4th Amendment rights appeared to have been violated in terms of protecting
his property (the tape recorder), armed officers and EMT's not leaving his apartment, and
forcibly removing him from his apartment without justification. We also note that the Unusual
Report does not indicate that the Legal Bureau was either consulted or notified at any point. The
Bureau has staff attorneys available 24 hours a day, 7 days a week. In this very unusual situation
in which the police forcibly entered a uniformed member of the service's home and forcibly took
him into custody as an EDP, it would have been exceedingly prudent to contact the Legal Bureau
for advice as well as notify them directly.
Hospital Data
Hospital data, available through 2006, raises serious questions regarding crime report
manipulation particularly with respect to assaults, thusly providing additional reasons for
studying the phenomenon of crime reporting manipulation. New York City's Department of
Health and Mental Hygiene statistics indicate that in 1999 there were 25,181 visits to emergency
rooms throughout the City for assault. In 2006 there were 4 7, 779 visits. This represents a 90
percent increase in visits for assault while the NYPD reported a substantial decline. Even more a
11
concern is visits to emergency rooms for firearms assaults which skyrocketed as well. In 1999
there were 224 visits and in 2006 they count 514 visits- a 129 percent increase. (New York City
Health and Hospitals Corporation. 2011).
Lack of transparency
The NYPD's lack of transparency (i.e. openness to non-partisan research and requests
from outside the agency) makes value-neutral scientific study difficult yet at the same time more
urgent. NYPD has rebuffed scrutiny of its written crime reports even from official government
bodies. For example, Mark Pomerantz, a former federal prosecutor who chaired New York
City's Commission to Combat Corruption (a Mayoral agency) was denied permission by the
police department to view its crime reports (Rashbaum, 2005). His appeal to Mayor Bloomberg
was rebuffed resulting in Mr. Pomerantz's resignation.
Under mounting pressure from public disclosures of crime report manipulation, in
January 2011 Commissioner Raymond Kelly appointed three former federal prosecutors to
review NYPD's crime report auditing practices. The report (released 2 years later than its
promised date) does not examine written complaints but merely reviews the auditing system.
Even this report raised serious questions. For example, the report indicates " ... the persistence of
'egregious' errors in certain precincts despite the pre-finalization review of the complaint reports
by supervisors may be construed to support the conclusion that complaint reports are not
meaningfully or at least proficiently reviewed at the precinct level-or, in the worst light, that
the reviewing supervisors are complicit in the downgrading ... " (NYPD, 2013, p. 47)
A 2013 report by then Public Advocate Bill de Blasio described the NYPD as one of the
City agencies least responsive to FOIL requests. The Public Advocate designated the Department
12
as one of only two agencies to receive a failing grade since "28% of the NYPD answered
requests took more than 60 days to process [and] 31% of requests received no response." (NYC
Public Advocate, 2013, 13)
Additional Information from Audiotapes from Officer Schoolcraft (plaintiff)
The roll call of October 12, 2009 is particularly revealing. At this roll call the supervisor
is heard stating, "You know we been popping up with those robberies, whatever. The best thing
I can say .. .ifthe complainant does not want to go back to the squad [detectives], then there is no
61 taken. That's it ... " (Schoolcraft, 2009). This clearly violates department guidelines.
The audiotapes reveal how headquarters number's focus has been interpreted by lower
level precinct supervisors and even precinct commanders. Compstat' s extreme pressure is
translated into not taking reports, questioning the veracity of victims, downgrading reports,
haranguing officers about callbacks by supervisors, attempting to figure out what a district
attorney will do, and, in general, keeping the numbers of index crimes down in any way possible
- regardless of consequences.
As if this were not bizarre enough, the Quality Assurance Division's (QAD) report on
Schoolcraft's allegations of crime downgrading in the 81 st precinct remained hidden from the
public until reporter Graham Rayman discovered it in 2012. It was dated June 2010- the exact
time the police department was denying contradictory revelations. This QUAD report confirms
nearly all of Officer Schoolcraft's allegations and our findings.
Our Research
13
In 2008 and 2012 we conducted studies ofNYPD using accepted social science methods
as evidenced by 2 peer reviewed journal articles and an academic book (Etemo & Silverman
2012; 2010a; 2010b). Our first study was conducted in 2008. We sent a survey to all retired
members ofthe Captain's Endowment Association which includes the ranks of Captain and
above. A very important feature of the survey is that it was anonymous. Social science research
suggests that anonymity leads to more truthful responses to sensitive questions (Babbie,1989;
Bradburn, 1983; Dillman, Smyth, & Christianson, 2009; Neuman, 2000). We received a total of
491 completed questionnaires. We examined the data comparing those who worked after 1994
(the first year ofCompstat) and those who worked before.
A second study was conducted in 2012. This study replicated and confirmed the results
of our 2008 study using a different sample. We used anonymity in this study as well. The
sample is retired officers who are on the "active retiree database" maintained by NYPD. We had
1,962 responses of all ranks.
Tabular analyses of both surveys indicate that there was widespread pressure on officers.
The two surveys results are also very similar giving us confidence that what we are reporting is
an accurate representation of what occurred in the NYPD.
We present 4 crosstabs from our
2012 survey and 3 crosstabs from our 2008 survey. The first 3 from 2012 show markedly
increased pressure in the most recent category (2002 to 2012) to write summonses, make arrests,
and conduct forcible stops. These results are strong and statistically significant. Additionally,
the last crosstab for the 2012 survey indicates that as pressures increased regarding summonses,
arrests and stops, concurrently, pressure to obey Constitutional rights decreased- a questionable
combination, at best. Our 2008 survey with Captains and above shows similar results regarding
pressures to generate summonses, make arrests and conduct forcible stops. That study also
14
shows stronger pressures in the Compstat period. Again the results are statistically significant
and strong.
We also note that both surveys indicate the manipulation of crime reports in recent times.
The 2012 survey shows approximately double the level of manipulation in 2002 to 2012
compared to the previous two eras. This result is statistically significant and strong. Our 2008
survey with a completely different sample shows report manipulation in the Compstat era. As
we write in our book, "Ofthe 160 respondents who were aware of any changes, over half(53.8
percent) indicated that the changes observed were highly unethical. An additional23.8 percent
indicated the changes were moderately unethical." (Etemo and Silverman, 2012, p.34)
15
2012 SURVEY FINDINGS- SUMMONS PRESSURE (1)
Crosstab - Year categ_orized *Summons p_ressure categ_orized
l::ear categorized
before 1995 until 2002 until
1995
2001
2012
Count
132
summons pressure low
58
93
categorized
24.7%
16.2%
11.0%
% within year
categorized
203
124
medium Count
233
38.0%
% within year
34.6%
27.5%
categorized
high
Count
199
176
522
37.3%
% within year
49.2%
61.6%
categorized
Total
Count
534
358
848
% within year
100.0%
100.0%
100.0%
categorized
Gamma = .32 p< .000
Kendall's tau b =.203 p< .000
16
Total
283
16.3%
560
32.2%
897
51.6%
1740
100.0%
2012 SURVEY FINDINGS ARREST PRESSURE (2)
Crosstab- Year categorized bJ!.. arrest eressure categorized
arrest pressure
categorized
Total
l:ear categorized
before 1995 until 2002 until
1995
2001
2012
Total
191
111
379
77
36.2%
21.2%
13.2% 21.9%
Count
% within year
categorized
medium Count
% within year
categorized
Count
high
% within year
categorized
Count
% within year
categorized
low
240
45.5%
128
35.3%
640
415
49.3% 36.9%
528
100.0%
17
316
714
37.5% 41.2%
97
18.4%
Gamma= .422 p<.OOO
Kendall's tau b =.277 p< .000
158
43.5%
363
100.0%
842
1733
100.0% 100.0%
2012 SURVEY FINDINGS STOP PRESSURE (3)
Crosstab - l_ear categ_orized * siOf!..f!..Fessure categ_orized
~ear
stop pressure
categorized
Total
categorized
before 1995 until 2002 until
Total
2001
2012
1995
629
127
205
297
36.7%
24.4% 37.0%
57.8%
Count
% within year
categorized
medium Count
% within year
categorized
Count
high
% within year
categorized
Count
% within year
categorized
low
170
33.1%
66
19.1%
295
408
35.1% 24.0%
514
100.0%
18
664
341
40.5% 39.0%
47
9.1%
Gamma= .461 p<.OOO
Kendall's tau b =.302 p<.OOO
153
44.2%
346
100.0%
1701
841
100.0% 100.0%
2012 SURVEY FINDINGS RIGHTS PRESSURE (4)
Crosstab ,E- Year categ_orized *Pressure to Obe,E Constitutional rig_hts categ_orized
Iear categorized
1995
2002
before
until
until
1995
2001
2012
low
Count
109
63
187
obey constitutional
rights pressure
% within year
20.7%
17.2%
22.1%
categorized
categorized
medium Count
183
132
357
% within year
34.7%
36.0%
42.2%
categorized
high
Count
235
172
302
44.6%
% within year
46.9%
35.7%
categorized
527
Total
Count
367
846
100.0% 100.0% 100.0%
% within year
categorized
Gamma= -.106 p<.002
Kendall's tau b = -.067 p< .000
19
Total
359
20.6%
672
38.6%
709
40.7o/o
1740
100.0%,
2008 SURVEY FINDINGS SUMMONS PRESSURE (1)
Crosstab- Year *Pressure to increase summonses
Did you serve on NYPD
after 1994
No
Yes
Total
29
39
Count
68
increase summonses low
categorized
27.7%
9.3% 15.0%
% within Did you serve
on NYPD after 1994
66
143
209
medium Count
46.8%
45.7% 46.0%
% within Did you serve
on NYPD after 1994
high
Count
141
36
177
% within Did you serve
25.5%
45.0% 39.0%
on NYPD after 1994
Count
141
313
454
Total
100.0%
100.0% 100.0%
% within Did you serve
on NYPD after 1994
Gamma=.431 p<.OOO
Kendall's tau c = .238 p< .000
20
2008 SURVEY FINDINGS ARREST PRESSURE (2)
Crosstab- Year* Pressure to increase arrests categorized
increase arrests
categorized
Total
low
Count
% within Did you serve
on NYPD after 1994
medium Count
% within Did you serve
on NYPD after 1994
Count
high
% within Did you serve
on NYPD after 1994
Count
% within Did you serve
on NYPD after 1994
Gamma=.571 p<.OOO
Kendall's tau c = .313 p< .000
21
Did you serve on NYPD
after 1994
No
Yes
Total
43
26
69
30.9%
8.3% 15.2%
73
52.5%
155
228
49.2% 50.2%
23
16.5%
134
157
42.5% 34.6%
139
100.0%
315
454
100.0% 100.0o/o
2008 SURVEY FINDINGS STOP PRESSURE (3)
Crosstah- Year* Pressure to increase stol!.. and frisk
increase stops and
frisk categorized
Total
low
Count
% within Did you
serve on NYPD after
1994
medium Count
% within Did you
serve on NYPD after
1994
high
Count
% within Did you
serve on NYPD after
1994
Count
% within Did you
serve on NYPD after
1994
Gamma=.617 p<.OOO
Kendall's tau h =.347 p< .000
22
Did you serve on NYPD
after 1994
No
Yes
75
71
54.7%
22.5%
Total
146
32.3%
55
40.1%
155
210
49.2% 46.5%
7
5.1%
89
96
28.3% 21.2%
137
100.0%
452
315
100.0% 100.0%
2012 Survey - Knowledge of Crime Manipulation & Retirement Category
Period 1
1981-1993
Period 2
1994-2001
Period 3
2002-2012
327
(69.7%)
264
(65.5%)
383
(44.5%)
1-2 times
3-5 times
5+ times
15
55
72
(30.3%)
19
66
54
(34.5%)
44
188
245
(55.5%)
78
309
371
n
Missing
N
469
15
484
403
12
415
860
11
871
1732
38
1770
No
Yes
Statistics:
Gamma [ordinal by ordinal]
*** p< 0.001
0.337***
23
N
974
Impact on Police Officer Schoolcraft
Compstat began as a vital performance management system designed to address crime
and quality of life issues through up to date crime statistics, coupled with computer technology
crime mapping in an organizational environment designed to integrate and coordinate all relevant
NYPD units. Yet over time Compstat morphed into an instrument utilized by the NYPD
leadership to centralize decision making in order to record numbers that reflect lower index
crime and higher officer activity regarding arrests, summonses and stop and frisks. The
centralization of decision making and reduction of lower level flexibility, autonomy and
discretion parallels a national study of U.S. police departments (not including New York City)
which have adapted the Compstat system (Weisburd et al., 2001).
Since 2002, political and police pressure mounted to sustain the crime reduction
phenomenon of previous years. Up until2002, the first year of Mr. Bloomberg's administration,
crime was already down 60 percent. Leveling off was not considered an official option.
Demands to produce numbers have triggered the expansion ofNYPD activities that "work" but
without maintaining an eye on the structural health of the organization. The remedies are akin to
doubling a medication of 5 milligrams to 10 milligrams since the current prescription seemed to
work well. More of the same strategic medicine is introduced regardless of warnings about
possible side effects. Massive deployment to address quality-of-life crimes becomes favored over
more surgical strikes. Inadequate evaluation and tactical intensification has also been
accompanied by increased centralization. Special units, such as narcotics enforcement and
warrant enforcement became increasingly directed from above. In effect a centralization thrust
has been superimposed on decentralized reforms. But centralization now has a powerful weapon
in its arsenal--Compstat.
24
Compstat, in many senses, had been turned on its head. Instead of a tool to reevaluate
objectives and tactics and scan the environment for future trends, the information from
computer-generated comparative statistics became known for only its most visible aspects--crime
mapping and deployment activity. Greater information was used to bear down on the
management of many street operations. Numbers, sometimes any numbers, rule the day. This
ratcheted system, in the words of one participant is "wound up too tight." A 20-year veteran
Brooklyn detective put it this way, "Compstat is everything. People are tired of being harassed,
searched and frisked, and run offthe streets. People are fed up; the cops are, too." (Marzulli &
O'Shaughnessy, 2000).
In a highly charged political atmosphere, the NYPD's ability to accomplish short-term
success has been amplified by Compstat. And what happens when painstaking and constant
lessons of implementation are neglected for the quick fix? The short-haul dominates. The NYPD,
preoccupied by the crisis du jour, has little time or inclination to reflect on its mission and
alternative strategies.
As it relates to this case, Officer Schoolcraft is a victim of the NYPD's Compstat
numbers game and the 'blue wall of silence.' Quotas, illegal stops, downgrading crime numbers
were endemic during his street time as a member of the NYPD. The Quality Assurance Division
memorandum confirms his allegations. The Floyd case adds further evidence. Our studies
provide additional confirmation. Beyond all this, photographs of his locker indicate that he was
labeled a "rat". The informal system based on the blue wall of silence led to the NYPD's abuse
of authority whereby Schoolcraft was forcibly detained for six days in a mental hospital without
an aided card or proper notification being filed- in flagrant violation of department policy (see
25
PG 216-01 & 216-03). The NYPD tried to hide evidence ofwhat happened in his apartmentfailing to mention (in the Unusual Report) the first tape recorder found on Officer Schoolcraft.
As we have seen, other whistleblowers were punished as well (e.g., Sergeant Borelli's
transfer and Police Officer Adyl Polanco's suspension). There is a clear pattern of abuse and
retaliation by the NYPD. Officer Schoolcraft clearly tried in earnest to do the right thing- to
notify superiors who belatedly confirmed his allegations. In return, they forcibly transported him
to the hospital. Officer Schoolcraft is not an EDP but an honest, hard-working police officer
trying to expose misconduct.
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27
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NYPD (2013). The Report Of The Crime Reporting Review Committee To Commissioner
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29
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Compstatand Organizational Change: Findings From a National Survey (Report
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Weissenstein, M. (2003). Call on NY's top cops: NYPD brass recruited by other
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Control." Unpublished article retrieved on August 4, 2011 from
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Zink, R. (2004, summer). The trouble with Compstat. PBA Magazine. Retrieved from
http://www.nycpba.org/publications/mag-04-summer/compstat.html on 29 December
2010.
30
Signature
Eli B. Silverman. Ph.D.
31
Appendix A- CV's
Appendix B - Materials supplied by plaintiff
32
CURRICULUM VITA
Eli B. Silverman
102 Bon Aire Circle
Suffern, N. Y. 10901
Phone: 845 357 0685
Email: Estcompany@optonline.net
EDUCATION
A.B., Allegheny College
M.A., Pennsylvania State University
Ph.D., Pennsylvania State University
RECENT CRIMINAL JUSTICE PRESENTATIONS
"The Crime Numbers Game: Management by Manipulation,"
Presentation to the 2nd International Conference on Governance
Crime and Justice Statistics, Mexico City, Mexico, June 18-21
2014.
"Stop and Frisk and Racial Profiling," Presentation to the SUNY
Buffalo Law School, Buffalo New York, February 20, 2014
"The Crime Numbers Game: Management by Manipulation,"
Presentation to the Syracuse University Law School, Syracuse, New
York, February 19, 2014
"Institutional Models for Internal Control in Police
Departments,' Presentation to the First International Congress on
Police Internal Affairs, Los Cabos, Mexico, 23-25 October, 2013.
"Compstat and Police Performance Management," Presentation to the
Copenhagen Business School, Copenhagen, Denmark, 4 October 2013.
"Inside//Outside Research: Access to the NYPD," Presentation to
the Conference on Applied Police Research, Norwegian Police
University College, Stavern, Norway, 28 September to 1 October,
2013
"The Crime Numbers Game: Deterrent to Effective Policing,"
Keynote Speech, Applied Research in Crime and Justice Conference
Sydney, Australia, February 28, 2013
"Police Stop and Frisk: Impacts and Remedies," Presentation to
the Duke University Law School, Durham, North Carolina, October
23, 2012
"Racial Profiling: Implementing A Court Order," Presentation to
the Nova Southeast University Law School, October 2012
"Crime and the Numbers Game: The Future of Police Relations and
the Community," Presentation to King Graduate School, Monroe
College, Bronx, New York, October 10, 2012
2
"Unveiling the Truth: Weaknesses in Police Performance Management
Systems," Presentation to the International Conference: Global
Perspectives on J'1stice, June 6-9, 2 012, New York City
"NYPD and the Numbers Game," Presentation to International
Conference on Using Numbers," Paris, France, May 15, 2012
"Racial Profiling: Implementing a Court Order," Presentation to
Tulane University Law School, New Orleans, Louisiana, November 2,
2011
"Racial Profiling: Implementing a Court Order," Presentation to
Louisiana State University Law School, Baton Rouge, Louisiana,
November 1, 2011
"Compstat: Compare Statistics or Compose Statistics,"
Presentation to Rowan University, Glassboro, New Jersey, October
14, 2011.
"Compstat: ComparP. Statistics or Compose Statistics,"
Presentation to the Business School, Columbia University, New
York, September 14, 2011.
"NYPD Managers Speak Out: The Impact of Compstat," with John A.
Eterno, Annual Meeting of the Academy of Criminal Justice
Sciences, San Diego, CA, February 26, 2010
"A Preliminary Assessment of Compstat in the New York City Police
Department," with John A. Eterno, Annual Meeting of the Academy
of Criminal Justice Sciences, Boston, MA, March 12, 2009.
"Police Leadership in Crisis: Performance Management and Problem
Solving to Reduce Crime," Presentation to the International
Association of Women Police 46th Annual Training Conference,
Darwin, Australia, September 11, 2008.
Four Presentations to the Garda Siochana, Templemore and Dublin
Ireland: "Strategic and Performance Management Changes in the New
York City Police Department;" "Innovations in Policing;" "Police
Innovations in New York;" "Current Trends in U.S. Policing."
April 14-18, 2008.
"The Police, Media and Public Security," Presentation at the
International Conference, The Perception of Insecurity and Mass
Media, Barcelona Spain, November 14-16, 2007
"Innovations in Policing" Lectures at the University of Oslo,
Norway, August 30 and 31, 2007.
3
"Current Research in Policing," Presentation to the Police
College, Oslo, Norway, August 29, 2007
"Performance Management in Policing," Three day presentation and
workshops with the Queensland Police Service, Brisbane, Australia
July 9-11, 2007.
"Recruiting, Preparing and Retaining Quality Police Executives
for Anti-Crime and Anti-terrorism Strategies," Distinguished
Paper Award, 2nd Istanbul Conference on Democracy and Global
Security, Istanbul, Turkey, June 14-16, 2007.
China Lectures: Chinese People's Public Security University,
Beijing, April 14 and 15, 2007; Shanghai Public Security Bureau,
April 17, 2007; Shaoxing Police Hotel, April 19, 20 and 22. 2007;
Zhejiang College of Public Security, Hangzhou, April 21, 2007.
"The NYPD Model of Policing in Australia," Keynote Speech, Social
Justice and Social Change Research Center, University of Western
Sydney, Sydney, Australia, November 21-22, 2006
"Innovations in Policing," Presentation to the New South Wales
Police Academy, Goulborn, Australia, November 24, 2006
"The International Impact of New York's Compstat Model"
Presentation at the European and International Research Group in
Crime Ethics, and Social Philosophy, "Cross Cultural Approaches
to Crime," Borovets, Bulgaria, May 3-5, 2006
"Crime Victimization and the Police: Training Strategies,"
Presentation at the "Conference on Interventions for Crime
Victims," Rome, Italy January 29-21, 2006.
"The Pitfalls of Police Performance Management," Presentation at
the Istanbul "Conference on Democracy and Global Security,"
Istanbul, Turkey, June 9-11, 2005.
"With a Hunch and a Punch," Presentation at the Conference
Meeting on "Rational Hunches and Policing," George Mason
University School of Law and Economics Center, Arlington,
Virginia, May 13-14, 2005
"Transforming Law Enforcement," Presentation at the University of
Toulouse, France, April, 2005.
"Police Reform: Overcoming Obstacles," Plenary Session
Presentation to "International Conference on Criminal Justice,"
Bucharest, Romania, June 6-9,2004.
4
"The Future of International Policing and Security," Presentation
to "International Conference of Criminal Justice Societies,"
Paris, France, May 13-15, 2004
"Reforma Institucional de la Policia de Nueva York, Presentaci6nal
Seminario "Seguridad Publica Y Derechos Humanos: Perspectivas
Internacionales, Lecciones para M~xico," la Ciudad de M~xico,
Septiembre 26, 2003
"The Future of Crime Analysis," Presentation to European Police
Executives' Conference on "Crime Analysis and Strategic Planning,"
Espoo, Finland, May 5-9, 2003
"Privatizing Public Police: Cloaked Changes," Presentation to
International Conference on Policing and Security, "In Search of
Security," Montreal, Quebec, Canada, February 19-22, 2003
"Strategic Planning for Police," Presentation to the University of
Toulouse, Toulouse, France, January 2003
"Jewish Crime in New York City," Presentation to the
Society of Criminology, Toledo, Spain, September 2002
European
"Comparative Police Reform" Presentation to the "International
Crime Conference," London Metropolitan Police, London, England,
June 2002
"The NYPD Battles Crime," Presentation at Conference on the "Crime
Crash of the 1990s: Real or Fiction," The College of Justice and
Safety, Eastern Kentucky University, February 27, 20002.
"Current Trends in US and International Policing," "Compstat and
Community Policing," Presentations to the Escola de Policia de
Catalonia, Policia Mossos de Esquardra, Barcelona, Spain. May-June
2001
"Reform in the New York City Police Department," Presentation to
the National Foundation of Political Sciences, Paris, France,
October 19, 2001.
"Innovations in Crime Mapping," Presentation to the Delaware State
Police, Newark, Delaware, November 6, 2000
"Understanding Police
American Society of
November 2000,
Operational Reforms," Presentation to the
Criminology,
San Francisco,
California,
"Reengineering Police Departments," Presentation to International
Crime Conference, Sam Houston University, Huntsville, Texas, June
2000
5
"Policing Reforms," Presentation to the International
Executive Forum, Munich, Germany, April 2000
Police
"Police Innovations in the 21st Century," Presentation to the
American Society of Criminology," Toronto, Canada, November 1999
"Compstat and Crime Mapping," Presentation
University, Vancouver, Canada, September 1999
"Comparative Policing" Presentation to the
Criminology, Liverpool, England, June, 1999
to
Simon
British
Frasier
Society
of
"Zero Tolerance Policing and Community Policing in New York"
Presentation at the 4th European Conference on Public Management
Reform, Bremen, Germany, November 9-11, 1998.
"Hot-Spot Policing," Presentation to the Academy
Justice Sciences, Chicago, Illinois, April, 1998
of
Criminal
"Below Zero Tolerance: The New York Experience," Keynote Speech,
Conference
on
Zero Tolerance
Policing,
"Are US
Strategies
Transferable to tile UK?, " Scarman Centre for the Study of Public
Order, Leicester University, Leicester, England, May 20, 1997.
"A Criminologist's Perspective on Compstat," Presentation at the
NYPD Compstat Conference: Meeting the Challenge of Reducing Crime,
New York, May 12-14, 1997.
"New
Approaches
to
Community
International Conference on Crime
June, 1996
Policing,"
Presentation
to
and Justice, Dublin, Ireland
"International Trends in Policing," Presentation to the
Judiciara, Lisbon, Portugal, January 1996.
Policia
Additional presentations available on request
RECENT CRIMINAL JUSTICE PUBLICATIONS
"Numbers and Narratives" in Cockbain E and Knutsson J. (eds.)
Applied Police Research: Challenges and Opportunities, 2014
Abingdon, Routledge.
"Le jeu de Ia police avec les taux de criminalite ", in Bruno, Isabelle, Didier,
Emmanuel, Previeux, Julien (Eds.)
Statactivisme, comment lutter
avec des nombres, 2014, Paris, Editions La Decouverte, coll.
Zones.
6
"The New Corruption," (with John Eterno) in Eterno, J. A. (ed.) in
The New York City Police Department: The Impact of its Policies
and Practices, Boca Raton, Fl. CRC Press, Taylor and Francis, 2014
The Crime Numbers Game: Management by Manipulation,
Eterno, 2012, CRC Press, Taylor and Francis
with John A
"Understanding Police Management: A Typology of the Underside of
Compstat," with John A. Eterno, Professional Issues in Criminal
Justice, 2010 Vol. 5 (2 and 3)
"NYPD's Compstat: Compare Statistics or Compose Statistics?" with
John A Eterno International Journal of Police Science and
Management, 2010, Vol. 12, No. 3
"Hey NYPD, Want to Catch Even More Terrorists, End the Quotas and
Victim Intimidation," with John A. Eterno, Village Voice, 2010,
May 9.
"The Trouble with Compstat," with John A. Eterno,
Daily News, op. ed. February 15.
2010, New York
"La Policia, Los Medias De Communicacion Y La Seguridad Publica:
El Caso De Nueva York," Revista Catalana De Seguretat Publica,
Vol.18, April 2008.
"With a Hunch and a Punch," Journal of Law, Economics, and
Policy, Vol. 4, No. 1, Fall 2007-.--------------~------------~---"Compstat," in Jack R. Greene (ed.)
Science, New York: Routledge, 2006.
Encyclopedia
"The New York City Police Department's Compstat:
nightmare?"(with John Eternal International Journal
Science and Management, 2006, Vol. 8, No. 3
of
Police
dream or
of Police
"Police Practice in Hong Kong and New York: A Comparative
Analysis," (with Allan Y. Jiao), International Journal of Police
Science and Management, 2006, Vol. 8, No. 2
"The Compstat Innovation" in David Weisburd and Anthony Braga
(eds.) Police Innovation: Contrasting Perspectives, Cambridge:
Cambridge University Press, 2006.
"An Exploratory Study of the New York City Civilian Complaint
Board Mediation Program," (with Elizabeth Bartels) in Policing: An
International Journal of Police Strategies and Management, Vol.
28, No 4, 2005
7
"The Anglo-American Measurement of Police Performance: Compstat
and Best Value," (with Matthew Long), British Journal of Community
Justice, Vol. 3, No. 3, Summer, 2005.
"Compstat," Encyclopedia of Law Enforcement, Volume 1, State and
Local, Marie Simonettti Rosen (ed.) Sage: Thousand Oaks CA, 2005.
"Kerik' s Cons and the Heat of the Spotlight,"
News, Vol. XXXI. No. 628, January 2005.
Law Enforcement
"Tolerance Zero Et Re'forme D'Un Syste'me De Police: La Cas de New
York," in Re'former la Police et la Se'curite' ,Sebastian Roche'
(ed)Paris: Octile Jacob, 2004.
"La 'Zero Tolerance" Nelle
January-March 2004, Vol. 143.
Attivita
di
Polizia,"
Inchiesta,
"New Skyline," in Contemporary Policing: Controversies, Challenges
and Solutions, Quint Thurman and Jihong Zhao (eds.) Roxbury Press,
2004.
"Policing a Diverse Community: A Case Study," (with James McCabe)
in Policing and Minority Communities, Dolores Jones-Brown and
Karen Terry (eds.) Upper Saddle River, NJ: Prentice Hall, 2003
New York's After School Choice: the Prime Time for Juvenile Crime
or Youth Enrichment and Achievement, coauthor of report for Fight
Crime: Invest in Kids. New York: November, 2002
Les Fondamentaux De La Secuirte': Les strate'gies de
innovantes," Les Cahiers De La Se'curite' Inte'rieure,
--------------------------------------------------France, 2002
police
Paris,
"Zero Tolerance," in David Levinson, ed. Encyclopedia of Crime and
Punishment, Thousand Oaks, CA: Sage, 2002.
"El programa compstat y la policia de distrito en Nueva York,"
Revista Catalana de Seguretat Publica', num. 10, Junio 2002
"Broken Windows or Broken Promises," New York Times, May 12 2002,
p.13.
"Guest Editors' Introduction: Corruption in Perspective," with
John A. Eterno, Police Practice and Research: An International
Journal, Vol. 3, No. 1, 2002.
NYPD
Battles
Crime:
Innovative
Strategies
in
Northeastern University Press, revised edition, 2001.
Policing,
8
"Urban Policing and the Fear of Crime," with Jo-Ann
Giustina, Urban Studies Review, Vol. 38, No. 5, May 2001.
Della
"Should There be Cop Cameras," Newsday, April 1, 2001, p. B7.
"William Bratton's
Perspective on
Democratic
Policing,"
in
Policing, Security and Democracy: Theory and Practice, Menachem
Amir and Stanley Einstein (eds.), Huntsville, TX: Office of
International Criminal Justice, 2001.
"Innovative Policing," International
Interpol: Lyon, France, 2001, Vol. 486.
Criminal
Police
Review,
"The New York City Policing Revolution and Old Tensions: A View
From Abroad, " in Barry Loveday and Alan Mar low ( eds. ) After
Macpherson: Policing after the Stephen Lawrence Inquiry, Dorset,
U. K: Russell House Publishing, 2000.
"Organizational Change and Decision Making in the New York City
Police Department," with Paul O'Connell, International Journal of
Public Administration, 1999, Vol. 22, No. 2
"Weighing Safir's Gains and Losses," Opinion, New York Daily News,
News and Views, April 19, 1999.
"Reigning in the Police," Criminal Justice Ethics, Vol. 17, No. 2,
Summer/Fall 1998.
"The NYPD' s New Strategies," with Paul
Justice in New York City, Andrew Karmen
Hill, 1998.
O'Connell in Crime and
(ed.), New York: McGraw
"Below Zero Tolerance: The New York Experience," in Roger Hopkins
Burke
(ed.),
Zero
Tolerance
Policing,
Leicester,
England:
Perpetuity Press, 1998.
"Crime in New'"York: A Success Story," The Public Perspective, Vol.
8, No. 4, June\July 1997.
"Revolutionizing the Police: Fighting Crime in New York City,"
with Paul O'Connell, Security Journal, 9, 1997.
"Why is City Crime Going Down?" Daily News, January 14, 1997.
Review of "Fixing Broken Windows: Restoring Order and Reducing
Crime in our Communities," by George L. Kelling and C. M. Coles.
Law Enforcement News. January 31, 1997. Vol. XXIII, No. 460.
"Charting a Course for Change", Law Enforcement News, December 15,
1996, Vol. XXII, No. 457.
9
"Talking Crime Rates with a Tough Crowd," Law Enforcement News,
January 31, 1996, Vol. XXII, No. 438.
"Community Policing:
The
Implementation Gap,"
in
Peter C.
Kratcowski and Duane Dukes (Eds.) Issues in Community Policing,
Cincinnati, OH: Anderson, 1995.
"Community Policing: Implementation Lessons," Proceedings of the
Conference on the International Perspectives on Crime, Drugs and
Public Disorder, New York: John Jay College, 1995).
"Community Policing Training: Just How Real is it
Enforcement News, Vol. 20. No. 40. November 31, 1994.
Anyway"
Law
"Community Policing Training: How to Realize an Elusive Concept,"
Law Enforcement News, Volume 20, No. 411, November 15, 1994.
Additional criminal justice publications available on request.
CRIMINAL JUSTICE CONSULTANCY,
TRAINING AND EXPERT WITNESS
Witness, Floyd v. City of New York, 2013
Expert Witness, Stimson v. City of New York, 2014
Special Assistant, Office of Assistant Attorney General
Administration, Department of Justice, Washington, D.C.
for
Maryland State Police, consultant for revisions in policies,
training and operations in patrol and traffic stops
Expert Witness, Nunavet, Canada, crime analysis regarding
domestic violence and homicide
Expert Witness, New York State Public Employment Review Board
regarding police morale and salaries
Expert Witness, regarding New Jersey county treatment of
correctional employee
New York City Police Department--design and participation in
Executive Development Program Productivity Training
Program,
trainer in police leadership program. Leadership Training
New York State Division of Parole and New York State Department of
Corrections--Trainer and Facilitator in Executive Development and
Management
10
New York City Health and
management and supervision.
Consultant,
robberies
New
York
Hospital
Bankers
Corporation,
Association,
trainer
preventing
in
bank
Program Evaluation, Proposal for Criminal Justice Masters Program,
Molloy College, March 23, 2007
Program Evaluation, Graduate Program in Criminal Justice, Monmouth
University, May 26, 2007.
OTHER SELECTED PUBLICATIONS
"A New Integrated Financial System," in Thomas
Contemporary Public Budgeting (Transaction, 1981)
Lynch
(ed.)
"Budgetary Processes and Financial Administration," Chapter in Jae
T. Kim (ed.) Handbook of Public Administration, (Dubuque, Iowa:
Kendall-Hunt, 198u.
"PPB on the State Level:
The Case
Bureaucrat, Vol. 4, No. 2, July 1975.
"Legislative Budgetary Oversight
Government, Spring 1975.
in
of
New
Pennsylvania,"
York
State,"
The
State
"Productivity in Government: A Note of Caution," The American
Review of Public Administration, Volume 7, No. 3, July 1973.
Book Review, Governors, Legislatures and Budgets:
Diversity
across the American States, edited by Edward J. Clench and Thomas
P. Lauth, Publius, The Journal of Federalism, volume 22, Number 2,
Spring 1992.
"Public
Budgeting
and
Public
Administration:
Enter
the
Legislature," in Albert C. Hyde and Jay M. Shafritz (Eds.)
Government Budgeting: Theory, Process and Politics (Chicago:
Moore, 1978).
"New York City Revenues: The Federal and State Role," in The
Fiscal Crisis of American Cities: Essays on the Political Economy
of Urban America with Special Emphasis on New York, Roger Alcaly
and David Mermelstein (eds.), New York: Vintage Books (Random
House), 1977.
"Taxation as a Policy Issue," Policy Studies Journal, Winter 1974,
l. 3, No. 2.
11
"Public
Budgeting
and
Public
Administration:
Enter
the
Legislature," Public Finance Quarterly, Volume 2, No. 4, October
1974.
"The Price of Controlling Corruption," Book Review Essay, "The
Pursuit of Absolute Integrity:
How Corruption Control Makes
Government
Ineffective,"
by
James
B.
Jacobs
and
Frank
Anechiarico." Public Administration Review, March\April 1998. Vol.
58, No.2
Additional selected publications available on request.
PROFESSIONAL TRAINING AND RESEARCH
Research Associate,
Washington, D. C.
Nationa~
Academy o£
Pub~ic
Administration,
Evaluation of federal programs including four Department of
Housing and Urban Development Local Assistance Programs in eight
cities and NASA Lunar Orbiter and Surveyor space projects.
Consu~tant
aspects
o£
£or governmenta~\non-governmenta~ units in
administration and £inancia~ management.
various
These
inc~ude:
City of New York--Consultant and trainer, budget conversion,
budget preparation, revenue accounting and overview training for
City agencies in new Integrated Financial Management system;
conducted budget management workshops for agency fiscal officers;
evaluated Mayor's Summer Intern program.
Consu~tant,
New York State Legis~ature--Ana~yzed and prepared
reports £or Assemb~y Ways and Means Committee on the impact o£
£edera~ budget on New York State.
New York
State
Governor's
O££ice
o£ ~~oyee
Advanced Human Resources Deve~~nt Program £or State
Sqpervisors.
Training Program included:
Getting Work Done Through Others: The Supervisor's Main Job
Handling Information: The Power of Words and Numbers
Working with People: Understanding and Developing your Employees
Personal Effectiveness: Making the Most of Your Abilities
Working with Groups: The Power of a Team Effort
Consu~tant,
Re~ations,
12
Influencing Others: Taking an Active Role
~tiona2
Training and Management Seminars and Leadership
Conferences:
--Creative Problem Solving
--Communications
--Stress Management
--Time Management
--Investigative Interviewing
--Financial Management and Planning in a Cut-back Environment
Member, New York State Legislative Commission Public-Private
Cooperation. Previous Chair, Section on Budgeting and Financial
Management. With over 1,650 members, this is the largest of the
American
Society
for
Public
Administration's
16
sections.
Responsibilities include overseeing the professional and financial
activities of section.
Active member of National Commission on Urban Affairs, American
Jewish
Congress.
Study
major
urban
issues
and
offer
recommendations.
Editorial and referee publication responsibilities--International
Journal of Police Science and Management, Public Productivity
Review,
Public Administration Review,
Occasional
Papers
in
Administration, Cahiers De La Securite
-Professional Meetings and Panels
--Participant, Strategic Arms Limitation Agreement (SALT II),
briefing conducted by President Carter and Dr. Brzezinski, White
House, Washington, D.C.
Participated in numerous seminars topics including:
Urban reform in an era of scarcity
Justice service in the urban community
Budgetary concepts and practices
Northeast economic development
Management in a period of economic crisis
New York City's economic picture
Strategy and tactics of budget cutting
State constraints on local decision making
Changes in grants-in-aid.
13
Groups addressed include:
American Society of Criminology
Academy of Criminal Justice Sciences
American Society for Public Administration
American Political Science Association
National Association of Criminal Justice Planners
New York City's "Top Forty" Program
Federal Executive Board of Metropolitan New Jersey
Association of Government Accountants
The National Contract Management Association
New York State Department of Corrections
New York City Housing Authority
New York City Department of Corrections
New York City Police Department
New York City Health and Hospital Corporation
Television Appear9nces
Joint appearances with such officials as: President, District
Council 37, American Federation of State, County, and Municipal
Employees, AFL-CIO; Counsel and Press Officer, Consulate General
of Israel; Bronx Liberal Party Chairman, Kings County Conservative
Party Chairman; State Assemblymen.
Cable Network News, WNYC, WCBS, WABC, UPR, WNBC, and FOX News.
BBC television, BBC radio 5, WOR TV. CBS News, Channel 4 and 7
news. Fox television, National Public Radio, CBS television, Court
TV, Geraldo Rivera, Bill O'Reilly.
ACADEMIC EMPLOYMENT
Professor Emeritus, John Jay College of Criminal
Graduate Center, City University of New York
Justice
and
Professor of Police Studies and Criminal Justice Administration,
John Jay College and Graduate Center, City University of New York,
September 1984-January 2003
Visiting
Professor,
Police
Staff
Basingstoke, England, 1998 and 1984.
College,
Bramshill
near
Visiting Professor, Toulouse University, Joulouse France, 2005 and
2003
Associate Dean of Faculty, John Jay College,
New York, September 1978-February 1984
City University of
14
Chair, Department of Government and Public Administration, John
Jay College, City University of New York, July 1976-September
1978.
PROFESSIONAL ASSOCIATIONS
American Society of Criminology
Academy of Criminal Justice Sciences
American Society for Public Administration
International Association of Chiefs of Police
New York Metro Chapter American Society for Public Administration
American Academy of Professional Law Enforcement
Section on Budgeting and Financial Management, American Society
for Public Administration
Section on Criminal Justice Administration, American Society for
Public Administration
J.A. Eterno,CV 1
John A. Eterno
Department of Criminal Justice
Molloy College
1000 Hempstead A venue
P.O. Box 5002
Rockville Centre, NY 11571-5002
Office: (516) 323-3806
Fax: (516) 323-3802
E-mail: jetemo@molloy.edu
Education:
Ph.D.
Criminal Justice
University at Albany, State University of New York
Dissertation Title: Deciphering Legal Decisions on the Street: A Case
Study of the New York City Police Department
1999
M.A.
Criminal Justice
University at Albany, State University of New York
1991
M.P.S.
Human Relations, with distinction
New York Institute ofTechnology
Thesis Title: Cops as Counselors
1987
B.A.
History
Queens College, City University of New York
1981
Experience in Academia:
9/2011 - present
Professor, Department of Criminal Justice, Molloy College
9/2007 - present
Associate Dean & Director of Graduate Studies in Criminal
Justice, Molloy College
9/2007-8/2011
Associate Professor, Department of Criminal Justice, Molloy
College
9/2006-8/2012
Chairperson, Department of Criminal Justice, Molloy College
9/2003 - 8/2007
Assistant Professor, Department of Criminal Justice, Molloy
College
9/1999 - 8/2003
Adjunct Assistant Professor, Department of Criminal Justice,
~--
JA. Eterno,CV2
Courses taught at Molloy:
1.
2.
3.
4.
Advanced Internship*
The Compstat Process
Critical Issues in Criminal Justice
Cross-Cultural Perspectives in Criminal
Justice
5. Deviant Behavior
6. Domestic and International Terrorism *
7. Domestic Violence
8. Foundations of Justice
9. Independent Studies in Criminal Justice
10. Introduction to Criminal Justice
11. Law and Society
12. Master's Thesis Seminar*
13. Modem American Justice*
14. Modem Law Enforcement*
15. Research Methods in Criminal Justice**
16. Senior Seminar in Criminal Justice
17. Survey oflntemational Justice
Systems*
18. Theories of Crime
19. Tutorials in Criminal Justice/Sociology
20. Violence and Aggression
21. Violence in American Society*
*Graduate level course
**Both graduate and undergraduate level courses
6/2000 - 5/2003
1.
2.
3.
4.
5.
6.
7.
Adjunct Assistant Professor, Queens College, City University of
New York, Sociology Department.
Courses taught at Queens:
Introduction to Sociology
Deviance and Social Pathology
Sociology of Law
Methods of Social Research
Senior Seminar: Issues in Criminal Justice
Senior Seminar: Violence and Aggression in American Society
Criminology and Criminal Justice (graduate)
Professional Experience in Criminal Justice:
111983 - 5/2004
1999-2004
Sworn Officer with the New York City Police Department
(NYPD)
Specific Duties:
Captain, Commanding Officer, Crime Analysis and Program
Planning Section (2003 to 2004) and Commanding Officer,
Mapping Support Unit (1999 to 2004)- Office of Management,
Analysis and Planning. Make policy recommendations and handle
sensitive assignments for the Deputy Commissioner of Strategic
J.A. Eterno,CV 3
1998- 1999
1996- 1998
1996
1991 - 1996
1990- 1991
1988- 1990
1987- 1988
1983- 1987
Initiatives and Assistant Commissioner of Programs and Policies.
This includes designing, conducting, and reviewing research
(including large scale projects requiring supervision, training, and
coordination of hundreds of staff) on matters such as crime
analysis, stop and frisk (involves racial profiling), and drug testing
of prisoners. Responsibilities also involve coordinating,
developing, training, and introducing useful advances in mapping
and other associated technologies.
Captain, Executive Officer, tooth Precinct
Lieutenant, Special Projects, Office of Management Analysis
and Planning, Research Analyst. Projects involving policy and
research such as evaluating and rewriting sections of the NYPD
Patrol Guide (manual for field officers) as well as reviewing
applications for research by university professors and outside
agencies.
Lieutenant, 112th Precinct, Platoon Commander and Special
Projects
Sergeant, Personnel Bureau, Training Coordinator/Researcher
Responsible for: (1) conducting research leading to the
implementation of physical fitness standards for police officer
candidates and incumbent officers; (2) research leading to
increasing the age and education requirements for police officer
candidates; and (3) all training for the Personnel Bureau.
Sergeant, Research Analyst, Office of Management Analysis and
Planning, Projects included: Housing Management Exchange
Program, Domestic Violence Prevention, and Citizen Satisfaction
Survey.
Sergeant, Patrol Supervisor, 113th Precinct and 109th Precinct
Police Officer, Police Academy, Official Company Instructor,
Police Science
Police Officer, Patrol -1Oth Precinct and Midtown Precinct North
Professional Boards, Editorial Boards, and Peer Reviewer Experience:
2013-2014
Peer Reviewer for Justice Quarterly
3/2013
Peer Reviewer for CRC Press/Taylor and Francis
3/2006-present
Editorial Board (including Managing Editor and iFirst
Coordinator 3/2006 - 3/2011 ), Police Practice and Research: An
International Journal (PPR). PPR is a peer-reviewed,
international journal that presents current and innovative academic
police research as well as operational and administrative police
practices from around the world. It is the official journal of the
JA. Eterno,CV 4
International Police Executive Symposium.
10/2011 -present
Board of Directors, American Academy of Law Enforcement
Professionals, Long Island
2010
Peer reviewer Investigative Sciences Journal
1/2000- present
Peer reviewer Police Practice and Research: An International
Journal.
2005-2007
Peer reviewer Journal of Criminal Justice and Popular Culture.
2001-2002
Peer Reviewer for Office of Community Oriented Policing
Services (COPS), National Institute of Justice. Peer review
materials for publication.
Consulting/Expert Witness/Testimony:
2014
Expert Witness in Schoolcraft v. City ofNew York
2014
Expert Witness in Stinson v. City ofNew York
2013
Delegate to the United Nations for the International Police
Executive Symposium
2012
Assessed Nassau Community College's Criminal Justice program
with the assistance ofDr. Barbara Morrell of St. Joseph's College.
This included interviews, site visit, and preparation of detailed
written report including future recommendations for the program.
Completed May 24, 2012.
2012
Invited participant to New York State Assembly's Standing
Committee on Codes, Standing Committee on Corrections, and
New York State Black, Puerto Rican, Hispanic, and Asical
Legislative Caucus Roundtable on "An examination of stop and
frisk policy and practice" May 18, 2012
2008
Expert Witness for Robbins, Russell, Englert, Orseck, Untereiner &
Sauber LLP to provide expert opinions in the case of Keenan M.
Scott, Thomas Logan, John Loomis, Robert Davison, and Michael C.
DeMartino, Plaintiffs v. City ofNew York and The New York City
Police Department, Defendants- United States Southern District of
New York 02 Civ. 9530 (SAS-THK). Provide expertise and
testimony on police culture and management with emphasis on
J.A. Eterno,CV5
NYPD. Expert Report prepared and delivered on June 21, 2008.
Deposed, August 22, 2008. Testified and recognized by court as
expert on police management and policing on November 13, 2008.
2005-2007
Research Consultant for United States Department of Justice.
Consult on problem-solving and assessment of Public Housing
Safety Initiative in 75 and 101 Precincts. This involves assisting
various criminal justice agencies on how to adopt effective
strategies for improving the quality of life in specific areas,
measuring the effectiveness of the innovations, and then using the
assessments to re-organize the strategies. Prepared, "Public
Housing Safety Initiative- Final Report." Submitted to United
States Attorney's Office,Eastem District ofNew YorkNovember, 2007.
1999-2003
Research Consultant with National Development and Research
Institutes (NDRI). Consult on survey development, questionnaire
design, question wording, research methods, and other policing
related criteria for Policing Supplement to Arrestee Drug Abuse
Monitoring Program (ADAM) survey.
2002
Deposition as representative for NYPD at civil lawsuit on
November 19, 2002 regarding stop and frisk practices ofthe
Department. My testimony was on research and work I conducted
creating and analyzing a large database consisting of all Stop and
Frisk Reports prepared by sworn officers since 1994. I also
testified regarding my policy recommendations and assistance I
gave in writing press releases on stop and frisk.
1994-1996
Testified and represented the NYPD at the New York State
Municipal Police Training Council (MPTC) from 3/94 to 8/96.
Testified on the research I conducted supporting a physical
standard for the NYPD's police officer candidates. The MPTC
sets the minimum training standards for most police agencies in
New York State.
1994
Testified and represented the NYPD before New York State
Civil Rights Commission regarding the research I conducted to
support raising age of police recruits from 20 to 22 in 1994.
i
;.
Peer Reviewed Journal Publications:
Eterno, John A., Arvind Verma & Eli B. Silverman 2014. "Police Performance
Management: Do Managerial Pressures Influence Police Manipulation of Crime
J.A. Eterno,CV 6
Reports?" Under review.
Eterno, John A. & Eli B. Silverman 2010. "Understanding Police Management: A
Typology ofthe Underside ofCompstat." Professional Issues in Criminal
Justice. 5 (2&3): 11-28.
Eterno, John A. & Eli B. Silverman 2010. "NYPD's Compstat: Compare Statistics or
Compose Statistics?" International Journal ofPolice Science and Management. 12
(3): 426-449.
Eterno, John A. 2008. "The Influence ofNeighborhood Wealth on Police Decisions to
Invoke the Law: An Empirical Assessment of Conflict Theory." Professional
Issues in Criminal Justice 3(3):1-24.
Eterno, John A. 2008. "Homeland Security and the Benefits of College Education: An
Exploratory Study of the New York City Police Department's Cadet Corps."
Professional Issues in Criminal Justice 3(2): 1-16.
Sciarabba, Anthony L. & John A. Eterno 2008. "An Analysis of the Dynamics of the
Coverage of Domestic Abuse in Introductory Criminal Justice and Criminology
Textbooks." Journal ofCriminal Justice and Popular Culture. 15(2): 217-237.
Eterno, John A. 2007. "Understanding the Law on the Front Lines: The Need for
Bright-Line Rules." Criminal Law Bulletin. 43 (5): 706-725.
Eterno, John A. 2006. "Gender and Policing: Do Women Accept Legal Restrictions
More than Their Male Counterparts?" Women and Criminal Justice. 18 (1/2): 4978.
Eterno, John A. & Eli B. Silverman 2006. "The New York City police department's
Compstat: dream or nightmare?" International Journal ofPolice Science and
Management. 8 (3): 218-231.
Davis, W. Rees; Bruce D. Johnson; Doris Randolph; Hilary James Liberty; and John
Eterno 2005. "Comparing police drug-allegations with enumerations of drug
users/sellers." Policing: An International Journal ofPolice Strategies and
Management. 28 (4): 594-607.
Golub, Andrew, Bruce D. Johnson, Angela Taylor, John Eterno. 2004. "Does Qualityof-life Policing Widen the Net? A Partial Analysis." Justice Research and Policy.
6(1 ): 19-41.
Johnson, Bruce D., Andrew Golub, Angela Taylor, John Eterno 2003. "Quality-of-life
policing: Do offenders get the message?" Policing: An International Journal of
Police Strategies and Management. 26 (4): 690-707.
JA. Eterno,CV7
Eterno, John A. 2001. "Zero Tolerance Policing in Democracies: The Dilemma of
Controlling Crime Without Increasing Police Abuse of Authority." Police
Practice and Research: An International Journal, 2 (3): 189-217. * *
**Reprinted in Palmer, Darren; Berlin, Michael, & Das, Dilip (2012). The Global
Environment ofPolicing. (CRC Press/Taylor and Francis Group:London).
Books:
Eterno, John A. & Cliff Roberson (2015). The Detectives Handbook (CRC Press, Boca
Raton, FL) (under contract)
Eterno, John A., Dilip K. Das, Mintie Das (eds.). (2015) Global Issues in
Contemporary Policing. (CRC Press; Boca Raton, FL). (under contract)
Eterno, John A. (ed.) 2014. The New York City Police Department: The Impact of Its
Policies and Practices. (CRC Press. Taylor and Francis Group: Boca Raton, FL)
(in press).
Eterno, John A. & Eli. B. Silverman 2012. The Crime Numbers Game: Management by
Manipulation (CRC Press/Taylor and Francis Group: Boca Raton, FL).
Eterno, John A. & Dilip K. Das (eds.) 2010. Police Practices in Global Perspective.
(Rowman & Littlefield: Lanham, MD).
Eterno, John A. 2003. Policing within the Law: A Case Study of the New York City
Police Department. (Praeger: Westport, CT).
Book Chapters & Other Publications:
Eterno, John A. & Eli B. Silverman (2014, July 14). "Bratton's stop and frisk study
mistake" New York Daily News. http://www.nydailynews.com/opinion/brattonstop-frisk -study-mistake-article-1.1863 847
Silverman, Eli B. & John A. Eterno (2013, December 19). "Letter to the Editor:
Bratton's Return as New York's Police Commissioner." The New York Times.
http://www.nytimes.com/20 13/12119/opinion/brattons-retum-as-new-yorkspolice-commissioner.html?ref-=todayspaper& r=O
Eterno, John A. (2013, November 6). "In defense of Judge Scheindlin." New York Daily
News. http://www.nydailynews.com/opinion/defense-judge-scheindlin-article1.1507911
Eterno, John A. & Eli B. Silverman (2013, September 11) "Mike Bloomberg's fact free
JA. Eterno,CV 8
defence of stop and frisk." The Guardian.
http://www.theguardian.com/commentisfree/20 13/sep/11/stop-and-frisk-michaelbloomberg
Eterno, John A. & Eli B. Silverman (2013, July 22). "Ray Kelly's record should rule
him out ofheading Homeland Security." The Guardian.
http://www.guardian.co.uk/commentisfree/2013/jul/22/ray-kelly-rule-outhomeland-security
Eterno, John A. & Eli B Silverman (2013, January 7) "Letter to the Editor, :A Rise In
Violent Crime" New York Times. http://www.nytimes.com/2013/0l/08/opinion/arise-in-vinlent-crime.html? r=O
Eterno, John A. (with the assistance of the New York Civil Liberties Union) (2012,
September 30). Less stop-and-frisk can save more lives. New York Daily News.
http://www.nydailynews.com/opinion/stop-and-frisk-save-lives-article1.1170728?print
Silverman, Eli B.; John A. Eterno; and Jesse Levine (2012, August 13). "Manufacturing
Low Crime Rates at the NYPD: Reputation versus Safety under Bloomberg and
Kelly." The Buffington Post. http://www.huffingtonpost.com/eli-bsilverman/low-crime-rates-nypd-eli-b-silverman-john-a-etemo b 1772489.html
Eterno, John A. (2012, July 18) "Look to Past to See Folly of Aggressive Relations."
The New York Times. Room for Debate
http://www.nytimes.com/roomfordebate/20 12/07/17/does-stop-and-frisk-reducecrime/look-to-past-to-see-folly-of-aggressive-relations
Eterno, John A. (2012, June 18). "Policing by the Numbers." The New York Times.
Opinion: A23.
Eterno, John A. (2012) "Special Editors Comments." Police Practice and Research: An
international Journal. 13(3). 204-207.
Eterno, John A. (2012, March 7). "NYPD Crime Stats Manipulation Widespread, Must
Be Investigated, Criminologist Say." The Village Voice. Wednesday.
http://blogs. villagevoice.com/runninscared/20 12/03/nypd crime stat 1.php
Eterno, John A. & Eli B. Silverman (20 12, February 10) "Letter to the Editor,
Evaluating Kelly's Tenure as Police Commissioner" New York Times
http://www.nytimes.com/2012/02/11/opinion/evaluating-kellys-tenure-as-policecommissioner.html
Eterno, John A. "A Brief History of Criminal Investigation." Chapter 1 in Michael
J.A. Eterno,CV9
Birzer and Cliff Roberson (Eds.) 2012. Criminal Investigation in the 21st
Century (Boca Raton, FL: CRC/Taylor and Francis) ..
Silverman, Eli B. & John A. Eterno (2011) "Etemo and Silverman, Criminologists, Say
NYPD's Crime Stat Manipulation A Factor In Recent Corruption Scandals." The
Village Voice November 29 (Tuesday)
http:/lblogs.villagevoice.com/runninscared/2011/11/etemo and silv.php
Eterno, John A. & Christopher G. Sullivan 2011. "Expert Report to Nassau Community
College on Criminal Justice Remediation." Submitted to Nassau Community
College on October 5, 2011.
Eterno, John A. & Eli B. Silverman, 2011, January 24. "Building a Better Compstat:
How to improve New Yorker's confidence in the NYPD's crime statistics." New
York Daily News op. ed. (Monday).
Eterno, John A. & Eli B. Silverman 2010. "New York Crime Statistics." New York
Times Letter to the Editor (Friday) December 3.
Eterno, John A. and Eli B. Silverman (2010). "Truth versus Spin: An Op-Ed on the
NYPD's Crime Statistics From Two Criminologists." The Village Voice.
September 9 (Thursday)
http://blogs. villagevoice.com/runninscared/archives/20 10/09/truth versus sp.php
Eterno, John A. & Eli B. Silverman 2010. "Hey NYPD, Want to Catch Even More
Terrorists? End the Quotas and Victim Intimidation" The Village Voice.
(Monday) May 9.
http://blogs.villagevoice.com/runninscared/archives/201 0/05/nypds anti-terr.php
Silverman, Eli B. & John A. Eterno 2010. "New York Crime Statistics: What the
Researchers Say." New York Times Letter to the Editor (Tuesday) February 23.
Eterno, John A. (2011) "Policing in the United States: Balancing Crime Fighting and
Legal Rights." Book chapter in Eterno, John A. & Dilip K. Das (eds.)
2010. Police Practices in Global Perspective. (Rowman & Littlefield: Lanham,
MD).
Eterno, John A. & Eli B. Silverman 2010. "The Trouble with Compstat." New York
Daily News op. ed. (Monday) February 15.
Eterno, John A. & Eli B. Silverman 2010. "Survey of Retired Members of the Captain's
Endowment Association" Report submitted to Captains Endowment Association,
January.
J.A. Eterno,CV 10
Eterno, John A. 2010. "The Public Housing Safety Initiative in the Eastern District of
New York: A Collaborative Researcher and Practitioner Program." Book chapter
in CliffE. Roberson, Dilip Das, and Jennie K. Singer (2010) Police Without
Borders: The Fading Distinction between Local and Global. CRC Press/Taylor
and Francis: London: pp. 261-288.
Eterno, John A. 2008. "Interview with Malme Odd Berner, Ministry of Foreign Affairs,
Norway." Book chapter in Otwin Marenin and Dilip K. Das Trends in Policing:
Interviews with Police Leaders Throughout the World. CRC Press/Taylor and
Francis: London: pp. 143-154.
Eterno, John A. 2007. "Public Housing Safety Initiative- Final Report." Submitted to
United States Attorney's Office, Eastern District ofNew York- November, 2007.
Eterno, John A. 2005. Main Contributor for The Encyclopedia of Racism in the United
States: 3 Volumes, Edited by Pyong Gap Min (Greenwood: Westport, CT).
Johnson, Bruce D., Andrew Golub, Angela Taylor, John Eterno. 2002. "How Accurate
are Arrestees in Reporting Their Criminal Justice Histories?: Concordance and
Accuracy of Self-Reports Compared to Official Records." Final Report to
National Institute of Justice. October 2, 2002.
Eterno, John A. 2002. "The Challenge ofBeing a Catholic Police Officer in New York
City." Book chapter in Professions of Faith: Living and Working as a Catholic.
Edited by James Martin and Jeremy Langford (Sheed and Ward, Franklin,
Wisconsin).
Eterno, John A. and Eli B. Silverman 2002. "Guest Editors' Introduction: Corruption in
Perspective." Police Practice and Research: An International Journal, 3 (1): 3-5.
Johnson; Bruce D., Angela Taylor; Andrew Golub, John Eterno 2000. "Monitoring
Impacts of Policing Initiatives on Drug Users and Criminals among Arrestees in
New York City: Final Report to National Institute of Justice, New York: National
Development and Research Institutes, December 22.
Eterno, John A. and Christopher Sullivan 1994. "The Struggle for Physical Standards."
NYCPD Management and Training Journal, II, (2): 1.
Invited Speaking Engagements, Scholarly Presentations, and Other Academic Dialog:
Presented as invited speaker "Police Performance Management: Unrelenting Demand for
Numbers" at Molloy Institute for Lifelong Learning at the Union Baptist Church in Hempstead,
New York on January 28, 2014.
J.A. Eterno,CV 11
Presented as invited speaker "Training Corrupted by Management: Crime Report Manipulation"
at the International Association of Chiefs of Police annual meeting Philadelphia, PA October 1923.
Invited Chairperson and presenter at the Annual Meeting of the International Police Executive
Symposium in Budapest, Hungary August 2 -9,2013. Presented scholarly paper at the meeting
"The New Corruption: the Manipulation of Crime Numbers."
The Problem of Police Practitioner and Researcher Collaborations presented at the Annual
Meeting ofthe Academy of Criminal Justice Sciences March 21, 2013 in Dallas Texas.
Roundtable discussant on Does your presentation relate to the conference theme? at the Annual
Meeting of the Academy of Criminal Justice Sciences March 23, 2013 in Dallas, Texas.
Presented as invited speaker "Crime Report Manipulation: The Unspoken Truth at NYPD" for
the Molloy Institute for Lifelong Learning as an invited speaker on February 26, 2013.
Presented as invited speaker at The Police Reform Organizing Project's "From Behind the Blue
Wall of Silence" forum at the Schomburg Center for Research in Black Culture on December 3,
2012 Harlem, New York.
Roundtable discussant on Interviews with Global Leaders in Policing, Courts and Prisons at the
American Society of Criminology meeting in Chicago Illinois, on Friday, November 16, 2012.
"The Crime Numbers Game: Management by Manipulation" presented at the American Society
of Criminology meeting in Chicago, Illinois on Wednesday, November 14, 2012.
Crime Rate Drop in New York City: Fact or Fiction. Presented as part of panel discussion at The
Society of Catholic Social Scientists meeting at Kellenberg Memorial High School in Nassau
County, New York, October 26,2012.
Presented as invited speaker with Eli Silverman on research on NYPD to New York Civil
Liberties Union June 28, 2012.
Presented as invited speaker by City Council at press conference to media on bill to create
Inspector General as watchdog for NYPD on June 13, 2012.
With Eli B. Silverman presented at International Conference on Global Perspectives on Justice,
Security and Human Rights at John Jay College of Criminal Justice June 6-9, 2012" Unveiling
the truth: weaknesses in police performance management systems."
Presented as invited speaker at The Police Reform Organizing Project's "From Behind the Blue
Wall of Silence: NYPD Officers Speak Out" forum May 3, 2012 New York, New York.
J.A. Eterno,CV 12
Presented as invited speaker at The Police Reform Organizing Project's "Problems with Policing
and Proposals for Reform" forum February 16,2012 New York, New York.
"Modem Police Management: Insights into the Underside ofCompstat at NYPD." Presented at
the Annual Meeting ofthe International Police Executive Symposium June 26 to June 30,2011
in Buenos Aires, Argentina.
With Eli B. Silverman "Understanding Police Management: A Typology of the Underside of
Compstat" Presented at the Annual Meeting ofthe Academy of Criminal Justice Sciences on
March 3, 2011.
With Eli B. Silverman "(ke)Evaluating the Success of Compstat" Presented as invited speaker at the
Annual Meeting ofCriminal Justice Educators ofNew York State, Utica, New York, October 28,
2010.
Presented "Compstat: Compare Statistics or Compose Statistics" at Nassau Community College
as an invited speaker on October 18, 2010.
Presented "Crime Statistics in New York City" at St. Mark's Methodist Church for the Molloy
Institute for Lifelong Learning as an invited speaker on October 12, 2010.
With Eli B. Silverman "Compstat: Compare Statistics or Compose Statistics." Presented at meeting
sponsored by Federal Bureau oflnvestigation and John Jay College of Criminal Justice in New York
City as invited speakers on August 27,2010.
Presented "NYPD Managers Speak Out: The Impact ofCompstat" at St. Mark's Methodist
Church for the Molloy Institute for Lifelong Learning as an invited speaker on April30, 2010.
With Eli B. Silverman "NYPD Manager's Speak Out: The Impact ofCompstat." Presented at the
Annual Meeting ofthe Academy of Criminal Justice Sciences, San Diego, CA, February 26, 2010.
With Eli B. Silverman "A Preliminary Assessment of Compstat in the New York City Police
Department." Presented at the Annual Meeting of the Academy of Criminal Justice Sciences, Boston,
MA, March 12,2009.
"A Preliminary Assessment ofCompstat in the New York City Police Department." Presented at
Faculty Research and Scholarship Day, Molloy College, February 13, 2009.
"The Public Housing Safety Initiative in the Eastern District of New York: A Collaborative
Researcher and Practitioner Program." Presented at the Annual Meeting of the International
Police Executive Symposium in Cincinnati, May 12 through May 16,2008.
"New York City's Marijuana Arrest Policy Thirty Years after Decriminalization." Presented as
invited speaker to the New York City Bar on April 30, 2008.
J.A. Eterno,CV 13
"The Influence of Wealth on Police Decisions to Invoke the Law Revisited: An Empirical
Assessment of Conflict Theory," presented at the Annual Meeting ofthe Academy of Criminal
Justice Sciences, Seattle- March, 2007.
Addressed as invited speaker United States Attorneys and representatives of government and
private concerns on "Public Housing Safety Initiative" at the United States Attorneys Office Eastern District ofNew York, July 11, 2006.
"Understanding the Law on the Front Lines: The Needs for Bright-Line Rules." presented at the
43rd Annual Meeting ofthe Academy of Criminal Justice Sciences, February 28- March 4, 2006
Baltimore, Maryland.
Discussant on "ACJS Certification Standards: Issues" at the 43rd Annual Meeting of the
Academy of Criminal Justice Sciences, February 28 - March 4, 2006 Baltimore, Maryland.
"Controlling Crime and Terrorism in Democratic Countries: Strengths, Weaknesses, and
Suggestions for the Compstat Paradigm." presented at the Annual Meeting of the International
Executive Research Symposium, Prague, Czech Republic - September, 2005.
"Gender and Policing: Do Women Accept Legal Restrictions More than Their Male
Counterparts?" presented at the Annual Meeting of the Academy of Criminal Justice Sciences,
Chicago, Illinois, -March, 2005.
"Police Work, Law, and Behavior," presented as invited speaker at Fordham University, New
York City, sponsored by the Fordham University Psychology Association, Psi Chi, and the
Fordham Institute -February, 2002.
"Zero Tolerance Policing in Democracies: A Case Study ofthe New York City Police
Department," presented as invited speaker at the University at Albany State University ofNew
York, Police Research Group, Albany, New York- February, 2001.
"Mapping for Law Enforcement," presented as invited speaker at the Vera Institute of JusticeCrime Mapping and Analysis for Police Management Meeting, New York City, New York August, 2000.
"Police Cooperation with Law and Authority: The Need for Clear Rules," presented at the
meeting of the International Police Executive Symposium, Ainring, Germany- April, 2000.
"The Influence of Wealth on Police Decisions to Invoke the Law: An Empirical Assessment of
Conflict Theory," presented at the Annual Meeting of the American Society of Criminology,
Washington D.C.- November, 1998.
"Deciphering Legal Decisions on the Street," presented at the Annual Meeting of the American
J.A. Eterno,CV 14
Society of Criminology, San Diego, California- November, 1997.
"Cadets and Policing: An Analysis of the New York City Police Department's Cadet Corps,"
presented at the Annual Meeting of the Academy of Criminal Justice Sciences, Las Vegas,
Nevada- March, 1996.
"Unraveling Civil Liability Decisions Against Police," presented at the Annual Meeting of the
Academy of Criminal Justice Sciences, Boston, Massachusetts- March, 1995.
"Physical Standards and Policing: The Challenge to Police Policymakers," presented at the
Annual Meeting ofthe Academy of Criminal Justice Sciences, Chicago, Illinois- March, 1994.
"Ethnicity and Sentencing: A Study of the Effect ofEthnicity on Sentencing ofFemale
Prostitutes," presented at the Annual Meeting of the Academy of Criminal Justice Sciences,
Kansas City, Missouri- March, 1993.
Book Reviews:
Police Practice and Research, 2008, 9 (3): 261-263. Das, Dilip and Jiao, Allan editors (2005).
Public Order: A Global Perspective. Pearson, Prentice-Hall: Upper Saddle River, NJ.
Police Practice and Research, 2003, 4 (3): 321-323. Henry, Vincent E. (2002). The Compstat
Paradigm: Management Accountability in Policing, Business and the Public Sector. Flushing
NY: Looseleaf Law Publishers.
Journal ofCriminal Justice and Popular Culture, 1999, 6 (3): 91-94. Leo, Richard A. and
Thomas III, George C. The Miranda Debate- Law, Justice, and Policing (1998). Boston, MA:
Northeastern University Press.
Professional Affiliations:
Academy of Criminal Justice Sciences (ACJS) (including Policing Section)
American Academy of Law Enforcement Professionals, Long Island (Board ofDirectors)
American Association of University Professors (AAUP) (Elected Representative at Large,
Molloy College Chapter September 2004 to August 2010; President, Molloy College Chapter
September 2010 to present)
American Society of Criminology (ASC)
Captain's Endowment Association (CEA), New York City Police Department
Criminal Justice Educators ofNew York State (CJEANYS)
!:
I
J.A. Eterno,CV 15
International Police Executive Symposium (IPES)
Awards, Honors, and Grants:
2014
Recognized by International Police Executive Symposium for work completed for the
organization
2014
Faculty Recognition Award, Molloy College. Awarded by graduate students to
outstanding faculty member teaching in graduate program.
2010
Faculty Research Award, Molloy College. Awarded for outstanding research in the field
of Criminal Justice.
2009
Faculty Recognition Award, Molloy College. Awarded by graduate students to
outstanding faculty member teaching in graduate program.
2008
Awarded grant of$2,000 by Molloy College Committee for Faculty Scholarship and
Academic Advancement to study managerial process in New York City Police
Department
2004
Highly Commended Award from the peer reviewed journal Policing: An International
Journal ofPolice Strategies and Management for article published (see publications).
Selected by editor and editorial team for its excellence.
2004
Inducted as honorary member of the Golden Key International Honour Society- Queens
College Chapter.
2001
Enterprise Initiative Award from the Excellence in Technology Award Program given by
the New York City Mayor's Office and the Department oflnformation Technology and
Telecommunications for work conducted on citywide mapping project involving the
coordination and security of a sophisticated mapping tool that accurately incorporates
many layers including aerial photographs, information about buildings (such as owner's
names, contact telephone numbers), water mains, electricity lines, subways, etc.
1996 Police Foundation Award for groundbreaking research leading to the NYPD's physical
fitness/agility examination for police recruits and incumbent officers.
1990 Ph.D. scholarship sponsored by the Police Foundation and the NYPD to attend the
University at Albany.
1987
Graduated with distinction New York Institute ofTechnology; awarded symbolic hood.
JA. Eterno,CV 16
1987
PSI CHI (National Honor Society in Psychology).
1983
Graduated at top 10% of Police Academy class.
1983-2004
NYPD Medals and Awards: 2 Meritorious Police Duty, 7 Excellent Police Duty,
and numerous New York City Police Department attendance awards.
Certifications:
Collaborative Institutional Training Initiative (CITI) certification for Social/Behavioral Research
with human subjects- expires 3/8/2017
Physical Fitness Instructor for law enforcement by the Dallas Institute of Aerobics.
Police Academy Instructor by the New York City Police Department.
Verbal Judo Instructor by the New York City Police Department.
Other Related Work:
Attended annual meeting of the International Police Executive Symposium in Sofia, Bulgaria
July 27-31,2014.
Interviewed and appeared on CBS news regarding police and Mayor DeBlasio on February 12,
2014. (note: numerous news articles on topic published as well).
http://newyork.cbslocal.com/20 14/02/12/de-blasio-under-fire-after-pastor-is-released-frompolice-custody/
Interviewed and appeared live as invited guest on MSNBC's "The Last Word" with Lawrence
O'Donnell aired on August 13, 2013 http://www.nbcnews.com/id/45755883/ns/msnbcthe last word/vp/52750096#52750096
Interviewed and appeared as invited guest on Richard French Show on Regional News
Network/FIOS television on January 15, 2013 https://www.youtube.com/watch?v=IH1vBUR8vY
Presented as invited speaker for Thomson/Reuters news "Stories of Stop and Frisk- Reuters
Investigates" Reuters TV on their web site on July 2, 2012.
http://www .reuters.com/video/2 0 12/06/29/reuters-tv-stories-of-stop-and-frisk -reutersinvest?videoid=236276763&videoChannel=117777
Presented as invited speaker with Eli Silverman on documentary on NYPD for web documentary
The Inequality ofLife produced by Kathy Conkwright.
JA. Eterno,CV 17
Numerous interviews from March through June 2012 with various media and producers on
police management such as FIOS TV, ABC, CBS 60 minutes, The New York Times, and many
others.
Interviewed for CBS News with Eli Silverman on Friday March 30, 2012.
Interviewed and appeared on ABC News with Eli Silverman March 2012 re: NYPD crime
statistics http://abclocal. go.com/wabc/story?section=news/investigators&id=8596098
Interviewed and appeared on radio program "Know Your Rights" with Eli Silverman on March
20, 2012.
Interviewed and appeared on national syndicated radio broadcast (InfoTrak) February/March
2012. Producer Randy Meyer.
Appeared on CUNY television CityTalk February 2012 http://www.cuny.tv/show/citytalk
Maintain blog site with Eli Silverman on Compstat and related issues
http://unveilingnypdcompstat.blogspot.com/.
Presented "Publishing: Practices and Pitfalls" as Keynote Speaker at Molloy College Annual
Recognition ofFaculty Scholarship on March 7, 2011.
Interviewed and appeared with co-author Eli Silverman on National Public Radio show "This
American Life" for week beginning on Septermber 10, 2010.
Interviewed and appeared on ABC News with co-author Eli Silverman on Friday, August 27,
2010.
Interviewed and appeared on ABC News with co-author Eli Silverman on May 24, 2010
regarding Stop and Frisk activities
Cited and quoted in numerous articles regarding research on Compstat including, but not limited
to the New York Times, New York Daily News, New York Post, Village Voice, Gotham Gazette.
Interviewed and appeared on CBS News with co-author Eli Silverman on February 7, 2010
regarding research on Compstat.
Committee work at Molloy College: Faculty Council Fall2010 to present; Undergraduate Academic
Programs and Policies Fall2010 to present: Promotion Committee Fall2012- Spring 2013; Member
and Chair Nominations and Elections Fall 2005- Spring 2009; Member Priorities and Planning Fall
2009- Spring 2011; Member Liaison Committee of Board of Trustees Fall2009-Spring 2011;
Member Library Committee Fall2003 through Spring 2008; Member various ad hoc and grievance
committees; Chair three (3) hiring committees for Department of Criminal Justice; Member Chairs
JA. Eterno, CV 18
and Deans Council Fall 2006 to present; Member Student Learning Outcomes Assessment Group
Fall2006 to Spring 2012.
Caused and assisted in development of Moot Court/Mock Trial team at Molloy College, Spring 2009
to present.
"The Molloy Criminal Justice Program." Presented as invited speaker at the meeting of the American
Academy for Professional Law Enforcement on May 19,2009.
Television interview for FrictionTV (internet television) on April30, 2008, "NYPD focus on
numbers and not people." http://friction.tv/ftv debate.php?debate id=2820.
Developed Legal Studies minor at Molloy College for students interested in the study oflaw.
Submitted and approved by Molloy College in 2008.
Developed Master's of Science in Criminal Justice graduate program at Molloy College.
Submitted and approved by Molloy College and New York State Department ofEducation in
2007.
Developed Advisory Board for Department of Criminal Justice, Spring 2007 to present.
Faculty representative at Honors Convocation, Molloy College 2004 and 2005.
Developed Zeta Lambda- 2004 --Molloy's chapter of Alphi Phi Sigma- criminal justice honor
society.
Represented NYPD at the National Institute ofJustice's Crime Mapping Research Conference in
Denver, CO- December 8-11, 2002.
Represented NYPD at the ChiefExecutive Blueprint Symposium in Policing on Organization
and Management, Leadership for the Transition to Community Policing, sponsored by the
Department of Justice, Community Oriented Policing Services, at Nassau County Police
Headquarters, New York March 12 and 13, 2002.
Represented NYPD giving an interview with Geo magazine (a German magazine similar to
National Geographic) on June 20, 2001 regarding mapping and law enforcement.
Represented NYPD at the National Institute of Justice's Crime Mapping Research Conference in
San Diego, CA- December 9-12, 2000.
Represented NYPD at the National Institute of Justice's Crime Mapping Research Conference in
Orlando, FL- December 11-14,1999.
Other Experience/Training:
J.A. Eterno,CV 19
Managing Editor meeting with Taylor & Francis. Prepared in expectations and duties as
Managing Editor of international journal.
Molloy College professional development: FERPA tutorial, Jenzabar training; various courses
offered by Faculty Professional Center: Using Rubrics for Easier Grading, Tenure and Promotion
Workshop, Intro to Turnitin.Com, Communicating Across the Curriculum Workshop; WebCT;
Introduction to Smart Board; Designing Effective Writing Assignments; On-Line Survey
Possibilities; Web Page Development.
Trained as Eucharistic Minister including visits to sick. Commissioned in October 2004 in
Rockville Centre -- serve Molloy College. Also, from September 2006 to present serve at Mercy
Hospital, Rockville Centre, NY (notes: 1. served as Eucharistic Minister, Lector, and Altar
Member Knights of Columbus.
Server at St. Andrew's in Manhattan, NY 1997-2003; 2. served as Usher 1981-2002 at Our Lady
of the Blessed Sacrament, Queens, NY).
VIRTUS trained- The Protecting God's Children Program for Adults, January, 2008.
Speech at Molloy presented on September 10, 2004 in remembrance of September 11, 2001.
Moderator of Alpha Phi Sigma (National Honor Society in Criminal Justice) at Molloy CollegeZeta Lambda Chapter.
Honors Convocation Coordinator, 2004 and 2005.
Numerous training courses with the NYPD such as Leadership Training and Executive
Development courses. Examples: Managing Diversity and Equal Employment Opportunity
Issues; Department Policy: Constitutional and Civil Liability; Hazardous Materials Emergency
Response Operations (yearly); Domestic Violence: The Cycle of Violence; Overview: Port
Authority Police Department; Overview: New York City Department of Correction; Overview:
Federal Bureau oflnvestigation; Terrorism Training: Islamic Culture, Response to International
and Domestic Terrorism, Introduction to Weapons of Mass Destruction.
Trained as interviewer while a graduate student at the University at Albany. In this capacity, I
conducted structured interviews ofNew York State government officials to determine their
views on criminal justice issues such as the death penalty.
Appendix B
1.
2.
3.
4.
5.
6.
7.
8.
Finnegan Deposition
Duncan Deposition
QAD Report (NYC 5153-5248)
Compstat Notes (NYC 12884-12949)
Lauterbom Report (PX 16)
Performance Evaluation Guide (PX 159)
Locker Photographs (two screen shots)
Home Invasion Recording (at http://vimeo.com/38868968)
AFFIRMATION OF SERVICE
STATE OF NEW YORK
)
) ss.:
COUNTY OF NEW YORK )
I, John Lenoir, being duly sworn, states and affirms: I am not a party to the within action, am
over the age of 18 years and am admitted to practice law in this State ..
On August 11, 20 14 I served the within Plaintiffs Expert Disclosure,
_X_
by depositing a true copy thereof by mail enclosed in a post-paid wrapper, in an
official depository under the exclusive care and custody of the U.S. Postal Service within New
York State, addressed to each of the following persons at the last known address set forth after
each name.
__
by causing a delivery of a true copy thereof personally to each person named
below at the address indicated. I knew each person served to be the person mentioned and
described in said papers as a party therein.
__
by transmitting the papers by electronic means to the telephone number listed
below, by which number was designated by the attorney for such purpose. I received a signal
from the equipment of the attorney served indicating that the transmission was received. I
further deposited a true copy of the papers, enclosed in a post-paid wrapper, in an official
depository under the care and custody of the U.S. Postal Service, addressed to the attorney at the
address set forth after the name:
__
by depositing a true copy thereof, enclosed in a wrapper addressed as shown
for overnight delivery, prior to the latest time
below, into the care and custody of
designated by that service for overnight delivery.
TO:
Suzanna P. Mettham
Law Department
100 Church Street- Room 3-203
New York, New York 10007
Walter Aoysius Kretz, Jr.
Scoppetta Seiff Kretz & Abercrombie
444 Madison Avenue, 30th Floor
New York, NY 10022
Brian E. Lee
Ivone, Devine & Jensen, LLP
2001 Marcus Avenue, Suite N100
Lake Success, NY 11042
Gregory John Radomisli
Martin Clearwater & Bell LLP
220 East 42"d Street, 13th Floor
New York, NY 10017
Paul Callan, Esq.
Callan, Koster, Brady & Brennan, LLP
One Whitehall Street
New York, NY 10004
Adrian Schoolcraft
PO Box 721
Johnstown, NY 12095
I~
John D. Lenoir
John D. Lenoir
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