Schoolcraft v. The City Of New York et al

Filing 91

Letter addressed to Judge Robert W. Sweet from Gerald M. Cohen dated 5/24/12 re: Counsel for the plaintiff encloses news articles cited in plaintiff's opposition to councilman Vallone's motion to quash the subpoena plaintiff served on him. Document filed by Adrian Schoolcraft. ***Accepted as a docket and file by Chambers. (mro) (mro).

Date: 5/24/2012

Time: 10:53 AM

From: Fax87. com

To: 2128057925

Page: 4 of 15

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May 24.2012

VIA fACSlMILE: [phone]
Honorable Raben W. Sweet
United States Dislri(.;t Judge
Southern District orNew York
500 Pearl Street
New York, New' York 10007
Re:

Sclwo/cmft, v. TIre Cit), orNeII' J'OJ'k

10 CV 06005 (RWS)

Your J lanor:
! represent the pIainli ff in the above rcl'o.:rl,,'Jl(;(.;d ci \'i] righls Ecrion brought
pursuant to 42 U.S.C. § 1983
I \\Titc no\\' pursuant to Your 110l1\1(:-; request '-lad
pCllllission at the oral argument held in this matter on ~'lay
2012 to submit [he news
articles cited in plaintiffs opposition to Councilman Vallonc's motion to quash th....
subpoena plaintiff served on him. Enclosed pl~asc I1nd the New York Timt;s article
daLed January 5. 2011: Daily News imicle dated January::: I. :::0 I'""/. nnd the Village Voice
article dated March 14. 2012.

Thank you for your considcrmioll
Ven' truly

YOllt's.

(~l~ ~ .~~.

\J:/V ~ ,

Gerald i\1. Cohen

Ene!.

Cc: VIA F ACSllVllLE

Suzanna Publicker
Nc\v York City Law' Department
lOO Church Street
New Yark. NY 10007

Date: 5/24/2012

Time: 10:53 AM

From: Fax87. COlli

[phone]
Gregory John Radomisli
Martin Clearwater & Bell LLP (NYC)

220 East 42nd Street
13th Floor
New York, NY 10017
[phone]
Brian E. Lee, Esq.
Ivone, Devine, & Jensen, LLP
2001 Marcus Avenue, Suite NlOO
Lake Success, New York 11042
[phone]
Bruce M. Brady, Esq.
Callan. Koster, Brady & Brennan, LLP
One Whitehall Street, 101h Floor
New York, New York t 0004
(2] 2) 248-6815
Jon L. Norinsberg, Esq.
225 Broadway, Suite 2700
New York, New York 10007
(212) 406·6890

To: 2128057925

Page: 5 of 15

Date: 5/24/2012

Time: 10:53 AM

5124/12

rrom: raxB7. com

Page: 6 of 15

Panel Will S:;;rulinize City PolicE! Crime Repo'iilll! . NYTirnes.c:om

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New York City to Exallline Reliability of
Its Crim.e Reports
By AL BAKER and WILLIAM K. RASHBAUM

Fac:ing questions over whether crime statistics have been manipulated to cast the New York
Police Department in a positive light~ the police commissioner, Raymond VV. Kelly, announced
on Wednesday that three tormer federal prosecutors would review the department's internal

crime-reporting system.
Mr. Kelly said that the former prosecutors would serve on a newly formed panel, called the
Crime Reporting Review Committee, and would be gin:n broad access to people and documents
to review the ways the Police Department records, tracks and audits its mvn crime numbers.
"ThE integrity of our crime-reporting system is of the utmost importance to the departl11ent~"

Mr. Kelly said in a statement. "It is essential not only for maintaining the confidence of the
people we

serve~

but reliable crime statistics arc necessary for the effective planning and

evaluation of crime- reduction strategies,'" he added.

For NIl'. Kelly, who has repeatedly played down criticism of the statistics, the creation of the
panel is a significant step toward addressing concerns that some police precincts may be
miscategorizing felonies as lesser crirnes.
Critics have long suggested that the crime data has been undermined by departmental
incentives or threats that in many cases prompt those responsible for assessing, reporting and
recording crimes - fram patrol officers to precinct commanders - to downgrade offenses or
discourage people from filing complaint reports.
Paul ,1. Browne, the Police Department's chid spokesman, said that Mr. Kelly decided to creale
the panel because "there's been a lot of false, or unirlir, accllsations against thc....:.P~o::.:..:l~ic:;;;::e"--_ _ _ __
Department, and that is true over time." The panel will have three to sLx monl
task.

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Mr, Browne added that to his knowledge, no outside inqniry - such as by a PI'

or other government agency - into the department's crime-reporting system
",WW nJlimes,corr.120~

1}0 1105!nyregion/06crime.Mm1?J= 1&pagew3nted"'pCll1t

MOREIN N.'

City Ro
Strang]
Say
Read More

Date: 5/24/2012
5124/12

Time: 10:53 AM

From: Fax87.coHl

To: 2128057925

Page: 7 of 15

Panel Will Scrutinize CJly Poll~ Crime Reporting. NYTimes.com

However, Peter F. Vallone Jr., the chairman of the City Council's public safety committee, had
been gathering evidence for months to hold his own hearing on the subject, and said he now
would wait until the panel had reached its conclusions.
"I believe that the statistics were in fact being manipulated," Mr. Vallone said. "1 have spoken
to many current and former police officers who unfortunately refused to go on the record but
who have corroborated that fact. And I've spoken to many civilians whose vaHd complaints
were not accepted by the Police Department."
The three panel members have all worked in the United States attorney's office in Manhattan.
They are David N. Kelley, who led the office from 2003 to 2005; Sharon L. McCarthy, who. as a
special counsel to Gov. Andrew M. Cuomo when he was state attorney general, looked into
whether there had been political interference in the State Police; and Robert G. Morvillo, a
prominent defense lawyer who is perhaps best known for defending Martha Stewart.
Mr. Kelly said that the panel would look at what he called "summary documents" on the nature
and trends in crime classification; visit station houses to see the crime- reporting system
firsthand; review the discipline meted out when problems are discovered; and assess how the
Police Department makes its data public.
The panel will also be allowed to attend commanders' meetings that are part of the
department's CompStat program, a computerized mapping system that tracks crime patterns,
to understand what role the statistics play in keeping police managers accountable.
The creation of the panel comes as Internal Affairs Bureau officers are investigating claims that
crime complaints in the SlSt Precinct in Brooklyn had been intentionally downgraded to make
felonies appear to be misdemeanors, in an attempt to tamp down the number of major crimes.
In October, internal disciplinary charges were lodged against the former commander of the
precinct and four others. The former commander, Inspector Steven Mauriello, was charged
with failing to record a grand larceny complaint; the four others, two sergeants and two officers,
are accused of failing to file a robbery complaint.
Those charges underscore concerns of current and former officers who say that CompStat,
which has been credited with bringing down major crimes, has created intense pressure to
reduce crime each year and has led some supervisors to misclassif.y major crimes.
Police officials have long denied the existence of a quota system, but have said that officers are
expected to meet performance goals.
Last February, more than 100 retired captains and higher- ranking officers who participated in
VNtW.nytimes.coml2011/01 f06/nyregionlO6crima.html'Cr=1 &pagewantBd-=print

214

Date: 5/24/2012

Time: 10:53 AM

5/24/12

From: Fax87.com

To: 2128057925

Page: 8 of 15

Panel WID Scrutinize Clly Police Crime Reporting· NYTimas.com

an academic survey reported that they were aware of instances of "ethically inappropriate"
changes to crime complaints in the major categories of felonies measured by CompSt at.
The department has repeatedly disputed the survey's methodology.
Mr. Kelly has~ in the past, formed outside panels to examine police procedures, even when he
believed that the department was doing good, credible work. For example, when the number of
stop-and-frisk encounters rose in 2006, Mr. Kelly asked the RAND Corporation to study the
role that race plays in street-stop encounters. RAND found no evidence of racial profiling in the
department's tactics.
Mr. Browne said that Mr. Kelly had sought input from a "wide variety of people" on whom to
appoint.
Mr. Kelley, who was a co-chairman of the Justice Department's investigation of the Sept. 11
attacks, said the panel's intent "is to take a completely objective view on this and be completely
transparent about how we do it and what we do."
Mr. Morvillo, 72, also worked as a federal prosecutor in Manhattan some 40 years ago, at one
time as chief of the office's criminal division.
"1 think it's an important project," he said on Wednesday, "and I know that all of us are going to
approach it as objectively as possible. And I hope that when we complete our work on it, we will
have brought some value to this area."
Ms. McCarthy, 47, was a longtime federal prosecutor in Manhattan who spent four years

leading a unit that prosecuted drug and racketeering gangs.

ITm honored to have been chosen to sit on the committee, and I'm looking forward to the work

ahead," she said.

Eli Silverman, one of the architects of the academic survey of former high-ranking officers, said
he was dubious of the way the panel was selected, despite its members' credentials.
"My take on it, at a minimum, is that it is a defensive ploy, because so much has come out," said
Mr. Silverman, a professor at the John Jay College of Criminal Justice. "There's a lot of very
incongruous information that they have placed out there," he said of the department. "There's
stuff there that belies their conclusions."
The department's Quality Assurance Division already looks at more than 50,000 crime reports
a year, and has found a 1.5 percent annual misclassification rate, Mr. Kelly said in his statement.
www.nytimes.coml2011101/06/nyragionlO6c:rime.htmS1_r=1&pagewanted=prlnt

3f4

Date: 5/24/2012
5/24112

Time: 10:53 AM

From: Fax87. com

To: 2128057925

Page: 9 of 15

Panel Will Scrulinize City Pol/os Crime Reporling - NYTimes.com

Mr. Browne said the department had 100 people assigned to auditing; they routinely audit each
precinct twice a year, examining at least 600 cases in each station house every 12 months, and
more than 1,000 instances of allegations ofmisclassification. A previous attempt to examine the
integrity of the crime statistics ended prematurely.
In 2005, Mark F. Pomerantz, then the chairman of a mayoral commission created to monitor
the Police Department's effort to fight corruption, told the City Council's public safety
committee that the commission had sought to review reports of fraudulent claims for police
overtime and charges of sexual misconduct and domestic violence by officers, but was stymied
by the department's failure to provide information.
The department insisted that the reviews the commission wanted to conduct were not within
the panel's mandate of examining corruption.
In an interview that year, Mr. Pomerantz said the panel also wanted to examine the integrity of
the departmenfs crime statistics following charges that police commanders were downgrading
some crimes to lesser offenses. Again, the department resisted.
Mr. Browne said the new pane] {{will have access to anything and anyone they want."

Benjamin Weiser contributed reporting.

www.oytlmeS.coml2011101106/nyreglonl06cr1me.html?_1-1&pagewanted=print

414

Date: 5/2412012

Time: 10:53 II.M

Sf23i12

From: Fax87,com

To: 2128057925

Ke,ly lays down I.'le law 10 cops

New York D;:1ily NQWS

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Pclicll Commisslonor Haymond Kelly 1<I'e! down 1110 I~w to
lhe rJYPD: Make it easinr far ti(lw YCrY,efS 10 report crimes
and make each OI1C or them cc.mL
In a momo issued las I week a"d oblain·~d

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TIle op!lratlonnl order spells O"t irJ p,,'n~li.I:'ifl9 del~,1 IIw
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113

Date: 5124/2012
5f23/12

Time: 10:53 AM

rrom: E'ax87. com

To: 2128057925

Page: 11 of 15

Kelly lays down 1119 law 10 cops - Now Ymk Dl1ily NtJWS
Police Qrkinls S,ly COilS 11<1\'0 iI L",llur Ch;H1CC Of sulci,,!: crimE.!!> if P,U ,itt;"1S can kb:lI'Ih(y lilO suspects or if
compldinanl5 c~n pro\ldo oil mr,c.pi for &W~C~l prOIl!](I),. CiJll 911 right Clway.

A n"n,JflJI 01 pC/lice! olGcars. IncltJdln<j /'I(jrl;m Sr:tl()(Jlc:ra'l. ...l10 Is su.rg IhC! NYPD fer allagedly f::rdng him lroW
<) Iller'll,,1 :"'slill,J[iol1. heM! sClld Sl!P"',iSOT!> pre55UH,d Ofr.;:;(HS 10 uowoglildl} folonies 10 misdeme3nors,
Schoolera'i. assigrlcd 10 Ihe 8151 Prccincl If' B"(Ilord-$\uy\o{!""nl. "Is;) c.ialn,..,<J Itml cops dlscouragGd
'.icHm$ "galnsl flllll1J complainlS.

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nUHU:-fOUS complaints ~on1 crime \.ktHlIS Vtl,o l~OlJrc:ln £jC! pclic~ t:"l fi:e ~ r(~p::n, or r~tJd i1 difficu" 'il'rlfr dOipg
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213

Date: 5/24/2012
5123/12

Time: 10: 53 AM

From: Fax87 , com

To: 2128057925

Page: 12 of 15

Ki3l1y lays downlhe law 10 cops - New York D<lily News

articles,nydailynews.coml2012-01-21/newsI30651712_1_crime-vic:lims-pclice-offlcers...-eport-crimcs

3/3

Date: 5/24/2012

Time: 10:53 AM

5123/12

From: Fax87,com

To: 2128057925

Page: 13 of 15

New YCt~ NYPD's Reporling Problem - W1ilgO VOice;;

NYPD's Reporting Problelll

Reactions to our 'NYPD Tapes' confirmation came like a

swift billy club to the skull

By Grahanl Rayman
pll blishctl: ~litrch 14, :.!() 12

Reacting to the Voice's :11'1 i('/e [,lsi week on (I ~e(;l'eU'~'YPD
investigation that vindicated a whistle~blO1ver who reported
downgrading of crime, New Yor kcrs ('cached out to us to
report their own diffieult experiences with trying to file crime
complaints.
In e-mails, phone calls. and comments to The Village Voice
and other media out]ets-induding TIl(! New York Times and
vV:NYC-several dozen Nc\" Yorkers shut'ed appalling
experiences about the simple act of reporting a crime.

See also: Our previous coyer,

The Voice reported last \vecl< that a secret internal report
withheld by the ]\,ryPD for nearly hyo years confirmed most of
the allegations about downgrading of crime reports made by
Police Officer Adrian Schoolcraft in October 2009, FOT his
trouble, Schoolcraft claims the KYPD retaliated against him
by forcibly dragging him to a psychiatric 'INard at Jamaica
Hospital where he was held for six days.

:.; lTD Til ppS Con fi I'm (:~r

City Councilman Peter Vallol1r: tells the Voice the findings in
the NYPD report on Schoolcraft's allegations mirror what h{~
has been hearing for some lime from New Yorkers. "This
report might be a game changer," he says. "This is even marc evidence thallhe crime statistics are
not accurate. lL happens far too often for it to be just mistakes."
Vallone plans to hold a hearing once Police Commissioner Raymond Kelly's three-member panel is
finished with its review of the crime statistics. That review is now more than six months late. VaUone
has written two letters to Kelly questioning the delay without nn answer from the commissioner.
"Because of the circumstances, the treatment of Schoolcraft should be looked at by the commission
that Kelly established," Vallone adds.
"y ou would think people at City Hall would be "mrried about retaliation against people who report
misclassifieation of crime reports," says Christopher Dunn of the ~ew York Civil Uberties Union. "City

Hall should be doing something about this."
A retired t-;'YPD detective called for a federal monitor to oversee the department.

A police officer wrote the Voice to tell us: "The NYPD has become in many ways a pyramid scam.

Commanding officers \vill downgrade every crime they can in order Lo get politically promoted."

Among the anecdotes told to the Voice was one by a man who reported an assault to police and was
ww\v.villagevoice.comlr.:ontanlJprinIVorsiQnI33963041

113

Date: 5/24/2012
5124/12

Time: 10:53 AM

from: fax87.com

To: 2128057925

Page: 14 of 15

New York NYPO's Reporting Problem - Village VOice

accused of lying. "The detective did one of those callbacks, was very nasty, and accused me of lying,"
he said. uHe dropped the case. One ofthe officers told me, 'It's not really an assault unless you're
bruised, bloody, and broken."
Another man said he was robbed by a man he met at a nightclub. Precinct police were unresponsive,
even after the victim gave the name and identifying details to investigators. "1 was ignored by police,
my apartment was never printed, and I had to contact my city councilman to get them to call me
back," he says. "I am trying to hold the NYPD accountable for ... I don't know ... doing their jobs."
A resident of the ritzy Donald Trump development on Riverside Drive in Manhattan told the Voice

about a burglary on December 7. 2011. She says burglars cleaned her out of about $60,000 worth of
possessions. She called 911. and the person who took the call told her to go to the precinct. She did and
brought two police officers back to her apartment.
The victim was told a detective would follow up. That took four days. That detective doubted her

claims. "Among the absurd reasons he gave me were there had never been a robbery in Trump

Towers. so he didn't believe I had been robbed," she says.
She says the detective refused to interview any witnesses. "He said witnesses had no credibility
because I could tell them anything I wanted," she says. "He concluded no robbery had occurred
because 'I couldn't prove everything I claimed was missing was in my apartment on the day I'd been
robbed.' How could anyone?"
She says she complained about the detective to the precinct commander; but the commander never
called her back. The detective then called her and yelled at her for getting him in trouble with his boss.
She filed a complaint with Internal Affairs. Two months of pestering them later, she was told the
complaint had been dismissed. "What makes this truly remarkable is that no one from lAB ever spoke
to me once to get any facts or details as to what I was complaining about,1I she says.

As a result of the police refusing to take her complaint, she says, her insurance company is denying her
claim. "We've become double victims," she says.
A Brooklyn man told the Voice about a terrifying 2007 incident in which three teens robbed and beat

him, fracturing his skull. He spent a week in the hospital as a result. He says when he tried to report
the incident. though, he got so much resistance from the police that he finally had to ask for help from
a police-officer friend.
A Manhattan woman went to her precinct to report an earlier road- rage incident in which another
driver cut her off and threw metal too15 at her car. "The desk captain asked me why I was bothering
to report something that already happened earlier, and when I insisted he take a report, he found a
lackey to do it," she wrote.
When she called the precinct a few days later to follow UP. she 1earned that the report had been lost. "I
discovered that not only my precinct 'may have sent the report to another precinct: but that no one in
that precinct could find the report. So I was out a cracked car window, battered car body, and any
proof this nut job threatened my life," she wrote.
A Williamsburg, Brooklyn, man said when he was mugged a few years ago, police from one precinct

told him to go to another precinct. When he got to the second precinct. officers told him that, too. was
the wrong precinct.
Police Spokesman Paul Browne did not respond to Voice inquiries. but he to1d other reporters that the
report proves that the NYPD took Schoolcraft's allegations seriously. Mayor Bloomberg, meanwhile,
has been silent on the subject, and his spokesman did not return phone calls.
www.villagevoice.comIconlentfprinlV ersionl3396304/

213

Date: 5124/2012

Time: 10:53 AM

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To: 2128057925

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